text:
Commencement and citation
1
This Order may be cited as the A10 Trunk Road (Haringey) Red Route Experimental Traffic Order 1995, and shall come into force on 7th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the 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) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Haringey (Waiting and Loading Restrictions) Order 1978 ( GLC TMO 1978 No. 208) is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Haringey (Waiting and Loading Restrictions) Order 1978 (GLC TMO 1978 No. 208) only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th July 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Travellers and Displaced Persons) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment of the Education (Grants) (Travellers and Displaced Persons) Regulations 1993
2
The Education (Grants) (Travellers and Displaced Persons) Regulations 1993 shall be amended as follows.
3
In regulation 3(1) there shall be inserted before the words “The Secretary of State may pay” the words “Subject to paragraph (1A)”.
4
In regulation 3 after paragraph (1) there shall be inserted the following paragraph —
1A
The Secretary of State may not pay grant to an authority or institution for provision in respect of persons referred to in regulation 4(c) in respect of which grant is payable to that authority or institution under section 11 of the Local Government Act 1966 .
.
5
The proviso to regulation 3(3) shall be omitted.
6
For regulation 5 there shall be substituted the following regulation —
5
Grants paid to authorities or institutions in England in respect of any expenditure which is approved as provided in regulation 3 shall be payable at the rate of 65 per cent. of the expenditure so approved and grants paid to authorities or institutions in Wales in respect of any expenditure which is approved as provided in regulation 3 shall be payable at the rate of 75 per cent. of the expenditure so approved.
.
Transitional provision
7
The Education (Grants) (Travellers and Displaced Persons) Regulations 1993 shall continue to have effect as if these Regulations had not been made in respect of expenditure incurred on or before 31st March 1995.
Gillian Shephard
Secretary of State for Education
28th February 1995
John Redwood
Secretary of State for Wales
1st March 1995


text:
1
1
This Order may be cited as the A63 Trunk Road (Welton Interchange Slip Roads) (Trunking) Order 1995 and shall come into force on 1st April 1995.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The lengths of highway described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/YHNMD 25, marked “The A63 Trunk Road (Welton Interchange Slip Roads) (Trunking) Order 1995”, 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.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director Network Management Division
The Highways Agency
14th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1995 and, subject to paragraph (2) below, shall come into force on 1st August 1995.
2
The provisions of this Order in so far as they relate to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils in the first year of that key stage; and
b
on 1st August 1997 in respect of all other pupils in that key stage.
3
In this Order —
“the Documents” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Design and Technology in the National Curriculum” and the Document so published entitled “Information Technology in the National Curriculum” ; and
references to the fourth key stage shall be construed in accordance with section 3(3)(d) to (6) of the Education Reform Act 1988 .
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990 is revoked.
Specification of attainment targets and programmes of study
3
1
Subject to paragraph (2) below, it is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Documents shall have effect for the purposes of specifying attainment targets and programmes of study in relation to technology.
2
Paragraph (1) above does not apply in respect of pupils in the fourth key stage at schools in Wales.
4
The examples printed in italics in the Document entitled “Design and Technology in the National Curriculum” (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995
John Redwood
Secretary of State for Wales
12th January 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Banking Coordination (Second Council Directive) (Amendment) Regulations 1995.
2
These Regulations shall come into force on 1st June 1995.
Amendment of the principal Regulations
2
The Banking Coordination (Second Council Directive) Regulations 1992 are amended as follows:
a
in regulation 2(1), after “1994” in the definition of “the commencement date” the words “in relation to a relevant EFTA State other than Liechtenstein and 1st June 1995 in relation to Liechtenstein;” are inserted; and
b
in regulation 2(1), after “Iceland” in the definition of “relevant EFTA State” the word “Liechtenstein” is inserted.
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd May 1995


text:
1
This Order may be cited as the A501 Trunk Road (Marylebone Road/Osnaburgh Street) (Temporary Restriction of Traffic Order) 1995, and shall come into force on 21st November 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 08.00 hours on 21st November 1995 and ending when those works have been completed, or at 16.00 hours on 23rd January 1996, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to: —
a
Turn right in Osnaburgh Street so as to enter Marylebone Road.
5
1
The prohibition specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibition specified in article 4 above shall not apply in respect of: —
i
any vehicle being used for the purpose of those works, for fire brigade, ambulance or police purposes;
ii
anything done with the permission at the direction of a Police Constable in uniform or a traffic warden:
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the M25 Motorway (Junctions 10 to 15) (Variable Speed Limits) Regulations 1995 and shall come into force on 15th May 1995.
General interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations;
“the relevant roads” means the lengths of motorway comprised in —
the clockwise carriageway of the M25 between marker posts 72/2 and 94/9;
the carriageways of the relevant clockwise slip roads;
the anti-clockwise carriageway of the M25 between marker posts 96/0 and 72/6;
the carriageways of the relevant anti-clockwise slip roads,
together with the adjacent hard shoulders and verges;
“speed limit sign” means a traffic sign for indicating that a specified maximum speed limit other than the national speed limit is in force; and
“national speed limit” has the meaning given by regulation 5(2) of the Traffic Signs Regulations 1994 .
2
For the purposes of these Regulations, a vehicle shall be regarded as passing a particular traffic sign if and only if —
a
it passes the sign while being driven on a motorway;
b
the sign is on or near that motorway; and
c
the sign is directed at traffic on the carriageway on which the vehicle is being driven or, if the vehicle is being driven on a hard shoulder or verge, the carriageway to which that hard shoulder or verge is adjacent.
3
References in these Regulations to the M3, the M4 and the M25 are references to the lengths of motorway known respectively as the M3, the M4 and the M25.
4
A reference in these Regulations to a junction followed by a number is a reference to the junction of the M25 of that number.
Interpretation of references to slip roads
3
1
In the definition of “the relevant roads” in regulation 2(1), the reference to the relevant clockwise slip roads is a reference to —
a
the on-slip road which connects the clockwise carriageway of the M25 with the A3 at junction 10;
b
the on-slip roads and off-slip roads which connect the clockwise carriageway of the M25 with–
the A320 at junction 11;
the A30 at junction 13; and
the A3113 at junction 14;
c
the lengths of road in the vicinity of junction 12 specified in Part II of Schedule 1 to these Regulations; and
d
the lengths of road in the vicinity of junction 15 specified in Part II of Schedule 2 to these Regulations.
2
In the definition of “the relevant roads” in regulation 2(1), the reference to the relevant anti-clockwise slip roads is a reference to —
a
the off-slip road which connects the anti-clockwise carriageway of the M25 with the A3 at junction 10;
b
the on-slip roads and off-slip roads which connect the anti-clockwise carriage of the M25 with —
the A317 at junction 11;
the A30 at junction 13; and
the A3113 at junction 14;
c
the lengths of road in the vicinity of junction 12 specified in Part III of Schedule 1 to these Regulations; and
d
the lengths or road in the vicinity of junction 15 specified in Part III of Schedule 2 to these Regulations.
3
In this regulation a reference to an on-slip road is a reference to a slip road intended for the use of traffic entering the M25; and a reference to an off-slip road shall be construed accordingly.
4
Part I of Schedule 1 to these Regulations shall have effect for the purpose of interpreting Parts II and III of that Schedule.
5
Part I of Schedule 2 to these Regulations shall have effect for the purpose of interpreting Parts II and III of that Schedule.
Speed Limits
4
1
Subject to paragraphs (4) and (5) below, where a motor vehicle being driven on any part of the relevant roads on any occasion passes a speed limit sign (“the sign in question”) no person shall, during the relevant period, drive the vehicle on any part of the relevant roads at a speed exceeding the relevant speed.
2
For the purposes of paragraph (1) above, the relevant period is the period that begins immediately after the vehicle passes the sign in question and ends immediately before one of the following events occurs thereafter, namely —
a
the vehicle passes a traffic sign which indicates that the national speed limit or any other specified maximum speed limit is in force; or
b
the vehicle goes outside the area comprising the relevant roads.
3
For the purposes of paragraph (1) above, “relevant speed” means the speed limit indicated by the sign in question at the time that the vehicle passes it.
4
If —
a
a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at a particular location; and
b
apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would not have been subject to a speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case,
the vehicle shall not be subject to any speed limit by virtue of this regulation.
5
If —
a
a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at the particular location; and
b
apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would be subject to a higher speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case.
paragraph (1) above shall have effect in relation to the vehicle as if it had passed that location ten seconds earlier than was in fact the case.
Saving
6
Nothing in these Regulations shall prejudice the operation of any other regulations made or having effect as if made under section 17 of the Road Traffic Regulation Act 1984.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
19th April 1995


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Information Powers) Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
In these Regulations unless the context otherwise requires —
“actuary” means —
a Fellow of the Institute of Actuaries, or
a Fellow of the Faculty of Actuaries, or
a person with other actuarial qualifications who has been approved as being a proper person to act for the purposes of regulation 8 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 in connection with the scheme;
“approved”, in relation to a retirement benefits scheme, means —
approved by the Board for the purposes of Chapter I, or
before the Board in order for them to decide whether to give approval for the purposes of that Chapter;
“the Board” means the Commissioners of Inland Revenue;
“Chapter I” means Chapter I of Part XIV of the Taxes Act ;
“company” means any body corporate or unincorporated association, but does not include a partnership;
“controlling director” has the meaning given by paragraph 5(5) of Schedule 23 to the Taxes Act;
“exempt approved scheme” means an approved scheme which is for the time being within paragraph (a) or (b) of section 592(1) of the Taxes Act;
“friendly society” has the meaning given by section 116 of the Friendly Societies Act 1992 ;
“insurance company” has the meaning given by section 659B of the Taxes Act ;
“insured scheme” means an approved scheme, the contributions to which, apart from voluntary contributions made by members, are invested wholly by way of insurance premiums, and the policies in respect of which do not provide that levels of contributions require to take account of surpluses, but does not include a scheme —
the policies in respect of which provide only for lump sum benefits for members on death before the normal retirement date, or
which is a simplified defined contribution scheme;
“large self-administered scheme” means a self-administered scheme which is not a small self-administered scheme and is not a simplified defined contribution scheme;
“member”, in relation to a retirement benefits scheme, means a member of the scheme to whom benefit is currently accruing as a result of service as an employee;
“normal retirement date” means the date specified in the rules of a retirement benefits scheme as the date at which an employee will normally retire;
“permitted maximum” has the meaning given by section 590C of the Taxes Act ;
“relevant statutory scheme” has the meaning given by section 611A of the Taxes Act ;
“retirement benefits scheme” has the meaning given by section 611(1) of the Taxes Act;
“scheme year” means —
a year specified for the purposes of the scheme in any document comprising the scheme or, if no year is specified, a period of 12 months commencing on 1st April or on such other date as the trustees select; or
such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees —
in respect of the scheme year in which the scheme commences or terminates, or
in connection with a variation of the date on which the scheme year is to commence;
“self-administered scheme” means an approved scheme some or all of the income and other assets of which are invested otherwise than in insurance policies;
“shares” includes stock;
“simplified defined contribution scheme” means a retirement benefits scheme approved by the Board by reference to limitations on —
the aggregate amount of the contributions which may be paid by a member and his employer,
the maximum lump sum which may be provided under the scheme, and
the benefits payable on death which may be provided under the scheme;
“small self-administered scheme” has the meaning given by regulation 2(1) of the 1991 Regulations ;
“special contribution” means any contribution paid to a retirement benefits scheme by an employer which is neither a fixed amount paid annually, whether in instalments or otherwise nor an annual amount, that is payable over a period of three years or more and is calculated on a consistent basis in accordance with actuarial principles by reference to the earnings, contributions or number of members of the scheme;
“Taxes Act” means the Income and Corporation Taxes Act 1988;
“unlisted company” means a company which is not officially listed on a recognised stock exchange within the meaning of section 841(1) of the Taxes Act;
“1991 Regulations” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 .
PART II
INFORMATION REQUIRED WITHOUT NOTICE
Prescribed person
3
For the purposes of this Part of these Regulations, “the prescribed person” in relation to a retirement benefits scheme means —
a
the person who is, or the persons who are, for the time being the administrator in relation to the scheme by virtue of section 611AA of the Taxes Act ; or
b
where section 606(1) of the Taxes Act applies at any time in relation to the scheme, the person who is, or the persons who are, by virtue of that section responsible at that time for the discharge of all duties imposed on the administrator under Chapter I (whenever arising) and liable for any tax due from the administrator in the administrator’s capacity as such (whenever falling due); or
c
where section 599(7) of the Taxes Act applies in relation to an insurance company, that insurance company.
Actuarial valuation reports — self-administered schemes and insured schemes
4
1
The prescribed person in relation to a self-administered scheme or an insured scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, any valuation report of the scheme’s assets in relation to its liabilities having an effective date that falls on or after the date of coming into force of these Regulations, where the report —
a
was commissioned for the purposes of the scheme, and
b
consists of an actuarial valuation determined and dated and signed by an actuary.
2
The time prescribed —
a
where the valuation report relates to a large self-administered scheme or an insured scheme, is any time not later than two years after the date stated to be the effective date in the valuation;
b
where the valuation report relates to a small self-administered scheme, is any time not later than one year after the date stated to be the effective date in the valuation.
Investment and borrowing transactions of small self-administered schemes
5
1
The prescribed person in relation to a small self-administered scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) as —
a
is specified on the relevant form supplied by the Board, and
b
relates to any transaction that is —
i
of a kind specified in paragraph (3) below, and
ii
entered into by or on behalf of the trustees or the administrator of the scheme on or after the date of coming into force of these Regulations.
2
The time prescribed is any time not later than 90 days after the date of the transaction in question.
3
The transactions specified in this paragraph are —
a
the acquisition or disposal of land;
b
the lending of money to an employer in relation to the scheme or any company associated with him;
c
the acquisition or disposal of shares in an employer in relation to the scheme or any company associated with him;
d
the acquisition or disposal of shares in an unlisted company;
e
the borrowing of money;
f
the purchase, sale or lease from or to an employer in relation to the scheme, or any company associated with him, of any asset other than one specified in sub-paragraph (a), (c) or (d).
4
References in paragraph (3) above to a company associated with an employer shall be construed in accordance with regulation 2(9) of the 1991 Regulations.
Participation of employers in a scheme
6
1
The prescribed person in relation to an approved scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to an event specified in paragraph (3) below and occurring on or after the date of coming into force of these Regulations as is specified on the relevant form supplied by the Board.
2
The time prescribed is any time not later than 180 days after the end of the scheme year in which the event in question occurs.
3
The events specified in this paragraph are —
a
the admission of a new employer as a participant in the scheme;
b
in relation to any employer who is a participant in the scheme —
i
a change in his name or address;
ii
the occasion of his ceasing to carry on a trade or business;
iii
a change in his association with any other employer who is a participant in the scheme.
4
For the purposes of paragraph (3)(b)(iii) above, an employer is associated with another employer if —
a
the association falls within the meaning given by subsection (3) of section 590A of the Taxes Act , read with subsection (4) of that section, or
b
there exists some other basis of association between the employers which, for the purpose of granting or maintaining approval of the scheme, the Board have accepted as being sufficient to establish a permanent community of interest between the employers, whether by reason of the association falling within any of the situations specified in paragraph (5) below or otherwise.
5
The situations specified are where —
a
all the employees of the employers are the same individuals;
b
the operations of the employers are interdependent;
c
in the case of employers who are companies, the same individuals comprise the majority of the directors of, or hold the majority of the ordinary share capital in, each of the companies.
Special contributions by employers
7
1
The prescribed person in relation to an exempt approved scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to the special contribution specified in paragraph (3) below as is specified on the relevant form supplied by the Board.
2
The time prescribed is any time not later than 180 days after the end of the scheme year in which the special contribution was paid to the scheme by the employer.
3
The special contribution specified in this paragraph is any special contribution paid to the scheme by an employer on or after the date of coming into force of these Regulations, other than a contribution which —
a
has been certified by an actuary as made solely to finance cost of living increases for existing pensioners under the scheme; or
b
when aggregated with other special contributions paid by that employer to the scheme in the same chargeable period other than a contribution falling within sub-paragraph (a) above, does not result in an amount which exceeds —
i
one half of the permitted maximum as at the end of the scheme year referred to in paragraph (2) above, or
ii
the total contributions, other than special contributions, made by the employer to the scheme in the same chargeable period,
whichever is the greater.
Controlling directors as members of schemes
8
1
The prescribed person in relation to an approved scheme shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to an event specified in paragraph (3) below and occurring on or after the date of coming into force of these Regulations as is specified on the relevant form supplied by the Board.
2
The time prescribed is any time not later than 180 days after the end of the scheme year in which the event in question occurs.
3
The events specified in this paragraph are —
a
the admission of any person to membership of the scheme who is, or has been at any time within the period of 10 years prior to the date of admission, a controlling director of a company which is an employer in relation to the scheme;
b
the occasion of an existing member of the scheme becoming a controlling director of a company which is an employer in relation to the scheme.
Controlling directors — benefits on retirement due to incapacity or serious ill-health
9
1
The prescribed person in relation to an approved scheme shall furnish to the Board, at the time prescribed by paragraph (2) below —
a
notification of any proposal such as is specified in paragraph (3) below and is made on or after the date of coming into force of these Regulations, and
b
the information specified in paragraph (4) below.
2
The time prescribed —
a
in the case of the proposal specified in paragraph (3)(a) below, is any time not less than 28 days prior to the proposed payment of the benefits;
b
in the case of the proposal specified in paragraph (3)(b) below, is any time not less than 14 days prior to the proposed payment of the benefits.
3
The proposals specified in this paragraph are —
a
any proposal for the scheme to pay benefits to a person who is a controlling director of a company which is an employer in relation to the scheme in circumstances where that person is to retire on grounds of incapacity prior to the normal retirement date;
b
any proposal for the scheme to pay benefits commuted wholly to lump sum form to a person who is a controlling director of a company which is an employer in relation to the scheme in circumstances where that person is to be retired on grounds of serious ill-health.
4
The information to be furnished shall be in the form of copies of documents relating to the decision of the administrator of the scheme to permit retirement on grounds of incapacity prior to the normal retirement date or, as the case may be, full commutation of benefits to lump sum form on retirement on grounds of serious ill-health, including copies of medical reports and other documents in the possession or under the control of the prescribed person containing details of the medical evidence which formed the basis of that decision.
5
In this regulation —
“incapacity” means physical or mental deterioration which is sufficiently serious to prevent a person from following his normal employment or which seriously impairs his earning capacity;
“serious ill-health” means ill-health which is such as to give rise to a life expectancy of less than one year.
Reporting of chargeable events
10
1
A person who is a prescribed person within regulation 3(a) or (b) in relation to a retirement benefits scheme which is —
a
an approved scheme, or
b
a relevant statutory scheme established under a public general Act,
shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to an event specified in paragraph (3) below as is specified on the relevant form supplied by the Board.
2
The time prescribed is any time not later than 30 days after the end of the year of assessment in which the event in question occurs.
3
The events specified in this paragraph are —
a
any repayment under the scheme to which section 598 of the Taxes Act applies (repayment of employee’s contributions);
b
any commutation of an employee’s pension under the scheme to which section 599 of the Taxes Act applies;
c
any payment under the scheme to which section 599A of the Taxes Act applies (payment to or for the benefit of an employee or his personal representatives out of surplus funds);
d
any payment to an employer to which section 601 of the Taxes Act applies (charge to tax on payments to employer out of funds of an exempt approved scheme).
11
1
An insurance company which is a prescribed person by virtue of regulation 3(c) in relation to a retirement benefits scheme which is —
a
an approved scheme, or
b
a relevant statutory scheme established under a public general Act,
shall furnish to the Board, at the time prescribed by paragraph (2) below, such information (including copies of any relevant books, documents or other records) relating to an event specified in paragraph (3) below as is specified on the relevant form supplied by the Board.
2
The time prescribed is any time not later than 180 days after the end of the chargeable period of the insurance company in which the event in question occurs.
3
The events specified in this paragraph are —
a
any repayment under the scheme to which section 598 of the Taxes Act applies;
b
any commutation of an employee’s pension under the scheme to which section 599 of the Taxes Act applies;
c
any payment to an employer to which section 601 of the Taxes Act applies.
PART III
NOTICES REQUIRING PARTICULARS AND DOCUMENTS
Approved schemes and relevant statutory schemes
12
1
The Board may by notice require any of the persons prescribed by paragraph (2) below, within the time prescribed by paragraph (3) below, to furnish to the Board such particulars, and to produce to the Board such documents, as they may reasonably require relating to —
a
any monies received or receivable by an approved scheme or a relevant statutory scheme, or
b
any investments or other assets held by that scheme, or
c
any monies paid or payable out of funds held under that scheme.
2
The persons prescribed are —
a
the person who is, or the persons who are, for the time being by virtue of section 611AA of the Taxes Act the administrator of the scheme which is the subject of the notice;
b
any person who was, or any persons who were, at any time prior to the relevant date by virtue of section 611AA of the Taxes Act the administrator of that scheme, other than an excluded person;
c
the trustee or trustees of that scheme, or any person who was, or any persons who were, at any time prior to the relevant date the trustee or trustees of that scheme, other than an excluded person;
d
any person who is, or has been at any time prior to the relevant date, an employer in relation to that scheme, other than an excluded person;
e
any person who is, or has been at any time prior to the relevant date, a scheme sponsor in relation to that scheme, other than an excluded person;
f
any person who provides, or has at any time prior to the relevant date provided, administrative services to that scheme, other than an excluded person.
3
The time prescribed is such time (not being less than 28 days) as may be provided by the notice.
4
A notice under paragraph (1) above may require particulars to be furnished, and documents to be produced, relating to more than one scheme.
5
In paragraph (2) above —
a
“excluded person” means a person who, on ceasing to act in relation to the scheme or, as the case may be, provide administrative services to the scheme, transferred all documents in his possession or under his control relating to the scheme to another person who succeeded him in acting in relation to the scheme or providing administrative services to the scheme;
b
“the relevant date” means the date on which the time prescribed by regulation 15(3)(f) ends.
Annuity contracts
13
1
The Board may by notice require any of the persons prescribed by paragraph (2) below, within the time prescribed by paragraph (3) below, to furnish to the Board such particulars, and to produce to the Board such documents, as they may reasonably require relating to any annuity contract issued by that person by means of which benefits provided under an approved scheme or a relevant statutory scheme have been secured.
2
The persons prescribed are —
a
the insurance company which issued the annuity contract, where that company is a body corporate;
b
the chief executive and the manager, within the meaning of section 96D of the Insurance Companies Act 1982 , of the insurance company which issued the annuity contract;
c
the friendly society which issued the annuity contract, where that friendly society is a society incorporated under the Friendly Societies Act 1992;
d
the chief executive and the secretary, or any assistant or deputy chief executive, or assistant or deputy secretary, of the friendly society which issued the annuity contract.
3
The time prescribed is such time (not being less than 28 days) as may be provided by the notice.
4
A notice under paragraph (1) above may require particulars and documents relating to more than one annuity contract.
PART IV
INSPECTION AND RETENTION OF RECORDS
Inspection of records
14
1
The Board may by notice require any of the persons prescribed by paragraph (2) below to make available for inspection by an officer of the Board authorised for that purpose, within the time prescribed by paragraph (3) below, all books, documents and other records in his possession or under his control relating to —
a
any monies received or receivable by an approved scheme or a relevant statutory scheme, or
b
any investments or other assets held by that scheme, or
c
any monies paid or payable out of funds held under that scheme, or
d
any annuity contract by means of which benefits provided under that scheme have been secured.
2
The persons prescribed are —
a
the person who is, or the persons who are, for the time being by virtue of section 611AA of the Taxes Act the administrator of the scheme which is the subject of the notice;
b
any person who was, or any persons who were, at any time prior to the relevant date, by virtue of section 611AA of the Taxes Act the administrator of that scheme, other than an excluded person;
c
the trustee or trustees of that scheme, or any person who was, or any persons who were, at any time prior to the relevant date the trustee or trustees of that scheme, other than an excluded person;
d
any person who is, or has been at any time prior to the relevant date, an employer in relation to that scheme, other than an excluded person;
e
any person who is, or has been at any time prior to the relevant date, a scheme sponsor in relation to that scheme, other than an excluded person;
f
any person who provides, or has at any time prior to the relevant date provided, administrative services to that scheme, other than an excluded person.
3
The time prescribed is such time (not being less than 28 days) as may be provided by the notice.
4
A notice under paragraph (1) above may require books, documents and other records relating to more than one scheme to be made available for inspection.
5
Where records are maintained by computer the person required to make them available for inspection shall provide the officer making the inspection with all the facilities necessary for obtaining information from them.
6
The authorised officer may take copies of, or make extracts from, any books, documents or other records made available for inspection in accordance with paragraph (1) above.
7
In paragraph (2) above “excluded person” and “the relevant date” have the meanings given by regulation 12(5).
Retention of records
15
1
Each of the persons prescribed by paragraph (2) below shall preserve, for the time prescribed by paragraph (3) below, all books, documents and other records in his possession or under his control relating to —
a
any monies received or receivable by an approved scheme or a relevant statutory scheme, or
b
any investments or other assets held by that scheme, or
c
any monies paid or payable out of funds held under that scheme, or
d
any annuity contract by means of which benefits provided under that scheme have been secured, or
e
any person who is, or has been, a controlling director of a company which is an employer in relation to the scheme.
2
The persons prescribed are —
a
the person who is, or the persons who are, for the time being by virtue of section 611AA of the Taxes Act the administrator of the scheme;
b
any person who was, or any persons who were, at any time prior to the relevant date, by virtue of section 611AA of the Taxes Act the administrator of that scheme, other than an excluded person;
c
the trustee or trustees of that scheme, or any person who was or any persons who were, at any time prior to the relevant date the trustee or trustees of that scheme, other than an excluded person;
d
any person who is, or has been at any time prior to the relevant date, an employer in relation to that scheme, other than an excluded person;
e
any person who is, or has been at any time prior to the relevant date, a scheme sponsor in relation to that scheme, other than an excluded person;
f
any person who provides, or has at any time prior to the relevant date provided, administrative services to that scheme, other than an excluded person.
3
The time prescribed —
a
in the case of accounts and actuarial valuation reports relating to the scheme, including books, documents and other records on which such accounts or reports are based, is 6 years from the end of the scheme year in which falls the date on which the accounts were signed or, as the case may be, the report was signed;
b
in the case of books, documents or other records containing information which is required to be furnished pursuant to regulation 5, is 6 years from the end of the scheme year in which the transaction in question occurred;
c
in the case of books, documents or other records containing information which is required to be furnished pursuant to regulation 6, 8, 10 or 11, is 6 years from the end of the scheme year in which the event to which the information relates occurred;
d
in the case of books, documents or other records containing information which is required to be furnished pursuant to regulation 7, is 6 years from the end of the scheme year in which the special contribution to which the information relates was paid to the scheme;
e
in the case of books, documents or other records containing information which is required to be furnished pursuant to regulation 9, is 6 years from the end of the scheme year in which the benefits to which the information relates began to be paid;
f
in the case of books, documents or other records relating to an event specified in paragraph (4) below, is 6 years from the end of the scheme year in which the event occurred.
4
The events specified are —
a
the provision by the scheme of any benefit to an employee, or to the widow, widower, children, dependants, or personal representatives, of an employee;
b
the refund of contributions to a person who left service as an employee without entitlement to benefits under the scheme;
c
the payment of contributions to the scheme by an employer or employee;
d
the making of payments by the scheme to any employer participating in the scheme;
e
the payment of transfer values or the purchase of annuities under the scheme;
f
the acquisition or disposal of any asset by the scheme;
g
the undertaking of any transaction for the purposes of the scheme;
h
the receipt by the scheme of any income resulting from —
i
the investment of assets held by the scheme, or
ii
any trading activity carried on by the scheme.
5
The duty under paragraph (1) above to preserve books, documents and other records may be discharged by the preservation of the information contained in them.
6
In paragraph (2) above “excluded person” and “the relevant date” have the meanings given by regulation 12(5).
A. M. W. Battishill
C. W. Corlett
Two of the Commissioners of Inland Revenue
30th November 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Hart District Council) Order 1995 and shall come into force on 1st January 1996.
Exemption
2
Cleaning (other than cleaning of buildings) by the Hart District Council shall not be treated as a defined activity so long as it is carried out in their area between 1st January 1996 and 31st March 1997.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
21st June 1995


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) Order 1995 and shall come into force on 18th August 1995.
2
The Environment Agency (a body corporate established by section 1 of the Environment Act 1995 ) is hereby specified for the purposes of section 33 of the Value Added Tax Act 1994.
David Willetts
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 1995


text:
Citation and commencement
1
This Order may be cited as the Leeds Development Corporation (Transfer of Property, Rights and Liabilities) Order 1995 and shall come into force on 31st March 1995.
Transfer of property, rights and liabilities
2
There are hereby transferred to the Secretary of State any property, rights and liabilities vested for the time being in the Leeds Development Corporation which have not either been —
a
transferred under an agreement made under section 165 of the Local Government, Planning and Land Act 1980; or
b
transferred under article 4 of the Leeds Development Corporation (Planning Functions) Order 1995 .
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
16th February 1995


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Companies (Summary Financial Statement) Regulations 1995 and shall come into force on 1st September 1995.
Interpretation
2
In these Regulations, unless otherwise stated —
“the 1985 Act ” means the Companies Act 1985;
“banking company” means a company the directors of which prepare accounts for a financial year in accordance with the special provisions of Part VII of the 1985 Act relating to banking companies;
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 and by EEA Council Decision Number 1/95 of 10th March 1995
“entitled persons” means the same as in section 251 of the 1985 Act;
“full accounts and reports” means a company’s annual accounts, the directors' report and the auditors' report on those accounts required to be sent to entitled persons under section 238(1) of the 1985 Act and “full” in relation to any balance sheet, profit and loss account, group accounts or directors' report means any such document comprised in the full accounts and reports;
“insurance company” means a company the directors of which prepare accounts for a financial year in accordance with the special provisions of Part VII of the 1985 Act relating to insurance companies;
“listed public company” means a public company whose shares or debentures, or any class of whose shares or debentures, are listed within the meaning of section 251(1) of the 1985 Act.
PART II
CONDITIONS FOR SENDING OUT SUMMARY FINANCIAL STATEMENT
Cases in which sending of summary financial statement prohibited
3
1
A listed public company may not send a summary financial statement to an entitled person instead of copies of its full accounts and reports, in any case where it is prohibited from doing so by any relevant provision (within the meaning of paragraph (2) below) —
a
in its memorandum or articles of association, or
b
where the entitled person is a holder of the company’s debentures, in any instrument constituting or otherwise governing any of the company’s debentures of which that person is a holder.
2
For the purposes of paragraph (1) above, any provision (however expressed) which requires copies of the full accounts and reports to be sent to entitled persons, or which forbids the sending of summary financial statements under section 251 of the 1985 Act, is a relevant provision.
Ascertainment of entitled person’s wishes
4
1
A listed public company may not send a summary financial statement to an entitled person in place of copies of its full accounts and reports, unless the company has ascertained that the entitled person does not wish to receive copies of those documents.
2
Whether or not an entitled person wishes to receive copies of the full accounts and reports for a financial year is to be ascertained —
a
from any relevant notification in writing he has given to the company (either as an entitled person or as a person to whom paragraph (5) of this regulation applies) as to whether he wishes to receive copies of the full accounts and reports or as to whether he wishes, instead of copies of those documents, to receive summary financial statements; or
b
failing any such express notification, from any failure to respond to an opportunity given to the entitled person (including for this purpose a person to whom paragraph (5) of this regulation applies) to elect to receive copies of the full accounts and reports either in response to a notice sent by the company under regulation 5 below, or as part of a relevant consultation of his wishes by the company under regulation 6 below.
3
For the purposes of paragraph (2)(a) above, a notification is a relevant notification with respect to a financial year if it relates to that year (whether or not it has been given at the invitation of the company) and if it is received by the company not later than 28 days before the first date on which copies of the full accounts and reports are sent out to entitled persons in compliance with section 238(1) of the 1985 Act with respect to the financial year.
4
A company may not send a summary financial statement to an entitled person in relation to any financial year in place of copies of the full accounts and reports unless —
a
the period allowed for laying and delivering full accounts and reports under section 244 of the 1985 Act for that year has not expired, and
b
the summary financial statement has been approved by the board of directors and the original statement signed on behalf of the board by a director of the company.
5
This paragraph applies to a person who is entitled, whether conditionally or unconditionally, to become an entitled person in relation to the company, but who has not yet become such an entitled person.
Consultation by notice
5
1
A listed public company may give notice to an entitled person (including for this purpose a person to whom regulation 4(5) applies), by sending it by post or giving it in any other manner authorised by the company’s articles, which shall —
a
state that for the future so long as he is an entitled person, he will be sent a summary financial statement for each financial year instead of a copy of the company’s full accounts and reports, unless he notifies the company in writing that he wishes to receive full accounts and reports,
b
state that the summary financial statement for a financial year will contain a summary of the company’s or group’s profit and loss account, balance sheet and directors' report for that year,
c
state that the printed card or form accompanying the notice in accordance with paragraph (2) below must be returned by a date specified in the notice, being a date at least 21 days after service of the notice and not less than 28 days before the first date on which copies of the full accounts and reports for the next financial year for which the entitled person is entitled to receive them are sent out to entitled persons in compliance with section 238(1) of the 1985 Act,
d
include a statement in a prominent position to the effect that a summary financial statement will not contain sufficient information to allow as full an understanding of the results and state of affairs of the company or group as would be provided by the full annual accounts and reports and that members and debenture holders requiring more detailed information have the right to obtain, free of charge, a copy of the company’s last full accounts and reports., and
e
state that the summary financial statement will contain a statement by the company’s auditors as to whether the summary financial statement is consistent with the full accounts and reports for the year in question, whether it complies with the requirements of section 251 of the Act and of these Regulations and whether their report on the accounts was qualified.
2
Subject to paragraph (3) below, the notice shall be accompanied by a printed card or form, in respect of which any postage necessary for its return to the company has been, or will be, paid by the company, which is so worded as to enable an entitled person (including a person to whom regulation 4(5) above applies), by marking a box and returning the card or form, to notify the company that he wishes to receive full accounts and reports for the next financial year for which he is entitled to receive them as an entitled person and for all future financial years thereafter.
3
The company need not pay the postage in respect of the return of the printed card or form in the following circumstances —
a
if the address of a member to which notices are sent in accordance with the company’s aritcles is not within an EEA State,
b
if the address of a debenture holder to which notices are sent in accordance with the terms of any instrument constituting or otherwise governing the debentures of which he is a holder is not within an EEA State, or
c
if the address of a person to whom regulation 4(5) above applies to which notices are sent, in accordance with the contractual provisions whereunder he has a right (conditionally or unconditionally) to become an entitled person, is not within an EEA State.
Relevant consultation
6
1
A listed public company may conduct a relevant consultation to ascertain the wishes of an entitled person
2
For the purposes of this regulation, a relevant consultation of the wishes of an entitled person is a notice given to the entitled person (including for this purpose a person to whom regulation 4(5) above applies), by sending it by post or giving it in any other manner authorised by the company’s articles, which —
a
states that for the future, so long as he is an entitled person, he will be sent a summary financial statement instead of the full accounts and reports of the company, unless he notifies the company in writing that he wishes to continue to receive full accounts and reports;
b
accompanies a copy of the full accounts and reports;
c
accompanies a copy of a summary financial statement, prepared in accordance with section 251 of the 1985 Act and these Regulations, with respect to the financial year covered by those full accounts and reports and which is identified in the notice as an example of the document which the entitled person will receive for the future, so long as he is an entitled person, unless he notifies the company to the contrary; and
d
subject to paragraph (3) below, is accompanied by a printed card or form, in respect of which any postage necessary for its return to the company has been, or will be, paid by the company, which is so worded as to enable an entitled person (including a person to whom regulation 4(5) above applies), by marking a box and returning the card or form, to notify the company that he wishes to receive full accounts and reports for the next financial year for which he is entilted to receive them as an entitled person and for all future financial years thereafter.
3
Regulation 5(3) above applies in respect of the payment of postage for the return of the printed card or form referred to in paragraph (2)(d) of this regulation.
PART III
FORM AND CONTENT OF SUMMARY FINANCIAL STATEMENT
Provisions applying to all companies and groups
7
1
Every summary financial statement issued by a listed public company in place of the full accounts and reports must comply with this regulation.
2
The summary financial statement must state the name of the person who signed it on behalf of the board.
3
The summary financial statement of a company which is not required to prepare group accounts under Part VII of the 1985 Act must include a statement in a prominent position to the effect that the summary financial statement does not contain sufficient information to allow as full an understanding of the results and state of affairs of the company as would be provided by the full annual accounts and reports, and that members and debenture holders requiring more detailed information have the right to obtain, free of charge, a copy of the company’s last full accounts and reports.
4
The summary financial statement of a company which is required to prepare group accounts under Part VII of the 1985 Act must include a statement in a prominent position to the effect that the summary financial statement does not contain sufficient information to allow as full an understanding of the results of the group and state of affairs of the company or of the group as would be provided by the full annual accounts and reports, and that members and debenture holders requiring more detailed information have the right to obtain, free of charge, a copy of the company’s last full accounts and reports.
5
The summary financial statement must contain a clear, conspicuous statement —
a
of how members and debenture holders can obtain, free of charge, a copy of the company’s last full accounts and reports, and
b
of how members and debenture holders may elect in writing to receive full accounts and reports in place of summary financial statements for all future financial years.
Companies and groups other than banking and insurance companies and groups
8
1
The summary financial statement of a listed public company (other than a banking or insurance company) the directors of which are not required to prepare group accounts under Part VII of the 1985 Act, shall be in the form, and contain the information, required by Schedule 1 to these Regulations, so far as applicable to such a company.
2
The summary financial statement of a listed public company (other than the parent company of a banking or insurance group) the directors of which are required to prepare group accounts under Part VII of the 1985 Act, shall be in the form, and contain the information, required by Schedule 1 to these Regulations, so far as applicable to such a company.
Banking companies and groups
9
1
The summary financial statement of a listed public company which is in relation to the financial year in question a banking company the directors of which are not required to prepare group accounts under Part VII of the 1985 Act, shall be in the form, and contain the information, required by Schedule 2 to these Regulations, so far as applicable to such a company.
2
The summary financial statement of a listed public company which is the parent company of a banking group shall be in the form, and contain the information, required by Schedule 2 to these Regulations, so far as applicable to such a company.
Insurance companies and groups
10
1
The summary financial statement of a listed public company which is in relation to the financial year in question an insurance company the directors of which are not required to prepare group accounts under Part VII of the 1985 Act, shall be in the form, and contain the information, required by Schedule 3 to these Regulations, so far as applicable to such a company.
2
The summary financial statement of a listed public company which is the parent company of an insurance group shall be in the form, and contain the information, required by Schedule 3 to these Regualtions, so far as applicable to such a company.
PART IV
TRANSITIONALS ETC
Revocation, transitionals and saving
11
1
The Companies (Summary Financial Statement) Regulations 1992 are hereby revoked.
2
A listed public company other than one to which regulation 10 above applies may, with respect to a financial year of the company commencing on a date prior to 23rd December 1994, comply with the Companies (Summary Financial Statement) Regulations 1992 as though those Regulations had not been revoked by paragraph (1) above, and accordingly need not comply with the provisions of these Regulations.
3
Paragraph (4) below has effect in relation to the ascertainment of the wishes of an entitled person for the purposes of section 251(2) of the 1985 Act.
4
So far as anything done under or for the purposes of any provision of the Companies (Summary Financial Statement) Regulations 1992 could have been done under or for the purposes of the corresponding provision of these Regulations, it is not invalidated by the revocation of that provision but has effect as if done under or for the purposes of the corresponding provision.
Consequential amendments
12
1
The Companies (Revision of Defective Accounts and Report) Regulations 1990 are amended as follows.
2
In regulations 14(2) and (4) and 16(3), for “the Companies (Summary Financial Statement) Regulations 1992” substitute “the Companies (Summary Financial Statement) Regulations 1995”
3
After regulation 16(3) insert the following paragraph —
Where the original summary financial statement was prepared under the Companies (Summary Financial Statement) Regulations 1992, references in regulation 14 to the Companies (Summary Financial Statement) Regulations 1995 shall be construed as references to the 1992 Regulations .
Phillip Openheim,
Minister for Company Affairs,
Department of Trade and Industry
4th August 1995


text:
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1995 and shall come into force on 10th April 1995.
2
1
The Prosecution of Offences (Custody Time Limits) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation), for paragraph (2) there shall be substituted the following paragraph:
2
In these Regulations, a reference to a person’s first appearance in relation to proceedings in a magistrates' court for an offence is —
a
in a case where that person has made an application under section 43B of the 1980 Act , a reference to the time when he appears before the court on the hearing of that application;
b
in a case where that person appears or is brought before the court in pursuance of section 5B of the Bail Act 1976 and the decision which is to be, or has been, reconsidered under that section is the decision of a constable, a reference to the time when he so appears or is brought; and
c
in any other case, a reference to the time when first he appears or is brought before the court on an information charging him with that offence.
.
3
In regulation 6 (bail on expiry of Crown Court custody time limit), in paragraph (6), after the word “shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape),”.
4
In regulation 8 (application of Bail Act 1976), in paragraph (2) —
a
in sub-paragraph (a) the subsection inserted in section 3 of the Bail Act 1976 shall be renumbered (10A); and
b
in sub-paragraph (b) the subsection inserted in section 4 of that Act shall be renumbered (8A).
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1995 and shall come into force at 20.00 hours on 4th July 1995.
2
In this Order “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis , and “relevant time” means one minute past midnight on 4th July 1995.
Designated circumstances
2
In the opinion of the Secretary of State, scallops 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 scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops 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 scallops 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 scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops 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 Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
4th July 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Teesside Tertiary College (Government) Regulations 1995 and shall come into force on 15th June 1995.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Teesside Tertiary College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1995 and shall come into force on 1st June 1995.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendments relating to height
3
In regulation 9, paragraphs (2), (2A) and (3) shall be omitted.
Amendments relating to diameter of wheels, power to weight ratio and noise limits
4
Regulations 21, 45 and 58 shall be omitted.
Consequential amendments
5
1
In regulation 4(4), in items 2, 3 and 4 of the Table, the expression “9(2),” shall be omitted.
2
For the heading “Exceptions to regulations 55 to 58” immediately preceding regulation 59 there shall be substituted “Exceptions to regulations 55 to 57B”.
3
In regulation 59, for “57A, 57B and 58” there shall be substituted “57A and 57B”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
1st May 1995


text:
Title, extent and commencement
1
These Regulations may be cited as The Apple Orchard Grubbing Up (Amendment) Regulations 1995, shall apply throughout Great Britain and shall come into force on 13th January 1995.
Amendment to the Apple Orchard Grubbing Up Regulations
2
In the definition of “the Commission Regulation” in regulation 2(1) of the Apple Orchard Grubbing Up Regulations 1991 , the words “and as read with Commission Regulation ( EC ) No. 3149/94 ” shall be inserted at the end.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
11th January 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
11th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal London Homoeopathic Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 17th May 1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the Trust” means the Royal London Homoeopathic Hospital 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 31st October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995


text:
Title and Commencement
1
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) (No. 2) Order 1995 and shall come into force on 4th April 1995.
2
The European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) Order 1995 is hereby revoked.
Interpretation
2
1
In this Order —
“the Pensions Act 1993 ” means the Pension Schemes Act 1993 ;
“the Taxes Act 1988 ” means the Income and Corporation Taxes Act 1988 ;
“the 1993 Regulations ” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 ;
“the principal Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994 ;
“approved scheme” means a retirement benefits scheme approved under Chapter I, Part XIV of the Taxes Act 1988;
“the AVC scheme ” means the European Parliamentary (United Kingdom Representatives) Pensions Additional Voluntary Contributions Scheme set out in this Order;
“Class A contributor” means any contributor who joined the principal scheme on or after 1st June 1989 or any Class B contributor who has elected to become a Class A contributor ;
“Class B contributor” means any contributor who joined the principal scheme on or after 17th March 1987 and before 1st June 1989 and has not elected to become a Class A contributor;
“Class C contributor” means any contributor who joined the principal scheme before 17th March 1987;
“contribution”, except in article 5(3), includes a transfer value;
“contributor” means a person admitted to participation in the AVC scheme in accordance with article 4(1);
“death in service benefits” are benefits payable in respect of a contributor who dies in service;
“dependant” of a contributor means the contributor’s spouse, and any relevant child or children of the contributor as defined by article 14(5) of and Schedule 5 to the principal Order;
“final remuneration” is defined in Schedule 1;
“ FSAVC scheme ” means an additional voluntary contribution scheme which is an approved scheme to which an employer does not contribute;
“index” at any time, means the index of retail prices published in the Central Statistical Office of the Chancellor of the Exchequer, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;
“maximum pension” has the meaning assigned to it by article 11 and Schedule 2;
“permitted maximum” for any tax year means the figure specified for that tax year in an order made under section 590C of the Taxes Act 1988 ;
“personal pension scheme” means a scheme approved under Chapter IV Part XIV of the Taxes Act 1988;
“the principal scheme” means the scheme set out in the principal Order;
“retained benefits” means benefits for a contributor derived from —
a retirement benefits scheme approved or seeking approval under Chapter I Part XIV of the Taxes Act 1988;
a relevant statutory scheme as defined in section 611A of the Taxes Act 1988 ;
a fund to which section 608 of the Taxes Act 1988 applies;
a retirement benefits scheme which has been accepted by the Board of Inland Revenue as “corresponding” for the purposes of section 596(2)(b) of the Taxes Act 1988;
a retirement annuity contract or trust scheme approved under section 620 of the Taxes Act 1988; or
a personal pension scheme (other than an arrangement to which only minimum contributions are paid)
which relates to relevant earnings from the current employment, or previous employment (including a period of self employment whether alone or in partnership);
a transfer payment from an overseas scheme held in a type of arrangement defined in (a) or (d) above;
including such benefits which have been transferred to another scheme, whether or not in the United Kingdom, but excluding such benefits which relate to service with an unassociated employer which is concurrent with service and, in the case of benefits listed in sub-paragraphs (a), (b), (c) and (e) above, excluding benefits in respect of service;
provided that:
if the total of the retained benefits is less than a pension of £260 those retained benefits may be disregarded; and
if the contributor’s earnings in the 12 months after entry to the principal scheme do not exceed one quarter of the permitted maximum, benefits from those sources, other than those transferred into the principal scheme, shall not be classed as retained benefits;
“retained death benefits” shall mean any lump sum benefits payable on the contributor’s death derived from the sources set out in the definition of retained benefits above, but if the total of retained death benefit is less than £2,500 it may be disregarded; provided that benefits representing a return of the contributor’s own contributions plus interest thereon and benefit derived from a return of funds under retirement annuity contracts approved under section 620 of the Taxes Act 1988 or personal pension schemes may be ignored for this purpose;
“retirement benefits” are benefits payable to or in respect of a contributor at or after his retirement;
“retirement benefits scheme” means a scheme within the meaning of section 611 of the Taxes Act 1988;
“the Managers” are the Managers for the time being appointed under article 3(1) of the principal Order;
and other expressions shall have the same meaning as in the principal Order.
2
In this Order, except where the context otherwise requires:
a
a reference to a numbered article or Schedule is a reference to the article of, or the Schedule to, this Order so numbered; and
b
a reference in an article or Schedule to a numbered paragraph is a reference to the paragraph of that article or Schedule so numbered.
Managers and administration
3
1
The provisions of Schedule 1 to the principal Order shall have effect for the purposes of the AVC scheme.
2
This Order sets out arrangements for an AVC scheme whereby participants in the principal scheme may, subject to the approval of the Managers, make contributions for the purpose of securing benefits additional to those which would otherwise be payable to or in respect of such participants pursuant to the principal Order.
3
Benefits under AVC scheme shall be paid by the Treasury in accordance with the provisions of this Order.
4
The Secretary of State shall appoint one or more than one financial institution to receive contributions and to pay benefits under the AVC scheme.
5
The Managers shall be responsible for the discharge of all the duties imposed on the administrator of an AVC scheme under Chapter I of Part XIV of the Taxes Act 1988.
Membership and closing the scheme to new members
4
1
Subject to the provisions of this article, any participant in the principal scheme may become a contributor to the AVC scheme by making written application in such form as the Managers shall require and by having such application accepted.
2
A contributor may not make any contributions to the AVC scheme after he has ceased to be a participant in the principal scheme, but may make a further application under paragraph (1) if he again becomes a participant.
3
The Managers may with effect from such date as they may determine close the AVC scheme to participants in the principal scheme who are not contributors to the AVC scheme at that date.
Contributions
5
1
Subject to paragraph (3) below, a contributor may make contributions to the AVC scheme of such amount, at such times and in such manner as may be authorised by the Managers, with the approval of the institution with which the contributions are to be invested.
2
At such times and in such manner as may be specified by the Managers, the contributor may select —
a
whether his contributions are to be paid in respect of death in service benefits or retirement benefits or both and, if both, how they are to be apportioned; and
b
if the Secretary of State has appointed more than one financial institution under article 3(4), the institution to which his contributions are to be paid.
3
A contributor’s contributions to the AVC scheme in any tax year must not exceed whichever is the smaller of —
a
i
in the case of a single contribution (if permitted by the Managers), such amount determined by the Managers on a basis acceptable to the Board of Inland Revenue which, if the contributor were to leave service immediately after payment, is likely to provide benefits equal to the limits set out in article 11; or
ii
in the case of an annual contribution, such amount determined by the Managers on a basis acceptable to the Board of Inland Revenue which, if maintained at that level until the contributor’s normal retirement date, is likely to provide benefits equal to the limits set out in article 11; and
b
that percentage of the contributor’s total salary which, together with any contributions made by the contributor to any other schemes providing benefits in respect of service, will bring the total of contributions to 15 per cent of that salary, or, in the case of a Class A contributor, where his annual salary exceeds the permitted maximum, to 15 per cent of that permitted maximum.
4
In sub-paragraph 3(b) above, a contributor’s total salary means a Member’s pensionable salary.
5
A transfer value to the AVC scheme shall only be accepted by the Managers if it is from either —
a
a FSAVC scheme, which is not an appropriate personal pension scheme which satisfies the requirements laid down in and prescribed under section 9(5) and sections 26 to 32 of the Pensions Act 1993; or
b
an additional voluntary contributions scheme which is an approved scheme,
provided that, in either case —
i
it is certified by the administrator of that scheme to represent only the realisable value of the contributor’s own contributions to that scheme; and
ii
acceptance will not cause the contributor’s benefits to exceed the limits set out in article 11.
Investment of contributions
6
1
Where a contributor has specified that all or any of his contributions are to be invested to provide retirement benefits, the Managers shall, as soon as practicable and subject to article 5(2)(b), direct the institution appointed under article 3(4) to invest those contributions in the type of investment chosen by the contributor.
2
Without prejudice to the generality of (1) above, the contributor’s contributions may be invested —
a
in an insurance policy or policies taken out with an insurance company, being either —
i
a United Kingdom office or branch of an insurance company to which Part II of the Insurance Companies Act 1982 applies and which is authorised under section 3 or 4 of that Act to carry on ordinary long-term insurance business; or
ii
an EC company as defined by section 2(6) of the Insurance Companies Act 1982 which is lawfully carrying on ordinary long-term insurance business in the United Kingdom; or
b
in a deposit account or accounts with a building society authorised by virtue of Part II of the Building Societies Act 1986 .
3
The investments made in respect of a contributor with an institution may be realised and reinvested at the request of the contributor with that or any other institution appointed under article 3(4), in such amounts, at such times and in such manner as may be specified by the Managers, with the approval of the institutions concerned.
Benefits which may be provided
7
1
Subject to the limits set out in article 11, a contributor shall be entitled to whatever benefits are secured by the contributions paid by him.
2
Permitted death in service benefits are —
a
a lump sum;
b
a return of the contributor’s contributions in respect of retirement benefits to the extent of the total realisable value of the investments made with the contributions paid by the contributor;
c
a pension payable to the contributor’s spouse throughout the remainder of his or her lifetime.
3
Permitted retirement benefits are —
a
on the death of the contributor after retirement, a pension payable to one or more dependants throughout the remainder of their lifetime (save that, in the case of a child who is not incapable within the meaning of article 14(5)(c) of the principal Order, the pension shall only be payable until the child reaches the age of 17 or, if later, until the child ceases to be within his period of full-time education as defined by Schedule 5 to the principal Order); and
b
a pension payable to the contributor throughout the remainder of his lifetime, under which —
i
payments may be guaranteed to be payable for up to 10 years after retirement in any event; or
ii
payments may be guaranteed to be payable for up to 5 years after retirement with any balance in respect of any period between death and the expiry of the period of 5 years being paid in one lump sum on death.
4
Pensions may be level in payment, increase at a fixed rate, or vary in line with the index.
Payment of lump sums on death
8
1
Any lump sum payable on a contributor’s death shall be paid or applied within 2 years of the contributor’s death by the Managers to or for the benefit of any one or more of —
a
any individual nominated by the contributor in writing;
b
the contributor’s dependants, children, parents, grandparents and descendants of such persons; and
c
the contributor’s personal representative.
2
The decision as to which individual or individuals should receive part or all of the lump sum and how much each shall receive shall be at the absolute discretion of the Managers.
3
Any part of the lump sum which has not been so paid or applied within 2 years of the contributor’s death shall be paid to the contributor’s personal representative.
4
For the purposes of this article, a lump sum includes a refund of contributions.
Purchase of pensions on retirement
9
1
At or before the date of his retirement the contributor shall specify in writing to the Managers the retirement benefits to be purchased for or in respect of him.
2
The Managers shall use the value of the contributor’s accrued benefits to purchase the retirement benefits specified under paragraph (1) from the institution appointed by the Secretary of State under article 3(4), or, if more than one such institution has been appointed, from such institution as the contributor may in writing select, being either —
a
a company which is a United Kingdom branch or office of an insurance company to which Part II of the Insurance Companies Act 1982 applies and which is authorised under section 3 or 4 of that Act to carry on ordinary long-term insurance business; or
b
an EC company as defined by section 2(6) of the Insurance Companies Act 1982 which is lawfully carrying on ordinary long term insurance benefits in the United Kingdom; or
c
a friendly society authorised to carry on business under Part IV of the Friendly Societies Act 1992 .
Leaving the AVC scheme
10
1
At any time before any benefits under article 7 are paid, a contributor may cease to participate in the AVC scheme by requiring the Managers (in such manner as may, subject to Chapter IV of Part IV of the Pensions Act 1993, be specified by the Managers) to do one or more of the following as appropriate —
a
to transfer the value of the contributor’s accrued benefits to an approved scheme of a subsequent employer, or to a personal pension scheme subject, in each case, to the scheme being willing to accept the transfer value and meeting the prescribed requirements referred to in section 95(2)(a) and (b) of the Pensions Act 1993 (and in each case the Managers shall certify to the receiving scheme that the whole of the transfer value represents the realisable value of the contributor’s contributions and that all of it must be used to secure a non-commutable pension);
b
to use the value of the contributor’s accrued benefits to purchase one or more insurance policies of the type described in section 95(2)(c) of the Pensions Act 1993;
c
if the contributor’s service, including any service whilst a member of a previous employer’s pension scheme from which a transfer value has been paid to the AVC scheme or the principal scheme, totals less than 2 years, to pay the contributor the value of his accrued benefits after deduction of any tax payable by the Managers.
2
The value of a contributor’s accrued benefits shall be the total realisable value of the investments made with the contributions paid by him.
Maximum benefits
11
1
The lump sum benefit (exclusive of any refund of the contributor’s own contributions plus interest if any) payable under the AVC scheme on the death of a contributor while in service or (having left service with a deferred pension) before the commencement of the contributor’s pension shall not, when aggregated with all like benefits under the principal scheme, personal pension schemes, FSAVC schemes and retained death benefits exceed whichever is appropriate of —
a
4 times final remuneration at the date of death; or
b
4 times final remuneration at the date of leaving service;
and any remuneration in excess of the permitted maximum shall be disregarded.
2
A contributor’s pension when aggregated with any pensions and the pension equivalent of any lump sums under the principal scheme and any pension under a FSAVC scheme in respect of service shall not exceed such maximum pension as is calculated in respect of that contributor in accordance with Schedule 2.
3
Any pensions for dependants, when aggregated with any pension payable to dependants under the principal scheme or under a FSAVC scheme, shall not exceed an amount equal to two-thirds of the maximum pension —
a
payable to the contributor at the date of the contributor’s death (including any pension increases given under paragraph (4) below), or
b
being a deferred benefit, payable to the contributor at normal retirement date, or
c
prospectively payable to the contributor who dies in service had the contributor remained in service up to normal retirement date at the rate of pay in force immediately before the contributor’s death, or
d
prospectively payable to the contributor who dies in service after normal retirement date before taking any benefit under the principal scheme on the basis that the contributor had retired on the day before he died,
and, in whichever case applies, the maximum pension shall be calculated as if the contributor had no retained benefits.
4
Where a contributor chooses as a benefit an index-linked pension, the maximum amount of the pension ascertained in accordance with paragraphs (2) or (3) above may be increased by up to 3 per cent for each complete year, or, if greater, in proportion to any increase in the index which has occurred since payment of the pension commenced.
Surplus monies
12
The Managers shall comply with the requirements of regulation 5 (restriction on discretion to approve — other schemes) of the 1993 Regulations and, where the AVC scheme is the leading scheme in relation to a contributor, with the requirements of regulation 6 (calculation of surplus funds) of those Regulations so far as they concern main schemes.
Surrender at the request of the Secretary of State
13
1
The Secretary of State may require an institution with which contributions have been invested under the AVC scheme to surrender the whole or part of the value of such contributions.
2
If, pursuant to paragraph (1) above the Secretary of State requires a surrender of the whole or part of the value of the contributions, the Managers shall reinvest such contributions in accordance with article 6.
3
If on or before the date when the Secretary of State exercises his right under paragraph (1) above, a request has been received from a contributor under article 6(3), the Managers may give effect to such request.
Taxation
14
Whenever the Managers as administrators of the AVC scheme are liable for any tax in respect of any payment made to any person under this Order, the Treasury shall deduct sums equal in total to such tax from any payments made to such person.
Costs
15
The expenses of establishing and administering the AVC scheme shall be paid out of money provided by Parliament.
Prohibition on assignment or charge on benefits
16
Any assignment (or, in Scotland, assignation) of, or charge on, or any agreement to assign or charge, any benefits payable under the AVC scheme shall be void.
Blatch
Minister of State
Home Office
14th March 1995