text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 and shall come into force —
a
for the purposes of this regulation and regulations 7 and 8(1) and (2), on 31st March 1994;
b
for the purposes of regulations 2 to 6, 8(3) and (4) and 9, on 11th April 1994;
c
for the purposes of regulations 10 to 28, on 12th April 1994.
2
Regulations 7 and 8(1) and (2) of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 31st March 1994 which applies in his case.
3
Regulations 2 to 6, 8(3) and (4) and 9 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 11th April 1994 which applies in his case.
4
For the purposes of paragraphs (2) and (3) the expressions “claimant”and “benefit week” have the same meanings as in the Income Support Regulations .
5
Regulations 10 to 28 of these Regulations shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 12th April 1994, or
b
where a claimant has an award of family credit or disability working allowance which is current on 11th April 1994, on the day following the expiration of that award.
6
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 19 of the Income Support Regulations
2
1
Regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1ZD) for the word “property” there shall be substituted the word “home”.
3
After paragraph (1ZL) there shall be inserted the following paragraph —
1ZM
Where a person is treated in accordance with paragraph (1ZK) as having a preserved right, paragraph (1ZG) shall apply to that person as if he had acquired a preserved right under paragraph (1ZB).
.
Amendment of regulation 21 of the Income Support Regulations
3
In regulation 21(1) of the Income Support Regulations (special cases) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 44(1) (modifications in respect of children and young persons)”.
Amendment of regulation 42 of the Income Support Regulations
4
1
Regulation 42 of the Income Support Regulations (notional income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4)(a)(ii) —
a
after the words “housing benefit is payable,” there shall be inserted the word “or”;
b
the words from “or accommodation charge” to “nursing homes)” shall be omitted.
3
After paragraph (4) there shall be inserted the following paragraph —
4A
Where the claimant lives in a residential care home or a nursing home, or is temporarily absent from such a home, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or a member of his family in that home shall be treated as possessed by the claimant or by that member of his family.
4
In paragraph (8) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1) (a) and (b) of that Act; and
.
Amendment of regulation 66 of the Income Support Regulations
5
In regulation 66(1) of the Income Support Regulations (certain amounts to be disregarded in respect of students' income) —
a
for the words “other than grant income and covenant income” there shall be substituted the words “other than grant income, covenant income and loans treated as income in accordance with regulation 66A” ;
b
after the words “sums disregarded under regulation 62(2)” there shall be inserted the words “and (2A)” .
Amendment of regulation 71 of the Income Support Regulations
6
In regulation 71(1) of the Income Support Regulations (applicable amounts in urgent cases) for the words “except where otherwise provided” in each place where they occur there shall be substituted the words “except as provided in regulation 44(1) (modifications in respect of children and young person)”.
Amendment of Schedule 1 to the Income Support Regulations
7
In Schedule 1 to the Income Support Regulations (persons not required to be available for employment) for paragraph 5 (persons incapable of work) there shall be substituted the following paragraph —
5
A person who —
a
is entitled to sickness benefit or invalidity pension under Part II of the Contributions and Benefits Act, or severe disablement allowance under Part III of that Act, or is in receipt of statutory sick pay within the meaning of Part XI of that Act; or
b
would be entitled to —
i
sickness benefit but for the provisions of section 31(4) of the Contributions and Benefits Act (no entitlement to sickness benefit for the first three days of interruption of employment), or but for a failure to satisfy the contribution conditions specified for that benefit in paragraph 2 of Schedule 3 to the Contributions and Benefits Act; or
ii
sickness benefit or invalidity benefit but for the provisions of regulation 7(1)(c) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (lays not to be treated as days of unemployment or incapacity for work).
.
Amendment of Schedule 3 to the Income Support Regulations
8
1
Paragraph 7 of Schedule 3 to the Income Support Regulations (interest on loans to acquire an interest in the dwelling occupied as the home) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (4) for the words from “the basic rate”to “1988” there shall be substituted the words “the applicable percentage of income tax within the meaning of section 369(1A) of the Income and Corporation Taxes Act 1988 ”.
3
In sub-paragraph (7) for head (b) there shall be substituted the following head —
b
has left that dwelling and either cannot or will not pay the interest on the loan, or has died,
.
4
Sub-paragraph (8) shall be omitted.
Amendment of Schedule 9 to the Income Support Regulations
9
1
Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 15(2) the words “or by a local authority under Part III of the National Assistance Act 1948” shall be omitted.
3
For paragraph 19 there shall be substituted the following paragraph —
19
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 18 or 20 refers, and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family —
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.
.
4
For paragraph 20 there shall be substituted the following paragraph —
20
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
.
5
At the end of the Schedule there shall be added the following paragraph —
53
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployabiity supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
.
Amendment of regulation 2 of the Family Credit Regulations
10
In regulation 2 of the Family Credit Regulations (interpretation) —
a
in the definition of “assessment period” for the words “regulation 14” there shall be substituted the words “regulation 14 or, as the case may be, 14A”;
b
after the definition of “date of claim” there shall be inserted the following definition —
“director” means a director of a company, and for this purpose “company” means a company within the meaning of section 735(1) of the Companies Act 1985 or a body corporate to which, by virtue of section 718 of that Act, any provision of that Act applies;
.
Amendment of regulation 14 of the Family Credit Regulations
11
In regulation 14(1) of the Family Credit Regulations (normal weekly earnings of employed earners) —
a
after the words “an employed earner,” there shall be inserted the words “except where those earnings arise from employment as a director,”;
b
for the words “his weekly earnings from that employment over” there shall be substituted the words “his earnings from that employment received in”.
Insertion of regulation 14A of the Family Credit Regulations
12
After regulation 14 of the Family Credit Regulations there shall be inserted the following regulation —
Normal weekly earnings of directors
14A
1
Subject to paragraph (2) and regulation 17 (periods to be disregarded), where a claimant’s income includes earnings from employment as a director, his normal weekly earnings from that employment shall be determined by reference to his earnings from that employment received in the year immediately preceding the week of claim.
2
Where at the date of claim the claimant has been in employment as a director for less than a year, his normal weekly earnings from that employment shall be determined by reference to any earnings received in the period that he has been in that employment and by reference to an estimate of the earnings likely to be received in the remainder of the first year of the employment.
.
Amendment of regulation 15 of the Family Credit Regulations
13
1
Regulation 15 of the Family Credit Regulations (normal weekly earnings of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraphs —
a
except where sub-paragraph (aa) or (b) applies, over a period of 6 consecutive complete months up to and including the second last complete month immediately preceding the date of claim; or
aa
except where sub-paragraph (b) applies, where the claimant provides in respect of the employment a statement of his earnings and expenses for the six consecutive complete months up to and including the last complete month immediately preceding the date of claim, over that period of six months; or
.
3
For paragraph (2) there shall be substituted the following paragraph —
2
Subject to regulation 17, in a case where the claimant has been in employment as a self-employed earner for less than 7 complete months, his normal weekly earnings shall be determined over a period of 6 consecutive complete months commencing with the first complete month after the claimant began that employment, and that determination shall be based on either —
a
where the claimant provides in relation to that employment a statement of his earnings and expenses for the complete months up to and including the last complete month immediately preceding the date of claim, the earnings he received in those months, or
b
where no such statement is provided, any earnings he received in the period up to and including the second last complete month immediately preceding the date of claim,
together with an estimate of the earnings likely to be received in the balance of the 6 month period.
.
4
At the end of the regulation there shall be added the following paragraph —
4
In this regulation a “complete month” begins on the first day of the month and ends on the last day of the month.
.
Substitution of regulation 17 of the Family Credit Regulations
14
For regulation 17 of the Family Credit Regulations (periods to be disregarded) there shall be substituted the following regulation —
17
For the purposes of ascertaining a claimant’s normal weekly earnings there shall be disregarded —
a
where the claimant is a self-employed earner, any week or period of weeks in his assessment period during which no activities have been carried out for the purposes of the business;
b
where the claimant is a director, any week or period of weeks in his assessment period during which he has done no work and in respect of which he has received no earnings; and
his normal weekly earnings shall be determined by reference to his earnings in the remainder of that period (the reduced period) and in these Regulations any reference to an assessment period shall in its application to such a case be construed as a reference to that reduced period.
.
Amendment of regulation 18 of the Family Credit Regulations
15
In regulation 18 of the Family Credit Regulations (calculation of weekly amount of income) —
a
for sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph —
a
except where sub-paragraph (b) applies, by multiplying by 7 his earnings
i
received in the assessment period, or
ii
estimated for the assessment period, or
iii
both received in and estimated for that period,
as the ease may be, and dividing the product by the number equal to the number of days in that period;
;
b
after paragraph (2) there shall be added the following paragraph —
3
For the purposes of regulation 14A (normal weekly earnings of directors) the weekly amount of earnings of a claimant shall be determined by dividing his earnings —
i
received in the assessment period, or
ii
estimated for the assessment period, or
iii
both received in and estimated for that period,
as the case may be, by the number equal to the number of weeks in that period.
.
Amendment of regulation 20 of the Family Credit Regulations
16
In regulation 20 of the family Credit Regulations (calculation of net earnings of employed earners) for sub-paragraph (b) of paragraph (4) there shall be substituted the following sub-paragraphs —
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages applicable at the date of claim in accordance with section 8(1) (a) and (b) of that Act; and
.
Insertion of regulation 20ZA of the Family Credit Regulations
17
After regulation 20 of the Family Credit Regulations there shall be inserted the following regulation —
Calculation of net earnings of directors
20ZA
1
For the purposes of regulation 14A (normal weekly earnings of directors) the earnings of a claimant to be taken into account shall be his net earnings derived from, or likely to be derived from, his employment as a director during the assessment period relevant to his case, and those net earnings shall be determined in accordance with the following paragraphs.
2
There shall be disregarded from a claimant’s net earnings any sum, where applicable, specified in Schedule 1.
3
A claimant’s net earnings shall, except where paragraph (4) applies, be calculated by taking into account his gross earnings from that employment, less —
a
any amount deducted from those earnings by way of —
i
income tax;
ii
primary Class 1 contributions under the Contributions and Benefits Act; and
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
4
Where some or all of the claimant’s earnings are estimated under regulation 14A(2), those net earnings shall be calculated by taking into account the estimated gross earnings, less —
a
an amount representing income tax, calculated by applying to those earnings the lower rate or, as the case may be, the lower rate and the basic rate of income tax in the year of assessment in which the claim was made, taking into account the personal relief to which the claimant would be entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal relief); except that if the period in respect of which the estimate is made is less than a year, the lower rate and, if appropriate, the basic rate of tax and the amount of the personal relief allowable under this sub-paragraph shall be reduced pro-rata;
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages applicable at the date of claim in accordance with section 8(1) (a) and (b) of that Act; and
c
one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme.
Amendment of regulation 20A of the Family Credit Regulations
18
In regulation 20A of the Family Credit Regulations (calculation of bonus or commission) for paragraph (b) there shall be substituted the following paragraph —
b
an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to that part of the earnings the main primary percentage applicable at the date of claim; and
.0
Amendment of regulation 22 of the Family Credit Regulations
19
1
Regulation 22 of the Family Credit Regulations (calculation of net profit of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
For the words “one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme” in each place in the regulation where they occur there shall be substituted the words “one-half of the amount in respect of any qualifying premium calculated in accordance with paragraph (13)”.
3
In paragraph (12) for the words “In this regulation” there shall be substituted the words —
In this regulation —
“qualifying premium” means any premium which at the date of claim is payable periodically in respect of a retirement annuity contract or a personal pension scheme;
.
4
After paragraph (12) there shall be added the following paragraph —
13
The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
Amendment of regulation 26 of the Family Credit Regulations
20
In regulation 26 of the Family Credit Regulations (national income) for sub-paragraph (b) of paragraph (6) there shall be substituted the following sub-paragraph —
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages applicable at the date of claim in accordance with section 8(1) (a) and (b) of that Act; and
.
Amendment of regulation 42 of the Family Credit Regulations
21
In regulation 42 of the Family Credit Regulations (certain amounts to be disregarded in respect of students' income) —
a
for the words “other than grant income and covenant income” there shall be substituted the words “other than grant income, covenant income and loans treated as income in accordance with regulation 42A ”;
b
after the words “sums disregarded under regulation 38(2)” there shall be inserted the words “and (2A)” .
Amendment of Schedule 2 to the Family Credit Regulations
22
1
Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 19 there shall be substituted the following paragraph —
19
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 18 or 40 refers, and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family —
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.
.
3
For paragraph 40 there shall be substituted the following paragraph —
40
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
4
At the end of the Schedule there shall be added the following paragraph —
51
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
.
Amendment of regulation 22 of the Disability Working Allowance Regulations
23
In regulation 22 of the Disability Working Allowance Regulations (calculation of net earnings of employed earners) for sub-paragraph (b) of paragraph (4) there shall be substituted the following sub-paragraph —
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages applicable at the date of claim in accordance with section 8(1)(a) and (b) of that Act; and
.
Amendment of regulation 23 of the Disability Working Allowance Regulations
24
In regulation 23 of the Disability Working Allowance Regulations (calculation of bonus or commission) for paragraph (b) there shall be substituted the following paragraph —
b
an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to that part of the earnings the main primary percentage applicable at the date of claim; and
.
Amendment of regulation 25 of the Disability Working Allowance Regulations
25
1
Regulation 25 of the Disability Working Allowance Regulations (calculation of net profit of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
For the words “one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme” in each place in the regulation where they occur there shall be substituted the words “one-half of the amount in respect of any qualifying premium calculated in accordance with paragraph (15)”.
3
In paragraph (14) for the words “In this regulation” there shall be substituted the words —
In this regulation —
“qualifying premium” means any premium which at the date of claim is payable periodically in respect of a retirement annuity contract or a personal pension scheme;
.
4
After paragraph (14) there shall be added the following paragraph —
15
The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
.
Amendment of regulation 29 of the Disability Working Allowance Regulations
26
In regulation 29 of the Disability Working Allowance Regulations (notional income) for sub-paragraph (b) of paragraph (6) there shall be substituted the following sub-paragraph —
b
where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Contributions and Benefits Act, calculated by applying to those earnings the initial and main primary percentages applicable at the date of claim in accordance with section 8(1)(a) and (b) of that Act; and
.
Amendment of regulation 46 of the Disability Working Allowance Regulations
27
In regulation 46 of the Disability Working Allowance Regulations (certain amounts to be disregarded in respect of students' income) —
a
for the words “other than grant income and covenant income” there shall be substituted the words “other than grant income, covenant income and loans treated as income in accordance with regulation 47”;
b
after the words “sums disregarded under regulation 42(2)” there shall be inserted the words “and (2A)” .
Amendment of Schedule 3 to the Disability Working Allowance Regulations
28
1
Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 19 there shall be substituted the following paragraph —
19
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 18 or 38 refers, and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by State person or a member of his family —
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.
.
3
For paragraph 38 there shall be substituted the following paragraph —
38
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
.
4
At the end of the Schedule there shall be added the following paragraph —
49
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Albans and Hemel Hempstead National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St. Albans and Hemel Hempstead National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the St. Albans and Hemel Hempstead National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at St. Albans City Hospital, Waverley Road, St. Albans AL3 5PN, Hemel Hempstead General Hospital, Hillfield Road, Hemel Hempstead HP3 4AD and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North West Hertfordshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The North West Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North West Hertfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Southern Derbyshire Health Authority;
“the Trust” means the Southern Derbyshire Mental Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th 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
18th May 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Schools Conducted by Education Associations) (Initial Articles of Government) Regulations 1994 and shall come into force on 1st December 1994.
2
In regulations 2 and 3 below, references to the 1993 Act are to the Education Act 1993.
Initial articles of government
2
For the purposes of section 223(3) of the 1993 Act, the initial articles of government for a school conducted by an Education Association shall be as set out in the Schedule to these Regulations.
Provisions of initial articles of government having effect before transfer date
3
In relation to any school in respect of which an order under section 220 of the 1993 Act has been made the following provisions of the initial articles of government shall have effect from the date of the order: Articles 1, 3, 4, 5, 7 to 10, 14, 16, 19, 21 to 26 and Appendices 1 and 2.
Revocation
4
The Education (Schools Conducted by Education Associations) (Initial Articles of Government) Regulations 1993 are revoked.


text:
1
This Order may be cited as the Public Telecommunication System Designation (Encom Cable TV & Telecommunications Limited) (Dartford) Order 1994 and shall come into force on 25th April 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
22nd March 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Downs) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April 1994.
Revocation and interpretation
2
1
The Environmentally Sensitive Areas (South Downs) Designation (Amendment) Order 1994 is hereby revoked and the Environmentally Sensitive Areas (South Downs) Designation Order 1992 , shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.
2
In this Order “the principal Order ” means the said Order of 1992 as it had effect immediately before the said Order of 1994 came into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “chalk downland” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 3 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
In paragraph (2) of article 6 of the principal Order for the table there shall be substituted the following table:
Option £ per hectare of land per annum
1 260 2 220 3 80
3
For paragraph (3) of article 6 of the principal Order, there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Amendment of the Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 9 of Schedule 3 to the principal Order there shall be inserted the following paragraph:
10
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
Saving
8
Paragraph (2) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northgate and Prudhoe National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northgate and Prudhoe National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northgate and Prudhoe National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Northgate Hospital, Morpeth, Northumberland NE61 3BP and Prudhoe Hospital, Northumberland NE42 5NT, and associated hospitals;
b
to manage community health services provided from Northgate Hospital, Morpeth, Northumberland NE61 3BP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Northumberland Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Northumberland Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Northumberland Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
31st January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Freeman Group of Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Newcastle Health Authority;
“the Trust” means the Freeman Group of 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 22nd July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 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
12th January 1994


text:
1
This Order shall come into force on 14th April 1994 and may be cited as the A30 Trunk Road (Honiton to Exeter Improvement and Slip Roads) Order 1994.
2
The new highways which the Secretary of State proposes to construct
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”), and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highway along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
3
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
In this Order
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2/SWM85, marked “The A30 Trunk Road (Honiton to Exeter Improvement and Slip Roads) Order 1994”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road” means the main new trunk road and the slip roads; and
iii
“the trunk road” means the A30 Trunk Road.
Signed by authority ofthe Secretary of State for Transport
S. T. McQuillan
Regional Director South West Region
Department of Transport
30th March 1994


text:
1
These Regulations may be cited as the Trade Marks (Customs) Regulations 1994 and shall come into force on 31st October 1994.
2
If notice is given under section 89(1) of The Trade Marks Act 1994 by the proprietor or licensee of a registered trade mark in respect of certain goods it shall be in the form set out in the Schedule to these Regulations or a form to the like effect approved by the Commissioners; and separate notices shall be given in respect of each arrival of such goods.
3
A fee of £30 (plus value added tax) in respect of each notice shall be paid to the Commissioners at the time it is given.
4
The person giving the notice shall give to the Commissioners such security or further security within such time and in such manner, whether by deposit of a sum of money or guarantee, as the Commissioners may require, in respect of any liability or expense which they may incur in consequence of the notice by reason of the detention of any goods or anything done to goods so detained: and if such security or further security is not given within the time specified by the Commissioners, then (but without prejudice to the operation of regulation 5 below) the notice shall have no effect.
5
In every case, whether any security or further security is given or not, the person who has given the notice shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 4 above.
6
1
The person giving the notice shall, either on giving notice or when the goods are imported, furnish the Commissioners with the certificate of registration (or a copy of it) issued by the Registrar of Trade Marks on the registration of the trade mark specified in the notice, together with evidence that such registration was duly renewed at all such times as it may have expired.
2
If such a certificate or copy and, where applicable, evidence of renewal is not furnished in accordance with paragraph (1) above then the goods shall not be detained, or, if detained, shall be released, and (but without prejudice to the operation of regulation 5 above) any notice given in respect of them shall have no effect.
7
The Trade Marks (Customs) Regulations 1970 are hereby revoked.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ.
11th October 1994


text:
Citation and commencement
1
This Order may be cited as the Dacorum and St Albans Community National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Dacorum and St Albans Community National Health Service Trust established by the Dacorum and St Albans Community National Health Service Trust (Establishment) Order 1991 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
21st March 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Fosse Health, Leicestershire Community 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 Leicestershire Health Authority;
“the Trust” means the Fosse Health, Leicestershire Community 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 March 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:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Manchester University Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Manchester University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Manchester University Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services providedat Wythenshawe Hospital, Southmoor Road, Wythenshawe, Manchester M23 9LT, Withington Hospital, West Didsbury, Manchester, M20 8LR and associated hospitals (including the management of their teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Manchester Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South Manchester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Manchester Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Burnley Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the Burnley, Pendle and Rossendale Health Authority;
“the Trust” means the Burnley Health Care 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 June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 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
11th January 1994


text:
1
This Order may be cited as the Education (Writtle Agricultural College Further Education Corporation) (Transfer to the Higher Education Sector) Order 1994 and shall come into force on 1st October 1994.
2
On the date on which this Order comes into force Writtle Agricultural College Further Education Corporation shall cease to be a further education corporation and shall become a higher education corporation.
Gillian Shephard
Secretary of State for Education
28th July 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “livestock unit” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement.
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (3) of article 6 of the principal Order there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
.
Schedules.
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 6 of Schedule 4 to the principal Order there shall be inserted the following paragraph:
7
The provision and restoration of gates, stiles and footbridges wlt,ere an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1994 and shall come into force on 1st June 1994.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1993 and the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 1993 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires —
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by Regulations made under section 80;
“approval requirements” means —
the requirements for examination and approval as regards the type approval requirements specified in —
a Community Instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directive 93/ 81/EEC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community Instrument or ECE Regulation;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcyles (Sound Level Measurement Certificates) Regulations 1980 ;
“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be;
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, N3, O1 or O2 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, N3, O1 or O2 in the Framework Directive.
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 shall have effect for the interpretation of —
a
certain expressions relating to Community Instruments and ECE Regulations , and
b
certain abbreviations
used in Schedule 1
Fees — consecutive examinations
5
1
Subject to regulation 19, where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant with a view to carrying out the relevant examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
2
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification, either —
a
a further relevant examination of any vehicle or any vehicle part is needed with a view to the issue of a further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a further certificate but the alteration is not so extensive as to require a further relevant examination of any vehicle or any vehicle part and can be carried out on an inspection of data supplied by the applicant,
the fee for such an examination or inspection in such proportion of the relevant fee prescribed in regulation 4 as the Secretary of State considers shall be appropriate in view of the nature and extent of the examination or inspection.
2
Paragraph (1) applies to —
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to —
i
a Community Instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of an examination or inspection as is mentioned in regulation 4 or 5 or in paragraph (1) —
a
it has been found impossible to complete the examination or inspection satisfactorily; or
b
the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination,
and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete relevant examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
5
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
6
This regulation is subject to regulation 19.
Fees — examination of a complete vehicle under the national type approval scheme
7
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 2.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in —
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above —
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies —
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case,
the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
7
This regulation is subject to regulation 19.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate
8
1
In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for —
a
the examination of the vehicle; and
b
administrative work (other than the issue of the EC type approval certificate),
with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 2.
5
Where —
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required,
the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate —
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
8
This regulation is subject to regulation 19.
Fees — avoidance of duplication
9
Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
10
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5.
5
The fee for the issue of a sound level measurement certificate is £46.
6
Where —
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than would otherwise have been the case,
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
7
This regulation is subject to regulation 19.
Additional fees payable for the issue of documents under the national scheme
11
1
In this regulation —
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC, —
“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means —
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued;
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
12
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of —
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to —
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If —
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
13
1
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid —
a
in the case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
14
1
Subject to the provisions of regulation 15, if an applicant —
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies —
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £99;
b
if the Secretary of State is not so notified —
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £219 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies —
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £97;
b
if the Secretary of State is not so notified, the cancellation fee shall be £286.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided —
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
7
This regulation is subject to regulation 19.
Submission of alternative vehicle or vehicle part for examination
15
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 14(1) but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
16
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is —
a
if the vehicle is one in respect of which a certificate of conformity has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is —
a
£30 if the vehicle is in category N1; or
b
£10 if the vehicle is in category N2 or N3.
Approval of facilities
17
1
Subject to regulation 19, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate of £71.
2
Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
18
Subject to regulation 19, the fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £71.
Fees — work carried out in the United States of America, Canada or Mexico
19
In relation to —
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18 shall be increased by 33 per cent.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
5th May 1994
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Tim Wood
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thameside Community Health Care 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 South Essex Health Authority;
“the Trust” means the Thameside Community Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th June 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:
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
There shall be substituted for article 3(1) of the Education (National Curriculum) (Modern Foreign Languages) Order 1991 , the following paragraph:
1
Subject to paragraph (2), in the case of schools in England the modern foreign languages listed in the Schedule to this Order are hereby specified as foundation subjects in relation to the third and fourth key stages, and in the case of schools in Wales those modern foreign languages are hereby specified as foundation subjects in relation to the third key stage.
.
John Patten
Secretary of State for Education
6th July 1994
John Redwood
Secretary of State for Wales
7th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railway Pensions (Substitution) Order 1994 and shall come into force on 13th September 1994.
2
In this Order —
“actuarial valuation” means an actuarial valuation of the Railways Pension Scheme made by the actuaries under the second paragraph of Clause 6B (Actuarial Valuations) of the Railways Pension Scheme or such other actuarial valuation made by the actuaries as the Secretary of State and the trustee of the Railways Pension Scheme may agree shall constitute an actuarial valuation for the purposes of this Order;
“actuaries” means the actuary appointed by the trustee of the Railways Pension Scheme under Clause 6B of that Scheme and the Government Actuary;
“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales;
“the Paragraph 1 Section” means the section of the Railways Pension Scheme designated in paragraph 1 of Schedule 5 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purpose of Part III of the Transport Act 1980;
“the Paragraph 4 Section” means the section of the Railways Pension Scheme designated in paragraph 4 of Schedule 5 to the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purpose of Part III of the Transport Act 1980;
“the Railways Pension Scheme” means the occupational pension scheme established by the Railways Pension Scheme Order 1994 , as amended by the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 and by two deeds dated 8th September 1994 made by the trustee of the scheme;
“retail prices index” means the general index of retail prices (for all items) published by the Central Statistical Office;
“valuation date” means, in relation to any actuarial valuation, the date at which that valuation is made; and
a reference to an actuarial valuation which has been signed shall be taken to be a reference to an actuarial valuation which has been signed by or on behalf of the actuaries, and cognate expressions shall be construed accordingly.
3
Where this Order requires any payment to be made on any particular day that payment shall be made on that day, or if that day is not a business day on the next following business day.
4
Except so far as the context otherwise requires, any reference in this Order to a numbered article is to the article in this Order which bears that number.
2
The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Paragraph 1 Section is 13 October 1994, and the liability of the Secretary of State to make to the persons administering the Paragraph 1 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.
3
As at the termination date in relation to the Paragraph 1 Section the capital value of the unfunded obligations in the case of that section is £385,981,000, such amount having been determined by the Secretary of State.
4
The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Paragraph 4 Section is 13 October 1994, and the liability of the Secretary of State to make to the persons administering the Paragraph 4 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.
5
As at the termination date in relation to the Paragraph 4 Section the capital value of the unfunded obligations in the case of that section is £5,001,000, such amount having been determined by the Secretary of State.
6
1
Schedules 1 and 2 to this Order shall have effect for the purpose of —
a
requiring the Secretary of State to make payments in respect of the capital values of the unfunded obligations specified in articles 3 and 5; and
b
providing for the accrual and payment of interest on the outstanding balances of the capital values of the unfunded obligations specified in articles 3 and 5.
2
Any payment required to be made by the Secretary of State under Schedule 1 or 2 shall be made to the persons administering the Paragraph 1 Section and the Paragraph 4 Section.
7
1
The obligations to make payments under Schedules 1 and 2 shall be discharged if both the Paragraph 1 Section and the Paragraph 4 Section (“the sections”) have, in the opinion of the Secretary of State, been wound up.
2
Where it appears to the Secretary of State that the sections may have been wound up the Secretary of State shall consult with the trustee of the Railways Pension Scheme.
3
The Secretary of State shall notify the trustee of the Railways Pension Scheme of any determination by him that in his opinion the sections have been wound up.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
12th September 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry Act 1994 (Commencement No. 3) Order 1994.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Provision coming into force on 24th December 1994
2
Part III of Schedule 11 to the Act shall, so far as it relates to the repeals set out in the Schedule to this Order, come into force on 24th December 1994.
Charles Wardle
Parliamentary Under Secretary for Industry and Energy,
Department of Trade and Industry
1st December 1994