text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 and shall come into force on 2nd October 1995.
2
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 2nd October 1995 which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations .
3
In these Regulations, the “Income Support Regulations” means the Income Support (General) Regulations 1987 .
Housing costs
2
In the Income Support Regulations, for Schedule 3, there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Direct payments
3
The provisions of Schedules 9 and 9A to the Social Security (Claims and Payments) Regulations 1987 (which relate to direct payments) shall be amended in accordance with the provisions of Schedule 2 to these Regulations.
Disregards
4
The provisions of Schedule 9 to the Income Support Regulations (which specifies sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the provisions of Schedule 3 to these Regulations.
Revocations and savings
5
1
The Regulations specified in column (2) of Schedule 4 to these Regulations are revoked to the extent specified in column (3) of that Schedule.
2
The revocation by paragraph (1) above and Schedule 4 to these Regulations of any provision previously amended or substituted but subject to a saving for existing beneficiaries does not affect the continued operation of those savings.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
26th June 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mancunian Community Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the first Trust” means the Central Manchester Healthcare National Health Service Trust;
“the second Trust” means the Mancunian Community 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 first Trust and the second Trust on6th March 1995, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 6th June 1995 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital Birmingham National Health Service Trust (Establishment) Order 1995 and shall come into force on 31st March 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the University Hospital Birmingham 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 University Hospital Birmingham 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 Selly Oak Hospital, Oak Tree Lane, Birmingham B29 6JF and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of Birmingham.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
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 Birmingham 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 Birmingham 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 Birmingham 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
20th March 1995


text:
1
This Order may be cited as the Trunk Road (A3) (Robin Hood Way Service Road, Kingston upon Thames) (Restriction of Entry) Order 1982 (Variation) Order 1995 and shall come into force on 30th October 1995.
2
In this Order:
“the trunk road” means that length of the A3 Trunk Road in the Royal Borough of Kingston Upon Thames known as Robin Hood Way Service Road; and
“London local service” has the meaning given in section 34(1) of the Transport Act 1985 .
3
1
The Trunk Road (A3) (Robin Hood Way Service Road, Kingston upon Thames) (Restriction of Entry) Order 1982 , shall be varied as follows.
2
In article 2, before the definition of “Robin Hood Way” there shall be inserted the following —
“London local service” has the meaning given in section 34(1) of the Transport Act 1985.
3
In article 4, for paragraph (a) there shall be substituted —
a
if the vehicle is a pedal cycle or a public service vehicle being used in the provision of a London local service
.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director, Highways Agency, London Network Management Division
23rd October 1995


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Education (School Information) (England) (Amendment) Regulations 1995 and shall come into force on 16th October 1995.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Information) (England) Regulations 1994 and words and expressions used in these Regulations have the same meaning as in those Regulations.
Amendment of the principal Regulations
2
1
Regulation 3 of the principal Regulations (interpretation) shall be amended as follows.
2
There shall be inserted at the appropriate places in alphabetical order in paragraph (1) the following definitions —
“core subjects” means English, mathematics and science;
;
“level” means a level on the levels of attainment set out in any document of a kind referred to in section 4(4) of the 1988 Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any order made under section 4(2)(a) and (b) of that Act and, unless the context otherwise requires, means such level determined in accordance with the statutory arrangements;
;
“NC tests”, in relation to pupils in the final year of the first key stage, means National Curriculum standard tasks administered to pupils pursuant to article 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 and, in relation to pupils in the final year of the second or third key stage, “NC tests”and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils to assess the level of attainment which they have achieved in any of the core subjects being tests and tasks laid down in provisions made by the Secretary of State under orders made under section 4(2)(c) of the 1988 Act which have been published by Her Majesty’s Stationery Office;
;
“the statutory arrangements” means assessment arrangements specified by orders made under section 4(2)(c) of the 1988 Act;
;
“teacher assessment” means assessment of a pupil’s level of attainment in any of the core subjects by a teacher as specified in the statutory arrangements;
.
3
In paragraph (5) there shall be inserted after “first key stage” the words “second key stage”and there shall be substituted for “and” where it appears for the second time the word “to”.
3
In regulation 9 of the principal Regulations (determination of examination results particulars) for paragraph (6) there shall be substituted the following paragraph —
6
In the case of a pupil who has been entered for both GCE “A” level and GCE “AS” examinations in the same subject —
a
except in the circumstances described in sub-paragraph (b), only the GCE “A” level examination result shall be taken into account;
b
where the pupil achieves grade N or fails to achieve a grade in the GCE “A” level examination but achieves a grade between A and E inclusive in the GCE “AS” examination, only the GCE “AS” examination result shall be taken into account.
.
4
1
Schedule 2 to the principal Regulations (information to be published by governing bodies) shall be amended as follows.
2
In paragraph 6(1) (statement on curriculum and organisation of education) there shall be substituted for “section 7 of the Education Act 1981 ” the words “section 168 of the Education Act 1993”.
3
In paragraph 10 (particulars of careers education) there shall be inserted after “education”the words “and guidance”.
4
In paragraph 11(2) (particulars of religious education) there shall be substituted for the words beginning with “and of” to the end of that sub-paragraph the words “a statement that a pupil shall, pursuant to section 9 of the 1988 Act , be excused wholly or partly from attendance at religious worship in the school or from receiving religious education given in the school, or both, if the parent of the pupil so requests and particulars of any arrangements as respects the exercise by the parent of a pupil of rights under section 9 of the 1988 Act in relation to the pupil’s attendance at religious worship or religious education or both.”.
5
In paragraph 15(1) (first key stage information) there shall be substituted for “at or near the end of” the word “in”.
6
There shall be substituted for paragraph 15(2) the following sub-paragraph —
2
Where the number of such pupils is ten or more, the percentage who in respect of each of mathematics and the attainment targets in English in sub-paragraph (3) —
a
in respect of each level of the 10 level scale were assessed as having reached that level;
b
were assessed as working towards level 1; or
c
were exempted from assessment under section 18 or 19 of the 1988 Act.
.
7
Paragraph 15(3)(e) and the word “and” preceding it shall be revoked.
8
At the end of paragraph 15(4) there shall be added “and in mathematics”.
9
After paragraph 15(4) there shall be inserted the following sub-paragraph —
4A
Where the number of such pupils is ten or more, the percentage who in respect of each of mathematics and the attainment targets in English in sub-paragraph (3) were assessed by teacher assessment but were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tests and, the percentage who in each of mathematics and those attainment targets were assessed by the administration of NC tests but were exempted under section 18 or 19 of that Act from teacher assessment.
.
10
In paragraph 15(6) there shall be substituted for “a test” the words “any NC tests” and after “15(2)” there shall be inserted “(a) and (b)”.
11
After paragraph 15 there shall be inserted the following paragraph —
15A
1
The number of registered pupils in the final year of the second key stage.
2
Where the number of such pupils is ten or more, the percentage who in respect of each of the core subjects —
a
in respect of each level of the 10 level scale were assessed as having reached that level;
b
were assessed as working towards level 1;
c
were exempted from assessment under section 18 or 19 of the 1988 Act;
d
failed to register a level because they were absent from the assessment; or
e
failed to register a level on being assessed.
3
Where the number of such pupils is fewer than ten but not fewer than five, the percentage who in respect of each of the core subjects were assessed as having reached level 4 or above.
4
Where the number of such pupils is ten or more, the percentage who in respect of each of the core subjects were assessed by teacher assessment but were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tests or NC tasks, or both, and, the percentage who in each of those subjects were assessed by the administration of NC tests or NC tasks, or both, but were exempted under section 18 or 19 of the 1988 Act from teacher assessment.
5
Where the number of such pupils is fewer than five, a statement recording the fact and explaining that the results of assessment are not to be published for reasons of confidentiality.
6
Where a pupil has been assessed both by teacher assessment and by the administration of any NC tests or NC tasks (or both), the information referred to in sub-paragraphs (2)(a) and (b) and (3) shall be given in respect of both the teacher assessment and by the tests or tasks (or both, in accordance with regulation 16A).
.
12
In paragraph 16(1) (third key stage information) there shall be substituted for “at or near the end of” the word “in”.
13
There shall be substituted for paragraph 16(2) the following sub-paragraph —
2
Where the number of such pupils is ten or more, the percentage who in respect of each of the core subjects —
a
in respect of each level of the 10 level scale were assessed as having reached that level;
b
were assessed as working towards level 1;
c
were exempted from assessment under section 18 or 19 of the 1988 Act;
d
failed to register a level because they missed the assessment by reason of absence; or
e
failed to register a level on being assessed.
.
14
In paragraph 16(3) there shall be substituted for “6” the number “5” and there shall be added after this sub-paragraph the following sub-paragraph —
3A
Where the number of such pupils is ten or more, the percentage who in respect of each of the core subjects were assessed by teacher assessment but were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tests or NC tasks, or both, and the percentage who in each of those subjects were assessed by the administration of NC tests or NC tasks, or both, but were exempted under section 18 or 19 of that Act from teacher assessment.
.
15
There shall be substituted for paragraph 16(5) the following sub-paragraph —
5
Where a pupil has been assessed both by teacher assessment and by the administration of any NC tests or NC tasks (or both) the information referred to in sub-paragraphs (2)(a) and (b) and (3) shall be given in respect of both the teacher assessment and by the tests or tasks (or both, in accordance with regulation 16A).
.
16
There shall be inserted after paragraph 16 the following paragraph —
16A
Where both NC tests and NC tasks are administered to a pupil, for the purposes of paragraphs 15A(6) and 16(5) only the result which indicates the highest level of attainment which the pupil has achieved in any core subject concerned is to be used for the purposes of the information to be given.
.
17
In paragraph 18(c), (d)(iv) and (f)(i) (public examinations and qualifications information) there shall be omitted “by the School Curriculum and Assessment Authority” and there shall be inserted after “Royal Society of Arts” the words “Examination Board”.
18
In paragraph 19(i)(i) and (k)(iv)(i) (public examinations and qualifications information) there shall be inserted after “Royal Society of Arts” the words “Examination Board”.
19
In paragraph 21(1), (2) and (3)(b) (information as to absence) there shall be substituted for “28th May” the words “on or before the Friday before the last Monday in May”.
20
In paragraph 21(5) there shall be omitted the words “a school providing education for”and “only”.
Transitional provisions
5
In so far as the governing body of a maintained school have already published, pursuant to regulation 8 of the principal Regulations, for the publication school year ending in 1995 the information specified in Schedule 2 thereto before the date that these Regulations come into force, none of the amendments to the principal Regulations effected by these Regulations shall apply in respect of that governing body and that school in relation to that publication school year.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education and Employment
21st September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Lloyd’s Underwriters (Special Reserve Funds) (Amendment) Regulations 1995 and shall come into force on 23rd May 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Lloyd’s Underwriters (Special Reserve Funds) Regulations 1995 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 5(2)(a)(i) for the word “above” there shall be substituted the words “of Schedule 20”.
4
For regulation 7 there shall be substituted the following regulations —
7
1
For the purposes of the Income Tax Acts and these Regulations —
a
references in paragraphs 1, 3 to 6, 8 and 10 of Schedule 20 to a member, other than references relating to a member’s special reserve fund, shall be construed, in the circumstances specified in paragraph (2) below and unless the context otherwise requires, as including references to the member’s personal representatives;
b
references in those paragraphs to a member’s special reserve fund shall be construed, in the circumstances specified in paragraph (2) below and unless the context otherwise requires, as including references to income arising after the death of the member from assets of the fund and retained by the trustees, and profits arising from the investment of that income.
2
The circumstances specified in this paragraph are where —
a
the member dies on or after 6th April 1994, and
b
the member’s personal representatives carry on his underwriting business after his death.
3
This regulation shall have effect —
a
in its application to paragraphs 1, 3 to 6 and 8 of Schedule 20, for the year 1994-95 and subsequent years of assessment;
b
in its application to paragraph 10 of Schedule 20, for the year 1997-98 and subsequent years of assessment.
7A
1
Paragraph 9 of Schedule 20 (tax exemption for profits arising from assets of fund) shall apply with the modifications specified in paragraphs (2) and (3) below.
2
In sub-paragraph (1) after the words “special reserve fund” there shall be inserted the words “or arising after the death of the member from the investment of income retained by the trustees”.
3
In sub-paragraphs (2) and (3) after the words “special reserve fund” in both places where they occur there shall be inserted the words “or arising after the death of the member as mentioned in sub-paragraph (1) above”.
4
This regulation shall have effect for the year 1994-95 and subsequent years of assessment.
.
5
1
In regulation 8 —
a
in paragraph (1) for “(2)” there shall be substituted “(1A)”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
In sub-paragraph (2) for the words from “under paragraph 7(1) above” to “assigns” there shall be substituted the words “which is made by the trustees to him or his personal representatives or assigns out of his special reserve fund under paragraph 7(1) above, or otherwise than”.
.
2
This regulation shall have effect for the year 1994-95 and subsequent years of assessment.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
2nd May 1995


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


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Upper Richmond Road West) Red Route (Prescribed Route No.1) Experimental Traffic Order 1995, and shall come into force on 7th November 1995.
Interpretation
2
In this Order —
a
causing includes permitting;
b
“disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations.
Prohibition
3
Subject to the provisions of article 4 below, no person shall cause any motor vehicle proceeding in Upper Richmond Road West in the London Borough of Richmond upon Thames to enter the south-east arm of Sheen Lane (which fronts Nos. 137 to 141 and Parkway House, Sheen Lane).
Exemptions
4
Nothing in article 3 above shall apply to —
a
any person causing any vehicle to enter the said south-east arm of Sheen Lane for the purpose of loading or unloading a vehicle in that arm;
b
any person using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position;
c
anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
d
a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on-street, or for preserving or improving the amenities of the area through which any road affected by this order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
19th October 1995


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) Order 1995 and shall come into force on 1st March 1995.
2
The Value Added Tax (Input Tax) Order 1992 shall be amended in accordance with the following provisions of this Order.
3
In article 2 —
a
in the definition of “the Act”, for “1983” there shall be substituted “1994”;
b
after the definition of “the Manx Act”, there shall be inserted —
“building materials” means any goods the supply of which would be zero-rated if supplied by a taxable person to a person to whom he is also making a supply of a description within either item 2 or item 3 of Group 5, or item 2 of Group 6, of Schedule 8 to the Act;
c
in the definition of “caravan”, for “item 1 of Group 11 of Schedule 5 to the Act” there shall be substituted “item 1 of Group 9 of Schedule 8 to the Act”; and
4
In article 4 —
a
in paragraph (1), for “14” there shall be substituted “25”;
b
in paragraph (3)(b), for “18” there shall be substituted “32”;
c
in paragraph (3)(c), for “3(3)” there shall be substituted “5(3)”; and
d
in paragraph (3)(d), for “19(1)” there shall be substituted “37(1)”.
5
In paragraph (1) of article 5, for “14” there shall be substituted “25”.
6
For article 6, there shall be substituted —
6
Where a taxable person constructing, or effecting any works to a building, in either case for the purpose of making a grant of a major interest in it or any part of it or its site which is of a description in Schedule 8 to the Act, incorporates goods other than building materials in any part of the building or its site, input tax on the supply, acquisition or importation of the goods shall be excluded from credit under section 25 of the Act.
.
7
In article 7 —
a
in paragraph (1), for “14” there shall be substituted “25”;
b
in paragraph (2)(d)(i), for “paragraph 5A of Schedule 2 to the Act” there shall be substituted “paragraph 6 of Schedule 4 to the Act”;
c
in paragraph (2)(d)(ii), for “16(7)” there shall be substituted “30(8)”;
d
in paragraph (2)(f), for “item 12 of Group 14 of Schedule 5” there shall be substituted “item 14 of Group 12 of Schedule 8”;
e
in paragraph (4), for “14(10)” there shall be substituted “25(7)”; and
f
in paragraph (5)(b), for “3(5)” there shall be substituted “5(5)”.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the East Norfolk Health Authority;
“the Trust” means the Norfolk Mental 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 18th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th June 1995


text:
Citation and commencement
1
This Order may be cited as the Mid and West Wales Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Mid and West Wales Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
10th December 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1995 and shall come into force on 4th May 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing for mackerel ( Scomber scombrus ) —
a
by any British fishing boat registered in the United Kingdom within that part of sea area ICES Statistical Division IIa which lies within British fishery limits and any part of sea areas ICES Statistical Divisions IIIa, b, c and d and ICES Statistical Sub-Area IV , and
b
by any other British fishing boat within any part of sea areas ICES Statistical Division IIa and ICES Statistical Sub-Area IV which lie within British fishery limits
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1996.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) and (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) abover and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a Btritish sea-fishery officer.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
1st May 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd May 1995
Signed by authority of the Secretary of state for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
2nd May 1995
J. Chilcot
Permanent Under Secretary of State, Northern Ireland
1st May 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1995 and shall come into force on 2nd January 1996.
2
In these Regulations —
a
“the Principal Regulations ” means the Housing Benefit (General) Regulations 1987 and expressions used in these Regulations and in the Principal Regulations shall have, unless the context otherwise requires, the same meaning in these Regulations as they have in the Principal Regulations; and
b
a reference to a numbered regulation is to the regulation in these Regulations bearing that number and, unless the context otherwise requires, a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Amendment of regulation 2 of the Principal Regulations
2
1
Regulation 2(1) of the Principal Regulations (interpretation) shall be amended in accordance with the following paragraphs.
2
After the definition of “family” there shall be inserted the following definition —
“Housing Act functions” has the same meaning as in section 136(1) of the Administration Act;
.
3
After the definition of “maternity leave” there shall be inserted the following definition —
“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 11 applies;
.
Amendment of regulation 8 of the Principal Regulations
3
In regulation 8(1) of the Principal Regulations (eligible housing costs) for the words “regulation 10(3) (rent)” there shall be substituted the words “regulations 10(3), (6A) and (6B) (rent) and 11 (maximum rent)”.
Amendment of regulation 10 of the Principal Regulations
4
1
Regulation 10 of the Principal Regulations (rent) shall be amended in accordance with the following paragraphs.
2
In paragraph (3) —
a
for the words “and to regulations 11 and 12 (restrictions on unreasonable payments and rent increases)” there shall be substituted the words “and to paragraphs (6A) and (6B) and regulations 11 (maximum rent) and 12 (restrictions on rent increases)”; and
b
in sub-paragraph (b), after “with Schedule 1” there shall be inserted the words “except in a case where an amount in respect of that ineligible charge has been deducted from a relevant rent as defined in regulation 11(13) and a maximum rent has been determined by reference to that relevant rent”.
3
After paragraph (6) there shall be inserted the following paragraphs —
6A
In no case shall the amount of a person’s eligible rent as determined in accordance with the preceding paragraphs of this regulation exceed the amount of the maximum rent.
6B
In any case where it appears to the authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.
.
Substitution of regulation 11 of the Principal Regulations
5
For regulation 11 of the Principal Regulations (restrictions on unreasonable payments) there shall be substituted the following regulation —
Maximum rent
11
1
Where an authority has applied to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers) and a rent officer has made a determination or redetermination in exercise of the Housing Act functions, the maximum rent shall be determined in accordance with paragraphs (2) to (12).
2
In a case where the rent officer has determined a relevant rent, but is not required to notify the authority of a local reference rent, the maximum rent shall be that relevant rent.
3
In a case where the rent officer has determined and is required to notify the authority of a local reference rent, the maximum rent shall not exceed twice that local reference rent.
4
Subject to the limit specified in paragraph (3), in a case where the rent officer has determined both a local reference rent of which he is required to notify the authority and a relevant rent, and —
a
the relevant rent is higher than the local reference rent, the maximum rent shall be the local reference rent plus 50 per cent. of the amount by which the relevant rent exceeds the local reference rent;
b
the local reference rent is higher than the relevant rent, the maximum rent shall be the relevant rent.
5
Subject to the limit specified in paragraph (3), in a case where the rent officer has determined a local reference rent of which he is required to notify the authority, but has not determined a relevant rent and the reckonable rent is more than the local reference rent, the maximum rent shall be the local reference rent plus 50 per cent. of the amount by which that reckonable rent exceeds the local reference rent.
6
In a case where —
a
the authority has determined a maximum rent in respect of a dwelling; and
b
during the benefit period the reckonable rent in respect of that dwelling is reduced to a sum which is less than the reckonable rent at the time that maximum rent was determined,
then on review —
i
the maximum rent shall not be reduced during that benefit period where that sum is not less than the maximum rent; and
ii
the maximum rent shall be reduced for the remainder of that benefit period to an amount equal to that sum where that sum is less than the maximum rent.
7
In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom paragraph (11)(b) to (d) applied or, had a claim been made, would have applied, the maximum rent shall be either —
a
the maximum rent which applied before the death occurred; or
b
in a case where there was no maximum rent, the reckonable rent due before the death occurred,
for a period of 12 months from the date of such a death.
8
For the purposes of paragraph (7), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.
9
Subject to paragraph (10), where the appropriate authority is satisfied that a person to whom paragraph (11) applies was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant’s benefit period.
10
Paragraph (9) shall not apply where a claimant was previously entitled to benefit in respect of a benefit period which fell wholly or partly less than 52 weeks before the commencement of his current benefit period.
11
This paragraph applies to the following persons —
a
the claimant;
b
any member of his family;
c
if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;
d
subject to paragraph (12), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him.
12
Paragraph (11)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.
13
In this regulation —
“local reference rent” means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order ;
“property-specific rent” means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it shall be the latter determination;
“reckonable rent” means those payments, which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for this regulation, be eligible for housing benefit;
“the Rent Officers Order” means the Rent Officers (Additional Functions) Order 1995) or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1995 ;
“relevant rent” means
in a case where the rent officer has determined both a property-specific rent and a size-related rent, whichever rent is the lower of the two, or
in a case where the rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent,
less any amount of such a rent which the rent officer has determined, pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order, is attributable to the provision of services which are ineligible to be met by housing benefit; and
“size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order.
.
Amendment of regulation 12A of the Principal Regulations
6
1
Regulation 12A of the Principal Regulations (requirement to refer to rent officers) shall be amended in accordance with the following paragraphs.
2
In paragraph (1), at the end, there shall be added a new sub-paragraph (c) —
or
c
except in the case where any liability to make payments in respect of a dwelling would be to a housing authority, a request from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the appropriate authority, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form —
i
is signed by the prospective occupier;
ii
is countersigned by the person to whom the prospective occupier would incur liability to make such payments; and
iii
indicates that the person countersigning agrees to the application being made for that determination.
.
3
After paragraph (2), there shall be inserted a new paragraph (2A) —
2A
Where an appropriate authority receives a request pursuant to paragraph (1)(c) and it is a case where, by reason of paragraph (2), an application to a rent officer is not required, the authority shall —
a
return it to the prospective occupier, indicating why no such application is required; and
b
where it is not required by reason of either paragraph (2)(a) of this regulation or paragraph 2 of Schedule 1A (cases where the rent officer has already made a determination), shall also send him a copy of that determination within 4 days of the receipt of that request by the authority.
.
4
In paragraph (3), at the end, there shall be added the phrase —
except that, in the case of a request to which paragraph (1)(c) applies, the application shall be made within 2 days of the receipt of that request by the authority.
.
5
For paragraph (4) there shall be substituted —
4
For the purpose of calculating any period of days mentioned in paragraphs 2A or 3, no regard shall be had to a day on which the offices of the appropriate local authority are closed for the purposes of receiving or determining claims.
.
6
In paragraph (8) the definition of “Housing Act functions” shall be omitted and, after the definition of “pre-commencement case”, there shall be inserted the following definition —
“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;
.
Amendment of regulation 61 of the Principal Regulations
7
1
Regulation 61 of the Principal Regulations maximum housing benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) for “Subject to paragraph (2)” there shall be substituted the words “Subject to the following provisions of this regulation”.
3
After paragraph (2) there shall be added the following paragraphs —
3
Where in any case —
a
regulation 11 applies;
b
the maximum rent is less than the amount which would be the claimant’s eligible rent if regulation 11 did not apply (“his reckonable rent”); and
c
the appropriate authority is satisfied that —
i
an amount by way of housing benefit would fall to be payable to the claimant; and
ii
unless that amount is increased, the claimant or a member of his family will suffer exceptional hardship;
the authority may determine that the amount of the person’s appropriate maximum housing benefit calculated in accordance with paragraph (1) shall be such increased amount as it considers appropriate in the particular circumstances of the case, but so that the amount of housing benefit payable to that person, including any such increase, shall not exceed his reckonable rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent free periods), after any deduction made in accordance with section 130(3)(b) of the Contributions and Benefits Act (taper) and regulation 63 (non-dependant deductions) and for the purposes of this paragraph “eligible rent” in those regulations shall be taken to mean his reckonable rent.
4
In a case where paragraphs (2) and (3) both apply an authority may pay an increased amount under both those paragraphs.
.
Amendment of regulation 79 of the Principal Regulations
8
1
Regulation 79 of the Principal Regulations (review of determinations) shall be amended in accordance with the following paragraphs.
2
In paragraph (3)(b) for the words “or (2)” there shall be substituted the words “(2) or (5B)(b)”.
3
After paragraph (4) there shall be inserted a new paragraph (4A) —
4A
Where paragraph (3) applies and the representations referred to in that paragraph relate, in whole or in part, to a rent officer’s determination or redetermination in exercise of the Housing Act functions, the authority shall, within 7 days of receiving those representations, request the rent officer to make a redetermination or, as the case may be, a further redetermination in exercise of those functions and
a
a copy of those representations shall accompany the local authority’s request; and
b
the period of 14 days referred to in paragraph (2) shall not begin to run until the authority has received a redetermination in response to that request.
.
4
After paragraph (5A) there shall be inserted a new paragraph (5B) —
5B
Where a determination has been revised in consequence of a redetermination by a rent officer in exercise of the Housing Act functions and that redetermination has led to —
a
a reduction in the maximum rent, the redetermination shall be a change of circumstance;
b
an increase in the maximum rent, the redetermination shall have effect in place of the original determination.
.
Amendment of Schedule 1A to the Principal Regulations
9
1
Schedule 1A to the Principal Regulations shall be amended in accordance with the following paragraphs.
2
For paragraph 3 there shall be substituted —
3
1
This paragraph applies where the landlord is a registered housing association, none of the other paragraphs of this Schedule apply, and the local authority consider that either
a
the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or
b
the rent payable for that dwelling is unreasonably high.
2
Where this paragraph applies, the authority shall state in the application for a determination that the circumstances set out in sub-paragraph (1) above exist.
.
3
In paragraph 12 there shall be added, at the end, the phrase —
and, in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 12A(1)(c), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.
.
Saving Provision
10
1
Subject to the following provisions of this regulation, the eligible rent of a person —
a
who was entitled to housing benefit on both the first date and the second date; or
b
who is liable to make payments in respect of a dwelling occupied by him as his home, which is exempt accommodation,
shall be determined in accordance with regulations 10 and 11 of the Principal Regulations as in force on 1st January 1996.
2
Paragraph (1)(a) shall only apply in a case where —
a
either —
i
the dwelling occupied as his home by a person to whom paragraph (1)(a) refers is the same on both the first date and the second date; or
ii
the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood, explosion or natural catastrophe rendering the dwelling occupied as the home on the first date uninhabitable; and
b
the person was either —
i
continuously entitled to and in receipt of housing benefit between the first date and the second date in respect of the dwelling to which sub-paragraph (a) above applies; or
ii
not entitled to or receiving housing benefit for a period not exceeding 4 weeks, but was in continuous occupation of the dwelling to which sub-paragraph (a) above refers between the first date and the second date.
3
A person shall be deemed to fulfil the requirements of paragraphs (1)(a) and (2), where —
a
he occupies the dwelling which he occupied on the relevant date;
b
this regulation applied to the previous beneficiary on the relevant date, and
c
the requirements of paragraphs (4) and (5) are satisfied in his case.
4
The requirements of this paragraph are that the person was, on the relevant date,
a
the partner of the previous beneficiary; or
b
in a case where the previous beneficiary died on the relevant date, was a person to whom paragraph (7)(b), (c) or (d) of regulation 11 of the Principal Regulations. as in force on 1st January 1996, applied and for the purposes of this paragraph “claimant” in that paragraph of that regulation shall be taken to be a reference to the previous beneficiary.
5
The requirements of this paragraph are that a claim for housing benefit is made within 4 weeks of the relevant date and where such a claim is made it shall be treated as having been made on the relevant date.
6
In this regulation —
“the first date” means 1st January 1996, except in a case to which paragraph (3) applies, when it shall be the relevant date;
“the second date” means any day after the first date for which a claimant’s entitlement to housing benefit is to be determined;
“the relevant date” means the date —
of the death of a previous beneficiary;
on which a previous beneficiary who was the claimant’s partner left the dwelling so that he and the claimant ceased to be living together as husband and wife; or
on which a previous beneficiary, other than a beneficiary to whom regulation 5(8) of the Principal Regulations applied, was imprisoned, but only where on that date he was the partner of the claimant,
as the case may be;
“exempt accomodation” means accomodation which is —
a place provided by a voluntary organisation or by a local authority in respect of which the Secretary of State has given assistance by way of grant pursuant to paragraph 4 of Schedule 5 to the Supplementary Benefits Act 1976 (grants for organisations providing places for purposes similar to resettlement units) and for this purpose “voluntary organisation” and “local authority” shall have the same meanings as they have in that paragraph; or
provided by a housing association, registered charity or voluntary organisation where care, support or supervision is provided by, or on behalf of, that body to the occupants of that accommodation;
“imprisoned” means detained in custody pending sentence upon conviction or under a sentence imposed by a court;
“previous beneficiary” means a person —
who died, left the dwelling or was imprisoned, as the case may be;
who was on that date in receipt of housing benefit; and
to whom this regulation applied on that date;
and, in this regulation, a reference to a person occupying a dwelling as his home shall be taken to include a person who is treated as occupying a dwelling as his home by virtue of regulation 5 of the Principal Regulations .
Transitional Provisions
11
1
Subject to the following provisions of this regulation, in any case where, pursuant to the provisions of either —
a
paragraph 2 of Schedule 1A (excluded tenancies) to the Principal Regulations; or
b
regulation 12A(2)(a) of the Principal Regulations (requirement to refer to rent officers),
an application to a rent officer for a determination in exercise of the Housing Act functions is not required, an authority shall nonetheless apply to a rent officer for such a determination.
2
Paragraph (1) shall not apply in a case where that application to a rent officer would be due to the receipt of a claim for a rent allowance from a person to whom regulation 10 (saving provision) applies.
3
Paragraph (1) shall not apply in a case where the rent officer has already made a determination in the exercise of the Housing Act functions, pursuant to an application made under paragraph (1), in respect of that dwelling or of a dwelling in a hostel which is a similar dwelling to the dwelling in respect of which such an application to the rent officer would be made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
28th June 1995


text:
1
1
This Order may be cited as the A63 Trunk Road (South Cave Interchange Slip Roads) (Trunking) Order 1995 and shall come into force on 1st April 1995.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The lengths of highway described in the Schedule to this Order shall become trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/YHNMD 26 marked “The A63 Trunk Road (South Cave Interchange Slip Roads) (Trunking) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director Network Management Division
The Highways Agency
14th February 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995 and shall come into force on 9th October 1995.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 9, after paragraph (2) there shall be inserted the following paragraph —
3
Without prejudice to paragraph (2), the Secretary of State may give notice to an examiner —
a
that a person has not attended a course of instruction approved by the Secretary of State when required to attend such a course by the Secretary of State; or
b
that a person has attended such a course when required to do so by the Secretary of State but did not successfully complete it,
and on receipt of the notice the examiner shall arrange that the person shall no longer carry out or supervise examinations or sign test certificates, as the case may be.
.
4
In regulation 10(5)(b), for “28” there shall be substituted “35”.
5
1
Regulation 13 shall be renumbered as paragraph (1) of that regulation and in that provision as so re-numbered —
a
the words “or the Secretary of State” in each place where they occur shall be omitted;
b
the word “and” immediately after sub-paragraph (e) shall be omitted and after sub-paragraph (f) there shall be inserted the following sub-paragraphs —
g
the vehicle emits substantial quantities of avoidable smoke;
h
a proper examination of the vehicle cannot readily be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot be readily opened; or
j
without prejudice to sub-paragraph (c), the condition of the vehicle is such that, in the opinion of the examiner or inspector, a proper examination of the vehicle would involve a danger of —
i
injury to any person, or
ii
damage to the vehicle or any other property.
.
2
After that provision as so renumbered there shall be inserted the following paragraph —
2
A reference in this Regulation to an examiner shall include a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.
.
6
1
Regulation 20 shall be amended as follows.
2
In the sub-paragraphs of paragraph (1) specified in column (1) of the Table below, for the amounts specified in column (2) of that Table there shall be substituted the amounts specified in column (3) of that Table.
TABLE
(1) (2) (3) Sub-paragraph of regulation 20(1) Existing amount Substituted amount
Sub-paragraph (a) 11.14 11.52 Sub-paragraph (aa) 18.78 19.42 Sub-paragraph (b) 21.98 22.74 Sub-paragraph (c) 26.10 27.38 Sub-paragraph (d) 33.04 34.18 Sub-paragraph (f) 28.84 29.84
3
In paragraph (3A)(b), for the words “requirements specified in Schedule 2” there shall be substituted the words “matters” and the following matters shall be added to the list of matters in the appropriate places —
“anti-lock braking system warning device”;
“brake pedal anti-slip devices”;
“body condition where the re-examination of the body is carried out solely for the purposes of ascertaining whether there are any sharp edges or projections likely to cause injury”;
“fuel filler cap”;
“seats”; and
“steering wheel”.
7
The Schedule to these Regulations (minor amendments) shall have effect.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
14th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 1995 and shall come into force on 1st August 1995.
2
In this Order “the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Geography in the National Curriculum (England)” .
3
This Order applies to pupils at maintained schools and grant-maintained special schools (other than those established in a hospital) in England only.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) ( No. 2) Order 1991 is revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to geography.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995


text:
1
This Order may be cited as the A43 Trunk Road (Whitfield Turn to Brackley Hatch Dualling and Slip Roads) Order 1995 and shall come into force on 24th August 1995.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road”, means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads”, means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA10/EM105,, marked “The A43 Trunk Road (Whitfield Turn to Brackley Hatch Dualling and Slip Roads) Order 1995”,, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport,, Romney House,, Marsham Street,, London SW1P 3PY; and
iv
“the slip roads”, means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
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 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 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 traffic.
Signed by authority of the Secretary of State for Transport
K. I. McKenzie
Director, Highways Agency, East Midlands Region
1st August 1995