text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1994 and shall come into force on 26th August 1994.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1) above.
3
In these Regulations —
a
a reference to the principal Regulations is a reference to the Education (Grants) (Music and Ballet Schools) Regulations 1989 ; and
b
a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the principal Regulations,
and the amendments to the Aided Pupil Scheme contained in these Regulations shall be made to Schedule 1 to the principal Regulations.
2
1
For regulation 8D of the principal Regulations there shall be substituted the following regulation —
8D
1
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Choir Schools' Association Bursary Trust (“the trust”) in respect of their expenditure, incurred or to be incurred, in connection with the provision of education to pupils to whom paragraph (2) applies.
2
This paragraph shall apply to pupils who —
a
are admitted as choristers to one of the choir schools listed in Schedule 2A on or after 1st September 1991;
b
are aged between 8 and 13; and
c
are considered by the choir school to which they are admitted and by the trust to be capable of benefiting from the education provided.
;
2
In regulation 8F of the principal Regulations the words “the specified choir schools and” shall be omitted; and
3
In regulation 8G of the principal Regulations the words “specified choir schools and the” shall be omitted.
3
In sub-paragraphs (3) and (4) of paragraph 8 of the Aided Pupil Scheme (references to income) for the sum “£1,125” there shall be substituted the sum “£1,140” in each place where it occurs.
4
In paragraph 13 of the Aided Pupil Scheme (remission of fees — boarding pupils) —
a
in sub-paragraph (2), for the sum “£7,940” there shall be substituted the sum “£8,049”; and
b
for the Table in sub-paragraph (3), there shall be substituted the following Table —
Table
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £7,900 but does not exceed £9,972 10% 7.5% That part (if any) which exceeds £9,972 but does not exceed £14,013 20% 15% That part (if any) which exceeds £14,013 12.5% 7.5%
5
In sub-paragraphs (2) and (3) of paragraph 14 of the Aided Pupil Scheme, for the sums “£9,983” and “£9,834” there shall be substituted the sums “£10,121” and “£9,972” respectively.
6
For sub-paragraphs (3) and (4) of paragraph 17 of the Aided Pupil Scheme (uniform grants) there shall be substituted the following sub-paragraphs —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,462 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£160, where the relevant income does not exceed £9,186;
b
£120 where that income exceeds £9,186 but does not exceed £9,613;
c
£78, where that income exceeds £9,613, but does not exceed £10,025;
d
£40, where that income exceeds £10,025 but does not exceed £10,462;
Provided that any uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 26th August 1994 and ending when that year begins.
4
Except where sub-paragraph (3) applies, uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,025 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£59, where the relevant income does not exceed £9,352;
b
£31, where that income exceeds £9,352 but does not exceed £10,025.
.
7
In sub-paragraph (1) of paragraph 23 of the Aided Pupil Scheme (school travel grants) for the sums “£9,238” and “£9,059” there shall be substituted the sums “£9,365” and “£9,186” respectively.
8
In sub-paragraph (1) of paragraph 24 of the Aided Pupil Scheme the words “ordinary or” shall be omitted.
9
Sub-paragraph (3) of paragraph 3 of Schedule 2 shall be omitted.
10
For Schedule 2A there shall be substituted the following Schedule —


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 1) Order 1994 and extends to the United Kingdom and to the Channel Islands and the Isle of Man.
2
Section 159(1), (2) and (4) of the Criminal Justice and Public Order Act 1994 (Backing of Warrants: Republic of Ireland) shall come into force on 19th December 1994.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
19th November 1994


text:
Title, extent and commencement
1
These Regulations may be cited as the Integrated Administration and Control System (Amendment) Regulations 1994, shall apply throughout the United Kingdom and shall come into force on 15th May 1994.
Amendments to the Integrated Administration and Control System Regulations 1993
2
1
The Integrated Administration and Control System Regulations 1993 shall be amended in accordance with the following paragraphs of this regulation.
2
The definition of “agricultural parcel” in regulation 2(1) shall be replaced by the following:
“agricultural parcel” has the same meaning as in Article 1(4) of Council Regulation 3508/92;
.
3
The following definition shall be inserted after the definition of “Commission Regulation 3887/92” in regulation 2(1):
“Commission Regulation 762/94” means Commission Regulation ( EC ) No. 762/94 laying down detailed rules for the application of Council Regulation 1765/92 with regard to the set-aside scheme ;
.
4
In the definition of Council Regulation 805/68 in regulation 2(1), replace “as amended by Council Regulation ( EEC ) No. 2066/92 ” by “as amended by Council Regulations (EEC) Nos. 2066/92 and 125/93 and Council Regulation (EC) No. 3611/93 ”.
5
The following definitions shall be inserted after the definition of “Council Regulation 805/68” in regulation 2(1):
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organisation of the market in sheepmeat and goatmeat , as amended by Council Regulation (EEC) No. 2069/92 ;
“Council Regulation 2328/91” means Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures, as amended by Council Regulation (EEC) No. 870/93 ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops , as amended by Council Regulations (EEC) Nos. 364/93 and 1552/93 and Council Regulations (EC) Nos. 231/94 and 232/94 , as read with Commission Regulation (EEC) No. 3738/92 ;
.
6
In the definition of “specified payment” in regulation 2(1), substitute “Council Regulation 1765/92” for “Council Regulation (EEC) No. 1765/92 establishing a support system for producers of arable crops, as read with Commission Regulation 3738/92”, substitute “805/68, the” for “805/68 and the”, and insert at the end “, the premium in respect of sheep under Article 5 of Council Regulation 3013/89 and the compensatory allowance under Article 17 of Council Regulation 2328/91”.
7
Regulation 4 shall be replaced by the following:
Minimum size of agricultural parcel
4
For the purposes of Article 4(7) of Commission Regulation 3887/92, the minimum size of an agricultural parcel in respect of which an application may be made shall be —
a
where that agricultural parcel consists of land set aside pursuant either to the obligation to set land aside set out in Article 2(5) of Council Regulation 1765/92, or to the option to set land aside set out in Article 7(6) of that Regulation, the size of the minimum area of land permitted to be set-aside under Article 3(1) of Commission Regulation 762/94;
b
where the agricultural parcel as defined in regulation 2(1) of these Regulations also constitutes an agricultural parcel as defined in regulation 2(1) of the Arable Area Payments Regulations 1994 , the minimum size parcel for which an arable compensatory payment (as defined in regulation 2(1) of those Regulations) may be made in respect of that parcel in conformity with regulation 5 of those Regulations;
c
where the agricultural parcel is sown with linseed and is used for seed production or research, 0.01 hectare; and
d
in all other cases, 0.1 hectare.
.
8
The following regulation shall be inserted after regulation 4:
Reimbursement of specified payments
4A
In any case where a farmer is obliged to reimburse all or part of any specified payment in accordance with Article 14(1) of Commission Regulation 3887/92, the amount so falling to be reimbursed shall be recoverable as a debt.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
21st April 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Peterborough Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th July 1994.
2
In this Order —
“the Authority” means the North West Anglia Health Authority;
“the Trust” means the Peterborough Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Rent Act 1977 (Forms, etc.) (Welsh Forms and Particulars) (Amendment) Regulations 1994 and shall come into force on 6th April 1994.
Amendment
2
The Rent Act 1977 (Forms, etc.) (Welsh Forms and Particulars) Regulations 1993 are amended as follows:–
a
in regulation 2 after the words “the corresponding forms in” delete the words “the Schedule” and insert “Schedule 1”;
b
in the Schedule–
i
in question 4 of “Ffurflen Rhif 5”, “Ffurflen Rhif 6”, “Ffurflen Rhif 7”, “Ffurflen Rhif 9A” and “Ffurflen Rhif 10”, add after the words “ar ba lawr” the words “neu loriau”;
ii
in question 1 of “Ffurflen Rhif 10” for the words “yr ydych am gofrestru rhent ar ei gyfer” there are substituted the words “y mae'r rhent wedi ei gofrestru ar ei gyfer”;
iii
at the end of paragraph 5 of “Ffurflen Rhif 13” add the word “teg” after the word “rhent”;
iv
in question 15 of “Ffurflen Rhif 5” and in question 14 of “Ffurflen Rhif 7” add after the words “unrhyw waith” the words “neu waith”;
v
in question 11 of “Ffurflen Rhif 10” for the word “Os” substitute “A” and add after the words “unrhyw waith” the words “neu waith”;
vi
in question 11 of “Ffurflen Rhif 9A” after the word “teg” add the words “gan gynnwys y dreth gyngor”;
vii
for the third question in question 11 of “Ffurflen Rhif 6”, there is substituted:–
“A oedd unrhyw waith trwsio cychwynnol i'w wneud? Oedd/Nac oedd Ticiwch un blwch”;
viii
for the fourth question in question 11 “Ffurflen Rhif 6”, for the word ““Do”” there is substituted the word ““Oedd”” and for the final question, for the word ““Naddo”” there are substituted the words ““Nacoedd””;
ix
in the final question of question 11 of “Ffurflen Rhif 6”, for the word “wneud” there is substituted the word “orffen”.
Signed by authority of the Secretary of State for Wales
Sir Wyn Roberts
Minister of State Welsh Office
10th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 1994 and shall come into force on 8th August 1994.
2
In these Regulations “the principal Regulations ” means the Social Security (Credits) Regulations 1975 .
Amendment of regulation 9 of the principal Regulations
2
In regulation 9(4) of the principal Regulations (credits for unemployment or incapacity for work) —
a
in sub-paragraph (a)(iii) the words “(including any employment to which sub-paragraph (b) of this paragraph applies)” shall be deleted; and
b
at the end of sub-paragraph (b)(ii) there shall be added the word “and” and after that sub-paragraph there shall be added the following sub-paragraph —
iii
he was engaged in no other employment in that week,
.
Substitution of regulation 9A of the principal Regulations
3
For regulation 9A of the principal Regulations (credits for persons approaching pensionable age) there shall be substituted the following regulation —
9A
1
For the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions he shall, subject to the following paragraphs, be credited with such earnings as may be required to bring his relevant earnings factor in respect of a tax year to which this regulation applies to the level required to make that year a reckonable year.
2
This regulation shall apply to the tax year in which a person attains the age of 60 and to each of the 4 succeeding tax years.
3
Paragraph (1) shall apply, in the case of a self-employed earner, only if he is —
a
liable to pay a Class 2 contribution in respect of any week in a tax year to which this regulation applies; or
b
excepted from liability to pay Class 2 contributions in respect of any week in a tax year to which this regulation applies by virtue of his earnings being less than, or being treated by regulations as less than, the amount specified in section 11(4) of the Social Security Contributions and Benefits Act 1992 (exception from liability for Class 2 contributions on account of small earnings) ,
so that he shall be credited with earnings equal to the lower earnings limit then in force in respect of each week for which he is not so liable.
4
A person shall not be credited with earnings under paragraph (1) for any week in a tax year to which this regulation applies where, in respect of that week, he is entitled under any other provision of these Regulations to have earnings, or a contribution of any description, credited to him.
5
Where in any tax year to which this regulation applies a person is absent from Great Britain for more than 182 days, he shall not by virtue of this regulation be credited with any earnings or contributions in that tax year.
.
Amendment of regulation 9B of the principal Regulations
4
In regulation 9B(3) of the principal Regulations (credits for jury service) at the end of sub-paragraph (b) there shall be added the word “or” and after that sub-paragraph there shall be added the following sub-paragraph —
c
to a person in respect of any week in any part of which he is a self-employed earner.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
11th July 1994


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order to connect the trunk road with the A4087 Caernarfon Road at the place stated in that Schedule (the highway along the route being in this Order referred to as “the slip road”) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new slip road is indicated by a heavy black line on the deposited plan.
3
In this Order: —
All measurements of distance are measured along the route of the relevant highway:
“the deposited plan” means the plan numbered HA 10/2 W0107 marked “The London–Holyhead Trunk Road (A5) (Bangor Bypass Section) (Eastbound On Slip Road from A4087 Caernarfon Road) Order 1994” signed by authority of the Secretary of State for Wales, and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the slip road” has the meaning given in article 1 of this Order;
“the trunk road” means the London–Holyhead Trunk Road (A5).
4
This Order shall come into force on 18th August 1994 and may be cited as The London–Holyhead Trunk Road (A5) (Bangor Bypass Section) (Eastbound On Slip Road from A4087 Caernarfon Road) Order 1994.
Signed by Authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 15th July 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (NYNEX CableComms Wessex) Order 1994 and shall come into force on 19th May 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry
14th April 1994


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Information) (England) Regulations 1994 and shall come into force on 21st June 1994.
2
These Regulations apply in relation to schools in England.
Revocation
2
The Education (School Information) (England) Regulations 1993 , and the Education (School Information) (Amendment) (England) Regulations 1993 , are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1980 Act ” means the Education Act 1980;
“the 1988 Act ” means the Education Act 1988;
“admission school year” means a school year at the beginning of which pupils are to be admitted to any school;
“assess” means assess pursuant to orders made under section 4 of the 1988 Act , and “assessment” shall be construed accordingly;
“attainment targets” has the meaning given by section 2 of the 1988 Act;
“authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” means General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), all grant-maintained schools, grant-maintained special schools (other than any established in a hospital), and all city technology colleges and city colleges for the technology of the arts in the area of the relevant authority;
“maintained school” means:
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital
but excludes any nursery school;
“national average figures” means the average figures for all schools in England and, in relation to pupils aged 16, 17 or 18, also include the figures for all institutions within the further education sector;
“non-maintained special school” means a special school which is not maintained by an authority nor a grant-maintained special school (and which is not established in a hospital);
“previous school year” means the school year immediately preceding the reporting school year;
“publication school year” means the school year immediately preceding the admission school year;
“public examinations” means public examinations which are for the time being prescribed by regulations made under section 106 of the 1988 Act ;
“primary education” does not include such education provided at a middle school;
“relevant authority”, in relation to a maintained school, means the authority by which the school is maintained;
“reporting school year” means the school year immediately preceding the publication school year;
“special educational needs” and “special educational provision” have the same meanings as in section 156 of the Education Act 1993;
“special school” has the meaning assigned to it by section 182(1) of the Education Act 1993;
“unit” in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.
3
In these Regulations any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 6(1) of the 1980 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.
4
In these Regulations, unless the context otherwise requires, a reference to publication by the governing body of a school includes a reference to publication on behalf of the governing body by the relevant authority by virtue of section 8(6) of the 1980 Act.
5
In these Regulations references to the first key stage and the third key stage are references to the periods set out in paragraphs (a) and (c) of section 3(3) of the 1988 Act.
6
In these Regulations, unless the context otherwise requires, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.
7
In these Regulations —
a
except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;
b
where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.
8
In these Regulations, references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act.
9
For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
Qualification of Duties
4
The duties imposed on governing bodies and authorities by virtue of these Regulations in respect of provision or publication of information apply only to the extent that that information is available to the governing body or the authority before the latest occasion on which the information is required to be provided or published, as the case may be.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 2.
PART III
INFORMATION TO BE PUBLISHED OR PROVIDED BY AUTHORITIES
General information to be published by authorities
6
1
An authority shall publish with respect to its policy and arrangements in respect of primary and secondary education (including such education provided in a middle school) in its area information in respect of each of the matters specified in Schedule 1.
2
Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes.
3
This information shall be published as provided in regulation 7.
Time and manner of publication by authorities of general information and particulars of school admission arrangements and related matters.
7
1
This regulation shall apply in relation to the publication by an authority of —
a
information in respect of the matters specified in Schedule 1;
b
particulars of the arrangements mentioned in section 8(1), (3) and (4) of the 1980 Act ; and
c
any other information pursuant to sections 8(5) and (6) of the 1980 Act.
2
Such information and particulars shall be published before the end of the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.
3
Subject to paragraphs (4) to (9), such information and particulars shall be published —
a
by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons —
i
at the offices of the relevant authority, and
ii
at every school maintained by that authority, other than a nursery school or a special school;
b
by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and
c
by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority.
4
So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not —
a
be made available at offices, schools and libraries outside that part; or
b
be distributed to the parents of pupils who are at schools outside that part,
if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents.
5
It shall be a sufficient compliance with paragraph (3) (a) (ii) if so much of the information and particulars as relates to schools classified as —
a
primary schools;
b
middle schools; or
c
secondary schools,
(irrespective of the terminology used) is available only in schools of the classification in question.
6
It shall be a sufficient compliance with paragraph (3) (b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.
7
So far as the particulars specified in Part II of Schedule 1 are concerned (special education provision), paragraphs (3), (4), (5) and (6) shall not apply but the particulars shall be published —
a
by copies being available for distribution without charge to parents on request, and for reference by parents and other persons, at the relevant authority; and
b
by copies being available for reference by parents and other persons —
i
at every school maintained by the relevant authority, and
ii
at the public libraries in the area of that authority.
8
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements made by the relevant authority under section 7(1) of the 1980 Act (appeals against admission decisions) and mentioned in section 8(1)(c) of that Act shall also be published by being set out in any document containing a notification to parents of a decision referred to in section 7(1) of that Act refusing their child admission to a school for which the parents have expressed a preference in accordance with arrangements made under section 6(1) of that Act.
9
Information about the matters mentioned in paragraphs 7(2) and 18 of Schedule 1 (transport arrangements and policies) shall also be published by copies being distributed without charge to institutions within the further education sector or at which a further education funding council has secured provision which (in either case) the authority consider students resident within its area may wish to attend.
PART IV
INFORMATION TO BE PUBLISHED BY GOVERNING BODIES
General information to be published by governing bodies
8
1
Subject to regulations 9 and 10, the governing body of a maintained school shall publish as respects that school the information specified in Schedule 2.
2
Subject to regulations 9 and 10, this information shall be published as provided in regulation 11.
Determination of examination results particulars
9
1
The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 2.
2
Subject to paragraph (6), if a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 3(9), only the examination in which he achieved the higher or highest grade shall be taken into account.
3
In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.
4
In the case of examinations for the GCSE for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 3 in the order in which they are so listed.
5
For the purposes of this regulation, an examination for the GCSE in a subject listed in the first column of Schedule 3 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject.
6
In the case of a pupil who has been entered for both GCE ‘A’ level and GCE ‘AS’ examinations in the same subject, only the GCE ‘A’ level examination result shall be taken into account.
7
Subject to paragraph (6), in calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ shall be treated as the equivalent of half a GCE ‘A’ level.
8
Subject to paragraph (6), for the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations, the following grades of achievement equate to the following points, namely:
GCE ‘A’ level: grade A=10 points; grade B=8 points; grade C=6 points; grade D=4 points; and grade E=2 points;
GCE ‘AS’: grade A=5 points; grade B=4 points; grade C=3 points; grade D=2 points; and grade E=1 point.
Performance information not relating to the reporting school year
10
1
This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 15 and 16, 17(b) and (c), 18, 19 and 21 of Schedule 2 is not available for assessment undertaken, examinations held or qualifications achieved in or attendance during the reporting school year.
2
Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in paragraph (3) of regulation 11, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.
Publication of school prospectuses
11
1
This regulation applies in relation to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 2.
2
In the case of any maintained school —
a
such information shall be published in a single document to be known as the school prospectus; and
b
copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
The school prospectus shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Where any information of the kind referred to in Schedule 2 is to be published by the relevant authority, it shall be supplied to them by the governing body and shall be published without material alteration.
5
In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.
PART V
SUPPLEMENTARY
Supplementary provisions relating to published documents
12
1
This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.
2
Such a document shall state the school year to which the information or particulars contained in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matter particularised —
a
before the start of, or during, the school year in question, or
b
in relation to subsequent school years.
3
If it appears requisite to the governing body or, as the case may be, an authority, that a translation of such a document in a language other than English should be available, it shall be translated into that language and the translated document shall be published in such manner as appears to the governing body or authority to be appropriate.
4
Parents shall not be charged for a copy of such a translated document if they are entitled without charge to a copy of the original document.


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 1994 and shall come into force on 1st March 1994.
2
Part IV of the Criminal Justice Act 1988 (reviews of sentencing) shall apply to any case in which sentence is passed on a person for any of the following offences:
i
offences under section 14 or section 15 of the Sexual Offences Act 1956 (indecent assault on a woman or on a man);
ii
offences under section 16 of the Offences against the Person Act 1861 (threats to kill);
iii
offences under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
iv
attempting to commit, or inciting the commission of, any of the offences described above.
3
This Order extends to England and Wales only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State Home Office
24th January 1994


text:
1
This Order may be cited as the Patents (Convention Countries) Order 1994 and shall come into force on 13th January 1995.
2
The countries specified in Schedule 1 to this Order are convention countries for the purposes of section 5 of the Patents Act 1977.
3
Insofar as they have effect in relation to patents the Orders specified in Schedule 2 to this Order are hereby revoked.
R.P. Bulling
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Air Passenger Duty (Connected Flights) Order 1994 and shall come into force on 1st November 1994.
Interpretation
2
The provisions of the Schedule to this Order, including the Notes next mentioned, shall be interpreted and applied in accordance with the notes contained therein.
Rules for determining whether successive flights are connected
3
The provisions of the Schedule to this Order shall be used, in respect of the transfer of a passenger as described therein, for determining whether successive flights are treated as connected for the purpose of section 30(6), or section 31(3), of the Finance Act 1994.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1994


text:
1
This Order may be cited as the A629/A650 Trunk Road (Kildwick to Crossflatts) (Detrunking) Order 1994 and shall come into force on 29th April 1994.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the plan” means the plan numbered HA10/YHNMD 18 marked “The A629/A650 Trunk Road (Kildwick to Crossflatts) (Detrunking) Order 1994” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iv
“the trunk road” means the A629/A650 Trunk Road.
3
The lengths of the trunk road described in Schedule 1 to this Order shall cease to be a trunk road and shall be classified in the manner described in Schedule 2 to this Order, as from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
B. J. Billington
Director Network Management and Maintenance,
Department of Transport
31st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bromley Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th July 1994.
2
In this Order —
“the Authority” means the Bromley Health Authority;
“the Trust” means the Bromley Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994


text:
1
This Order may be cited as the Bail (Amendment) Act 1993 (Commencement) Order 1994.
2
27th June 1994 is the day appointed for the coming into force of the provisions of the Bail (Amendment) Act 1993 apart from section 2 .
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
25th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walsall Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 3rd March 1994.
2
In this Order —
“the Authority” means the Walsall Health Authority;
“the Trust” means the Walsall Community Health 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 20th September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 3rd March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
3rd February 1994


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“maintainer” means a person indicated in a National List as responsible for the maintenance of a plant variety;
“the Minister” means the Minister of Agriculture, Fisheries and Food, and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland acting jointly;
“National List” means a list of plant varieties prepared and published in accordance with the principal Regulations ;
“plant breeders rights” means rights which may be granted in accordance with Part I of the Act, and “plant breeders rights scheme” means a scheme made under that Part of the Act to enable a grant of such rights;
“the principal Regulations” means the Seeds (National Lists of Varieties) Regulations 1982 ;
“renewal fee” means a fee payable in respect of the retention of a plant variety in a National List.
2
Any reference in these Regulations to a numbered Schedule shall be construed as a reference to the Schedule bearing that number in these Regulations.
Payment of fees
3
1
Subject to paragraphs (2) and (3) below, a person making an application under the principal Regulations shall pay to the Minister in respect of matters arising under those Regulations —
a
a fee on making an application for the entry of a plant variety in a National List, being the new fee set out in the second column of Schedule 1 opposite the reference in the first column of the said Schedule 1 to the plant variety of the kind to which the application relates, such fee being payable on making the application;
b
a fee payable in respect of tests for one year for distinctness, uniformity and stability of a plant variety which is the subject of an application for entry in a National List, being the new fee set out in the second column of Schedule 2 opposite the reference in the first column of the said Schedule 2 to the plant variety of the kind to which the tests relate, such fee being payable within 14 days of a demand made by the Minister;
c
a fee payable in respect of trials for value for cultivation and use of a plant variety which is the subject of an application for entry in a National List and is referred to in Schedule 3, being the fee set out in the second column of the said Schedule 3 opposite that reference, such fee being payable in respect of each year of a trials cycle and so payable within 14 days of a demand made by the Minister;
d
a renewal fee, being the new fee set out in the second column of Schedule 4 in relation to the particular year of retention of a plant variety in a National List opposite the reference in the first column of the said Schedule 4 to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the particular year of retention in the National List;
e
the fees payable in respect of the matters referred to in the first column of Schedule 5, being the new fees set out in the third column of the said Schedule 5 opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Schedule 5.
2
The fees prescribed in Schedule 2 shall not be payable by an applicant who has paid the fees prescribed by regulations made under the Act in respect of tests carried out on his behalf for the purposes of a grant of plant breeders' rights in respect of the same variety.
3
The fees for trials for value for cultivation and use prescribed in Part II of Schedule 3 shall only be payable when the seeds used for such trials are sown on or before 31st May 1994.
4
If the fee payable by a person in connection with tests of a plant variety shall not have been paid within 14 days of a demand made by the Minister, the Minister shall not be obliged to take any further steps in relation to the tests until the fee shall have been paid.
Renewal fees
4
1
The renewal fee shall be paid by the maintainer who is indicated in the National List in compliance with regulation 18(1) of the principal Regulations.
2
Where two or more maintainers are indicated in a National List as responsible for the maintenance of a plant variety there shall when the occasion arises be paid by each of them, in place of the renewal fee prescribed in Schedule 4, a fee equal to one-half of such fee and if a fee so payable by a maintainer is not paid the Ministers shall remove from the National List the reference to such person as a maintainer of the plant variety.
3
The Ministers may extend the time for the payment of a renewal fee if they consider that it is reasonable in all the circumstances to do so.
Revocation
5
The Seeds (National Lists of Varieties) (Fees) Regulations 1990 , the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
23rd February 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd February 1994
John Redwood
Secretary of State for Wales
7th March 1994
Patrick Mayhew
Secretary of State for Northern Ireland
9th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Coal Industry (Retained Copyhold Interests) Regulations 1994 and shall come into force on 31st October 1994.
Prescribed form of acceptance notice
2
The prescribed form of acceptance notice for the purpose of paragraph 3(1)(a) of Schedule 7 to the Coal Industry Act 1994 shall be the form set out in the Schedule hereto or a form substantially to the like effect.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
3rd October 1994


text:
Citation and Commencement
1
These Regulations may be cited as the Industry-Wide Mineworkers' Pension Scheme Regulations 1994 and shall come into force on 15th December 1994.
Interpretation
2
In these Regulations
“the 1994 Act ” means the Coal Industry Act 1994;
“ the Scheme ” means the Mineworkers' Pension Scheme which was established under the Coal Industry Nationalisation (Superannuation) Regulations 1950 made under section 37 of the Coal Industry Nationalisation Act 1946 on 1st January 1952 by a resolution of 25th October 1951 of the National Coal Board and which was amended by subsequent resolutions of that Board the name of which was changed to the British Coal Corporation by section 1(1) of the Coal Industry Act 1987 ;
“ the Co-ordinator ” means Industry-Wide Mineworkers' Pension Scheme Co-ordinator Limited.
Establishment of new pension scheme
3
The Co-ordinator shall establish by means of a trust deed entered into between the Co-ordinator and Industry-Wide Mineworkers' Pension Scheme Trustees Limited a pension scheme in which participants in the Scheme, being an existing scheme within the meaning of Schedule 5 to the 1994 Act, are able to participate in accordance with the provisions of paragraph 3 of Schedule 5 to the 1994 Act.
Provisions of new pension scheme
4
The pension scheme required by regulation 3 above to be established shall be in the terms of a trust deed as set out in the Schedule to these Regulations which contains provision as specified in paragraph 3(6) of Schedule 5 to the 1994 Act satisfying the statutory requirements by reference to the Scheme as an existing scheme within the meaning of Schedule 5 to the 1994 Act.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
22nd November 1994


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Guernsey) Order 1994 and shall come into force on 15th April 1994.
2
Subsections (1) and (3) to (5) of section 57 of, and Schedule 5 to, the Northern Ireland (Emergency Provisions) Act 1991 shall extend to the Bailiwick of Guernsey with the modifications specified in the Schedule to this Order, being modifications which appear to Her Majesty to be appropriate.
N. H. Nicholls
Clerk of the Privy Council


text:
PART I
PRELIMINARY
Title, extent and commencement
1
These Regulations may be cited as the Milk Marketing Board (Residuary Functions) Regulations 1994, shall apply in England and Wales and shall come into force on 1st November 1994.
Interpretation; preservation of preliminary provisions of the old marketing scheme
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Agriculture Act 1993;
“the 1958 Act ” means the Agricultural Marketing Act 1958 ;
“the 1986 Act ” means the Insolvency Act 1986 ;
“the approved scheme” means the approved scheme (within the meaning of section 24(1) of the Act) of the Board ;
“assets” includes interests, property and rights;
“the Board” means the Milk Marketing Board established to administer the old marketing scheme;
“the B Reserve Fund” has the meaning assigned to it in regulation 18(1);
“Dairy Crest Limited” means the company registered under the Companies Act 1985 with registration number 2085882 as Dairy Crest Limited;
“Dairy Crest plc” means the company registered under the Companies Act 1985 with registration number 02845500 as Twicesimple Projects Limited;
“Dairy Crest shares” means any shares in Dairy Crest Limited or Dairy Crest plc which are retained;
“distribution entitlement” means the entitlement specified in Schedule 1;
“eligible producer” has the meaning assigned to it in Part I of Schedule 2;
“end year producer” has the meaning assigned to it in Part II of Schedule 2;
“entry” has the meaning assigned to it in regulation 14(8);
“final distribution” has the meaning assigned to it in regulation 27(3);
“the final liquidation of the Board” has the meaning assigned to it in regulation 27(1);
“the final trading period” means the period commencing on 1st April 1994 and ending immediately before Vesting Day;
“the general fund” has the meaning assigned to it in regulation 18(2);
“interim distribution” has the meaning assigned to it in regulation 21(1)(g);
“the old marketing scheme” means the Milk Marketing Scheme 1933 ;
“preserved”, in relation to a given provision of the old marketing scheme or any prescriptive resolution made under such a provision, means subjected to section 14(3)(a) of the Act (which provides that, notwithstanding section 1(1) of the Act (which provides for the revocation of the old marketing scheme on Vesting Day) the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations);
“property” includes any retained undertaking whether or not it has been retained for the purposes of the Board’s commercial activities;
“register” has the meaning assigned to it in regulation 14(1);
“registered” means registered under Part III of these Regulations;
“relevant asset total” means–
where in accordance with these Regulations the Board at any given time intends to transfer or procure to be transferred or requires to be issued and allotted any shares in Dairy Crest Limited, Dairy Crest plc, or any other company formed to acquire the shares or business of Dairy Crest Limited to registered eligible producers, the total number of such shares to be so transferred or, as the case may be, issued and allotted at that time;
on any occasion where, in accordance with these Regulations, the Board intends by means of an interim distribution or a final distribution to distribute, or procure to be distributed, the proceeds of realised assets of the Board, or any other assets, to registered eligible producers, the total amount of such proceeds or assets to be so distributed on that occasion;
“relevant period” means the period commencing on 1st April 1992 and ending on 31st March 1993;
“relevant producer” means any producer who at any material time was registered with the Board under the old marketing scheme;
“retained” means retained by the Board following the transfer referred to in the definition of Vesting Day below;
“rights” includes contingent rights;
“Vesting Day” means 1st November 1994 being the day on which, in accordance with the approved scheme, certain property, rights and liabilities of the Board are, as a result of section 11 of the Act, transferred by virtue of the Act.
2
Paragraph 3(1) of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
3
Paragraph 3(2) of the old marketing scheme in so far as it relates to the following expressions and the definitions assigned to them is preserved–
a
“company”;
b
“milch cow”;
c
“prescription” and “prescribe”;
d
“producer”;
e
“secretary”;
f
“subsidiary”;
and shall have effect as set out in Schedule 3 and in these Regulations, unless the context otherwise requires, any reference to one of these expressions has the meaning assigned to it in that scheme, save that the expressions “eligible producer” and “end year producer” shall not be taken to exclude any person solely by virtue of his having ceased to be a producer.
4
Paragraph 3(2) of the old marketing scheme in so far as it relates to the expressions “retail” and “semi–retail” is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
5
Paragraph 3(2) of the old marketing scheme in so far as it relates to the expressions “commercial activities”, “milk”, “Minister” and “prescriptive resolution” is preserved, subject to modifications, and shall have effect as set out in Schedule 3 and in these Regulations each of those expressions has the meaning assigned to it in that scheme as modified by this paragraph.
6
At the end of paragraph 3 of the old marketing scheme there shall be inserted a new sub–paragraph (3) and this shall have effect as set out in Schedule 3.
7
In these Regulations unless the context otherwise requires any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Effect of provisions of the old marketing scheme as preserved, inserted or continuing in force
3
The provisions of the old marketing scheme which–
a
are preserved, whether or not subject to modifications,
b
are inserted by virtue of these Regulations, or
c
by virtue of section 13 of the Act continue in force subject to the provisions of Part VII of these Regulations,
shall in aggregate have effect as set out in Schedule 3.
PART II
CONSTITUTION AND MEMBERSHIP OF THE BOARD
Restructuring of the Board’s functions
4
1
The Board shall immediately after the transfer under section 11 of the Act continue to exist until dissolved by order made under section 14(5) of the Act as a body corporate, with a common seal, called the Milk Marketing Board but with their functions confined to–
a
managing or otherwise dealing with the assets which are for the time being vested in them,
b
discharging such other functions as are specified in Part V of these Regulations in relation to the assets and liabilities which are for the time being vested in them,
c
carrying on other activities which they are obliged or empowered by these Regulations or other requirements of law to carry on, and
d
undertaking any functions ancillary or incidental to the functions mentioned above,
in such a manner and with such expedition as, as well as having regard to the interests of registered producers and the desirability referred to in paragraph (2) below, they consider is best calculated to secure that the winding up purpose is achieved.
2
In determining how to dispose of the national milk records undertaking the Board shall have regard to the desirability of such undertaking being maintained as a recording service available to all producers.
3
The Board shall not be regarded as acting on behalf of, and their property shall not be regarded as property of, or held on behalf of, the Crown and neither the Board nor their members nor the members of their staff shall be regarded as Crown servants.
4
In this regulation–
“the national milk records undertaking” means such assets and liabilities as the Board have retained for the purposes of their commerical activities relating to collecting milk samples and data relating to milch cows, testing milk samples and providing a service in the supply of resulting data and collecting, processing and publishing dairy management information, and for the purpose of paragraph (2) above disposal of the national milk records undertaking shall be taken to include discharging any liability falling within it as well as realising the value or otherwise disposing of any asset falling within it;
“the winding up purpose” means the purpose that–
the Board’s assets shall be got in and their value shall be realised so far as is required by the approved scheme;
where realisation of the value of any asset of the Board is not so required, it shall be–
realised for value,
disposed of by means other than realisation for value, or
applied towards discharging the Board’s liabilities and other functions under these Regulations;
the proceeds of assets the value of which is realised shall be applied in or towards discharging the Board’s liabilities and other functions under these Regulations;
while any particular asset of the Board remains unrealised, it shall be held and managed in a manner which is consistent with sub–paragraphs (a) and (b) above; and
the liablities of the Board so far as not discharged in pursuance of sub– paragraphs (b) and (c) above shall be otherwise discharged.
Members of the Board
5
1
The Board shall consist of not more than seven members whom the Minister shall appoint.
2
The Minister shall designate one of the members appointed under this regulation as chairman of the Board.
3
In appointing a person to be a member of the Board, the Minister shall have regard to the desirability of appointing–
a
persons who have experience of, and have shown capacity in, some matter relevant to the Board’s functions, and
b
(without prejudice to sub–paragraph (a) above) not more than three persons who are producers.
4
Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Minister appoints him, which shall include a condition that the member shall comply with the provisions of these Regulations binding on him and ensure in combination with the other members that the Board complies with the provisions of these Regulations binding on them.
5
Any appointment of a person as a Board member shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re–appointment.
6
A member of the Board may by notice to the Minister resign his office with effect from such time as is specified in the notice.
7
If the Minister is satisfied in relation to a member of the Board–
a
that that member has been absent without the written permission of the chairman of the Board from two consecutive meetings of the Board, or
b
that that member has been adjuged bankrupt, that his estate has been sequestrated or that he has made a composition or arrangement with, or granted a trust deed for, his creditors, or
c
that that member is unable or unfit to discharge the functions of a member, or
d
that that member has not complied with the terms of his appointment,
the Minister may by notice to him remove him from office with effect from such time as is specified in the notice.
8
The chairman of the Board may by notice delivered to the secretary of the Board appoint another person as his deputy (in this regulation referred to as “vice–chairman”) and paragraphs (9) to (13) below, as well as regulation 10(2) and those preserved provisions of the old marketing scheme which relate to the powers of a vice–chairman, shall apply to such appointment, to the revocation of such appointment and to the powers and responsibility of a vice–chairman.
9
A person may not be appointed as a vice–chairman unless he is a member of the Board.
10
The appointment of a vice–chairman ceases to have effect in either of the following circumstances–
a
where the chairman of the Board by notice delivered to the secretary of the Board revokes the appointment of the vice–chairman, or
b
where the person who appointed him has ceased to be a member under the provisions of this regulation or has ceased to be appointed to the office of chairman of the Board.
11
A vice–chairman shall be entitled (in so far as he would not otherwise be so entitled) to receive notice of all meetings of any committees of the Board of which the chairman of the Board is a member and in the absence of the chairman of the Board to attend such meetings.
12
When a vice–chairman attends any meeting of a committee of the Board pursuant to paragraph (11) above or any meeting of the Board from which the chairman of the Board is absent, the vice–chairman shall be entitled–
a
to exercise all the powers, rights, duties and authorities of the chairman of the Board, and
b
to have a separate vote for the chairman of the Board,
although he shall count as only one for the purpose of determining whether a quorum is present.
13
A person acting as vice–chairman shall–
a
alone be responsible to the Board for his own acts and defaults, and
b
not be deemed to be the agent of the chairman of the Board.
Official address of the Board
6
Paragraph 6(2) of the old marketing scheme is preserved and shall have effect as set out in Schedule 3.
General powers and staff
7
1
Paragraph 7 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
2
The Board may by power of attorney or otherwise–
a
appoint a person to be the agent of the Board, and
b
delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
3
The Board may–
a
pay such remuneration, pensions, allowances or gratuities to or in respect of any persons who have been or are their officers or employees as they may determine;
b
make such payments as they may so determine towards provision for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons; and
c
provide and maintain, or participate in, such schemes as they may so determine (whether contributory or not) for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons.
4
Any reference in paragraph (3) above to remuneration, pensions, allowances or gratuities to or in respect of such persons as are mentioned in that paragraph includes a reference to remuneration, pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s officers or employees who suffer loss of office or employment or loss or diminuition of emoluments.
5
If any person–
a
on ceasing to hold any office or employment with the Board, becomes or continues to be one of their members, and
b
was, by reference to his office or employment with the Board, a participant in a pension scheme maintained by the Board for the benefit of any of their officers or employees,
the Board may make provision for him to continue to participate in that scheme, on such terms and conditions as they may determine, as if his service as a member were service as an officer or employee of the Board; and any such provision shall be without prejudice to regulation 8 below.
Remuneration, allowances etc of members of the Board
8
1
Paragraph 8 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
2
The Board shall pay to the members of the Board such remuneration as may be determined–
a
as respects the period commencing on Vesting Day and ending on a relevant date, by the Minister, and
b
as respects any period thereafter (which shall also end on a relevant date), in accordance with the procedure specified in paragraph 78A of the old marketing scheme as inserted by these Regulations.
3
Subject to paragraph (2) above, the Board may–
a
pay such allowances or gratuities as they may determine to or in respect of any persons who have been or are their members;
b
make such payments as they may determine towards provision for payment of remuneration, allowances or gratuities to or in respect of any such persons; and
c
provide and maintain, or participate in, such schemes as they may so determine (whether contributory or not) for the payment of remuneration, allowances or gratuities to or in respect of such persons.
4
If, when a person ceases to be a member of the Board, the Board determine that there are special circumstances which make it appropriate that any member should receive compensation, the Board shall pay to him as compensation such amount, not exceeding a sum equal to the annual remuneration which that member last received, as they may determine.
5
Any compensation determined under paragraph (4) above shall be treated (as to disclosure) in the Board’s annual accounts in the same manner as the Board members' remuneration is so treated.
6
In this regulation “relevant date” means any day after 31st December 1995 on which a different remuneration for the members of the Board is determined in accordance with the procedure specified in paragraph 78A of the old marketing scheme as inserted by these Regulations.
Committees
9
Paragraph 20 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Proceedings of the Board
10
1
Subject to the provisions of these Regulations the Board may determine their own quorum and procedure and the quorum and procedure of any committee appointed by them.
2
In the case of an equality of votes at any meeting of the Board or of any committee appointed by them the person who is the chairman of that meeting (who shall be the chairman of the Board if present, or, in his absence, the vice–chairman unless absent) shall have a second or casting vote.
3
In the absence of the chairman and vice–chairman of the Board, the chairman of any meeting of any committee appointed by the Board shall be a member of that committee so designated by the chairman of the Board.
4
Paragraph 25 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Minutes
11
Paragraphs 26 and 27 of the old marketing scheme are preserved and shall have effect as set out in Schedule 3.
The seal
12
Paragraph 28 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Contracts
13
1
Paragraph 29 of the old marketing scheme is preserved and shall have effect as set out in Schedule 3.
2
Paragraph 30 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
PART III
REGISTER OF PRODUCERS
Maintenance of register
14
1
The Board shall compile and thereafter maintain a register (in these Regulations referred to as “the register”) of the entry of every person who they have reasonable grounds to believe is an eligible producer or an end year producer, Part I of which shall consist of entries of eligible producers and Part II of which shall consist of entries of end year producers.
2
Any person whose entry does not appear in the register shall be entitled, on application to the Board and on demonstrating to their reasonable satisfaction that he is an eligible producer or an end year producer (as the case may be), to have his entry placed on Part I or Part II (as the case may be) of the register.
3
It shall be the duty of every registered producer to notify the Board of any changes to his registered entry.
4
The Board shall be entitled to assume that information provided to them for the purpose of paragraph (2) or (3) above is correct.
5
Subject to paragraph (6) below, the entries of end year producers to whom the Board have made the final payments (as that expression is used in Schedule 4) may be removed from Part II of the register at any time after the Board have become satisfied that no further sums are or may become due to them from the Board.
6
No entry of any end year producer shall be removed from Part II of the register while moneys remain standing to the credit of the B Reserve Fund.
7
The Board may arrange for the register to be maintained on their behalf by a third party.
8
In these Regulations “entry” means name and address.
Inspection of register
15
Paragraph 39 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Partnerships
16
Paragraph 41(1) of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Death etc of producers
17
1
Paragraph 41(2) of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
2
After paragraph 41(2) of the old marketing scheme there shall be inserted new sub–paragraphs (3) and (4), which shall have effect as set out in Schedule 3.
PART IV
FINANCIAL PROVISIONS
Reserve funds
18
1
The Board shall maintain a special reserve fund (in these Regulations referred to as “the B Reserve Fund”) in accordance with the provisions of the approved scheme to which effect is given in Schedule 4.
2
The Board shall maintain a general reserve fund (in these Regulations referred to as “the general fund”), which shall include, for as long as it subsists, the Residuary Body Reserve. Unless otherwise required in accordance with paragraph (1) above, all moneys received by the Board shall be paid into the general fund and any moneys required by the Board for the discharge of their functions shall be paid out of that fund.
3
Any moneys for the time being standing to the credit of the general fund may be left in any bank or building society account or, if not for the time being required for the purposes of the functions of the Board, may be invested in such manner as they see fit.
4
If prior to finalisation of the special accounts mentioned in paragraph 53(1B) of the old marketing scheme (as preserved) the condition specified in paragraph (5) below applies, the Board shall withdraw the surplus funding from the Residuary Body Reserve and in determining the price which shall by payable under regulation 21(1)(e) shall include the surplus funding as an additional payment due to the end year producers.
5
The condition mentioned in paragraph (4) above is that the Board is satisfied that the withdrawal is called for by the approved scheme.
6
In this regulation–
“the Residuary Body Reserve” means the retained reserve established by the Board prior to Vesting Day for the purposes set out in the approved scheme;
“the surplus funding” means the amount which the Board consider falls to be withdrawn from the Residuary Body Reserve in accordance with the approved scheme.
Borrowing
19
Paragraph 52 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Administration, accounts and separation of commercial activities
20
1
Paragraphs 8A and 52A of the old marketing scheme are preserved and shall have effect as set out in Schedule 3.
2
Paragraph 53 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
3
Paragraph 59A of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
4
After paragraph 59A of the old marketing scheme there shall be inserted paragraph 59B, which shall have effect as set out in Schedule 3.
PART V
FUNCTIONS OF THE BOARD
Functions
21
1
The functions mentioned in regulation 4(1)(b) are–
a
collecting sums owed in payment for milk supplied by the Board in the final trading period and sums owed in respect of other debts as are due, or shall fall due, to the Board;
b
collecting–
i
contributions which in respect of milk sold before Vesting Day became payable pursuant to paragraph 71(1) or (4A) of the old marketing scheme;
ii
contributions which in respect of milk sold before Vesting Day became payable pursuant to any agreement entered into under paragraph 56A(1)(i) of the old marketing scheme;
iii
penalties which before Vesting Day became recoverable by the Board pursuant to paragraph 77(6) of the old marketing scheme;
iv
contributions which become recoverable pursuant to the preserved provisions of the old marketing scheme to which reference is made in regulation 25;
v
any sum which before Vesting Day became recoverable under section 10 of the 1958 Act;
vi
any other sums which are recoverable by the Board;
c
realising or otherwise disposing of their assets (other than the Dairy Crest shares and the whole or any part of the business of Dairy Crest Limited);
d
holding and disposing of the Dairy Crest shares or the whole or any part of the business of Dairy Crest Limited as permitted in Schedule 5;
e
in accordance with regulation 18(4), paragraphs (2) to (5) below and Schedule 4, making payments to end year producers and other relevant producers for milk supplied by them to the Board;
f
discharging the Board’s other liabilities as they fall due;
g
making or procuring to be made interim distributions (in these Regulations referred to as “interim distributions”) of relevant assets to registered eligible producers, in accordance with their distribution entitlements, in the circumstan– ces specified in paragraph (7) below;
h
collecting contributions from eligible producers in the exercise of any power conferred on the Board by order made under section 17(2) of the Act.
2
The Board shall have the power–
a
to determine a price payable by the Board as the price of milk supplied by end year producers to them in the month immediately before Vesting Day (in this regulation referred to as “an October price”);
b
to determine any supplemental price payable by the Board by way of additional payment for milk supplied by end year producers to them in the final trading period (in this regulation referred to as “a supplemental price”); and
c
to determine the level of any contribution to which paragraph (1)(b)(i) refers and, to the extent consistent with any agreement to which paragraph (1)(b)(ii) above refers, of any contribution under that agreement;
and the board shall take such action as they consider expedient for the purpose of bringing an October price or any supplemental price or any payment they have determined under regulation 18(4) or any such contribution level to the notice of registered end year producers.
3
In determining an October price or any supplemental price or any payment under regulation 18(4) the Board–
a
shall have regard to the provisions of Schedule 4, and
b
may determine different prices for different classes of producers or classes of sale or description of milk,
and in determining the level of contribution payable pursuant to paragraph 71(1) of the old marketing scheme the Board may determine different contribution levels for different descriptions of milk.
4
The Board shall have the power to determine that the date on which any amount falling to be paid by the Board to relevant producers shall become due for payment shall be such date as is specified in the determination, but this power does not extend to determination of a date earlier than has before Vesting Day been determined by the Board as the date on which that amount shall become due for payment, and where a date has been determined under this paragraph the Board shall take such action as they consider expedient for the purpose of bringing it to the notice of those producers.
5
Any determination by the Board of an October price, a supplemental price, the level of any contribution to which paragraph (1)(b)(i) above refers or any payment under regulation 18(4) or of any date under paragraph (4) above shall have effect as if it were a prescriptive resolution of the Board under paragraph 60, 64 or 71 of the old marketing scheme and as if those paragraphs, prescriptive resolution no. 1595 of the Board and prescriptive resolutions of the Board prescribing prices under that resolution (to the extent such resolutions were in effect immediately before Vesting Day) had been preserved, and for this purpose and for the purposes of paragraphs (2) to (4) above “determination” includes an amendment of a previous determination (including one made before Vesting Day).
6
In connection with the discharging of the Board’s liabilities as they fall due–
a
the Board shall have the power if they deem it necessary or expedient to remit the whole or any part of their liabilities by way of composition or arrangement with their creditors;
b
all expenses properly incurred in discharging their liabilities and functions (including any fees payable to any person whom the Board may appoint as their agent) shall be payable out of the Board’s assets in priority to all other claims;
c
subject to sub–paragraph (b) above and the provisions of the 1986 Act as to preferential payments the Board’s assets shall be applied in satisfaction of their liabilities.
7
The circumstances mentioned in paragraph (1)(g) above are that, subject to regulation 18(4) and paragraph 2(3) of Schedule 4, the Board may make interim distributions if in their judgement it is financially prudent to do so.
8
In these Regulations–
a
“collecting” includes recovery in any proceedings or arbitration to which the Board is or becomes a party;
b
“relevant assets” means any assets forming part of the relevant asset total.
Prohibition on buying and selling milk etc
22
Nothing in these Regulations shall be construed as authorising the Board to carry out functions prohibited by paragraph 16 of Schedule 1 to the Act from inclusion within a qualifying scheme (as that expression is used in paragraph 1 of that Schedule).
Assessment of sales
23
1
Paragraph 71(2) of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
2
Paragraph 71(5) of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Information
24
Paragraph 75 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Contraventions of the old marketing scheme
25
Paragraph 77 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
PART VI
MEETINGS OF REGISTERED PRODUCERS
Meetings
26
1
Paragraph 78 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
2
After paragraph 78 of the old marketing scheme there shall be inserted a new paragraph 78A, which shall have effect as set out in Schedule 3.
3
Paragraph 79 of the old marketing scheme is preserved and shall have effect as set out in Schedule 3.
4
Paragraph 80 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
5
After paragraph 80 of the old marketing scheme there shall be inserted a new paragraph 80A, which shall have effect as set out in Schedule 3.
6
Paragraph 81 of the old marketing scheme is preserved and shall have effect as set out in Schedule 3.
7
After paragraph 81 of the old marketing scheme there shall be inserted a new paragraph 81A, which shall have effect as set out in Schedule 3.
8
Paragraph 82 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
9
Paragraph 83 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
10
Paragraph 84 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
11
Paragraphs 85, 87 and 88 of the old marketing scheme are preserved and shall have effect as set out in Schedule 3.
PART VII
FINAL LIQUIDATION OF THE BOARD
Completion of winding up and distribution of surplus
27
1
The completion of the winding up of the affairs of the Board (in these Regulations referred to as “the final liquidation of the Board”) shall be conducted in accordance with either of the two methods specified in paragraph (2) below.
2
The methods mentioned in paragraph (1) above are–
a
a voluntary solvent liquidation under regulation 28;
b
a liquidation on application to the court under the 1986 Act in accordance with the amended provisions of the old marketing scheme to which reference is made in regulation 29.
3
Any surplus assets of the Board remaining on the final liquidation shall be distributed by way of distributions (in these Regulations referred to as “final distributions”) among registered eligible producers, pari passu and in accordance with their distribution entitlements.
Voluntary solvent liquidation
28
1
This regulation applies where–
a
all moneys standing to the credit of the B Reserve Fund have been withdrawn from it and the Board have made the final payments (as that expression is used in Schedule 4) to the end year producers,
b
the Board are satisfied that–
i
their assets have been got in and realised or otherwised disposed of, and
ii
their liabilities and other functions under these Regulations (other than those specified in this Part) have been discharged, and
c
there is a surplus in the general fund.
2
Where the circumstances mentioned in paragraph (1) above apply the Board may make the final distributions.
3
As soon as the Board have made the final distributions under paragraph (2) above, they shall make up an account showing–
a
how their assets have been got in and realised, and
b
how the Board’s assets have been disposed of,
and shall thereupon call a general meeting of registered eligible producers for the purpose of laying before it the account and giving an explanation of it.
4
The provisions of Part VII of the old marketing scheme as set out in Schedule 3 shall apply to the advertisement and conduct of such meeting, subject to the further requirement that in addition to publishing notice of the meeting under paragraph 80 of the old marketing scheme as so set out the Board shall give notice of it in the London Gazette.
5
Within one week after the meeting, the Board shall send to the Minister a copy of the account and shall make a return to him of the holding of the meeting and of its date.
6
The voluntary solvent liquidation of the Board under this regulation does not bar the right of any creditor or registered eligible producer (being a contributory for the purposes of section 124 of the 1986 Act) to have the Board wound up by the court under the 1986 Act in accordance with the amended provisions of the old marketing scheme to which reference is made in regulation 29; but in the case of an application by a registered eligible producer the court must be satisfied that the rights of registered eligible producers will be prejudiced by a voluntary liquidation by the Board under this regulation.
Liquidation on application to court under the 1986 Act
29
1
Paragraphs 91 and 92 of the old marketing scheme (which by virtue of section 13 of the Act but subject to these Regulations continue in force notwithstanding the revocation of the marketing scheme on Vesting Day) shall be amended and shall have effect as set out in Schedule 3.
2
After paragraph 91 of the old marketing scheme, there shall be inserted new paragraphs 91A and 91B, which shall have effect as set out in Schedule 3.
PART VIII
MISCELLANEOUS
Arbitration
30
Paragraph 93 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Service of documents
31
Paragraph 94 of the old marketing scheme is preserved, subject to modifications, and shall have effect as set out in Schedule 3.
Cows which are in the possession of a producer
32
Paragraph 95 of the old marketing scheme is preserved.
Prescriptive resolutions
33
The Board shall continue to maintain the record of prescriptive resolutions which they were required to keep under paragraph 96 of the old marketing scheme and any person shall be entitled, on payment of the cost of postage and such fee not exceeding one pound as the Board may determine, to be supplied with a copy of any item in such record.
Indemnity
34
1
Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Board from and against–
a
any action, cost, charge, loss, damage and expense which he may incur, and
b
any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, concurred in or omitted in or about the execution of his duty in relation to the affairs of the Board.
2
Paragraph (1) above shall not apply where any such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest act or omission, wilful default or wilful neglect on the part of such member, officer or auditor.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
27th October 1994