type: legislation

jurisdiction: UK

text:
Citation and commencement
1
— ;
1
This Order may be cited as the Chinnor and Princes Risborough Railway (Extension) Order 1995 and shall come into force on 9th October 1995.
2
The Chinnor and Princes Risborough Railway Order 1994 (hereinafter referred to as “the principal Order ”) and this Order may be cited together as the Chinnor and Princes Risborough Railway Orders 1994 and 1995.
Interpretation
2
— ;
1
In this Order, unless the context otherwise requires —
“the Act of 1857 ” means the Wycombe Railway (Extension) Act 1857 ;
“ the Association ” means Chinnor & Princes Risborough Railway Association (Registered Charity No. 1016237) incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Honey Banks, Tring Road, Wendover, Buckinghamshire HP22 6NA;
“ the Board ” means the British Railways Board;
“ the Company ” means Chinnor & Princes Risborough Railway Company Limited incorporated under the Companies Act 1985 and whose registered office is at 37 Lytham Avenue, Watford, Hertfordshire WD1 6XA;
“the enabling Acts ” means the Act of 1857 and The Watlington and Princes Risborough Railway Act 1869 ;
“the new railways” means Railway No. 2 or Railway No. 3 or both of them;
“the principal Order” has the meaning given in article 1 above;
“Railway No. 1” means the railway authorised by the principal Order;
“Railway No. 2” means the Railway No. 2 described in the Schedule to this Order, including all land and works comprised in, or relating to, that railway;
“Railway No. 3” means the Railway No. 3 described in the Schedule to this Order, including all land and works comprised in, or relating to, that railway;
“reference point” means Ordnance Survey National Grid reference point;
“the transfer date”, in relation to Railway No. 2 or Railway No. 3, means the day on which such railway or any part of it is vested in the Association by virtue of an agreement made pursuant to article 4(1) of this Order;
“the undertaker” means the Association or, during the continuance of the lease referred to in article 4 of this Order, the Company.
2
In this Order all directions and distances stated in the description of any railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Application of Regulation of Railways Act 1868
3
In its application to the new railways section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
Transfer of railway to Association; leasing to Company
4
& — ;
1
The Board and the Association may enter into and carry into effect agreements providing for the transfer to and vesting in the Association of the new railways or any part of either of them on such terms and conditions as may be agreed between the Board and the Association.
2
As from the transfer date the Association shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise for the time being in force in respect of the new railways or such part of them as is vested in the Association, with the intent that the Board shall be released from all such obligations.
3
As from the transfer date the Association may lease to the Company any part of the new railways vested in the Association together with the rights, interests, powers, privileges and obligations vested in the Association in accordance with paragraph (2) of this article on such terms and conditions as may be agreed between the Association and the Company.
4
During the continuance of the lease the Company shall to the exclusion of the Association be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Association whether statutory or otherwise as are transferred to or conferred on the Association by or in pursuance of this Order and are for the time being in force in respect of the new railways or such part of them as is comprised in the lease.
Maintenance of approved works etc.
5
1
Where, pursuant to the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the new railways, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the new railways.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Restrictions as to the conveyance of passengers
6
No part of the new railways shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
For protection of National Rivers Authority
7
1
For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the following provisions shall, unless otherwise agreed in writing between the undertaker and the Authority, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any watercourse in, under or through any land held for the purpose of or in connection with the new railways the undertaker shall furnish to the Authority proper and sufficient plans thereof for the approval of the Authority and shall not carry out the said works until the said plans have been approved in writing by the Authority.
b
The approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within two months after such plans have been supplied to the Authority, the Authority has not intimated its disapproval and the grounds of its disapproval it shall be deemed to have approved the plans as supplied.
c
For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purpose of or in connection with the new railways whether constructed under the powers conferred by this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the undertaker shall upon receiving notice from the Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in so doing from the undertaker as a debt due from them to the Authority.
6
Any dispute or difference which may arise between the Authority and the undertaker under this article shall be referred to a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on the application of either party (after notice in writing to the other of them).
7
Any provisions of the Railways Clauses Consolidation Act 1845 applied to the new railways shall be subject to the provisions of this article.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary
Department of Transport
18th September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 1995 and shall come into force on 7th February 1995.
Amendment of regulation 30 of the Occupational Pension Schemes (Contracting-out) Regulations 1984
2
In regulation 30 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 (means of securing guaranteed minimum pensions) —
a
in paragraph (2), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in the case of a policy of insurance or annuity contract, that the policy is taken out, or the contract is entered into, with —
i
an insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on ordinary long-term insurance business as defined in that Act; or
ii
an EC company as defined in section 2(6) of the Insurance Companies Act 1982 falling within paragraph (4) below; or
iii
a friendly society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act provided that the terms of such a policy or such a contract are not capable of being amended, revoked or rescinded.
;
b
after paragraph (3) there shall be inserted the following paragraph —
4
An EC company falls within this paragraph if it —
a
carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with; or
b
provides ordinary long-term insurance in the United Kingdom and such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with in respect of the insurance.
.
Amendment of regulation 1A of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985
3
In the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 for regulation 1A there shall be substituted the following regulation —
Applicants applying to policies of insurance and annuity contracts
1A
1
The requirements referred to in section 19(4)(a)(ii) (requirements applying to policies of insurance or annuity contracts for the purposes of discharging liabilities to guaranteed minimum pensions) are that the insurance policy is taken out or the annuity contract is entered into with an insurance company which is —
a
an insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on ordinary long-term insurance business as defined in that Act; or
b
an EC company as defined in section 2(6) of the Insurance Companies Act 1982 falling within paragraph (2) below.
2
An EC company falls within this paragraph if it —
a
carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with; or
b
provides ordinary long-term insurance in the United Kingdom and such of the requirements of Part I of Schedule 2F to the Insurance Companies Act 1982 as are applicable have been complied with in respect of the insurance.
.
Amendment of the Money Purchase Contracted-out Schemes Regulations 1987
4
In the Money Purchase Contracted-out Schemes Regulations 1987 —
a
in regulation 1(2) —
i
for the definition of “Friendly Society” there shall be substituted the following definition —
“Friendly Society” has the same meaning as in the Friendly Societies Act 1992 (including any society which by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act);
;
ii
for the definition of “recognised Stock Exchange” there shall be substituted the following definition —
“recognised Stock Exchange” means a stock exchange which is a regulated market;
;
iii
after the definition of “recognised Stock Exchange” there shall be inserted the following new definition —
“regulated market” has the meaning assigned to that expression by regulation 44 of the Insurance Companies Regulations 1994 ;
;
b
in the Schedule —
i
in paragraph 1, for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
issued by —
i
an insurance company which is authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on ordinary long-term insurance business as defined in that Act; or
ii
an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with; or
iii
an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which provides ordinary long-term insurance in the United Kingdom provided that such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with in respect of the insurance; or
iv
a Friendly Society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act;
and which are —
;
ii
for paragraph 2, there shall be substituted the following paragaph —
2
The units of —
a
any unit trust scheme which has been authorised under section 78(1) of, or by virtue of paragraph 9 of Schedule 15 to, the Financial Services Act 1986 ; or
b
any undertaking for collective investment in transferable securities which is an undertaking authorised by the competent authority of a member State under Article 4 of Council Directive 85/611/ EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities.
;
iii
in paragraph 9, for the words “not authorised under section 78(1) of, or by virtue of paragraph 9 of Schedule 15 to, the Financial Services Act 1986” there shall be substituted the words “other than a unit trust scheme or an undertaking for collective investment specified in paragraph 2 of this Schedule”.
Amendment of Schedule 3 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987
5
In sub-paragraph 2(a)(i) of Schedule 3 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 for the words “Schedule 13 to the Insurance Companies Regulations 1981” there shall be substituted the words “Schedule 10 to the Insurance Companies Regulations 1994”.
Amendment of regulation 9 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987
6
In regulation 9 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 (insurance companies that may provide protected rights by way of annuities) —
a
for paragraph (a) there shall be substituted the following paragraph —
i
is authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on ordinary long-term insurance business as defined in that Act; or
ii
is an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which carries on ordinary long-term insurance business in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with; or
iii
is an EC company as defined in section 2(6) of the Insurance Companies Act 1982 which provides ordinary long-term insurance in the United Kingdom and has complied with such of the requirements of Part I of Schedule 2F to that Act as are applicable in respect of the insurance; or
iv
is a friendly society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act; and
;
b
at the end of paragraph (b) there shall be added the word “and” and following that paragraph, there shall be added the following new paragraph —
c
here the annuities are issued by a friendly society as described in sub-paragraph (a)(iv) above, the terms of the annuities are not capable of being amended, revoked or rescinded.
.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988
7
In the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 —
a
in regulation 1(2) for the definition of “Friendly Society” there shall be substituted the following definition —
“Friendly Society” has the same meaning as in the Friendly Societies Act 1992 (including any society which by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act);
;
b
in regulation 2 (forms of schemes which may be appropriate schemes), for the words “Chapter II of Part I of the Finance (No.2) Act 1987 or Chapter II of Part II of the Finance Act 1970 by reference to section 20(2)(h) of that Act” and “Chapter II of Part I of the Finance (No.2) Act 1987” there shall be substituted respectively “Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 by reference to section 591(2)(h) of that Act” and “Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988”;
c
in regulation 3 (persons who and bodies which may establish schemes), for paragraph (2) there shall be substituted the following paragraph —
2
This paragraph applies to a Friendly Society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act.
.
Amendment of regulation 6 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
8
In regulation 6 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (means of assuring short service benefit) —
a
in paragraph (3), at the end, there shall be added the words “provided the terms of such policy or contract are not capable of being amended, revoked or rescinded”;
b
in paragraph (4), for the definitions of “friendly society” and of “authorised friendly society” there shall be substituted respectively the following definitions —
“friendly society” has the same meaning as in the Friendly Societies Act 1992 (including any society which by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act);
; and
“authorised friendly society” means a friendly society which is authorised under section 32 of the Friendly Societies Act 1992 to carry on long term business under any of the Classes specified in Head A of Schedule 2 to that Act.
.
Revocation of the Occupational Pension Schemes (Friendly Societies) Regulations 1976
9
The Occupational Pension Schemes (Friendly Societies) Regulations 1976 are revoked.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
11th January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1995 and shall come into force on 1st January 1996.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations —
“ AIP ” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication”or “AIP”and published by a public authority of that country;
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ ECUs ” means European Currency Units being units of account defined by reference to more than one currency;
“ FIR ” means “Flight Information Region”;
“specified airspace” means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Charge to be paid to Eurocontrol
4
1
Subject to the provisions of these Regulations the operator of an aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.
2
If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in ECUs.
2
Without prejudice to any existing rule of law relating to the recovery of a debt expressed in ECUs, the equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
3
If the amount of the charge payable under regulation 4(l) is not paid by the operator of the aircraft within 24 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 8.69%.
5
Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in ECUs or at places other than the principal office of Eurocontrol.
Calculation of the Charge
6
1
Except in the case of flights specified in regulation 7 of these Regulations, the charge shall be calculated in ECUs according to the following formula —
r = N × U
where
r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula —
N = d × p
where
d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph —
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraph (6) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are —
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of entry into that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.
5
The standard points of entry and exit referred to in paragraph (4) of this regulation are the points, as described in the United Kingdom Air Pilot or relevant AIP as the case may be, where the median line of the appropriate airway or upper Air Traffic Service route so described crosses the boundary of the airspace in question.
For the purposes of this paragraph, the appropriate airway or route, in the case of a flight made between 1st January and 31st December in any year, shall be —
the airway or route between the aerodrome of departure and the aerodrome of first destination which appears to Eurocontrol on 1st January of that year to be the most frequently used such airway or route; or
if Eurocontrol is unable to ascertain on 1st January of that year which such airway or route is the most frequently used, the shortest such airway or route:
Provided that in the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column 1 of Schedule 3 to these Regulations but that aerodrome is not specified in column 2 of the said Schedule the point of entry into or, as the case may be, of exit from the said airspace shall be the actual point where the flight in question crosses the lateral limits of that airspace as described in the United Kingdom Air Pilot or relevant AIP as the case may be.
6
The weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type:
Provided that where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.
7
The charge in relation to a flight which enters a specified airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column 2 of Schedule 3 hereto and the aerodrome of the first destination or the aerodrome of departure, as the case may be, is situated in any one of the zones specified in column 1 of that Schedule shall be calculated in ECUs according to the following formula —
C = Z × p
where
C is the charge payable, Z is the charge specified in column 3 of the said Schedule (appropriate to the maximum total weight authorised of 50 metric tonnes) increased or decreased as the case may be by the same percentage as the relevant national currencies have increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of Schedule 2 hereto in relation to that airspace and p is the weight factor of the aircraft concerned determined in accordance with regulation 6(3)(b) and 6(6) of these Regulations.
8
1
For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be —
a
where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and
b
where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.
2
a
Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
b
Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Exempt Flights
9
These Regulations shall not apply to the following flights —
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5700kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air Regulations 1991 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made by aircraft which are used in the service of a State (including for customs or police purposes) and which are not made for commercial purposes;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of the instruction or testing of flight crew within the specified airspace of the United Kingdom;
viii
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
ix
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500; N6300 E/W00000;
and thence south by the Median Line to N5500 E00302;
x
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
10
Where default is made in the payment of the charges incurred in respect of any aircraft under these Regulations Eurocontrol may request the CAA to act on behalf of Eurocontrol in accordance with the provisions of regulations 11 to 14.
11
Where such a request has been made, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days after the date when the detention begins, the CAA may sell, subject to the following regulations, the aircraft on behalf of Eurocontrol in order to satisfy the charges.
12
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of the charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
a
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of default.
b
In this regulation, “the court” means, as respects England, Wales and Northern Ireland, the High Court, and as respects Scotland, the Court of Session.
14
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under regulation 13 above, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 4 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any interest on unpaid charges incurred in respect of any aircraft which the court has found to be due from the operator by virtue of these Regulations;
e
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 11 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Londonderry (Eglinton) Airport.
19
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, or interest on unpaid charges, by action.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
6th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Medicines Act 1968 (Amendment) Regulations 1995 and shall come into force on 29th September 1995.
Amendment
2
In section 96 of the Medicines Act 1968 (advertisements and representations directed to practitioners) , after subsection (6) there is inserted the following subsection —
7
Nothing in this section applies in relation to a relevant medicinal product, as defined by paragraph (1) of regulation 2 of the Medicines (Advertising) Regulations 1994 , in respect of which there is required to exist a summary of product characteristics as defined by that paragraph.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
5th September 1995
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
4th September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Non–Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1995 and shall come into force on 31st March 1995.
Amendments to the 1993 Regulations
2
1
Subject to paragraphs (2) and (3), the Non–Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with regulations 3 to 21 of these Regulations.
2
The amendments made by regulation 3 shall apply in respect of a proposal made on or after 1st April 1995 to alter a list compiled on 1st April 1990.
3
The amendments made by regulations 4 to 18 and 21 of these Regulations shall apply in respect of a proposal to alter a list compiled on or after 1st April 1995.
The making of proposals in relation to the 1990 list
3
1
In regulation 4(4), after “rateable value”, insert “or any other information” and, for “the alteration of that value”, substitute “an appropriate alteration”.
2
For regulation 5(1)(d)(iii), substitute —
iii
if it is believed that, by reason of a decision in relation to another hereditament of a valuation tribunal or the Lands Tribunal or of a court determining an appeal or an application for review from either such tribunal, the rateable value or any other information shown in the list is inaccurate, the information specified in paragraph (1A);
.
3
After regulation 5(1), insert the following —
1A
The information required by paragraph (1)(d)(iii) is —
a
the identity of the hereditament to which the decision relates;
b
the name of the tribunal or court which made the decision;
c
the date of the decision;
d
the reasons for believing that the decision is relevant to the rateable value or other information to which the proposal relates; and
e
the reasons for believing, in the light of the decision, that the rateable value or other information to which the proposal relates is inaccurate.
.
Circumstances and periods in which proposals may be made
4
Omit regulation 4 and insert the following —
Circumstances in which proposals may be made
4A
1
The grounds for making a proposal to alter a list are as follows —
a
the rateable value shown in the list for a hereditament was inaccurate on the day the list was compiled;
b
the rateable value shown in the list for a hereditament is inaccurate by reason of a material change of circumstances which occurred on or after the day on which the list was compiled;
c
the rateable value shown in the list for a hereditament by reason of an alteration made by a valuation officer is or has been inaccurate;
d
the rateable value or any other information shown in the list for a hereditament is shown, by reason of a decision in relation to another hereditament of a valuation tribunal, the Lands Tribunal or a court determining an appeal or application for review from either such tribunal, to be or to have been inaccurate;
e
the day from which an alteration is shown in the list as having effect is wrong;
f
a hereditament not shown in the list ought to be shown in that list;
g
a hereditament shown in the list ought not to be shown in that list;
h
the list should show that some part of a hereditament which is shown in the list is domestic property or is exempt from non–domestic rating but does not do so;
i
the list should not show that some part of a hereditament which is shown in the list is domestic property or is exempt from non–domestic rating but does so;
j
property which is shown in the list as more than one hereditament ought to be shown as one or more different hereditaments;
k
property which is shown in the list as one hereditament ought to be shown as more than one hereditament;
l
the address shown in the list for a hereditament is wrong;
m
the description shown in the list for a hereditament is wrong; and
n
any statement required to be made about the hereditament under section 42 of the Act has been omitted from the list.
2
Subject to paragraphs (5) and (6), an interested person may make a proposal where he has reason to believe that any of the grounds set out in paragraph (1) exists.
3
Subject to paragraph (6), a relevant authority may make a proposal where it has reason to believe that any of the grounds set out in sub–paragraphs (b), (d) and (f) to (i) of paragraph (1) exists.
4
Subject to paragraphs (5) and (6), a person who is not an interested person may make a proposal where he has reason to believe that either of the grounds set out in sub–paragraph (c) or (e) of paragraph (1) exists if he was an interested person at any time during which the alteration in question had effect.
5
No proposal may be made on the grounds set out in paragraph (1)(c) to the extent that the alteration in question gives effect to the decision of a valuation tribunal, the Lands Tribunal or a court determining an appeal or an application for a review from either such tribunal in relation to the hereditament concerned.
6
No proposal may be made, other than on the grounds set out in sub–paragraph (d) of paragraph (1), where a proposal to alter the same list in relation to the same hereditament and arising from the same facts has been considered and determined by a valuation tribunal (otherwise than as mentioned in regulation 40(4)) or, on appeal under regulation 47, by the Lands Tribunal.
Periods in which proposals may be made
4B
1
Subject to paragraphs (2) to (4), a proposal to alter a list compiled on or after 1st April 1995 may be made at any time before the first anniversary of the compilation of the next list.
2
A proposal on the grounds set out in regulation 4A(1)(c) may be made at any time before the first anniversary of the compilation of the next list or the first anniversary of the alteration in question, whichever is the later.
3
A proposal on the grounds set out in regulation 4A(1)(d) may be made at any time before the first anniversary of the compilation of the next list or the first anniversary of the decision in question, whichever is the later.
4
A proposal on any of the grounds set out in sub–paragraphs (e) to (n) of regulation 4A(1) made to correct an inaccuracy which arose in the course of making a previous alteration may be made at any time before the first anniversary of the compilation of the next list or the first anniversary of the alteration in question, whichever is the later.
.
Manner of making proposals and information to be included
5
Omit regulation 5 and insert the following —
5A
1
A proposal to alter a list shall be made by notice in writing served on the valuation officer which shall —
a
state the name and address of the proposer and the capacity in which he makes the proposal;
b
identify the property to which the proposal relates;
c
identify the respects in which it is proposed that the list be altered; and
d
include —
i
a statement of the grounds for making the proposal and, in the case of a proposal made on any of the grounds set out in paragraphs (1)(a) or (f) to (k) of regulation 4A, a statement of the reasons for believing that those grounds exist;
ii
in the case of a proposal made on the grounds set out in regulation 4A(1)(b), a statement of the nature of the change in question and of the date on which the proposer believes the change occurred;
iii
in the case of a proposal made on the grounds set out in regulation 4A(1)(c) or in the circumstances set out in regulation 4B(4), a statement identifying the alteration in question, whether by reference to the day on which the alteration was made or otherwise;
iv
in the case of a proposal made on the grounds set out in regulation 4A(1)(d), the information specified in paragraph (2); and
v
in the case of a proposal made on the grounds set out in regulation 4A(1)(e), a statement of the day proposed in place of the day shown in the list.
2
The information required by paragraph (1)(d)(iv) is —
a
the identity of the hereditament to which the decision in question relates;
b
the name of the tribunal or court which made the decision;
c
the date of the decision;
d
the reasons for believing that the decision is relevant to the rateable value or other information to which the proposal relates; and
e
the reasons for believing, in the light of the decision, that the rateable value or other information to which the proposal relates is inaccurate.
3
A proposal may deal with more than one hereditament only —
a
if it is made on the grounds set out in sub–paragraphs (j) or (k) of regulation 4A(1); or
b
where the person making the proposal does so in the same capacity as respects each hereditament and each hereditament is within the same building or the same curtilage.
4
A proposal made on the grounds set out in sub–paragraphs (c) or (e) of regulation 4A(1) may include a request for either or both of the following —
a
the restoration of the list to its state before the alteration was made; and
b
a further alteration of the list in respect of the hereditament.
.
Proposals treated as invalid
6
In regulation 7(3) and (4), for “regulation 4”, substitute “regulation 4B”.
Proposals agreed by valuation officer
7
For regulation 9, substitute the following —
9
Where the valuation officer is of the opinion that a proposal is well–founded, he shall as soon as reasonably practicable alter the list accordingly.
.
Withdrawal of proposals
8
In regulation 10(3)(a), for “three months”, substitute “two months”.
Agreed alterations following proposals
9
1
In regulation 11(1)(a) and (4), for “six weeks”, substitute “two weeks”.
2
In regulation 11(2)(e)(ii) and (4), for “three months”, substitute “two months” in each place where it occurs.
Disagreement as to proposed alteration
10
In regulation 12(1), for “six months”, substitute “three months”.
Advertising rights
11
In regulation 14(2), for “regulation 4(4)”, substitute “a proposal made on the grounds set out in regulation 4A(1)(b)”.
Notification of alteration
12
1
In regulation 18(1), for “six weeks”, substitute “four weeks”.
2
For regulation 18(2), substitute the following —
2
Subject to paragraph (3), no later than the day on which notice is served under paragraph (1) the valuation officer shall serve notice on the ratepayer and on any current proposer as defined in paragraph (4) stating —
a
the effect of the alteration; and
b
subject to paragraph (3A), the effect of the application of this Part, and of Part VI, in relation to the alteration.
.
3
In regulation 18(3), delete sub–paragraphs (a), (b) and (e) and “or” after sub– paragraph (d) and insert “or” after sub–paragraph (c).
4
After regulation 18(3), insert the following —
3A
Paragraph (2)(b) does not apply in relation to an alteration effected for reflecting —
a
a decision of the valuation officer that a proposal is well–founded;
b
a decision, in relation to the hereditament which is the subject of the proposal, of a valuation tribunal or the Lands Tribunal or of a court determining an appeal or an application for review from either such tribunal; or
c
an agreement under regulation 11.
.
Central rating lists: hereditaments in conventional assessment
13
1
For the heading to Part III and the words in regulation 19(1) up to and including the words “relevant pipe–lines”), substitute —
ALTERATION OF CENTRAL RATING LISTS: RELEVANT HEREDITAMENTS
Relevant hereditaments
19
1
In relation to a hereditament (in this regulation referred to as a “relevant hereditament”) which is required by regulations under section 53 of the Act to be shown in a central non–domestic rating list and which does not fall within a description of hereditaments whose rateable value is specified in, or determined in accordance with rules prescribed by, an order under paragraph 3(2) of Schedule 6 to the Act,
.
2
In regulation 19(1) after “paragraphs” insert “(2A),”.
3
In regulation 19(1)(c), delete “, being hereditaments consisting of relevant pipe– lines”.
4
For regulation 19(2), substitute the following —
2
The regulations are regulations 4A (except sub–paragraphs (j) and (k) of paragraph (1) and paragraph (3)), 4B, 5 to 7, 8(1)(a) and (2), 9 to 11, 12, 13(1), (2) (except paragraph (2)(a)(iv)) and (5) to (9), 15 to 17 and 18 (except paragraph (3)(d)).
.
5
After regulation 19(2), insert the following —
2A
Regulation 4A(1)(n) shall apply as if the reference to section 42 of the Act were a reference to section 53.
.
6
In regulation 19(5), for “a relevant pipe–line”, substitute “a relevant hereditament”.
7
In regulation 19(6), for “pipe–line”, substitute “hereditament to which the alteration or proposed alteration relates”.
Hereditaments in prescribed assessment: notification of alteration
14
1
In regulation 23(1), for “six weeks”, substitute “four weeks”.
2
In regulation 23(2), for “within six weeks of forming that opinion”, substitute “as soon as reasonably practicable”.
Hereditaments in prescribed assessment: circumstances in which proposals may be made
15
In regulation 24(3), for “six weeks”, substitute “two weeks”.
Hereditaments in prescribed assessment: proposals agreed by central valuation officer
16
For regulation 25, substitute the following —
25
Where the central valuation officer is of the opinion that a proposal is well– founded, he shall as soon as reasonably practicable alter the list accordingly.
.
Hereditaments in prescribed assessment: agreed alterations following proposals
17
In regulation 27(a), for “six weeks”, substitute “two weeks”.
Hereditaments in prescribed assessment: disagreement as to proposed alteration
18
In regulation 28(1), for “six months”, substitute “three months”.
Appeals
19
Insert “of these Regulations or under regulation 36 of the Non–Domestic Rating (Chargeable Amounts) Regulations 1994 ” —
a
in regulation 34(5), after “regulation 30(1)”; and
b
in regulations 2(1) and (3)(a), 38(1)(b), 40(12), 44(2) and 47(1), after “30” in each place where it occurs.
20
In regulation 44(2), at the end, insert “or any certification given by him for the purposes of the Non–Domestic Rating (Chargeable Amounts) Regulations 1994, as the case may be”.
21
In regulation 44(3), for “six weeks”, substitute “two weeks”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
7th March 1995


text:
Citation and commencement
1
1
This Order may be cited as the South Eastern Combined Fire Services Area Administration Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The South Eastern Combined Fire Services Area Administration Scheme 1995
2
The South Eastern Combined Fire Services Area Administration Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Manchester Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th August 1995.
2
In this Order —
“the Authority” means the Manchester Health Authority;
“the Trust” means the North Manchester Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th July 1995


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995.
2
1
Subject to paragraphs (2) and (3) below, the provisions of the Criminal Justice and Public Order Act 1994 (“the 1994 Act ”) referred to in the left–hand column of Schedule 1 to this Order (which relate to the matters described in the right–hand column of that Schedule) shall come into force on 3rd February 1995.
2
Schedule 2 (transitional provisions) shall have effect in relation to the coming into force of the provisions of the 1994 Act specified therein.
3
The coming into force on 3rd February 1995 of section 134(3) of the 1994 Act shall have effect only for the purpose of the making of rules under section 18(3A) of the Prisons (Scotland) Act 1989 , and the said section 134(3) shall otherwise come into force on 1st June 1995.
3
1
Subject to the following provisions, this Order extends to England and Wales only.
2
So far as relating to the following provisions of the 1994 Act, namely sections 47(3), 49, 64(1) to (3), 66(6) and (10) to (13), 67(3), (4), (5), (8) and (9), 157(1), 163, 169 and 170, this Order also extends to Scotland.
3
So far as relating to the following provisions, namely sections 88, 91 and 92, 136 to 141, 157(2), (3), (4), (5) and (9), 161, 162, 164 and 168, this Order extends to the United Kingdom.
4
So far as relating to sections 102(1) to (3), 104, 105 and 117, so far as those provisions relate to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, this Order extends to that part of those Islands, but otherwise so far as relating to Chapter II of Part VIII this Order extends to Scotland only.
5
So far as relating to the following provisions, namely sections 47(4), 84(5) to (7), 87, Part IX, sections 152(2), 153, 157(7) and section 160(2), this Order extends to Scotland only.
6
So far as relating to the following provisions, namely sections 84(8) to (11), 85(4) to (6), 86(2) and 157(8), this Order extends to Northern Ireland only.
7
So far as relating to the amendment, repeal or revocation of any enactment by Schedule 9, 10 or 11, this Order has the same extent as that amendment, repeal or revocation.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
19th January 1995


text:
1
This Order may be cited as the A65 Trunk Road (Chelker Bends Improvement) Order 1995 and shall come into force on 1st April 1995.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
(b) (i) “the main new road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order; (ii) “the new trunk road” means the main new road; (iii) “the plan” means the plan numbered HA10/YHNMD/19 marked “The A65 Trunk Road (Chelker Bends Improvement) 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 3EY; and
3
The main new road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director Yorkshire and Humberside Network Management Division The Highways Agency
15th February 1995


text:
1
These Regulations may be cited as the Education (Special Educational Needs) (Amendment) Regulations 1995 and shall come into force on 14th August 1995.
2
1
The Education (Special Educational Needs) Regulations 1994 shall be amended as follows.
2
In regulation 3(a) after the words “qualified teacher” there shall be inserted the words “within the meaning of section 218 of the Education Reform Act 1988 ”.
3
In regulation 7(2) for the words “in paragraph (1)” there shall be substituted the words “in paragraph (1)(a) to (c)”.
4
In regulation 21(10)(a) and (b) for the words “commenced after 1st September 1994” in both places where they occur there shall be substituted the words “to which regulations 15 to 17 apply”.
Gillian Shephard
Secretary of State for Education
3rd July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non–Domestic Rating (Chargeable Amounts) (Amendment) Regulations 1995 and shall come into force on the day after the day on which they are made.
2
In these Regulations “the 1994 Regulations ” means the Non–Domestic Rating (Chargeable Amounts) Regulations 1994 .
Amendment of the 1994 Regulations
2
1
The 1994 Regulations are amended in accordance with the following paragraphs.
2
In regulation 1(2), for the definition of “recalculation factor” substitute —
“recalculation factor”, as respects a class of hereditaments and a year, means the factor in the rateable value order for recalculating the rateable value in respect of that class for that year;
“1994 recalculation factor”, as respects a class of hereditaments, means the factor in the rateable value order which applied for that class for the financial year beginning on 1st April 1994 for recalculating the rateable value in respect of that class for that year;
“1995 recalculation factor”, as respects a class of hereditaments, means the factor which would have applied in respect of the class of hereditaments for recalculating the rateable value in respect of that class for the relevant year beginning on 1st April 1995 if the rateable value order which applied for that class for the financial year beginning on 1st April 1994 were in force on 1st April 1995, and the provisions in that order as to annual recalculation had extended to the relevant year beginning in 1995;
.
3
In regulation 30(1), for the formula, substitute —
( A - ( RF - rf ) ) × B
4
In regulation 30(2) for “recalculation factor” substitute “1995 recalculation factor” and at the end insert —
rf is the 1994 recalculation factor for the class of hereditaments (subject to the provisions of paragraph (3))
.
5
For regulation 30(3) substitute —
3
In a case where paragraph (4) applies, the 1994 recalculation factor and 1995 recalculation factor for each class of hereditaments shall be taken to be the factor which would have applied in respect of the class of hereditaments for recalculating the rateable value in respect of that class for the year beginning on 1st April in the year in question if the rateable value order which applied for the class of hereditaments mentioned in paragraph (4)(a) applied to the class in question and the provisions in that order as to annual recalculation had extended to the year in question.
.
6
In regulation 34(5)(c), for the formula, substitute —
( A - ( RF - rf ) )
7
In paragraphs 4(1) and 8(1) of Schedule 3, for the formula, substitute in each case —
( A - ( RF - rf ) + SJ ) × B
8
In paragraph 4(2) of Schedule 3 for “recalculation factor” substitute “1995 recalculation factor” and, at the end, insert —
e
rf is the 1994 recalculation factor for the former class.
.
9
In paragraph 5(1) of Schedule 3, for the formula
( BL × AF ) C × ( A - RF ) ( A - RF + SJ )
substitute
( BL × AF ) C × ( A - ( RF - rf ) ) ( A - ( RF - rf ) + SJ )
10
In paragraphs 5(2) and 9(2) of Schedule 3, after “RF”, insert in each case “, rf”.
11
In paragraph 8(2) of Schedule 3 for “recalculation factor” substitute “1995 recalculation factor” and at the end insert —
rf is the 1994 recalculation factor for the former class.
.
12
In paragraph 9(1) of Schedule 3, for the formula
( BL × AF ) C × J ( A - RF + SJ )
substitute
( BL × AF ) C × J ( A - ( RF - rf ) + SJ )
13
In paragraph 4 of Schedule 4, after “RF” insert “and rf”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
30th March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th March 1995


text:
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 3) Regulations 1995 and shall come into force on 25th May 1995.
2
In regulation 54(4) of the Income Tax (Employments) Regulations 1993 for the words from “for the purposes of” to the end there shall be substituted the words “for the purposes of proceedings under sections 65, 66 and 67 of the Management Act .”.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
4th May 1995


text:
1
1
This Order may be cited as the Magistrates' Courts Committees (Clwyd and Gwynedd) Amalgamation Order 1995 and shall come into force for the purposes of articles 2 and 4 on 1st April 1996 and for all other purposes on 30th September 1995.
2
Any reference in this Order to a preserved county shall be interpreted in accordance with the Local Government Act 1972 as amended by the Local Government (Wales) Act 1994 .
2
The magistrates' courts committees for the two areas of Clwyd and Gwynedd shall be abolished.
3
There shall be constituted as a body corporate a new magistrates' courts committee which shall be known as the North Wales magistrates' courts committee (or in Welsh as Pwyllgor Llysoedd Ynadon Gogledd Cymru).
4
The area of the North Wales magistrates' courts committee shall consist of the two preserved counties of Clwyd and Gwynedd.
5
The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of articles 2 and 3 of this Order.
Mackay of Clashfern, C.
Dated 6th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dumfries and Galloway Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Dumfries and Galloway Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
persons, not exceeding 7 in number, to be nominated by the council for the local government area of Dumfries and Galloway to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 1995 and shall come into force on 1st March 1995.
2
Schedule 10 to the Value Added Tax Act 1994 shall be amended in accordance with articles 3 to 9 of this Order.
3
In paragraph 2 —
a
after sub-paragraph (2)(b) there shall be inserted the following —
c
a pitch for a residential caravan;
d
facilities for the mooring of a residential houseboat.
;
b
in sub-paragraph (7) after the words “31st July 1989” there shall be inserted “if”.
4
In paragraph 3 —
a
In sub-paragraph (3) for the words “parades, precincts and complexes divided into separate units” there shall be substituted “complexes consisting of a number of units grouped around a fully enclosed concourse”;
b
for sub-paragraphs (4), (5) and (6) there shall be substituted the following —
4
Subject to sub-paragraph (5) below, an election under paragraph 2 above shall be irrevocable.
5
Where —
a
the time that has elapsed since the day on which an election had effect is —
i
less than 3 months; or
ii
more than 20 years;
b
in a case to which paragraph (a)(i) above applies —
i
no tax has become chargeable and no credit for input tax has been claimed by virtue of the election; and
ii
no grant in relation to the land which is the subject of the election has been made which, by virtue of being a supply of the assets of a business to a person to whom the business (or part of it) is being transferred as a going concern, has been treated as neither a supply of goods nor a supply of services; and
c
the person making the election obtains the written consent of the Commissioners;
the election shall be revoked, in a case to which paragraph (a)(i) above applies, from the date on which it was made, and in a case to which paragraph (a)(ii) above applies, from the date on which the written consent of the Commissioners is given or such later date as they may specify in their written consent.
6
An election under paragraph 2 above shall have effect after 1st March 1995 only if —
a
in the case of an election made before that date —
i
it also had effect before that date; or
ii
written notification of the election is given to the Commissioners not later than the end of the period of 30 days beginning with the day on which the election was made, or not later than the end of such longer period beginning with that day as the Commissioners may in any particular case allow, together with such information as the Commissioners may require;
b
in the case of an election made on or after that date —
i
written notification of the election is given to the Commissioners not later than the end of the period of 30 days beginning with the day on which the election is made, or not later than the end of such longer period beginning with that day as the Commissioners may in any particular case allow, together with such information as the Commissioners may require; and
ii
in a case in which sub-paragraph (9) below requires the prior written permission of the Commissioners to be obtained, that permission has been given.
;
c
after sub-paragraph (7) there shall be inserted —
7A
In paragraph 2 above —
a
“houseboat” means a houseboat within the meaning of Group 9 of Schedule 8; and
b
a houseboat is not a residential houseboat if residence in it throughout the year is prevented by the terms of a covenant, statutory planning consent or similar permission.
;
d
in sub-paragraph (9) after the word “unless” there shall be inserted “the conditions for automatic permission specified in a notice published by the Commissioners are met or”.
5
Paragraph 4 shall be deleted.
6
In paragraph 5 —
a
for sub-paragraph (1) there shall be substituted —
1
Paragraph 6 below shall apply —
a
on the first occasion during the period beginning with the day when the construction of a building or work within sub-paragraph (2) below is first planned and ending 10 years after the completion of the building or work on which a person who is a developer in relation to the building or work —
i
grants an interest in, right over or licence to occupy the building or work (or any part of it) which is an exempt supply; or
ii
is in occupation of the building, or uses the work (or any part of it) when not a fully taxable person (or, if a person treated under section 43 as a member of a group when the representative member is not a fully taxable person); or
b
if construction commenced before 1st March 1995 and the period referred to in paragraph (a) above has not then expired, on 1st March 1997;
whichever is the earlier.
;
b
in sub-paragraph (2) after the words “sub-paragraph (3)” there shall be inserted “and (3A)”;
c
in sub-paragraph 3(a) after the words “1st August 1989” there shall be inserted “or after 28th February 1995”;
d
after sub-paragraph (3) there shall be inserted —
3A
A building or work which would, apart from this sub-paragraph, fall within sub-paragraph (2) above is not within that sub-paragraph if —
a
construction of it was commenced before 1st March 1995 but had not been completed by that date; and
b
the developer —
i
makes no claim after that date to credit for input tax, entitlement to which is dependent upon his being treated in due course as having made a supply by virtue of paragraph 6 below; and
ii
has made no such claim prior to that date; or
iii
accounts to the Commissioners for a sum equal to any such credit that has previously been claimed.
;
e
in sub-paragraph (4)(a) after the words “supplies to, and” there shall be inserted “acquisitions and”;
f
in sub-paragraph (8)-(i) for the words “sub-paragraphs (1), (2) and (4) to (7)” there shall be substituted “sub-paragraphs (1), (2) and (3A) to (7)”; and
ii
after the words “1st January 1992” in paragraphs (a), (b) and (c) respectively there shall be inserted “and before 1st March 1995”;
g
in sub-paragraph (10) for the words “sub-paragraphs (4) to (7)” there shall be substituted “sub-paragraphs (3A) to (7)”.
7
In paragraph 6 —
a
in sub-paragraph (7) for the words “sub-paragraphs (4) to (7)” there shall be substituted “sub-paragraphs (3A) to (7)”; and
b
after sub-paragraph (8) there shall be added —
9
Where this paragraph applies by virtue of paragraph 5(1)(b) above it shall have effect as if —
a
in sub-paragraph (1) —
i
the words “(or any part of it)” were omitted; and
ii
for the words “the last day” to “ready for occupation or use” there were substituted “1st March 1997”;
b
in sub-paragraph (2)(a) the words “or to be made” and the words “to be made” were omitted;
c
in sub-paragraph (2)(b) the words “or to be made” were omitted; and
d
sub-paragraph (5) were omitted.
.
8
In paragraph 7 after the words “paragraph 6(1) above” there shall be inserted “(except where that paragraph applies by virtue of paragraph 5(1)(b))”.
9
In paragraph 9 —
a
for the words “Notes (1) to (6) and Note (10)” there shall be substituted “Notes (1) to (6), (10), (12) and (19)”;
b
for the words “Notes (1) and (2)” there shall be substituted “Notes (1), (1A), (2) and (15)”.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1995


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


text:
1
These Regulations may be cited as the Education (Payment for Special Educational Needs Supplies) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
2
Regulation 2(2) of the Education (Payment for Special Educational Needs Supplies) Regulations 1994 shall be amended as follows —
a
at the beginning of sub-paragraph (a)(ii) there shall be inserted the words “in relation to a local education authority in Wales,”;
b
there shall be inserted a new sub-paragraph (a)(iii) as follows —
iii
in relation to a local education authority in England, is included in Part 1 of the authority’s budget statement for the financial year immediately preceding the financial year in question as part of planned expenditure on special educational provision for pupils with special educational needs other than —
A
expenditure on making the special educational provision for pupils with statements of special educational needs specified in their statements made under section 168 of the Act;
B
expenditure on services provided by education welfare officers and education social workers;
C
expenditure on services provided by educational psychologists in observing, working with and assessing pupils with special educational needs, in advising such pupils, their parents and their teachers, and in providing training to teachers; and
D
expenditure in connection with a local education authority’s duties to make assessments of, and to make, maintain and review statements for, children with special educational needs, under sections 5, 7 and 8 of, and Schedule 1 to, the Education Act 1981 (as they continue to have effect by virtue of Schedule 4 (transitional provisions) to the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994 ) or sections 167 to 170 and 172 to 174 of the Act; or;
and
c
in sub-paragraph (b) for the words “section 7” to the end there shall be substituted the words —
section 168 of the Act and whose educational needs are not being assessed under section 167 of the Act
.
Eric Forth
Minister of State,
Department for Education
8th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derbyshire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the Southern Derbyshire Health Authority;
“the Trust” means the Derbyshire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th June 1995