text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 and shall come into force on 30th December 1994.
2
In these Regulations —
“office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;
“office purposes” includes the purposes of administration and clerical work and handling money; and “clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information or calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;
“operational land”, in relation to a person designated by regulation 5(1) of the Central Rating Lists Regulations 1994 , means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1990 );
any reference to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose;
any reference to a hereditament is to a non-domestic hereditament; and
any reference to a company or other body by name is a reference to the company or other body registered by or bearing that name at the date its name is entered in the list.
Application
2
These Regulations, other than regulations 3(7) and (8) and 6, shall have effect only in respect of non-domestic rating lists compiled on or after 1st April 1995.
Railway hereditaments
3
1
In this regulation —
“ 1993 Act ” means the Railways Act 1993 ;
“ the Board ” means the British Railways Board;
“excepted hereditament” means a hereditament consisting of or comprising —
premises used as a shop, hotel, museum or place of public refreshment;
premises used wholly or mainly as office premises —
where paragraph (2), (3), (5) or (6) applies, which are occupied by a person designated by regulation 5(1) of, and named in Part 4 of the Schedule to, the Central Rating Lists Regulations 1994 and which are not situated on operational land of that person or of another person so designated and named; or
where paragraph (7) or (8) applies, which are occupied by Greater Manchester Metro Limited or South Yorkshire Supertram Limited, as the case may be;
premises or rights so let out as to be capable of separate assessment (other than those falling within paragraph (2)(a)(ii) or (3)(a)(ii)); and
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;
“heavy maintenance services” means the carrying out on locomotives and other rolling stock of maintenance services (including the detection and rectification of faults) other than light maintenance services (within the meaning given by section 82 of the 1993 Act);
“licence exempt operator” has the meaning given in section 10(6) of the 1993 Act;
“licence holder” has the meaning given in section 83(1) of the 1993 Act; and
“railway services” has the meaning given in section 82(1) of the 1993 Act.
2
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by the Board; or
ii
let or licensed by the Board to a licence exempt operator or a licence holder (other than Railtrack PLC ),
wholly or mainly for the purposes of providing railway services or heavy maintenance services, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
3
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by Railtrack PLC; or
ii
let or licensed by Railtrack PLC to a licence exempt operator or a licence holder (other than the Board),
wholly or mainly for the purposes of providing railway services, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
4
The hereditaments described in paragraph (2) shall be treated as occupied by the Board and the hereditaments described in paragraph (3) shall be treated as occupied by Railtrack PLC.
5
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by Docklands Light Railway Limited; and
ii
used wholly or mainly for the purposes of the parts of its undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
6
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by the Tyne and Wear Passenger Transport Executive; and
ii
used wholly or mainly for the purposes of the Tyne and Wear Metropolitan Railway, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
7
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by Greater Manchester Metro Limited; and
ii
used wholly or mainly for the purposes of the Manchester Metrolink, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
8
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by South Yorkshire Supertram Limited; and
ii
used wholly or mainly for the purposes of the South Yorkshire Supertram or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
9
The hereditament described in paragraph (7) shall be treated as situated in the area of Manchester City Council.
10
The hereditament described in paragraph (5) shall be treated as occupied by Docklands Light Railway Limited, the hereditament described in paragraph (6) shall be treated as occupied by the Tyne and Wear Passenger Transport Executive, the hereditament described in paragraph (7) shall be treated as occupied by Greater Manchester Metro Limited and the hereditament described in paragraph (8) shall be treated as occupied by South Yorkshire Supertram Limited.
Telecommunications hereditaments
4
1
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is —
a
occupied by or, if unoccupied, owned by British Telecommunications plc; and
b
occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications signals for the provision of telecommunications services.
2
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is —
a
occupied by or, if unoccupied, owned by Mercury Communications Limited; and
b
occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications signals for the provision of telecommunications services.
3
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is —
a
occupied by or, if unoccupied, owned by BR Telecommunications Limited; and
b
occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications signals for the provision of telecommunications services.
4
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is —
a
occupied by or, if unoccupied, owned by Energis Communications Limited; and
b
occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications signals for the provision of telecommunications services.
5
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is —
a
occupied by or, if unoccupied, owned by AT& T ( UK ) Limited; and
b
occupied by posts, wires, underground cables and ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications signals for the provision of telecommunications services.
6
Each hereditament described in paragraphs (1) to (5) shall be treated as occupied by the company named in respect of it.
Canal hereditaments
5
1
In this regulation,
a
“excepted hereditament” means any hereditament —
i
consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;
ii
consisting of premises so let out as to be capable of separate assessment;
iii
consisting of office premises or consisting of a car park used wholly or mainly in connection with office premises; and
b
“inland waterway” means any such waterway, whether natural or artificial.
2
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is occupied by or, if unoccupied, owned by the British Waterways Board;
b
it comprises —
i
waterways (including cuts and culverts, locks, gates, sluices, pumps, flood let-off valves, feeders, conduits, weirs, side ponds, ditches and drains);
ii
aqueducts, basins, bridges, embankments, reservoirs and tunnels;
iii
lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;
iv
docks, wharves, piers, jetties, pontoons, moorings, slipways, land and buildings used for the building, maintenance or floating storage of craft, or for the provision, maintenance or servicing of inland waterways and plant or machinery used in connection therewith;
v
clay pits, dredging or other waste disposal tips; or
vi
other land, buildings or structures or parts of buildings or structures used for the provision or servicing of facilities for traffic by, public access to, or enjoyment of, inland waterways, or for ancillary purposes; and
c
it is not comprised in an excepted hereditament.
3
The hereditaments described in paragraph (2) above shall be treated as occupied by the British Waterways Board.
Revocation and savings
6
1
Subject to paragraph (2), the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994 are hereby revoked with effect from 1st April 1995.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the Regulations mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of and for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, for Wales
7th December 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire General Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Warwickshire Health Authority;
“the Trust” means the South Warwickshire General Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 30 March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St George’s Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Merton, Sutton and Wandsworth Health Authority;
“the Trust” means the St George’s 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 17th August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation and commencement
1
This Order may be cited as the Education (No. 2) Act 1986 (Amendment) (No. 3) Order 1994 and shall come into force on 16th November 1994.
Amendment and Revocation
2
For section 30(2)(i) of the Education (No. 2) Act 1986 (Governors' annual report to parents) there shall be substituted —
i
to give such information about public examinations and other assessments of pupils' achievements, pupils' absences from the school, the continuing education of pupils leaving the school and the employment or training taken up by such pupils as is required to be published by virtue of section 8(5) of the 1980 Act;
.
3
Article 3 of the Education (No. 2) Act 1986 (Amendment) Order 1994 is revoked.
Gillian Shephard
Secretary of State for Education
17th October 1994
John Redwood
Secretary of State for Wales
24th October 1994


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road and Colnbrook By-Pass, Hillingdon) (50mph Speed Limit) Order 1994 and shall come into force on 1st December 1994.
2
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on that length of the A4 Trunk Road known as Bath Road and Colnbrook By-Pass between a point 96 metres west of its junction with Harlington High Street and a point 400 metres west of the westernmost abutment of the bridge over the River Colne, a distance of approximately 4200 metres.
Signed by authority of the Secretary of State for Transport
P J Bevis
A Grade 6 Officer, Highways Agency, London Office
21st November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1994 and shall come into force on 6th April 1994.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date “6th April 1993” there shall be substituted the date “6th April 1994”; and
b
for the sums “£56” and “£420” there shall be substituted respectively the sums “£57” and “£430”.
3
In regulation 123D(1)(b) (special provisions as to volunteer development workers) for “6.6 per cent.” there shall be substituted “5.6 per cent.”.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
In these Regulations —
“contractor” means a person prepared to carry out a qualifying repair and (except in regulation 11) may include the landlord;
“first prescribed period” means (subject to regulation 11), in relation to repairing a defect described in column 1 of the Schedule, the period specified in column 2 opposite the description of that defect starting —
in a case where the landlord considers it necessary to inspect the dwelling-house to satisfy itself that a repair is a qualifying repair —
if the day the landlord issues the repair notice under regulation 5(1)(c) to the contractor is a working day, on the first working day after the day of issue, and
in any other case, on the second working day after the day of issue, and
in any other case —
if the day the landlord receives the application for the qualifying repair to be carried out is a working day, on the first working day after that day, and
in any other case, on the second working day after the day the application is received;
“second prescribed period” means (subject to regulation 11), in relation to repairing a defect described in column 1 of the Schedule, the period specified in column 2 opposite the description of that defect starting —
if the day the landlord receives notification from the tenant that he requires another contractor to carry out the qualifying repair is a working day, on the first working day after that day; and
in any other case, on the second working day after the day the notification is received; and
“working day” means a day which is not a public holiday, a Saturday or a Sunday.
Entitlement
3
1
Subject to and in accordance with these Regulations, secure tenants whose landlords are local housing authorities are entitled —
a
to have qualifying repairs carried out, at their landlords' expense, to the dwelling-houses of which they are such tenants; and
b
to receive compensation from their landlords if qualifying repairs are not carried out within a prescribed period.
2
Paragraph (1) and the subsequent provisions of these Regulations do not apply in a case where the landlord has less than 100 dwelling-houses let to secure tenants on the day it receives an application from the tenant to have a repair carried out.
3
Paragraph (1) and the subsequent provisions of these Regulations shall cease to apply in relation to a repair if —
a
the tenant informs the landlord that he no longer wants the repair carried out, or
b
the tenant, although he has been given a reasonable opportunity, fails —
i
to provide details of the arrangements for the contractor to obtain access to the dwelling-house, or
ii
to provide access for an inspection or for the repair to be carried out.
Prescribed description of repair
4
A repair to a dwelling-house which —
a
remedies a defect specified in column 1 of the Schedule, and
b
will not, in the opinion of the landlord, cost more than £250 to carry out,
is a repair of a prescribed description for the purpose of the definition of a qualifying repair in section 96(6) of the Housing Act 1985.
Repair notice
5
1
Where a secure tenant of a local housing authority applies to his landlord for a repair to be carried out to the dwelling-house of which he is the secure tenant —
a
if the landlord considers it necessary to inspect the dwelling-house to satisfy itself that the repair is (or is not) a qualifying repair, the landlord shall forthwith inspect the dwelling-house;
b
if the landlord is satisfied that the repair is not a qualifying repair, it shall notify the tenant of that and explain why it is so satisfied and give the tenant an explanation of the provisions of these Regulations; and
c
if the landlord is satisfied that the repair is a qualifying repair, the landlord shall issue a repair notice to a contractor and give to the tenant a copy of the notice and an explanation of the provisions of these Regulations.
2
A repair notice shall contain a reference sufficient to identify the completed notice and shall specify —
a
the name of the secure tenant;
b
the address of the dwelling-house;
c
the nature of the repair;
d
the name, address and telephone number of the contractor who is to carry out the repair;
e
the arrangements made for the contractor to obtain access to the dwelling-house; and
f
the last day of the first prescribed period.
Substitute Contractor
6
1
Subject to paragraph (3) and regulation 8, if —
a
the qualifying repair has not been carried out within the first prescribed period, and
b
the tenant notifies the landlord that he requires another contractor to carry out the qualifying repair,
the landlord, where it is reasonably practicable, shall issue a further repair notice to another contractor and give a copy of the notice to the tenant.
2
The further repair notice shall contain a reference sufficient to identify it and specify the matters referred to in regulation 5(2)(a) to (e) and the last day of the second prescribed period.
3
Paragraph (1) does not apply if compliance with that paragraph would infringe the terms of a guarantee for work done or materials supplied of which the landlord has the benefit.
Compensation
7
1
Subject to regulation 8, the landlord shall pay the specified sum to the secure tenant if the qualifying repair has not been carried out within the second prescribed period.
2
In paragraph (1), “specified sum” means the lesser of £50 and
£ 10 + ( £ 2 × N )
where
N is the number of days (counting part of a day as a complete day) in the period starting on the day after the second prescribed period ends and ending on the day on which the qualifying repair is completed.
3
The landlord may set off any sums owed to it by the secure tenant against any compensation payable under this regulation.
Suspension of Prescribed Period
8
The first prescribed period or, as the case may be, the second prescribed period, shall be suspended for so long as there are circumstances of an exceptional nature, beyond the control of the landlord or the contractor who is to carry out the qualifying repair, which prevent the repair being carried out.
Notices
9
Any notice required to be issued or given by these Regulations may be issued or given by post.
Disputes
10
Any questions arising under these Regulations may be determined by the county court.
Transitional provision
11
In a case where a tenant applies to his landlord before 1st April 1996 for a qualifying repair to be carried out and, on the date the tenant applies, there is in force a contract between the landlord and a contractor —
i
which provides for the qualifying repair to be carried out by the contractor within a period which is longer than the first prescribed period, and
ii
which was entered into before 1st April 1994, or
iii
which was entered into on or after 1st April 1994 as a result of accepting an offer on the part of the contractor which was made in response to an invitation to submit such an offer and the invitation was given before 1st April 1994, the period provided for in the contract shall be substituted for the period specified in relation to the repair in column 2 of the Schedule.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
21st January 1994
John Redwood
Secretary of State for Wales.
25th January 1994


text:
1
The County Council of Essex (Haven Road Bridge) Scheme 1993 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as the Scheme) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Chief Executive and Clerk, Essex County Council, PO Box 11, County Hall, Chelmsford CM1 1LX.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Essex County Council (Haven Road Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
24th June 1994


text:
Citation and commencement
1
This Order may be cited as the Royal London Hospital and Associated Community Services National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Royal London Hospital and Associated Community Services National Health Service Trust established by the Royal London Hospital and Associated Community Services National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges to Overseas Visitors) Regulations 1989 .
Amendment of regulation 1 of the principal Regulations
2
Paragraph (2) of regulation 1 of the principal Regulations (citation, commencement and interpretation) shall be amended by the deletion in the definition of “member State” of the words “member State of the Communities” and the substitution of “State which is a Contracting Party to the Agreement on the European Economic Area but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein”.
Amendment of regulation 3 of the principal Regulations
3
Regulation 3 of the principal Regulations (services exempted from charges) shall be amended by the insertion after the words “accident and emergency department” in paragraph (a) of the word “or”, and the deletion in that paragraph of the words “, or dental or ophthalmic emergency department”.
Amendment of regulation 4 of the principal Regulations
4
Regulation 4 of the principal Regulations (overseas visitors exempt from charges) shall be amended —
a
by the insertion at the end of paragraph (o) of the word “; or”;
b
by the insertion after paragraph (o) of the following paragraph: —
p
who —
i
is not a national of a Member State, and
ii
is a national of a State which is a signatory to the European Social Charter , and
iii
is not entitled to be provided with such services under a reciprocal agreement specified in Schedule 2, and
iv
is without sufficient resources to pay the charge.
.
Amendment of Schedules to principal Regulations
5
1
In Schedule 1 to the principal Regulations (diseases for the treatment of which no charge is to be made) —
a
Part I (notifiable diseases) shall be amended by the insertion after “Cholera” of “Food poisoning”;
b
Part II (diseases to which public health enactments applied) shall be amended by —
i
the deletion of the entries “Acute meningitis”, “Infective jaundice”, “Lassa fever” and “Marburg disease” ;
ii
the insertion in the appropriate places in the alphabetical order, of the following entries: —
Meningitis
Meningococcal Septicaemia (without meningitis)
Mumps
Rubella
Viral hepatitis
.
2
Schedule 2 to the principal Regulations (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement) shall be amended by —
a
the deletion of the entries “Austria”, “Czechoslovakia”, “Finland” and “Norway”;
b
the insertion in the appropriate places in the alphabetical order, of the following entries: —
Barbados
Czech Republic
Russian Federation
Slovak Republic
; and
c
the insertion at the end of the entry “Union of Soviet Socialist Republics” of the words “except the States of Estonia, Latvia, Lithuania and the Russian Federation”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th June 1994


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1994 and shall, in accordance with section 9(2)(b) of the Act of 1992, come into force on 1st January 1995.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act of 1992 using the existing bridge shall be as follows: —
Category 1 vehicles £3.70 Category 2 vehicles £7.40 Category 3 vehicles £11.10
3
The Severn Bridges Tolls Order 1993 is hereby revoked.
Signed by authority of the Secretary of State for Transport.
John Watts
Minister of State,
Department of Transport
6th December 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1994 and shall come into force on 3rd October 1994.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered paragraph, regulation or Schedule is a reference to the paragraph, regulation or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 6
2
In paragraph (9) of regulation 6 (date of claim), for the words “In paragraph (8)” there shall be substituted the words “In paragraphs (8) and (8A)”.
Amendment of regulation 13
3
1
Regulation 13 (advance claims and awards) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), for the words “Subject to paragraph (4), this regulation does not” there shall be substituted the words “Subject to paragraph (4), paragraphs (1) and (2) do not”.
3
After paragraph (5) there shall be added the following paragraph —
6
Where a person claims family credit or disability working allowance but does not satisfy the requirements for entitlement to that benefit on the date on which the claim is made, and the adjudicating authority is of the opinion that he will satisfy those requirements for a period beginning on a day not more than 3 days after the date on which the claim is made, the adjudicating authority may treat the claim as if made for a period beginning with that day, and award benefit accordingly.
.
Amendment of regulation 21
4
In paragraph (1) of regulation 21 (direct credit transfer), after the word “spouse” in both places where it occurs there shall be inserted the words “or partner”.
Amendment of regulation 30
5
1
Paragraph (6B) of regulation 30 (payments on death) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (b) the words “and the Secretary of State has appointed him” shall be omitted.
3
After sub-paragraph (b) there shall be inserted the following sub-paragraph —
ba
that that person has been appointed by the Secretary of State to make the claim;
.
Insertion of regulations 37AA and 37AB
6
After regulation 37A there shall be inserted the following regulations —
Withholding of benefit in prescribed circumstances
37AA
1
Where a person who is in receipt of benefit fails to comply with the provisions of regulation 32(1), in so far as they relate to documents, information or facts required by the Secretary of State, that benefit may be withheld, in whole or in part, from a date not earlier than 28 days after the date on which the requirement is imposed.
2
Where the Secretary of State is satisfied that the last known address of a person who is in receipt of benefit is not the address at which that person is residing or that a serious doubt exists as to whether that person is residing at that address, that benefit may be withheld from the date on which the Secretary of State is so satisfied or such later date as he may determine.
3
Where it appears to the Secretary of State that a person who is claiming income support is, under the provisions of regulation 8, required to attend an unemployment benefit office in person, but that person has failed to do so, benefit may be withheld from a date not earlier than the date following that on which that person last attended an unemployment benefit office under the provisions of regulation 8.
4
Where a person —
a
claims any benefit, and entitlement to that benefit depends on his being incapable of work during the period to which his claim relates; or
b
claims income support, but is not required to be available for employment by virtue of paragraph 5 of Schedule 1 to the Income Support (General) Regulations1987
and that person fails to provide evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work), that benefit may be withheld from the date from which he has ceased to comply with the requirements of that regulation, or as soon as practicable thereafter.
Payment of withheld benefit
37AB
1
Subject to paragraph (2), where the circumstances in which any benefit that has been withheld under the provisions of regulation 37AA no longer exist, and —
a
the Secretary of State is satisfied that no question arises in connection with the award of that benefit, payments of that benefit shall be made;
b
a question arises in connection with the award of that benefit and that question has been determined, payments of benefit that the beneficiary is entitled to in accordance with that determination shall be made.
2
Subject to paragraph (3) —
a
a payment of any sum by way of benefit shall not be made under paragraph (1) after the expiration of a period of 12 months from the date the right to that payment arose;
b
where a person from whom benefit has been withheld satisfies the adjudicating authority that there was good cause for his failure to act from a day within the period specified in sub-paragraph (a) and continuing after the expiration of that period, the period specified in that sub-paragraph shall be extended to the date on which the adjudicating authority is so satisfied, or the date on which good cause ceases, whichever is the earlier.
3
For the purposes of paragraph (2), the following periods shall be disregarded —
a
any period during which the Secretary of State possesses information which is sufficient —
i
to enable him to be satisfied that no question arises in connection with the award of that benefit, or
ii
to enable him to decide that a question does arise in connection with the award of that benefit;
b
in a case where a question in connection with the award of the benefit arises, the period commencing on the date the question is submitted to an adjudication officer and ending on the date that question is finally determined.
.
Amendment of Schedule 9
7
1
Schedule 9 (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1) of paragraph 6, for the words “including any charges for reconnection of gas or electricity” there shall be substituted the words “including any charges for the reconnection of gas or disconnection or reconnection of electricity”.
3
In sub-paragraph (1) of paragraph 7, for the words “including any reconnection charges arising out of that debt” there shall be substituted the words “including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt”.
4
In sub-paragraph (1) of paragraph 8, for the words “regulation 2 of the Council Tax Regulations” there shall be substituted the words “regulation 7 of the Council Tax Regulations”.
Signed by authority of the Secretary of State for Social Security
William Hague
Minister of State,
Department of Social Security
6th September 1994


text:
1
1
This Order may be cited as the Merchant Shipping (Modification of Enactments) (Bareboat Charter Ships) Order 1994 and shall come into force on 21st March 1994.
2
In this Order “bareboat charter ship” means a ship registered pursuant to section 7 of the Merchant Shipping (Registration, etc.) Act 1993.
2
Subject to article 3, in the Merchant Shipping Acts 1894 to 1993 and in any other enactment applicable to British ships or ships registered under those Acts any reference, (however phrased) to the owner of a British ship, a United Kingdom ship or a ship registered in the United Kingdom, shall mean, in relation to a bareboat charter ship, the person registered as the charterer.
3
Article 2 shall not apply to section 2 of the Merchant Shipping (Registration, etc.) Act 1993.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 4) Order 1994, and shall come into force on 1st August 1994.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1994 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1993 is amended by deleting the Schedule and substituting therefor the following —


text:
1
This Order may be cited as the Immigration Act 1988 (Commencement No. 3) Order 1994.
2
Section 7(1) of the Immigration Act 1988 shall come into force on 20th July 1994.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th July 1994


text:
1
This Scheme may be cited as the M1-A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 and shall come into force on 29th April 1994.
2
In this Scheme:
a
all measurements of distance are measured along the route of the relevant highway;
b
except in article 3 of this scheme, a reference to a numbered Schedule or plan is a reference to the Schedule to this Scheme or to the plan, so numbered;
c
i
“connecting road” means a special road along the routes described in Schedule 3;
ii
“ the Motorway ” means a special road along the routes described in Schedule 1;
iii
“plan” means one of the plans numbered 1 to 3 and contained in the plan folio numbered HA16/YHCPD10 marked “The M1-A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iv
“the special roads” means the Motorway, each link road, each connecting road and the A1(M) ;
v
“link road” means a special road along a route described in Schedule 2;
vi
“the A1 ” means the A1 Trunk Road; and
vii
“the A1(M)” means the length of the A1 described in Schedule 4.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads described in Schedules 1, 2 and 3 shall become a trunk road on the date when this Scheme comes into force.
6
The Secretary of State is authorised to construct the bridge specified in Schedule 5 as part of the Motorway and in connection with the construction of that bridge to divert the part of the navigable watercourse specified in that schedule and the towing path adjacent to that part as shown in that schedule.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
30th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Airedale National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the Bradford Health Authority;
“the Trust” means the Airedale 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 22nd February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) (No. 3) Regulations 1994 and shall come into force on 1st December 1994.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 .
Average Salary
2
Regulation E29(13) of the principal Regulations is amended by inserting the words “or institution” after the word “school” in both places where it occurs.
Transitional provisions and elections in respect of protected benefits
3
1
The provision made by regulation 2 above shall not apply for the purpose of calculating any benefit which has become payable before 1st December 1994.
2
This paragraph applies to a person —
a
to whom a protected benefit may become payable, and
b
who is placed in a worse position than he would have been in if the provision made by regulation 2 above had not applied in relation to the protected benefit.
3
A protected benefit is one which may become payable under the principal Regulations, to or in respect of a person who was employed in pensionable employment but ceased to be so employed before 1st December 1994.
4
A person to whom paragraph (2) above applies may, by giving written notice to the Secretary of State before 1st March 1995, elect that the provision of regulation 2 above shall not apply in relation to the protected benefit.
Gillian Shephard
Secretary of State for Education
3rd November 1994
We consent
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
8th November 1994


text:
Title and commencement
1
These Regulations may be cited as the Criminal Justice Act 1988 (Crown Servants) Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Criminal Justice Act 1988; and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the Act to Director of Savings and staff
3
Sections 93A, 93B, 93C(2) and 93D of the 1988 Act shall apply to the following persons, namely —
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings,
in circumstances where the said Director or any such person is carrying on relevant financial business.
Michael Howard
One of Her Majestys Principal Secretaries of State
Home Office
1st July 1994


text:
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1994 and shall come into force on 1st February 1995.
2
1
Regulation 9 of the Public Service Vehicles (Registration of Local Services) Regulations 1986 shall be amended as follows.
2
In paragrah (2)(g), after the word “may”, there shall be inserted “, if the condition set out in paragraph (2A) is satisfied,”.
3
The following paragraph shall be inserted after paragraph (2) —
2A
The condition referred to in paragraph (2)(g) is that the operator of the service has reasonable grounds to expect that, owing to special circumstances, the number of vehicles normally required to provide the service would, at the time the additional vehicles are to be provided, be insufficient to carry all persons wishing to travel on the service or to provide the service in accordance with the registered timetable, unless the additional vehicles were provided.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
17th December 1994


text:
Title, extent and commencement
1
These Regulations may be cited as the Milk Marketing Board Scheme of Reorganisation (Third Party Rights) Regulations 1994, shall apply in England and Wales and shall come into force on 20th September 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Agriculture Act 1993;
“the appropriate authority” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
“the approved scheme” means the approved scheme (within the meaning of section 24(1) of the Act) of the Board;
“the Board” means the Milk Marketing Board administering the Milk Marketing Scheme 1933 ;
“compensation” means compensation payable under paragraph 42(1) or 44(1) of Schedule 2;
“paragraph 42 arbitrator” means an arbitrator to be appointed for the hearing of a dispute to which paragraph 42(3)(a) of Schedule 2 applies;
“paragraph 44 arbitrator” means an arbitrator to be appointed for the hearing of a dispute to which paragraph 44(2)(a) of Schedule 2 applies;
“the paragraph 43 provision” means paragraph 17 of, and Schedule 5 to, the approved scheme, being the provision of that scheme which for the purposes of paragraph 43(2)(a) of Schedule 2 identifies certain qualifying provisions and also identifies certain qualifying contracts and qualifying parties;
“qualifying contract” means any existing contract which contains a qualifying provision and which is identified in the paragraph 43 provision;
“qualifying party” means any party, other than the Board, to a qualifying contract who is identified in the paragraph 43 provision;
“qualifying provision” means any provision in a contract prohibiting absolutely the effecting of any description of transaction, other than a transfer, with respect to the property or rights of the Board, which is identified in the paragraph 43 provision as one to which paragraph 43 of Schedule 2 applies;
“Schedule 2” means Schedule 2 to the Act;
“Vesting Day” means 1st November 1994.
2
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Appointment of arbitrators under paragraphs 42 and 44 of Schedule 2
3
1
Subject to paragraph (2) below —
a
a paragraph 42 arbitrator who is required for the hearing of a dispute as to the person by whom the compensation should be paid in relation to any transfer or other transaction shall be appointed by agreement between the parties to such transfer or other transaction and the third party;
b
a paragraph 42 arbitrator who is required for the hearing of a dispute as to whether, and, if so, how much, compensation is payable shall be appointed by agreement between the third party and the party which has accepted that it shall pay any compensation determinable by that arbitrator;
c
a paragraph 44 arbitrator shall be appointed by agreement between the third party and the Board.
2
In default of agreement between the relevant parties the paragraph 42 arbitrator or paragraph 44 arbitrator (as the case may be) shall be appointed on the application of any of the relevant parties (after giving to each other relevant party not less than one week’s notice of such application) by or on behalf of the President of the Royal Institution of Chartered Surveyors.
3
Any fee payable to the Royal Institution of Chartered Surveyors in respect of its costs of making an appointment of an arbitrator under paragraph (2) above shall —
a
accompany the application, and
b
be borne equally by all the relevant parties irrespective of the final determination made by the arbitrator,
and any sum required to achieve the result set out in sub-paragraph (b) above shall be recoverable by the person who has paid the fee from each other relevant party.
4
In this regulation —
“the relevant parties” means the parties whose agreement to the appointment of the paragraph 42 arbitrator or the paragraph 44 arbitrator (as the case may be) is, subject to paragraph (2) above, required by paragraph (1) above;
“third party” —
in relation to paragraph 42 of Schedule 2, means any person who has, or believes he has, suffered a diminution in the value of a property or interest in consequence of the operation of paragraph 40 or 41 of Schedule 2 or, where paragraph 42(2) of Schedule 2 applies, paragraph 39 of Schedule 2;
in relation to paragraph 44 of Schedule 2, means any person who has, or believes he has, suffered a diminution in the value of a property or interest in consequence of the operation of paragraph 43 of Schedule 2.
Giving of notices to qualifying parties
4
1
The Board shall in accordance with this regulation give a notice to each qualifying party identified in the paragraph 43 provision.
2
The notice mentioned in paragraph (1) above shall —
a
be given at least twenty-one days before Vesting Day, and
b
contain the information specified in paragraph (3) below.
3
The information mentioned in paragraph (2) is —
a
a reference to the Act and these Regulations,
b
an identification of any qualifying contract entered into by that qualifying party, together with the corresponding qualifying provision, and
c
an explanation of the effect of the carrying out of the approved scheme with respect to any such qualifying contract.
4
The Board, as soon as they consider that they have given notice to each qualifying party in resect of any qualifying contract in accordance with this regulation, shall apply to the appropriate authority for a certificate of compliance in respect of that qualifying contract under regulation 5 and shall with the application supply to the appropriate authority a copy of every notice which they have given under this regulation in respect of that qualifying contract and evidence of the notice having been duly given.
Giving of certificates of compliance
5
1
The appropriate authority, on being satisfied in relation to a qualifying contract that the Board have met the requirements of regulations 4 and 6, shall forthwith give to the Board and each qualifying party to whom the notice was given a certificate of compliance, which shall be in such form as the appropriate authority thinks fit.
2
Subject to paragraph (4) below, if on receiving an application under regulation 4(4) in respect of a qualifying contract the appropriate authority decides that it is not satisfied that the Board have met the requirements of regulations 4 and 6 in relation to it, the appropriate authority shall refuse to give a certificate of compliance and shall give to the Board and each person to whom paragraph (3) below applies a notice notifying them of its refusal.
3
This paragraph applies to any qualifying party to the qualifying contract —
a
to whom the appropriate authority was not satisfied that any notice was given, or
b
(where the Board purport to have given a notice to that qualifying party) in respect of whom the appropriate authority was not satisfied that the Board (in giving that notice) have met the requirements of regulations 4 and 6,
as the case may be.
4
If the appropriate authority has given a notice under paragraph (2) above in relation to a qualifying contract but subsequently becomes satisfied as mentioned in paragraph (1) above in relation to that contract it shall forthwith give the certificates of compliance required by paragraph (1) above in relation to it.
5
Where on Vesting Day —
a
a transaction which is prohibited by a qualifying provision would be effected under the approved scheme, and
b
a certificate of compliance has not been given in relation to the qualifying contract in which the qualifying provision is contained (whether or not a refusal to give a certificate has been notified under paragraph (2) above),
paragraph 43(2) of Schedule 2 (which provides that the qualifying provision shall be treated as not applying in the case of that transaction) shall be excluded in relation to that qualifying provision.
Form of documents
6
Any document required or authorised to be served under these Regulations shall be in writing.
Service of documents
7
Section 22 of the Act shall apply to the service of documents which fall to be served under these Regulations as if such documents were documents required or authorised to be served under Part I of the Act.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
14th September 1994.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
16th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Abolition) Order 1994 and shall come into force on 1st August 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st August 1994;
“ the Order ” means the Authorities for London Post-Graduate Teaching Hospitals (Constitution) Order 1990 ;
“relevant NHS Trust” in relation to a relevant Special Authority means an NHS Trust specified in relation to it in column 3 of the Schedule to this Order;
“relevant Regional Authority” means, in relation to a relevant Special Authority, the Regional Health Authority specified in relation to that Special Health Authority as provided for in column 2 of the Schedule to this Order;
“relevant Special Authority” means a Special Health Authority specified in column 1 of the Schedule to this Order.
Abolition of relevant Special Authorities
2
The relevant Special Authorities are hereby abolished, and accordingly —
a
their names and the hospitals in relation to whose management they are to perform functions shall be omitted from columns (1) and (2) respectively of Schedule 2 to the Order;
b
their names shall be omitted from column (2) of Schedule 1 to the Order, and the names of the institutes or medical schools in relation to which they are specified shall be omitted from column (1) of that Schedule.
Transfer of property and enforceability of rights
3
1
Subject to the following provisions of this Order any property of a relevant Special Authority is transferred to the relevant Regional Authority.
2
Subject to the following provisions of this Order, any right which was enforceable by or against any of the relevant Special Authorities immediately before the material date is enforceable by or against the relevant Regional Authority.
Winding up of affairs of relevant Special Authorities
4
It is the duty of the relevant Regional Authority to take such action as may be necessary for the winding-up of the affairs of any relevant Special Authority in relation to which it is the relevant Regional Authority.
Accounts of relevant Special Authorities
5
Any duty imposed on any of the relevant Special Authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant NHS trust.
Investigation of complaints by Health Service Commissioner
6
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any hospital, establishment or facility managed by any of the relevant Special Authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of the relevant Special Authority, as if the complaint had been made in relation to the NHS trust or District Health Authority managing that hospital establishment or facility.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to that NHS trust or District Health Authority and to the relevant Regional Authority.
Transfer of trust property of relevant Special Authorities
7
1
Subject to paragraphs (2) and (3) of this article, any trust property vested immediately before the material date in any of the relevant Special Authorities is on the material date transferred to the relevant NHS Trust.
2
Where, before the date of the making of this Order a relevant Special Authority and an NHS trust other than the relevant NHS Trust have identified by means of a Schedule of trust property (signed on behalf of both parties to the agreement) trust property which is to transfer to that other NHS trust, that property is transferred to that other NHS trust, instead of to the relevant NHS Trust.
3
The freehold interest in Bridge Wharf, Old Ford Road, London E2 (Land Registry No. EGL 164595) vested on trust in the Board of Governors of the Royal Brompton Heart and Lung Hospital is transferred on the material date to the North Thames Regional Health Authority together with the rights, obligations and liabilities of the said Board of Governors under the lease and management agreement with South London Family Housing Association both dated 18th June 1992 and relating to Bridge Wharf.
Exercise of powers in relation to trusts
8
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the relevant Special Authorities, that power vests on the material date —
a
in the case of a trust whose purposes relate to the Queen Elizabeth Hospital for Children in the East London and the City Health Authority;
b
in the case of a trust whose purposes relate to the London Chest Hospital in the Royal Hospital of St Bartholomew, the Royal London Hospital and the London Chest Hospital National Health Service Trust;
c
in all other cases the relevant NHS Trust.
Appointment of new trustees
9
Where, under the trusts of a charity connected with health services purposes, the trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the relevant Special Authorities, the trustees shall from that date instead include the holder of the corresponding office —
a
in the case of a trust whose purposes relate to the Queen Elizabeth Hospital for Children with the East London and the City Health Authority;
b
in the case of a trust whose purposes relate to the London Chest Hospital, with the Royal Hospital of St Bartholomew, the Royal London Hospital and the London Chest Hospital National Health Service Trust;
c
in all other cases with the relevant NHS Trust.
Provision for continuity in exercise of functions
10
1
Any application duly made by, or any direction, authorisation or notice given to the Board of Governors of the Hospitals for Sick Children in relation to the Queen Elizabeth Hospital for Children shall be deemed to have been made by or given to or by the East London and the City Health Authority.
2
Any instrument made by that Special Health Authority in relation to that hospital continues in force until is is varied or revoked by that District Health Authority.
3
Any form supplied by that Special Health Authority in relation to that hospital continues to be a valid form until it is cancelled or withdrawn by the Secretary of State or that District Health Authority, as if any reference contained in the form to that Special Health Authority were a reference to that District Health Authority.
Accommodation and services made available on payment of charges
11
To the extent that any accommodation and services at the Queen Elizabeth Hospital for Children is, immediately before the relevant date, authorised to be made available under section 65(1) of the Act, it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such determination is varied or revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
11th July 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (Amendment) Order 1994 and shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the 1993 Order ” means the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (London Borough of Wandsworth) (Amendment) Order 1993 ; and
a reference to a Schedule followed by a number is a reference to the Schedule to this Order bearing that number.
Exclusions from special parking areas
3
1
Those areas in the London borough of Bromley referred to in Schedule 1 shall cease to form part of the special parking area designated by article 4(1)(a) of the 1993 Order.
2
Those areas in the London borough of Hammersmith and Fulham referred to in Schedule 2 shall cease to form part of the special parking area designated by article 4(1)(b) of the 1993 Order.
3
Those areas in the London borough of Lewisham referred to in Schedule 3 shall cease to form part of the special parking area designated by article 4(1)(c) of the 1993 Order.
4
The modifications of the 1984 and 1991 Acts contained in articles 5 and 6 of the 1993 Order shall cease to have effect in relation to the areas referred to in Schedules 1, 2 and 3.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Community and Mental Health Services Teaching National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th July 1994.
2
In this Order —
“the Authority” means the Leeds Health Authority;
“the Trust” means the Leeds Community and Mental Health Services Teaching 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 16th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
14th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne and County Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 31st March 1994.
2
In this Order —
“the Authority” means the Tunbridge Wells Health Authority;
“the Trust” means the Eastbourne and County 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 17th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th March 1994


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1993 , may be cited as the Land Registration Fees Order 1994 and shall come into force on 3rd October 1994.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub-charge;
“credit account” means an account authorised by the Registrar under article 18(1);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1, 2 or 3;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE FEES
Application for first registration
2
1
Subject to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraph (3), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + ( 10 × R )
where
A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
Transfers of registered land for monetary consideration, etc
3
1
Subject to paragraphs (2) to (5), and to article 4(1)(j) (transfer of matrimonial home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
Where a single instrument of transfer gives effect to a sale, and a sub-sale of part only of the land comprised in the sale, the fee payable shall be the aggregate of:
a
a fee assessed upon the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale; and
b
a fee assessed upon the amount (if any) by which the monetary consideration given by the purchaser in respect of the land comprised in the sale exceeds the monetary consideration given by the sub-purchaser in respect of the land comprised in the sub-sale.
5
Where an instrument gives effect to an exchange of registered land for other registered land (whether or not money is paid by way of equality) it shall be treated for the purpose of assessing the fee payable for its registration as two separate transfers, each being for monetary consideration equal to the sum of the value of the land received in exchange and the amount or value of any monetary consideration given to the transferor by way of equality of exchange.
6
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraph (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (7) of Schedule 5 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission of registered land on death or bankruptcy;
f
an assent of registered land (including a vesting assent);
g
an appropriation of registered land;
h
a vesting order or declaration made under section 47 of the Act;
i
a rectification of the register;
j
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
In the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale 2 in Schedule 2, on the equivalent proportion of the value of the land which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any charge subject to which the registration takes effect.
3
Where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 3 in Schedule 3 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 3 in Schedule 3 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (7) of Schedule 5 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (7) of Schedule 5 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on the equivalent proportion of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the equivalent proportion of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraph (6), where, on an application to which article 2 or 3 applies (“the primary application”), a charge by the applicant or by a predecessor in title of the applicant (in the case of first registration) or by the transferee (in the case of a transfer or exchange) is delivered either with the primary application or before the primary application is completed, no fee shall be payable for the registration of the charge.
6
Where a charge to which paragraph (5) applies also comprises registered land (“the additional land”) which is not the subject of the primary application, paragraph (5) shall not extend to the additional land so that there shall be paid a fee in accordance with Scale 3 in Schedule 3 on an amount calculated in accordance with the following formula:
A = V A × C V C
where
A is the amount on which the fee is payable, V A is the value of the additional land, V C is the value of all the land comprised in the charge and C is the amount of the charge determined in accordance with article 9.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means an application falling within articles 2, 3, 4 or 5, other than a large area application or a low value application, which relates to not fewer than 20 units of land;
c
“low value application” means an application falling within articles 3, 4 or 5 where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £25,000;
d
“unit of land” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
The fee for a large scale application falling within articles 2, 3, 4 or 5 shall be:
a
£20 in respect of each unit of land to which the application relates; or
b
the amount payable in respect of the application under article 2, 3, 4, or 5, as the case may be,
whichever is the greater.
3
If, having regard to the extent of the land comprised in a large area application, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
PART III
VALUATION
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V C
where
A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
FIXED FEES AND EXEMPTIONS
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 4 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 5.
PART V
GENERAL AND ADMINISTRATIVE PROVISIONS
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceedeing £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
15
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
16
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
17
1
Subject to paragraph (2) and to article 18:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H. M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
2
Any person attending at any office of H. M. Land Registry when that office is open to the public may pay in cash all or any part of the fee payable by him for any application capable of being lodged at that office, or in relation to any service available at that office.
Credit accounts
18
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his credit account forthwith.
6
Cheques shall be crossed and made payable to H. M. Land Registry and sent to the Accounts Section, H. M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorizations given under paragraph (1).
Mackay of Clashfern, C.
18th July 1994
Tim Wood
Irvine Patnick
Two of the Lords' Commissioners of Her Majesty’s Treasury
19th July 1994


text:
Citation and commencement
1
These Regulations may be cited as the Distraint by Collectors (Fees, Costs and Charges) Regulations 1994 and shall come into force on 1st March 1994.
Interpretation
2
In these Regulations —
“close possession” means physical possession by the distrainor or a person acting on his behalf of the goods and chattels distrained;
“walking possession” means possession in accordance with an agreement between the distrainor and the distrainee whereby, in consideration of the distrainor not remaining in close possession, the distrainee undertakes not to dispose of the goods distrained or any part thereof, or permit their removal by any person not authorised by the distrainor to remove them.
Ascertainment of fees, costs and charges
3
The fees chargeable on or in connection with the levying of distress and the costs and charges recoverable where distress has been levied shall be those specified in the Schedule to these Regulations, but subject to any provision of that Schedule.
Deduction of fees, costs and charges by the collector
4
The fees, costs and charges specified in the Schedule to these Regulations shall be deducted by the collector from the sums received on or in connection with the levying of distress or where distress has been levied.
Disputes as to fees, costs and charges
5
1
In the case of dispute as to any fees chargeable, or costs and charges recoverable under the Schedule to these Regulations, the amount of those fees, costs and charges shall be taxed.
2
Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit.
3
In the application of paragraph (2) to Northern Ireland, there shall be substituted for the words “by the district judge of the county court for the district in which the distress is or is intended to be levied” the words “by the Master (Taxing Office)”.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 1994