text:
1
These Regulations may be cited as the Street Works (Registers, Notices, Directions and Designations) (Amendment No. 3) Regulations 1995 and shall come into force on 11th September 1995.
2
The Street Works (Registers, Notices, Directions and Designations) (Amendment No. 2) Regulations 1995 are revoked.
3
The Street Works (Registers, Notices, Directions and Designations) Regulations 1992 shall be amended as set out in regulations 4 and 5 below.
4
In regulation 13(1)(a) for the words “under section 1 or 9 of the Road Traffic Regulation Act 1984” there shall be substituted the words “under section 1, 6 or 9 of the Road Traffic Regulation Act 1984” and the words “for at least one hour” shall be inserted before the words “between 7.30 am and 9.30 am” and before the words “between 3.30 pm and 7.00 pm”.
5
For regulation 13(1)(d) there shall be substituted —
d
The street is a priority route, or a street which the Director considers is likely to be affected by a priority route, and in respect of which prohibitions or restrictions of waiting have been imposed, or parking places have been designated, in the implementation of the relevant local plan or trunk road local plan, to the extent that the Director asks the street authority to designate it as traffic-sensitive, and during the times at which any such prohibitions, restrictions or designations are in force.
dd
The street is a priority route, or a street which the Director considers is likely to be affected by a priority route, but in respect of which no prohibitions or restrictions of waiting have been imposed or parking places designated in the implementation of the relevant local plan or trunk road local plan, to the extent that the Director asks the street authority to designate the street as traffic-sensitive between the hours of 6.30 am and 7.30 pm on any day except Sunday.
6
In regulation 13(4) there shall be inserted after the definition of “critical gyratory or roundabout system” the following definitions —
“the Director”, “local plan”, “priority route” and “trunk road local plan” have the meanings given to those expressions in section 82(1) of the Road Traffic Act 1991
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretafy of State,
Department of Transport
4th August 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th August 1995


type: legislation

jurisdiction: UK

text:
PART 1
Citation and commencement
1
These Rules may be cited as the Land Registration (No. 2) Rules 1995 and shall come into force for the purposes of rules 5, 6 and 7 on 19th June 1995 and for all other purposes on 11 September 1995.
Interpretation
2
In these Rules:
a
“the Principal Rules ” means the Land Registration Rules 1925 ;
b
“the Open Register Rules ” means the Land Registration (Open Register) Rules 1991 .
PART II
AMENDMENTS TO THE PRINCIPAL RULES
New rule 179 of the Principal Rules
3
The following rule shall be substituted for rule 179 of the Principal Rules:
Creditors' notice
179
1
A creditors' notice shall be entered in the Proprietorship Register in the following form: —
.
2
A creditors' notice shall be entered in the Charges Register in the following form: —
.
3
Notice of any such entry made in the Proprietorship Register shall be given to the proprietor of the land and notice of any such entry made in the Charges Register shall be given to the proprietor of the charge referred to in the entry.
.
New rule 180 of the Principal Rules
4
The following rule shall be substituted for rule 180 of the Principal Rules:
Bankruptcy inhibition
180
1
A bankruptcy inhibition shall be entered in the Proprietorship Register in the following form: —
.
2
A bankruptcy inhibition shall be entered in the Charges Register in the following form: —
.
3
Notice of any such entry made in the Proprietorship Register shall be given to the proprietor of the land and notice of any such entry made in the Charges Register shall be given to the proprietor of the charge referred to in the entry.
.
PART III
AMENDMENTS TO THE OPEN REGISTER RULES
Amendment to rule 1(2) of the Open Register Rules
5
After the definition of “credit account” in paragraph (2) of rule 1 of the Open Register Rules there shall be inserted the following definition:
“day list” means the record kept pursuant to rule 7A of the principal rules;
.
Insertion of rule 4B into the Open Register Rules
6
After rule 4A of the Open Register Rules there shall be inserted the following rule:
Day list information
4B
1
During the currency of any relevant notice given pursuant to rule 13 (referred to in this rule as “the relevant notice”), and subject to and in accordance with the limitations contained in the relevant notice, any person may apply to the registrar, by the means of communication specified in the relevant notice, for the day list information (if any) relating to a specified title number.
2
Where an application is made under paragraph (1), the registrar shall provide the day list information (if any) by such means of communication as shall be specified for that purpose in the relevant notice and subject to and in accordance with the limitations contained in the relevant notice.
3
Unless otherwise stated by the registrar when providing the day list information or in the relevant notice, the day list information provided shall be based on the entries subsisting in the day list immediately before the information is provided to the person applying under paragraph (1).
4
In this rule, “day list information” means, subject to paragraph (5), information based on the data recorded in, or by reference to, the day list, in relation to the title number of the registered title specified in the application, in respect of:
a
any pending application for making, rectifying or cancelling any entry in the register of that registered title;
b
any official search application (the priority period of which has not expired) entered on the day list under rule 4(1) of the Land Registration (Official Searches) Rules 1993 ;
c
any entry in respect of a land certificate or charge certificate deposited at the registry pursuant to section 64(1) of the Act.
5
In the relevant notice the registrar may specify the information which will be given in respect of the data referred to in paragraph (4) and may limit the circumstances in which information as to any class of such data will be provided.
.
Amendment to rule 13 of the Open Register Rules
7
1
In rule 13(1)(g) of the Open Register Rules there shall be inserted after the words “or 4A”the words “or 4B”.
2
After sub-paragraph (j) of paragraph (1) of rule 13 of the Open Register Rules there shall be inserted the following sub-paragraph:
k
to applications made under rule 4B for day list information relating to a registered title held on computer.
.
3
After sub-paragraph (f) of paragraph (4) of rule 13 of the Open Register Rules there shall be inserted the following sub-paragraph:
g
an application for day list information under rule 4B.
.
Mackay of Clashfern, C.
Dated 22nd May 1995


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 1995 and shall come into force on 1st August 1995.
2
The City Technology Colleges Trust Limited, a company limited by guarantee, is hereby designated as an institution eligible for funding under Part I of the Education Act 1994.
3
References in Part I of the Education Act 1994 to the governing body of an institution shall, in relation to the City Technology Colleges Trust Limited, be read as references to that company.
Robin Squire
Parliamentary Under Secrtary of State
Department for Education
4th July 1995


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1995 and shall come into force on 22nd March 1995.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1995.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
19th March 1995


text:
1
This Order may be cited as the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) (Amendment) Order 1995 and shall come into force on 24th May 1995.
2
In the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) Order 1990 , in article 5 —
a
for the words “section 83(1) of the Finance Act 1989” there shall be substituted the words “section 83(2) of the Finance Act 1989 ”,
b
for the words “assets linked solely to a particular category of business” there shall be substituted the words “linked assets”, and
c
for the words “assets of the relevant business linked solely to a particular category of business” there shall be substituted the words “assets of the relevant business which are linked assets”.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 1995


text:
1
This Order may be cited as The Ridge Danyers College (Incorporation) Order 1995 and shall come into force on 15th July 1995 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Ridge Danyers College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of The Ridge College, Stockport and Margaret Danyers College).
3
The “operative date” in relation to the further education corporation established by this Order shall be 15th August 1995, and the corporation shall conduct Ridge Danyers College from that date.
Tim Boswell
Parliamentary Under Secretary of State,
Department for Education
20th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Changes for the Registration Service in Avon, Cleveland, Humberside and North Yorkshire) Order 1995 and shall come into force on 22nd December 1995.
2
In this Order, unless the context otherwise requires —
“the 1949 Act ” means the Marriage Act 1949 ;
“the 1953 Act ” means the Registration Service Act 1953 ;
“the 1992 Act ” means the Local Government Act 1992;
“approved registration scheme” means a scheme submitted to the Secretary of State in accordance with article 2 of this Order and approved by the Secretary of State under section 14 of the 1953 Act ;
“district” means a registration district for the purposes of section 5 of the 1953 Act ;
“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: North West Somerset District Council, Bath and North East Somerset District Council, South Gloucestershire District Council and the City of Bristol District Council ; Hartlepool Borough Council, Middlesbrough Borough Council, Stockton Borough Council and Redcar and Cleveland Borough Council ; East Riding of Yorkshire District Council, the City of Kingston upon Hull District Council, North Lincolnshire District Council and North East Lincolnshire District Council ; and York District Council .
“old authority” means Avon County Council, Cleveland County Council, Humberside County Council and North Yorkshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act ;
“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and
“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.
Local Registration Service
2
1
Each new authority shall not later than 15th January 1996 submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Secretary of State) of the 1953 Act shall apply to any scheme so submitted.
2
If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Secretary of State a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Secretary of State, shall have effect as if it were a scheme submitted by the new authority and approved by the Secretary of State.
3
Subject to any further scheme made by a new authority and approved by the Secretary of State under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1996.
Transfer of Registration Officers
3
1
This article applies to any registration officer —
a
who immediately before 1st April 1996 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;
b
who would have continued to hold that office after 1st April 1996 but for the abolition of that authority or the transfer of local government functions from that authority to a new authority; and
c
whose name is mentioned in column (1) of the Schedule to this Order.
2
Every registration officer to whom this article applies shall, on 1st April 1996 —
a
be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and
b
if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.
3
Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.
Allocation of Staff
4
1
Each new authority shall not later than 15th February 1996 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1996.
2
Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.
3
The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.
4
If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.
Registration Officers to be Treated as Employees for Certain Purposes
5
For the purposes of any order made under section 23 of the 1992 Act (staff commissions) and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995 any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1996, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such order or in those regulations —
a
to “employed”, “employment”, “employee” or “employer” shall be construed accordingly; and
b
to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.
Signed by authority of the Secretary of State for Health
R. R. Horam
Parliamentary Under Secretary of State
Department of Health
30th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Burton Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March 1995.
2
In this Order —
“the Authority” means the South Staffordshire Health Authority;
“the Trust” means the Burton 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 1st November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 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
16th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley Group of Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th August 1995.
2
In this Order —
“the Authority” means the Dudley Health Authority;
“the Trust” means the Dudley 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 5th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
27th July 1995


text:
1
This Instrument may be cited as The County Council of The Royal County of Berkshire (A329(M) Loddon Bridge Connecting Road) Special Road Scheme 1995 Confirmation Instrument 1995 and shall come into force on the date on which notice that it has been confirmed in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of The Royal County of Berkshire (A329(M) Loddon Bridge Connecting Road) Special Road Scheme 1995 “the Scheme”) is hereby confirmed without modification.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1 3PY and at the offices of the County Council of The Royal County of Berkshire at Shire Hall, Shinfield Park, Reading, Berkshire.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
17th August 1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Marketing of Ornamental Plant Material Regulations 1995 and shall come into force on 1st December 1995.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Directive 93/49/ EEC ” means Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC ;
“inspector” means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
“marketing” means the delivery, offer for sale, exposure for sale, sale and possession with a view to sale of plant material, and “market” and “marketed” shall be construed accordingly;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
“ornamental plant” means a plant, other than a pot plant, intended, after marketing, to be planted or replanted;
“plant material” means ornamental plants and seeds, parts of plants and all vegetative material intended for the propagation and production of ornamental plants;
“producer” means a supplier engaged in the production or reproduction of plant material;
“responsible official body” means, as respects England and Wales, the Ministry of Agriculture, Fisheries and Food and, as respects Scotland, the Scottish Office Agriculture and Fisheries Department;
“supplier” means any person professionally engaged in the production, reproduction, preservation, treatment or marketing of plant material.
2
Any reference in these Regulations to a numbered regulation or a numbered schedule is a reference to the regulation or schedule so numbered in these Regulations.
Plant material to which these Regulations apply
3
1
Subject to paragraph (2) below, these Regulations shall apply to plant material of the genera and species set out in Schedule 1 and to rootstocks of other genera or species if plant material from a genus or species set out in Schedule 1 is grafted on to them.
2
These Regulations shall not apply to plant material intended for —
a
export to countries outside the European Community, if identified as such and kept sufficiently isolated from plant material not intended for such export;
b
trials or scientific purposes; or
c
selection work.
Small producers
4
These Regulations shall not apply to a small producer all of whose production and sales of plant material are intended for final use by persons on the local market who are not professionally involved in plant production.
Quality requirements for plant material
5
No supplier shall market any plant material unless —
a
it is substantially free on visual inspection from any harmful organisms and diseases impairing quality which reduce its usefulness as plant material and in particular from the organisms and diseases listed in the Annex to Directive 93/49/EEC in respect of its genus or species;
b
it is substantially free from any defects, including unsatisfactory vigour and dimensions and imbalances between roots, stems and leaves, likely to impair its usefulness as plant material;
c
either —
i
where the plant material is marketed with reference to the group of plants to which it belongs, it has adequate identity and purity relative to its genus or species or group; or
ii
where the plant material is marketed with reference to the variety to which it belongs, it has identity and purity as to variety;
d
in the case of seeds, it possesses a satisfactory germination capacity; and
e
it is in lots of sufficiently homogeneous composition and origin.
Measures to be taken by producers
6
A producer shall —
a
treat or, where appropriate, remove any plant material showing visible signs or symptoms of any of the harmful organisms and diseases referred to in regulation 5(a) at the stage of the growing crop;
b
report to an inspector any plant material that fails to comply with the requirements of regulation 5(a) as a result of the presence of organisms and diseases listed in the Annex to Directive 93/49/EEC ; and
c
keep plant material in lots of homogeneous composition and origin during growing and lifting or removal from parent material.
Special provisions relating to the marketing of flower bulbs
7
No producer shall market flower bulbs other than flower bulbs derived directly from plant material which was checked at the stage of the growing crop and found to satisfy the requirements of regulation 5(a).
Description of plant material
8
1
No supplier shall market plant material except with reference to either the group of plants or the variety to which it belongs.
2
Where a supplier markets plant material with reference to the group of plants to which it belongs, the reference shall be made in such a way as to avoid confusion with any of the references to variety described in paragraph (3) below.
3
Where a supplier markets plant material with reference to the variety to which it belongs, the reference shall be —
a
in the case of a commonly known variety which is the subject of a grant of plant breeders' rights, to the official denomination of the variety;
b
in the case of a variety which is the subject of an application for plant breeders' rights, to the breeders' reference or proposed name of the variety;
c
subject to paragraph (4) below, in the case of any other variety, based on the description of the variety on a written list kept by a supplier which includes —
i
the name of the variety and, where appropriate, its commonly known synonyms;
ii
a description of the variety, having regard to the Annex to Commission Directive 93/78/EEC ;
iii
indications as to the maintenance of the variety and the propagation system applied; and
iv
any indications as to how the variety differs from the other varieties most closely resembling it.
4
Sub-paragraphs (3)(c)(iii) and (iv) above shall not apply to a supplier engaged only in the marketing of plant material.
Information to accompany plant material
9
1
Subject to paragraphs (2) and (3) below, no supplier shall market any plant material unless it is accompanied by a supplier’s document on which appears the appropriate information prescribed in Part A of Schedule 2.
2
Where plant material is accompanied by a plant passport issued in accordance with Council Directive 77/93/EEC , the plant passport may constitute the supplier’s document for the purposes of paragraph (1) above if accompanied by the appropriate additional information prescribed in Part B of Schedule 2.
3
Paragraph (1) above shall not apply to plant material, accompanied by appropriate product information, which is marketed to a non-professional final consumer.
Records to be kept by suppliers
10
1
Subject to paragraphs (2) and (3) below, a supplier other than a producer shall keep —
a
written records, or records registered in an indelible fashion, on the buying, selling or delivery by him of plant material; and
b
records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery.
2
Paragraph (1) above shall not apply to a supplier engaged only in the marketing of small quantities of plant material to non-professional final consumers.
3
Sub-paragraph (1)(b) above shall not apply to a supplier engaged only in the marketing of plant material to non-professional final consumers.
4
A producer shall keep —
a
the records specified in item 2 of Schedule 3;
b
records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery; and
c
records on all occurrences on his premises of the harmful organisms referred to in regulation 5(a) and on any measures taken in relation to such occurrences.
Accreditation of producers
11
1
No producer shall market plant material unless he is accredited.
2
The Minister shall accredit a producer if he is satisfied that the producer complies with the requirements set out in Schedule 3.
3
The Minister may, by notice in writing served on an accredited producer who fails to comply with the requirements set out in Schedule 3, suspend or revoke accreditation, and in such notice shall state the grounds for suspension or revocation.
4
Applications for accreditation shall be made to the Minister in such form as the Minister may from time to time require.
Powers of inspectors
12
1
An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is governed by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.
2
An inspector on entering any premises under paragraph (1) above may take with him representatives of the European Commission and such other persons as he considers to be necessary.
3
An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may —
a
take any plant material or sample from any plant material and send it for analysis;
b
require the production of any relevant records, lists and other documents;
c
inspect any relevant records, lists and other documents;
d
take any relevant records, lists and other documents for copying.
4
An inspector may by notice in writing served on a supplier in respect of any plant material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of regulation 5(a) require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the plant material until the supplier has carried out such reasonable measures as the notice may specify.
Service of notices
13
1
A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business.
2
A notice under these Regulations may —
a
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
b
in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
Offences
14
1
A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse, proof of which shall lie on him, shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tim Boswell
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
29th September 1995
Raymond Robertson
Parliamentary Under Secretary of State Scottish Office
25th September 1995


text:
1
These Regulations may be cited as the Insurance Premium Tax (Amendment) Regulations 1995 and shall come into force on 17th July 1995.
2
The Insurance Premium Tax Regulations 1994 shall be amended in accordance with the following regulations.
3
For regulation 5 there shall be substituted the following —
5
1
A person who has made a notification under regulation 4, whether or not it was made in accordance with paragraph (3) of that regulation, shall, within thirty days of —
a
discovering any inaccuracy in; or
b
any change occurring which causes to become inaccurate,
any information contained in or provided with the notification, notify the Commissioners in writing and furnish them with full particulars thereof.
2
Without prejudice to paragraph (1) above, a registrable person shall, within thirty days of any change occurring in any of the circumstances referred to in paragraph (4) below, notify the Commissioners in writing and furnish them with particulars of —
a
the change; and
b
the date on which the change occurred.
3
A registrable person who discovers that any information contained in or provided with a notification under paragraph (2) above is inaccurate shall, within thirty days of his discovering the inaccuracy, notify the Commissioners and furnish them with particulars of —
a
the inaccuracy;
b
the date on which the inaccuracy was discovered;
c
why the information was inaccurate; and
d
the correct information.
4
The circumstances mentioned in paragraph (2) above are the following circumstances relating to the registrable person or any insurance business carried on by him —
a
his name, his trading name (if different) and address;
b
the name, the trading name (if different) and address of his tax representative;
c
his status, namely whether he carries on business as a sole proprietor, body corporate, partnership or other unincorporated body;
d
in the case of a partnership, the name and address of the partners;
e
in the case of a syndicate of underwriting members of Lloyd’s which has been registered as such, the number or other identifying feature by reference to which it was registered.
5
Where in relation to a registrable person the Commissioners are satisfied that any of the information recorded in the register kept under section 53 of the Act is or has become inaccurate they may correct the register accordingly.
6
For the purposes of paragraph (5) above it is immaterial whether or not the registrable person has made any notification he was required to make under this regulation.
.
4
For regulation 43 there shall be substituted the following —
43
In Scotland, the following provisions shall have effect:
a
where the Commissioners are empowered to apply to the sheriff for a warrant to authorise a sheriff officer to recover any amount of tax or sum recoverable as if it were tax remaining due and unpaid, any application, and any certificate required to accompany that application, may be made on their behalf by a Collector or an officer of rank not below that of Higher Executive Officer;
b
where, during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, may be done on their behalf by a Collector or an officer of rank not below that of Higher Executive Officer.
.
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
Leonard Harris
Commissioner of Customs and Excise
22nd June 1995


text:
1
This Order may be cited as the Value Added Tax (Increase of Consideration for Fuel) Order 1995 and shall come into force in relation to a taxable person from the beginning of the first of his prescribed accounting periods which begins after 5th April 1996.
2
For Table A in section 57(3) of the Value Added Tax Act 1994 there shall be substituted the following —
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period 3 month period 1 month period £ £ £
Diesel engine 2000 or less 640 160 53 More than 2000 820 205 68 Any other type of engine 1400 or less 710 177 59 More than 1400 but not more than 2000 890 222 74 More than 2000 1320 330 110
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Regulations 1995 and shall come into force on 1st August 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them: —
“ the Act ” means the Education (Scotland) Act 1980;
“aided place” means any place at the school, in respect of which place fees are to be remitted in accordance with the Scheme;
“aided pupil” means any child who has been admitted or is about to be admitted to an aided place;
“allowance” means an allowance payable by the Secretary of State in terms of these Regulations;
“chorister” means a child who attends the school wholly or mainly in connection with singing in St Mary’s Cathedral Choir;
“fees” means —
tuition and other fees the payment of which is a condition of attendance at the school; and
fees for public examinations paid by the school in respect of candidates from the school;
“Scheme” means the Scheme for Aided Places at St Mary’s Music School set out in Schedule 1;
“school” means St Mary’s Music School, Edinburgh and references to the school include references to the managers thereof and persons acting with their authority; and
“school year” means a period of 12 months commencing on 1st August of any year.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations bearing that number and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Payment of allowances
3
1
The Secretary of State may pay to the school allowances in respect of persons attending the school as aided pupils.
2
Subject to the following provisions of these Regulations, the allowances referred to in paragraph (1) shall be of an amount equal to any fees or charges remitted or grants made by the school in terms of the Scheme.
3
Payment of the allowances referred to in paragraph (1) shall be subject to the school submitting claims in accordance with regulation 4 and complying with the conditions specified in regulation 5.
Claims for payment of allowances
4
1
The school may submit to the Secretary of State claims for payment of the allowances referred to in regulation 3 (hereinafter referred to as “reimbursement claims”) in respect of such periods, not being less than a term, as appear to it appropriate and, with his consent, claims may be submitted on the basis of an estimate of fees or charges remitted or grants made (“provisional claims”); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
2
As soon as is reasonably practicable after he is satisfied as respects a reimbursement claim, the Secretary of State shall pay allowance to the school in pursuance of the claim in accordance with these Regulations, without prejudice, however, where he considers it expedient to do so, to his making earlier payments of allowance on account in pursuance of the reimbursement claim or in pursuance of a provisional claim in respect of the same period.
Conditions of payment
5
It shall be a condition of payment of an allowance that the Secretary of State is satisfied that —
a
in respect of the period to which the reimbursement claim relates, the school has applied the Scheme;
b
the school has remitted all fees and charges and made all grants, in respect of which the reimbursement claim is submitted, in terms of the Scheme;
c
in respect of the period to which the reimbursement claim relates, the school has complied with the requirements specified in regulations 7 to 16; and
d
the school has not, in respect of the school year relative to which, or part of which, the reimbursement claim is submitted, given aided places to —
i
more pupils than the Secretary of State, after consultation with the school, has specified;
ii
more day or boarding pupils than the Secretary of State, after consultation with the school, may have specified; or
iii
more choristers than the Secretary of State, after consultation with the school, may have specified.
Requirements following payment of allowances
6
When allowances have been paid to the school by the Secretary of State under these Regulations or under the St Mary’s Music School (Aided Places) Regulations 1989 , the school shall comply with the requirements in regulations 7 to 16.
Publication of information
7
The school shall publish annually in a Scottish national newspaper circulating at least weekly, information on the following matters: —
a
that the school offers aided places in accordance with the Scheme;
b
one or more addresses and telephone numbers at which information about aided places may be obtained;
c
that, on written application being made by parents of children eligible for a place, information about the school will be supplied to them;
d
that information about the school is available for inspection or reference purposes at the times and places stated.
Supply of information
8
The school shall supply in writing to the parent of a pupil eligible for an aided place in the school, on a written request being made therefor, information of the kinds specified in Schedule 2.
Updating of information
9
The school shall review yearly and revise as necessary its provision of information of the kinds specified in Schedule 2 and such provision shall at all times state the school year to which the information therein referred to relates or refers and shall contain a warning that, although the information given is believed to be correct in relation to that year at a date specified in the provision, it should not be assumed that there will be no change in or affecting the matters covered by the provision —
a
before the commencement or during the course of the school year in question; or
b
in relation to subsequent school years.
Information to Secretary of State
10
The school shall furnish the Secretary of State with —
a
information required to be supplied under regulation 8 revised as necessary in accordance with regulation 9 not later than the end of the school year in which revision is made;
b
such periodic returns and other information as he may require relating to the school or pupils thereat, including in particular information relevant to an intended increase in fees for pupils at the school;
c
such information as he may require relating to any reimbursement claim or provisional claim submitted in accordance with these Regulations.
Fees
11
1
The school shall obtain the approval of the Secretary of State to all tuition and other fees and charges payable in respect of aided pupils and such fees and charges shall not include any sum to be paid into a bursary or similar fund.
2
The school shall not make it a condition of the attendance of an aided pupil at the school that any payment otherwise than in respect of fees be made to the school or into a fund specified by the school.
School accounts
12
1
The accounts of the school shall —
a
if the Secretary of State so requires, be kept in a form specified by him;
b
be audited by an independent auditor.
2
At the request of the Secretary of State, the school shall furnish him with copies of its accounts for such periods as he may specify together with copies of the auditor’s certificate relating to them.
School governing body
13
1
If, after consultation with the school, the Secretary of State so directs, the school shall, as from a date specified by him, permit —
a
one or two members appointed by him to be included on the governing body of the school; or
b
one or two persons representing him to attend, and take part in any discussions at, meetings of the governing body, notwithstanding that they are not members thereof and have no say in any decision taken thereat.
2
This regulation shall apply in relation to a committee or sub-committee of the governing body of the school and the meetings thereof as it applies in relation to the governing body and that body’s meetings.
3
The school shall permit a member of Her Majesty’s Inspectorate of Schools, on prior arrangement with the school, to attend any audition arranged by the school for the selection of pupils to be admitted to the school.
Proposals relating to premises
14
1
The school shall notify to the Secretary of State any proposals it has to —
a
acquire new premises; or
b
make alterations to existing premises.
2
If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.
Proposals relating to boarding arrangements
15
1
If the Secretary of State so requires, the school shall notify to him any proposals it has to —
a
make arrangements for boarding pupils; or
b
change existing arrangements for such pupils.
2
If the Secretary of State so directs in respect of any specific proposal of a sort mentioned in paragraph (1), the school shall not implement that proposal without his approval, which may be given either unconditionally or subject to conditions specified by him being fulfilled.
Overpayments
16
The school shall repay to the Secretary of State any overpayment of allowance which appears to him to have been made to the school and, in particular, but without prejudice to that generality, where the amount of any reimbursement claim under these Regulations is less than the amount paid to the school under a provisional claim, the school shall repay the amount overpaid to the Secretary of State.
Revocations
17
The Regulations specified in Schedule 3 are hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th July 1995


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


text:
1
This Order may be cited as the Trade Marks (Claims to Priority from Relevant Countries) (Amendment) Order 1995 and shall come into force on 1st January 1996.
2
For the Schedule to the Trade Marks (Claims to Priority from Relevant Countries) Order 1994 , there shall be substituted the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations “the principal regulations” means the Local Authorities (Members' Allowances) Regulations 1991 .
Special responsibility allowances
2
In regulation 9 of the principal Regulations there are substituted —
a
in paragraph (1), for the words “shall provide”, the words “may provide”, and
b
in paragraph (2) for the words “The scheme shall”, the words “Any scheme making such provision as is mentioned in paragraph (1) shall”.
Attendance allowances
3
Regulation 10 of the principal Regulations is amended by inserting —
a
in paragraph (1)(a), after the words “paragraph (3)” the words “or (3A)”;
b
after paragraph (3), the following —
3A
The duties referred to in this paragraph are duties undertaken on behalf of the authority —
a
in pursuance of any standing order requiring a member or members to be present while tender documents are opened;
b
in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises; or
c
in connection with arrangements made by the authority for the attendance of pupils at a school approved for the purposes of section 188 (special schools) of the Education Act 1993 .
Removal of financial restrictions
4
The following provisions of the principal Regulations are revoked:
a
regulations 11 and 12;
b
in regulation 17, paragraph (1); and
c
the Schedule.
Increase of allowances
5
1
The principal Regulations are amended as follows.
2
For paragraph 17(2) from the beginning to “ £25.20” there is substituted —
2
Any payment of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance (other than such a payment by a body to which Part II applies to a member who is a councillor) shall not exceed £26.20
;
3
In regulation 18(1) (attendance allowance) for “£25.20” there is substituted, in respect of an approved duty performed on or after 1st April 1995,“ £26.20”.
4
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after 1st April 1995 —
a
in paragraph (a) for “ £21.45” there is substituted “£22.30”; and
b
in paragraphs (b) and (c), for “ £42.90” there is substituted “£44.60”.
Publicity
6
After regulation 26 of the principal Regulations there is inserted the following —
Publicity
26A
1
Every authority shall, as soon as practicable after the making or amendment of any scheme made pursuant to these Regulations, make arrangements for its publication within the authority’s area.
2
As soon as practicable after the end of a year to which a scheme relates, every authority shall make arrangements for the publication within the authority’s area of the total sum paid by it in that year under the scheme to each member in respect of each of the following, namely, basic allowance, special responsibility allowance and attendance allowance.
Revocation
7
The Local Authorities (Members' Allowances) (Amendment) Regulations 1994 are revoked.
Signed by authority of the Secretary of State.
David Curry
Minister of State,
Department of the Environment
1st March 1995
John Redwood
Secretary of State for Wales
2nd March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Heartlands National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st November 1995.
2
In this Order —
“the Authority” means the Eastern Surrey Health Authority;
“the Trust” means the Surrey Heartlands 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 5th July 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st November 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
3rd October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley Priority Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 28th July 1995.
2
In this Order —
“the Authority” means the Dudley Health Authority;
“the Trust” means the Dudley Priority 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 5th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th 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
29th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1995 and shall come into force on 2nd October 1995.
Amendment of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988
2
1
Schedule 1 to the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2, after sub-paragraph (c) there shall be added the following sub-paragraph —
d
as if the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 and the Income Support (General) Amendment and Transitional Regulations 1995 had not been made.
.
3
For paragraph 4 there shall be substituted the following paragraph —
4
The provisions of the Income Support (General) Regulations 1987 specified in column 1 of Table B in this Schedule shall be applied —
a
in accordance with the modifications specified in the corresponding entries in column 2; and
b
as if the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 and the Income Support (General) Amendment and Transitional Regulations 1995 had not been made.
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of Health,
Department of Health
6th September 1995