text:
1
This Order may be cited as the Value Added Tax (Protected Buildings) Order 1995 and shall come into force on the 1st March 1995.
2
For Group 6 of Schedule 8 of the Value Added Tax Act 1994 there shall be substituted —
GROUP 6
— PROTECTED BUILDINGS
Item No.
1
The first grant by a person substantially reconstructing a protected building, of a major interest in, or in any part of, the building or its site.
2
The supply, in the course of an approved alteration of a protected building, of any services other than the services of an architect, surveyor or any person acting as consultant or in a supervisory capacity.
3
The supply of building materials to a person to whom the supplier is supplying services within item 2 of this Group which include the incorporation of the materials into the building (or its site) in question.
Notes:
1
“Protected building” means a building which is designed to remain as or become a dwelling or number of dwellings (as defined in Note (2) below) or is intended for use solely for a relevant residential purpose or a relevant charitable purpose after the reconstruction or alteration and which, in either case, is —
a
a listed building within the meaning of —
i
the Planning (Listed Buildings and Conservation Areas) Act 1990 ; or
ii
the Town and Country Planning (Scotland) Act 1972 ; or
iii
the Planning (Northern Ireland) Order 1991 ; or
b
a scheduled monument, within the meaning of —
i
the Ancient Monuments and Archaeological Areas Act 1979 ; or
ii
the Historic Monuments Act (Northern Ireland) 1971 .
2
A building is designed to remain as or become a dwelling or number of dwellings where in relation to each dwelling the following conditions are satisfied —
a
the dwelling consists of self-contained living accommodation;
b
there is no provision for direct internal access from the dwelling to any other dwelling or part of a dwelling;
c
the separate use, or disposal of the dwelling is not prohibited by the terms of any convenants, statutory planning consent or similar provision,
and includes a garage (occupied together with a dwelling) either constructed at the same time as the building or where the building has been sustantially reconstructed at the same time as that reconstruction.
3
Notes (1), (4), (6), (12) to (14) and (22) to (24) of Group 5 apply in relation to this Group as they apply in relation to that Group but subject to any appropriate modifications.
4
For the purposes of item 1, a protected building shall not be regarded as substantially reconstructed unless the reconstruction is such that at least one of the following conditions is fulfilled when the reconstruction is completed —
a
that, of the works carried out to effect the reconstruction, at least three-fifths, measured by reference to cost, are of such a nature that the supply of services (other than excluded services), materials and other items to carry out the works, would, if supplied by a taxable person, be within either item 2 or item 3 of this Group; and
b
that the reconstructed building incorporates no more of the original building (that is to say, the building as it was before the reconstruction began) than the external walls, together with other external features of architectural or historic interest;
and in paragraph (a) above “excluded services” means the services of an architect, surveyor or other person acting as consultant or in a supervisory capacity.
5
Where part of a protected building that is substantially reconstructed is designed to remain as or become a dwelling or a number of dwellings or is intended for use solely for a relevant residential or relevant charitable purpose (and part is not) —
a
a grant or other supply relating only to the part so designed or intended for such use (or its site) shall be treateed as relating to a building so designed or intended for such use;
b
a grant or other supply relating only to the part neither so designed nor intended for such use (or its site) shall not be so treated; and
c
in the case of any other grant or other supply relating to, or to any part of, the building (or its site), an apportionment shall be made to determine the extent to which it is to be so treated.
6
“Approved alteration” means —
a
in the case of a protected building which is an ecclesiastical building to which section 60 of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies, any works of alteration; and
b
in the case of a protected building which is a scheduled monument within the meaning of the Historic Monuments Act (Northern Ireland) 1971 and in respect of which a protection order, within the meaning of that Act, is in force, works of alteration for which consent has been given under section 10 of that Act; and
c
in any other case, works of alteration which may not, or but for the existence of a Crown interest or Duchy interest could not, be carried out unless authorised under, or under any provision of —
i
Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990,
ii
Part IV of the Town and Country Planning (Scotland) Act 1972,
iii
Part V of the Planning (Northern Ireland) Order 1991,
iv
Part I of the Ancient Monuments and Archaeological Areas Act 1979,
and for which, except in the case of a Crown interest or Duchy interest, consent has been obtained under any provision of that Part,
but does not include any works of repair or maintenance, or any incidental alteration to the fabric of a building which results from the carrying out of repairs, or maintenance work.
7
For the purposes of paragraph (a) of Note (6), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.
8
For the purposes of paragraph (c) of Note (6) “Crown interest” and “Duchy interest” have the same meaning as in section 50 of the Ancient Monuments and Archaeological Areas Act 1979.
9
Where a service is supplied in part in relation to an approved alteration of a building, and in part for other purposes, an apportionment may be made to determine the extent to which the supply is to be treated as falling within item 2.
10
For the purposes of item 2 the construction of a building separate from, but in the curtilage of, a protected building does not constitute an alteration of the protected building.
11
Item 2 does not include the supply of services described in paragraph 1(1) or 5(4) of Schedule 4.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1995


type: legislation

jurisdiction: UK

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


text:
Commencement and citation
1
This Order may be cited as the A20 Trunk Road (Greenwich) Red Route (Clearway) Traffic Order 1995, and shall come into force on 10th November 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980;
c
causing includes permitting;
d
“disabled person”, “disabled persons badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule l;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of The Traffic Signs Regulations and General Directions 1994.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle, or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 1995 and shall come into force on 6th April 1995.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years shall be 2.2 per cent.
Signed by authority of the Secretary of State for Social Security
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod and Whiting (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 21st December 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for:
i
cod ( Gadus morrhua ) in sea area ICES Statistical Division VIIa; or
ii
whiting ( Merlangius merlangus ) in sea areas ICES Statistical Sub-Areas IV , VI , XII and XIV and ICES Statistical Divisions IIa and Vb
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1996.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitiate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limit, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State,Ministry of Agriculture, Fisheries and Food
15th December 1995
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
18th December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
19th December 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland
19th December 1995


text:
Citation and commencement
1
This Order may be cited as the Wolverley National Health Service Trust Dissolution Order 1995 and shall come into force on 1st April 1995.
Dissolution of NHS trust
2
The Wolverley National Health Service Trust established by the Wolverley National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
20th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1995 and shall come into force at 20.00 hours on 26th June 1995.
2
In this Order “mussels” means Mytilus Edulis , “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis , “razor clams” means Ensis s.p.p. and “relevant time” means one minute past midnight on 26th June 1995.
Designated circumstances
2
In the opinion of the Secretary of State, mussels, scallops and razor clams in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any mussels, scallops or razor clams in the designated area.
Prohibited movement of mussels, scallops or razor clams
5
No person shall move any mussels, scallops or razor clams out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any mussels, scallops or razor clams taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any mussels, scallops or razor clams which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any mussels, scallops or razor clams which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
A J Mathieson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
26th June 1995


text:
Citation and commencement
1
This Order may be cited as the Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1995 and shall come into force on 21st April 1995.
Interpretation
In this Order —
“the 1993 Act ” means the Education Act 1993;
“ ACAC ” means Awdurdod Cwricwlwm Ac Asesu Cymru or the Curriculum and Assessment Authority for Wales ;
“ the Authority ” means the School Curriculum and Assessment Authority ;
references to the fourth key stage shall be construed in accordance with section 3(3) to (6) of the Education Reform Act 1988 .
Transfer of functions
3
There are hereby transferred to ACAC, in relation to Wales, all the Authority’s functions under subsection (1) of section 245 of the 1993 Act as are exercisable in relation to both England and Wales insofar as those functions relate to the examination and assessment of pupils in the fourth key stage or above in subjects other than Welsh.
Supplementary, incidental and consequential provisions — transfer of staff
4
1
This article applies in relation to the Authority’s employee Robin Bateman if he is employed under a contract of employment with the Authority immediately before the coming into force of this Order.
2
That contract of employment shall have effect as if originally made between Robin Bateman and ACAC.
3
Without prejudice to paragraph (2), all the Authority’s rights, powers, duties and liabilities under or in connection with that contract of employment shall by virtue of that paragraph be transferred to ACAC on the day on which this order comes into force and anything done before that day by or in relation to the Authority in respect of that contract or Robin Bateman shall be deemed from that day to have been done by or in relation to ACAC.
4
Paragraphs (2) and (3) above are without prejudice to any right of Robin Bateman to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by paragraph (2) above.
John Redwood
Secretary of State for Wales
22nd March 1995


text:
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1995 and shall come into force on 1st June 1995.
2
Regulation 4 of The Education (Fees and Awards) Regulations 1994 is amended —
a
in paragraphs (1) and (2) by omitting the words “full-time or sandwich” in both places where they occur, and
b
in paragraph (3) by omitting the definitions of “full-time course” and “sandwich course”.
3
The above amendments shall not apply as respects the charging of relevant fees in respect of students attending a course which begins before 1st September 1995.
Gillian Shephard
Secretary of State for Education
3rd May 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Changes for England (Designation of Authorities) Order 1995 and shall come into force on 1st December 1995.
Designated authorities: transfer of property etc.
2
In relation to a local authority named in column (1) of the following Table which is to be wound up and dissolved on 1st April 1996 the corresponding local authority named in column (2) of the Table is specified as the designated authority for the purposes of regulation 6(8) and Part III of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 —
TABLE
(1) (2) Abolished authority Designated authority
Avon County Counci Bristol City Council Cleveland County Council Middlesbrough Borough Council Humberside County Council East Riding of Yorkshire District Council Boothferry Borough Council East Riding of Yorkshire District Council
Designated authorities: finance
3
In the Humberside (Structural Change) Order 1995, for article 15 (designated authority) substitute —
The council of the district of the East Riding of Yorkshire is specified as the designated authority in relation to the County Council and the Boothferry Borough Council for the purposes of the Local Government Changes for England (Finance) Regulations 1994 .
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
9th November 1995


text:
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (No. 3) Order 1995 and shall come into force on 10th April 1995.
2
Subject to article 3 of this Order, the revised codes of practice laid in draft before Parliament on 30th January 1995 in connection with the matters referred to in section 60(1)(a) and section 66 of the Police and Criminal Evidence Act 1984 shall come into operation on 10th April 1995.
3
1
The revised code of practice for the exercise by police officers of statutory powers of stop and search shall apply to any search by a police officer which commences after midnight on 9th April 1995, notwithstanding that the person or vehicle in question may be been detained by him in that behalf before that time.
2
The revised code of practice for the searching of premises by police officers and the seizure of property found by police officers on persons or premises shall apply —
a
to any application for a warrant to search premises made after 9th April 1995, and
b
to any search of premises or seizure of property taking place after midnight on 9th April 1995, notwithstanding that the search or seizure in question may have taken place in pursuance of a warrant granted or applied for before that time.
3
The revised code of practice for the detention, treatment and questioning of persons by police officers sahll apply to persons in police detention after midnight on 9th April 1995, notwithstanding that their period of detention may have commenced before that time.
4
The revised code of practice for the identification of persons by police officers shall apply to any procedures to which the code relates which are carried out after midnight on 9th April 1995.
5
The revised code of practice for the tape recording of interviews of persons suspected of the commission of criminal offences which are held by pollice officers at police stations shall apply to any procedures to which the code relates which are carried out after midnight on 9th April 1995, notwithstanding that such a procedure may have commenced before that time.
4
The Police and Criminal Evidence Act 1984 (Codes of Practice) (No. 2) Order 1990 and the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 1988 are hereby revoked.
Home Office
Mishael Howard
One of Her Majesty’s Principal Secretaries of State
27th January 1995


text:
Citation and commencement
1
This Order may be cited as the Shetland Islands Council (West Burrafirth) Harbour Revision Order 1995 and shall come into force on 8th September 1995.
Application of Zetland County Council Act 1974 to additional area
2
Schedule 1 to the Zetland County Council Act 1974 is amended by adding at the end of Part II the following area: —
WEST BURRAFIRTH AREA
The tidal waters of West Burrafirth inlet on St. Magnus Bay, the seaward boundary whereof is a straight line in a north-easterly direction from low water mark on the most northerly point on Snarra Ness (latitude 60°18'07"N, longitude 01°34'27"W) to low water mark on the most northerly point on the Head of Onibery (latitude 60°18'23"N, longitude 1°32'54"W).
.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th September 1995


text:
Title and commencement
1
These Regulations may be cited as the Bovine Offal (Prohibition) (England, Wales and Scotland) (Revocation) Regulations 1995 and shall come into force on 15th August 1995.
Revocations
2
The Regulations specified in columns 1 and 2 of the Schedule to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.
Amendment
3
After the definition of “scientific purposes” in regulation 2(1) of the Animal By-Products (Identification) Regulations 1995 there shall be inserted the following —
“specified bovine offal” means —
the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption,
and includes anything left attached to such organ after dissection of the carcase and any animal matter which comes into contact with the organ after it has been removed from the carcase, but does not include a whole carcase;.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th July 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
21st July 1995
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
20th July 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th July 1995


text:
1
These Regulations may be cited as the Income Tax (Sub–contractors in the Construction Industry) (Amendment) Regulations 1995 and shall come into force on 6th April 1995.
2
In regulation 9(2) of the Income Tax (Sub–contractors in the Construction Industry) Regulations 1993 for “£450” there shall be substituted “£600”.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
31st January 1995


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) (1992–93 to 1996–97) Regulations 1995 and shall come into force on 9th March 1995.
2
Except as otherwise provided these Regulations shall have effect for the years of assessment 1992–93 to 1996–97.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Board ” means the Commissioners of Inland Revenue;
“ Management Act ” means the Taxes Management Act 1970 (c);
“Schedule 19” means Schedule 19 to the Finance Act 1993;
“syndicate gains” means the chargeable gains accruing to a member on the disposal of assets forming part of a premiums trust fund;
“the Management Act and a) the Tax Acts, and b) the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax">Taxes Acts ” means the Management Act and
the Tax Acts, and
the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax.
2
For the purposes of these Regulations an underwriting year and a year of assessment shall be deemed to correspond to each other if the underwriting year ends in the year of assessment.
Members' agents
3
1
For the purposes of Part II of Schedule 19 and of these Regulations, if the person who is acting as a members' agent in respect of an underwriting year corresponding to a year of assessment (in this regulation referred to as “the original year of assessment”) is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as “the original agent”), then “members' agent” has the meaning given by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2) below.
2
If the original agent ceases to act —
a
before the beginning of the year of assessment next but two following the original year of assessment, then “members' agent” means —
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment next but one following the original year of assessment, then “member’s agent” means such person as the Board may determine having regard to all the circumstances.
3
This regulation shall have effect for the years of assessment 1992–93 and 1993–94 only.
Assessment and collection: general
4
The like provisions as are contained in the Management Act and a) the Tax Acts, and b) the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax">Taxes Acts relating to the assessment and collection of tax shall have effect in relation to income tax charged in accordance with section 171 of the Finance Act 1993 , but subject to regulations 6 to 12, 14 and 15 below and regulations 5 to 8 of the Lloyd’s Underwriters (Tax) Regulations 1995 .
5
1
The like provisions as are contained in the Management Act and a) the Tax Acts, and b) the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax">Taxes Acts relating to the assessment and collection of tax shall have effect in relation to capital gains tax charged in accordance with section 207 of the Taxation of Chargeable Gains Act 1992 but subject to regulations 6 to 12 and 14 below and regulations 5 to 8 of the Lloyd’s Underwriters (Tax) Regulations 1995.
2
This regulation shall have effect for the years of assessment 1992–93 and 1993–94 only.
Extension of time limits for making certain assessments
6
1
The like provisions as are specified in paragraph (2) below shall have effect in relation to the assessment of tax as if the modifications specified in that paragraph had been made.
2
In the Management Act —
a
in subsection (1) of sections 34 and 36 , for the words “the chargeable period to which the assessment relates” there shall be substituted the words “the year of assessment 1994–95”;
b
in subsections (1) and (2) of section 40 , for the words from “the third year next following” to the end of each subsection there shall be substituted the words “the year of assessment 1997–98”.
3
This regulation shall have effect for the year of assessment 1992–93 only.
7
1
The like provisions as are specified in paragraph (2) shall have effect in relation to the assessment of tax as if the modifications specified in that paragraph had been made.
2
In the Management Act —
a
in subsection (1) of sections 34 and 36, for the words “the chargeable period to which the assessment relates” there shall be substituted the words “the year of assessment 1995–96”;
b
in subsections (1) and (2) of section 40, for the words from “the third year next following” to the end of each subsection there shall be substituted the words “the year of assessment 1998–99”.
3
This regulation shall have effect for the years of assessment 1993–94 and 1994–95 only.
Date for payment
8
1
Subject to paragraph (2) below —
a
tax charged by an assessment on the profits arising to a member from his underwriting business shall be payable on or before 31st January 1997, and
b
tax charged by an assessment on syndicate gains shall be payable on or before 1st January 1996.
2
Tax charged by an assessment made less than 30 days before, or made after, the date specified in sub-paragraph (a) or (b) of paragraph (1) above shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
3
This regulation shall have effect for the year of assessment 1992–93 only.
9
1
Subject to paragraph (2) below —
a
tax charged by an assessment on the profits arising to a member from his underwriting business shall be payable on or before 31st January 1998, and
b
tax charged by an assessment on syndicate gains shall be payable on or before 1st January 1997.
2
Tax charged by an assessment made less than 30 days before, or made after, the date specified in sub-paragraph (a) or (b) of paragraph (1) above shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
3
This regulation shall have effect for the year of assessment 1993–94 only.
10
1
Subject to paragraph (2) below, tax charged by an assessment on the profits of a member’s underwriting business shall be payable on or before 31st January 1998.
2
Tax charged by an assessment made less than 30 days before, or made after, 31st January 1998 shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
3
This regulation shall have effect for the years of assessment 1994–95 to 1996–97 only.
Reasonable excuse
11
1
For the purposes of paragraph 10 of Schedule 19 , a members' agent shall be deemed not to have failed to deliver a return of the member’s profit within the time specified in sub-paragraph (5) of that paragraph if he delivered it within such further time, if any, as the inspector may have allowed.
2
Where a members' agent had a reasonable excuse for not delivering the return of the member’s profit, he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
3
This regulation shall have effect for the years of assessment 1992–93 and 1993–94 only.
Error or mistake
12
1
If a members' agent alleges that a statement of the amount of tax payable in the case of a member’s profit under paragraph 10(1)(c) of Schedule 19 was excessive because of some error or mistake in a return made by him under paragraph 10(1) of that Schedule, he may by notice in writing at any time not later than six years after the end of the closing year relating to the year of assessment make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter and having regard to all the relevant circumstances of the case, but subject to paragraph (3) below, give by way of repayment or otherwise such relief in respect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of an error or mistake as to the basis on which a syndicate profit or loss, or as the case may be a member’s profit, ought to have been computed where the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return was made.
4
An appeal may be brought against the decision of the Board on the claim by giving written notice to the Board within 30 days of receipt of written notice of that decision, and the Special Commissioners shall hear and determine the appeal in accordance with the principles to be followed by the Board in determining claims under this regulation; and either the appellant or the Board shall be entitled to appeal against the determination of the Special Commissioners under the like provisions as are contained in section 56A of the Management Act but only on a point of law arising in connection with the computation of the amount of tax payable in the case of the member’s profit.
5
In this regulation “return” includes the documents referred to in paragraphs (a) and (b) of paragraph 10(1) of Schedule 19.
6
This regulation shall have effect for the years of assessment 1992–93 and 1993–94 only.
Running-off syndicates
13
1
Where for an underwriting year corresponding to a year of assessment (in this regulation called “the basis year”) the accounts of a syndicate remain open beyond the end of the closing year, any profits or losses of a member’s underwriting business which arise —
a
directly from his membership of that syndicate, or from assets forming part of a premiums trust fund of that syndicate, and
b
in an underwriting year corresponding to a year of assessment after the closing year,
shall be deemed, for the purposes of section 171 of the Finance Act 1993 and all other purposes of the Income Tax Acts and subject to paragraph (2) below, to be referable or, as the case may be, to be allocated to the last underwriting year but one preceding the year in which they arise, and not to the basis year.
2
Where in a case to which paragraph (1) above applies the member dies and the underwriting year corresponding to the year of assessment in which he died is earlier than the underwriting year to which the profits or losses of his underwriting business referred to in that paragraph are deemed to be referable or allocated by virtue of that paragraph, the profits or losses in question shall be deemed, for the purposes of section 171 of the Finance Act 1993 and all other purposes of the Income Tax Acts, to be referable or allocated to the underwriting year corresponding to the year of assessment in which he died.
3
This regulation shall have effect in relation to profits or losses of a member’s underwriting business arising in the underwriting year 1994 or 1995.
Extension of time limits – member and spouse
14
1
Where a claim or application or election falls to be made by a member or his spouse (or both) under a provision specified in the first column of the Schedule to these Regulations, that provision shall have effect as if it imposed the extended time limit specified in the second column of that Schedule.
2
This regulation shall have effect for the years of assessment 1992–93 and 1993–94 only.
15
1
Where a claim or application or election falls to be made by a member or his spouse (or both) under a provision specified in the first column of the Schedule to these Regulations, that provision shall have effect as if it imposed an extended time limit which is one year less than the extended time limit specified in the second column of that Schedule.
2
This regulation shall have effect for the year of assessment 1994–95 only.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
15th February 1995


text:
1
This Order may be cited as the Northern Ireland (Remission of Sentences) Act 1995 (Commencement) Order 1995.
2
The Northern Ireland (Remission of Sentences) Act 1995 shall come into force on 17th November 1995.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
10th November 1995


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 1995 and shall come into force on 12th January 1996.
Designation of Minister
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Minister specified in column (1) of the Schedule to this Order is hereby designated in relation to the matters specified in column (2) of that Schedule.
2
The Minister designated in relation to the item in column (2) of the said Schedule is, for the purposes of the said section 2(2), also hereby designated in relation to anything supplemental or related to the matters specified in that item.
Revocation of earlier designations
3
The designation of the Secretary of State in respect of measures relating to training in medical practice, the issue and/or recognition of diplomas or certificates or other evidence of qualifications in relation to medical practice, the titles used by those in medical practice, and the exercise of medical practice, in the European Communities (Designation) (No. 4) Order 1994 , and the designation of any Northern Ireland department in respect of the conditions of, and the recognition of qualifications for, access to and pursuit of activities in the field of pharmacy, in the European Communities (Designation) Order 1987 , are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1995 Revocation Order 1995 and shall come into force at 16.00 hours on 1st August 1995.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1995 is revoked.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
1st August 1995


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1995 and shall come into force on 10th April 1995.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in sub–paragraph (4)(a) for the amount of £120 there shall be substituted the amount of £125; and
b
in sub–paragraph (4)(b) for the amount of £120 there shall be substituted the amount of £125.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
7th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 and shall come into force on 20th November 1995.
2
In this Order, “the Authority” means the National Health Service Litigation Authority established by this Order.
Establishment of the National Health Service Litigation Authority
2
There is hereby established a Special Health Authority which shall be known as the National Health Service Litigation Authority.
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform on behalf of the Secretary of State such of his functions in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 (scheme for meeting liabilities of health service bodies), and such other functions, as the Secretary of State may direct the Authority to perform on his behalf.
Constitution of the Authority
4
The Authority shall consist of —
a
a chairman;
b
three members who are not officers of the Authority; and
c
three other members, being the persons who for the time being hold the offices of Chief Officer, Chief Finance Officer and Clinical Director of the Authority.
Remuneration of members
5
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).
Signed by authority of the Secretary of State for Health
Gerald Malone
Department of Health
27th October 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Breckland District Council) Order 1995 and shall come into force on 1st January 1996.
Exemption of management of sports and leisure facilities
2
The managing of sports and leisure facilities by Breckland District Council shall not be treated as a defined activity so long as it is undertaken at the Breckland Leisure Centre, Croxton Road, Thetford between 1st January 1996 and 30th September 1996.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
3rd April 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 and shall come into force for the purposes of articles 3, 6 to 9, 11, 13(1), (3) and (4) and 15 to 18 on the day after the day on which it is made and for all other purposes on 1st April 1996.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“existing”, in relation to an area or an authority, means that area or authority as it exists on the date this Order is made;
“North Yorkshire” means the non-metropolitan county of North Yorkshire and “the County Council” means the council of that county;
“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1996; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
PART II
THE NEW DISTRICT AND COUNTY OF YORK
Constitution of new district of York
3
A new district of York shall be constituted and shall comprise the existing local government areas shown in column (2) of the following Table —
TABLE
(1) (2)
The city of York The borough of Harrogate The parishes of Hessay, Nether Poppleton, Rufforth and Upper Poppleton The district of Ryedale The parishes of Clifton Without, Earswick, Haxby, Heworth Without, Holtby, Huntington, Murton, New Earswick, Osbaldwick, Rawcliffe, Skelton, Stockton-on-the-Forest, Strensall, Towthorpe and Wigginton The district of Selby The parishes of Acaster Malbis, Askham Bryan, Askham Richard, Bishopthorpe, Copmanthorpe, Deighton, Dunnington, Elvington, Fulford, Heslington, Kexby, Naburn and Wheldrake
Constitution of new county of York
4
1
A new county of York shall be constituted and shall comprise the existing local government areas shown in column (2) of the Table in article 3.
2
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of York.
Existing local government areas
5
1
The new district of York shall cease to form part of North Yorkshire.
2
The existing city of York shall be abolished and the council of that city shall be wound up and dissolved.
3
The parishes shown in column (2) of the Table in article 3 shall cease to form part of the corresponding district shown in column (1) of that Table.
PART III
ELECTORAL ARRANGEMENTS
Electoral areas in York
6
1
The new district of York shall be divided into 29 wards which shall bear the names set out in column (1) of Schedule 1.
2
The wards shall comprise the areas respectively described (by reference to existing wards of the city of York or, as the case may be, parishes shown in the Table in article 3) in column (2) of that Schedule and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
Election of councillors in York
7
1
The ordinary election of councillors of the council of the new district of York (“the York Council”) shall be held in 1995 and every fourth year after 1995.
2
The term of office of every such councillor shall be four years.
3
The councillors elected at the ordinary election in 1995 shall come into office on the fourth day after that election.
4
On the fourth day after an ordinary election after 1995 —
a
the persons who were councillors immediately before the election shall retire; and
b
the newly elected councillors shall come into office.
First elections in York
8
1
At the ordinary election of councillors of the York Council in 1995, the returning officer shall be the returning officer appointed under section 35 of the Representation of the People Act 1983 (“the 1983 Act ”) by the council of the existing city of York.
2
Section 36(4) of the 1983 Act (payment of election expenses) shall not apply to that election.
3
All expenditure properly incurred by the returning officer in relation to the holding of that election shall be paid in the first instance by the council of the existing city of York and shall be defrayed by that council and the councils of the borough of Harrogate and the districts of Ryedale and Selby in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
4
In relation to that election “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.
Suspension of elections and retirement of councillors
9
1
The ordinary election of councillors in 1995 for any ward described in Schedule 2 shall not take place; and any councillor for such a ward holding office immediately before 8th May 1995 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
The councillor for the Upper Poppleton ward of the borough of Harrogate who would, but for this paragraph, have retired on 6th May 1996 shall, unless he resigns his office or it otherwise becomes vacant, retire on the reorganisation date.
3
The electoral divisions of North Yorkshire described in Schedule 3 shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date.
4
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor for any relevant electoral area, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the reorganisation date; and, for this purpose, “relevant electoral area” means a ward described in Schedule 2, the Upper Poppleton ward of the borough of Harrogate or an electoral division described in Schedule 3.
PART IV
LOCAL GOVERNMENT REORGANISATION IN NORTH YORKSHIRE
Structural change
10
The functions of the County Council in relation to the new district of York shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the York Council.
North Yorkshire Police Authority
11
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1995 as if —
i
the new district of York had ceased to form part of North Yorkshire on that date, and
ii
any existing district council for an area wholly or partly within the new district of York were, in relation to the North Yorkshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) , not a council falling within paragraph (b) of that sub-paragraph; and
b
accordingly, the appointments which are required to be made to the Authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the York Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1995), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division described in Schedule 3; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
12
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of North Yorkshire” in the right-hand column opposite the name of the North Yorkshire police area the words “and the non-metropolitan district of York”.
Fire services
13
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising North Yorkshire (as constituted on and after the reorganisation date) and the new district of York.
2
The new district of York shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of North Yorkshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of North Yorkshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
14
1
The structure plan applying immediately before the reorganisation date to North Yorkshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the York Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the York Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
PART V
TRANSITIONAL PROVISION
York Council as shadow authority
15
During the preliminary period —
a
the York Council shall not be a local authority for the purposes of the 1972 Act and, in relation to that council, section 2(2) of that Act shall have effect as if the words from “and the council” to the end of that subsection were omitted; and
b
the York Council shall be a shadow authority for the purposes of the Local Government Changes for England Regulations 1994 .
Co-operation and information
16
1
The relevant authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
2
A relevant authority, other than the York Council, shall furnish that council with all such information relating to the authority or its functions as that council may reasonably request for the purpose of implementing this Order or any other relevant provision.
3
In this article and article 18, “relevant authority” means the County Council, the York Council and the councils of the borough of Harrogate, the districts of Ryedale and Selby and the city of York.
Preparations for transfer of functions
17
1
During the preliminary period, the York Council —
a
may take such steps as appear to it to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by it by virtue of this Order or any other relevant provision;
b
shall, in relation to those functions, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
c
shall, at a meeting of the council, consider a report by the head of its paid service as to whether any such functions could with advantage be discharged in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
d
if of that opinion, shall promote the making of such arrangements.
2
In paragraph (1) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
18
Where, during the preliminary period, a relevant authority (other than the York Council) is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the new district of York which, on and after that date, are exercisable by the York Council, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the York Council.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
7th March 1995


text:
1
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1995 and shall come into force on 14th March 1995.
2
Regulation 4 of these Regulations is made in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 35, after paragraph (2) there shall be inserted the following paragraphs —
3
Paragraph (1) shall not apply to a vehicle if it carries apparatus for extinguishing fire which would meet the requirements of that paragraph were there substituted —
a
for a reference in Schedule 4 to any British Standard, a reference to a corresponding standard;
b
for the reference in Schedule 4 to a test fire rating of 8A or the reference in that Schedule to a test fire rating of 21B, a reference to an equivalent level of performance specified in the corresponding standard; and
c
for the reference in paragraph (2)(b) to the appropriate British Standards Institution specification number, a reference to a marking indicating compliance with the corresponding standard.
4
For the purposes of this regulation, “corresponding standard”, in relation to a British Standard, means —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard code of practice, international standard or technical specification provides, in relation to fire extinguishers, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the markings of fire extinguishers equivalent to that provided by the British Standard.
5
For the purposes of this regulation —
“EEA State” means a state which is a contracting party to the EEA Agreement but, until the EEA Agreement comes into force as regards Liechtenstein, does not include the State of Liechtenstein; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 .
.
4
In Schedule 4, after the word “test” there shall be inserted the word “fire”.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
9th February 1995


text:
1
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 1995 and shall come into force on 15th November 1995.
2
In these Regulations “the principal Regulations ” means the Police Federation Regulations 1969 .
2
1
Regulation 6 (branch boards) of the principal Regulations is amended as follows.
2
In paragraphs (2), (3) and (4) for the word “men”, in each place where it occurs, there is substituted “persons”.
3
In paragraph (5) —
a
for the word “women” there is substituted “members”; and
b
for the words after “branch board” there is substituted “from among the women holding those ranks in the force, except any who have sought election under paragraph (2), (3) or (4)”.
4
After paragraph (8) there is inserted the following paragraph:
8A
In any branch of the Federation the elections which are required to be held by paragraphs (2) to (5) shall be held on the same day.
.
5
Paragraph (12) is hereby revoked.
3
In regulation 8(1) of the principal Regulations (liaison committees) for the words “members in question” there is substituted “members of the branch”.
4
1
Regulation 9 of the principal Regulations (central conferences) is amended as follows.
2
In paragraph (2) —
a
for the word “men” there is substituted “members”;
b
after the word “force” there is inserted “, other than the member elected to the branch board under regulation 6(5),”; and
c
the proviso is hereby revoked.
3
In paragraph (3) —
a
for the words “women members” there is substituted “members”; and
b
for the words from “holding” to “in question” there is substituted “elected under regulation 6(5) as members of those boards”.
4
In paragraph (5) after the word “women” there is inserted “elected as a delegate under paragraph (3)”.
5
1
Regulation 11 of the principal Regulations (conferences arrangements committee) is amended as follows.
2
In paragraph (2) —
a
for the words “three men”, in each place where they occur in sub-paragraphs (a) to (c), there is substituted “three persons, other than any person elected to a branch board under regulation 6(5),”;
b
in sub-paragraph (d) after the word “women” there is inserted “elected to a branch board under regulation 6(5)”; and
c
for the words “the three men” there is substituted “the three persons”.
3
For paragraph (3) there is substituted the following paragraphs:
3
The members of the conferences arrangements committee shall be elected by the appropriate delegates referred to in paragraph (3A).
3A
The appropriate delegates are:
a
in the case of the London member of the conferences arrangements committee, those elected to the relevant central conference by the branch boards of the City of London and metropolitan police forces;
b
in the case of the provincial members of that committee, those so elected by the branch boards of other police forces in England and Wales, and
c
in the case of the woman member, those elected to all three central conferences.
.
6
For paragraph (2) of regulation 12 of the principal Regulations (central committees) there is substituted the following paragraphs:
1A
Each central committee shall be elected by the delegates to the inspectors', sergeants' or, as the case may be, constables' central conference in the manner following —
a
two members shall be elected in respect of No. 8 (London) Region by the delegates from the City of London and metropolitan police forces;
b
one member shall be elected in respect of each other region listed in Schedule 5 by the delegates from police forces in the region in question; and
c
one woman member shall be elected by all the delegates;
in each case, from among their number.
2
A member elected under paragraph (1A)(a) or (b) must not, and the member elected under paragraph (1A)(c) must, be a woman elected as a delegate under regulation 9(3).
.
7
1
Regulation 14 of the principal Regulations (women’s regional conferences) is amended as follows.
2
In paragraph (2) for the words “women members” there is substituted “persons elected under regulation 6(5)”.
3
In paragraph (3) —
a
after the word “additional” there is inserted “women”;
b
the words “among their own number by” are hereby revoked; and
c
after the words “the force in question” there is inserted “by the persons holding that rank in the force”.
8
1
Schedule 3 to the principal Regulations (elections, etc. ) is amended as follows.
2
For paragraph 5(2)(b) there is substituted:
b
in relation to an election under regulation 9(2) or the filling of a casual vacancy of a person elected under that provision, the branch board;
.
3
For paragraph 5(2)(c) there is substituted:
c
in relation to an election under regulation 9(3) or the filling of a casual vacancy of a person elected under that provision, the Joint Central Committee;
.
4
For paragraph 5(2)(f) there is substituted:
f
in relation to an election under regulation 14(3) or the filling of a casual vacancy of a person elected under that provision, the members of the inspectors', sergeants' and constables' branch boards in the force in question elected under regulation 6(5)
.
9
1
Schedule 4 to the principal Regulations (delegates to central conferences) is amended as follows.
2
In the heading of Part I, for the word “MEN” there is substituted “DELEGATES UNDER REGULATION 9(2)”.
3
At the end of paragraph 1(1) of Part I there is inserted “for the police force in question as at 31st March 1995”.
4
Paragraph 1(2) of Part I is hereby revoked.
5
In the heading of Part II, for the word “WOMEN” there is substituted “DELEGATES UNDER REGULATION 9(3)”.
6
In paragraph 1 of Part II —
a
the word “women” is hereby revoked;
b
after the words “by reference to” there is inserted “the number of women in”; and
c
after the words “the region” there is inserted “as at 31st March 1995”.
7
In paragraph 2 of Part II —
a
after “Where” there is inserted “there are less than two hundred women in”; and
b
the words “is less than two hundred women” are hereby revoked.
8
In paragraph 3 of Part II —
a
after “Where” there is inserted “there are two hundred women or more in”; and
b
the words “is two hundred women or more” are hereby revoked.
9
Paragraph 4 of Part II is hereby revoked.
10
1
Regulation 4 of the Police Federation (Amendment) Regulations 1971 (which made an amendment which is redundant as a result of regulation 6 above) is hereby revoked.
2
Regulation 3 of the Police Federation (Amendment) Regulations 1973 (which made an amendment which is redundant as a result of regulation 2(3)(b) above) is hereby revoked.
David Maclean
Minister of State
Home Office
23rd October 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.
2
These Regulations apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date on which they come into force.
Interpretation
2
In these Regulations the “ principal Regulations ” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following provisions of this Regulation.
2
a
the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
b
the amount of £1,766 shall be substituted for the amount of £1,728 in regulations 5(1) and 8 of those Regulations, and the amount of £3,654 shall be substituted for the amount of £3,575 in regulation 6(1) of those Regulations.
Signed by order of the Secretary os State.
Ann Widdecombe,
Minister of State,
Department of Employment
12th June 1995


text:
1
This Order may be cited as the A23 Trunk Road (Streatham High Road, Lambeth) (Prohibition of Use of Gaps in Central Reserve) Order 1995 and shall come into force on 9th May 1995.
2
In this Order —
“central reserve” means that part of Streatham High Road which separates its two carriageways for the safety and guidance of vehicles using that road; and
“Streatham High Road” means that length of the A23 Trunk Road in the London Borough of Lambeth known as Streatham High Road.
3
No person shall cause or permit any vehicle to enter or proceed through the gaps in the central reserve which lie —
a
opposite the junction with Broadlands Avenue; and
b
between points 30 metres and 118 metres south of the southern kerbline of Broadlands Avenue.
Signed by the authority of the Secretary of State for Transport
P J Bevis
A Grade 6 Officer, Highways Agency London Office
24th April 1995


text:
1
These Regulations may be cited as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 1995 and shall come into force on 1st March 1995.
2
1
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 shall be amended as follows.
2
In regulation 6(1), for sub-paragraph (g) there shall be substituted the following sub-paragraph —
g
speak to the driver whilst the vehicle is in motion except —
i
in an emergency;
ii
for reasons of safety; or
iii
to give directions as to the stopping of the vehicle;.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th January 1995