text:
Commencement and citation
1
These Regulations may be cited as the Local Authorities (Capital Finance and Approved Investments) (Amendment No. 2) Regulations 1995 and shall come into force on 24th August 1995.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1990 shall be amended in accordance with the provisions of regulations 3 to 11 of these Regulations.
Expenditure not to be expenditure for capital purposes
3
In regulation 3 —
a
at the beginning insert “(1)”; and
b
at the end add the following paragraphs —
2
Expenditure by a local authority which would otherwise be expenditure for capital purposes by virtue of section 40(4) shall not be expenditure for capital purposes if it is relevant expenditure.
3
In this regulation —
“relevant expenditure” means expenditure by a local authority on the making of an investment, where —
the authority apply a relevant amount to meet the expenditure in question; and
the investment consists of a deposit made with, or any security or other instrument issued by, an institution or building society (in this paragraph referred to as “the relevant body”) which was liable to pay a relevant amount;
“relevant amount” means any amount which —
is due to the authority under an investment which is an approved investment under regulation 2(b) or (c) of the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 ; and
becomes payable by the relevant body, before the date on which the authority are entitled under the terms of the investment to require it to be repaid or redeemed, by reason of a default or breach of covenant on the part of the relevant body in relation to the payment of the principal sum deposited or interest.
.
Expenditure excluded from section 41(1)
4
After regulation 4 insert the following regulation —
4A
1
Expenditure by a local authority which would otherwise not be expenditure falling within section 42(2) shall be expenditure falling within that section if it is relevant expenditure.
2
The following expenditure shall be expenditure falling within section 42(2) —
a
expenditure consisting of the application of relevant amounts for any of the purposes specified in regulation 26B(1) or (3);
b
expenditure consisting of the transfer of relevant amounts to any of the bodies specified in regulation 26B(2); and
c
expenditure consisting of the application of relevant amounts to meet any liability of a local authority in respect of any levy payable under section 136 of the Leasehold Reform, Housing and Urban Development Act 1993 .
3
In this regulation —
“relevant amounts” means any amounts for the time being set aside by the authority (whether voluntarily or pursuant to a requirement under Part IV of the Act) as provision to meet credit liabilities; and
“relevant expenditure” has the same meaning as in regulation 3(3) above.
.
Variation of credit arrangements
5
In regulation 8, in paragraph (4) —
a
omit the words “falling within regulation 7(3) above”; and
b
in sub-paragraph (b), for “regulation 7(5F)” substitute “regulation 7(5C), (5D) or (5F)”.
Sums not to be capital receipts
6
In regulation 13, after paragraph (2) add the following paragraphs —
3
Any sums received by a local authority in respect of the disposal of any investment which, at the time of disposal, is not an approved investment shall not be capital receipts if —
a
by virtue of regulation 4(2) above, the expenditure by the authority on making the investment was expenditure falling within section 42(2); or
b
the investment was an approved investment under regulation 2(b) or (c) of the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 (“the 1990 Regulations ”), and has ceased to be an approved investment because —
i
where the deposit which constitutes the investment was made with an authorised institution, that institution has ceased to be an authorised institution within the meaning of regulation 1(2) of the 1990 Regulations; or
ii
where the deposit which constitutes the investment was made with a building society, that building society has ceased to be a building society within the meaning of regulation 2(c) of the 1990 Regulations.
.
Reserved part of capital receipts
7
1
In regulation 14 —
a
in paragraphs (1) and (2), for the words “Subject to paragraphs (3) to (9) below” substitute “Subject to paragraphs (3) to (16) below”; and
b
insert the following paragraphs after paragraph (9) —
10
For the purposes of section 59(3), the reserved part of a capital receipt shall be 10 per cent. in the case of a receipt derived from the disposal by a local authority of any freehold or leasehold interest in land where —
a
the receipt is received during the period beginning on 1st September 1995 and ending on 31st August 1996;
b
the land is not land to which section 74(1) applied immediately before the disposal;
c
the whole of the land —
i
was in use as a car park on 23rd March 1995; or
ii
ceased to be used as a car park not more than 12 months before that date; or
iii
had on that date the benefit of a planning permission granted on or after 23rd March 1993 for the provision or use of a car park for an unlimited period or a period of not less than five years; and
d
if, on the date of the disposal, the land has ceased to be used as a car park, it has not, since the date on which it ceased to be used as a car park, been used under a planning permission granted for any other use for a period of more than five years.
11
For the purposes of section 59(3), the reserved part of a capital receipt shall be the percentage determined in accordance with paragraph (12) below in the case of a receipt which is derived from the disposal by a local authority of any freehold or leasehold interest in any land (in this paragraph and in paragraphs (12), (13) and (14) below referred to as “the land”) where —
a
on the date of the disposal, the land in whole or part comprises shops;
b
the receipt is received during the period beginning on 1st September 1995 and ending on 31st August 1996; and
c
the land is not land to which section 74(1) applied immediately before the disposal.
12
For the purposes of paragraph (11) above —
a
where the whole of the land comprises shops, the reserved part of the capital receipt shall be 10 per cent. of the receipt; and
b
where a part of the land comprises shops, the reserved part of the capital receipt shall be the amount which, but for this paragraph, would be the reserved part of the receipt less the amount, if any, by which the product of the formula ( C × D × E ) exceeds the product of the formula
( F × D × E ) .
13
For the purposes of paragraph (12)(b) above —
C is the percentage of the capital receipt which, but for paragraph (12), would be the reserved part;
D is the percentage of the notional value of the land, estimated immediately before the disposal, which is attributable to the part of the land comprising shops;
E is the capital receipt; and
F is 10 per cent.
14
In paragraphs (11) to (13) above —
a
a reference to the notional value of the land is a reference to the capital sum which would be paid for the grant of a leasehold interest in the land for a term of 999 years on the assumption that the lease reserved a nominal rent and that the lessee would have vacant possession; and
b
“shops” includes —
i
all buildings and all parts of any building on the land which are constructed or adapted for use as a shop; and
ii
all other parts of the land which are in use for the purposes of, or in connection with, the business of a shop on the land, or are intended for use for the purposes of, or in connection with, such a business (whether or not they are being so used).
15
For the purposes of section 59(3), the reserved part of a capital receipt shall be 10 per cent. in the case of a receipt which does not fall within paragraph (11) above, and is derived from the disposal by a local authority of any freehold or leasehold interest in any land (in this paragraph referred to as “the land”) where —
a
the receipt is received during the period beginning on 1st September 1995 and ending on 31st August 1996;
b
the land is not land to which section 74(1) applied immediately before the disposal; and
c
the land had, on 23rd March 1995, the benefit of a planning permission granted on or after 23rd March 1993 for the provision or use of shops for an unlimited period or a period of not less than five years.
16
For the purposes of section 59(3), the reserved part of a capital receipt shall be 10 per cent. in the case of a receipt which —
a
is derived from the disposal by a local authority of any freehold or leasehold interest in land comprising a crematorium within the meaning of section 2 of the Cremation Act 1902 ; and
b
is received during the period beginning on 1st January 1996 and ending on 30th June 1997.
.
2
In Part I of Schedule 1, in paragraph 6, substitute for sub-paragraph (b) the following sub-paragraph —
b
at the time the receipts are received, the authority have no money outstanding by way of borrowing other than —
i
short-term borrowing (within the meaning of section 45(6));
ii
borrowing undertaken under section 5 of the City of London (Various Powers) Act 1924 ; or
iii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993, from a person who is not a relevant lender as defined for the purposes of Part VIIIA in regulation 26A ;
.
Minimum revenue provision for subsequent financial years
8
In regulation 26 —
a
in paragraph (1), for the words “Subject to paragraphs (5) to (13) below” substitute “Subject to paragraphs (5) to (16) below”; and
b
at the end add the following paragraphs —
14
This paragraph applies to a county council of which a committee was a police authority before the establishment of new police authorities under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994 ).
15
In relation to a county council to which paragraph (14) above applies, the amount in respect of principal for the purposes of paragraph 15(1)(a) of Schedule 3 to the Act shall, for the financial year beginning on 1st April 1995, be the amount determined under paragraph (1) above as if the council’s credit ceiling on 31st March 1995 had been reduced by the amount, if any, by which amount A exceeds amount B, where —
a
amount A is the police amount; and
b
amount B is the total amount, if any, by which the council’s credit ceiling is increased on 24th August 1995 in accordance with paragraph 10C of Schedule 3 to the Act .
16
In paragraph (15) above, “the police amount” means the police amount for the council for 31st March 1995 determined in accordance with sub-paragraph (2) of paragraph 10B of Schedule 3 to the Act .
.
Use of amounts set aside to meet credit liabilities
9
In regulation 26A —
a
for the definition of “relevant authority” substitute the following —
“relevant authority” means a local authority in England whose credit ceiling, as determined under Part III of Schedule 3 to the Act, is, on the relevant date for any financial year, a negative amount, and who have no money outstanding by way of borrowing other than —
a
short-term borrowing (within the meaning of section 45(6));
b
borrowing undertaken under section 5 of the City of London (Various Powers) Act 1924; or
c
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993, from a person who is not a relevant lender.
; and
b
at the end add the following —
“relevant lender” means the Public Works Loan Board, the Bank of England, the European Investment Bank, a body mentioned in any of paragraphs 1 to 17, or in paragraph 28 or 29, of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 , an authorised institution within the meaning of the Banking Act 1987 or a building society within the meaning of the Building Societies Act 1986 .
.
Modification of the credit ceiling
10
In Part II of Schedule 3 —
a
for paragraph 3 substitute the following —
3
A local authority’s credit ceiling at any time on or after 24th August 1995 shall be determined in accordance with Part III of Schedule 3 to the Act subject to the following modifications —
a
no account shall be taken of any amount set aside by the authority by virtue of regulation 26(1)(e), and
b
where, at any time, amounts for the time being set aside by the authority (whether voluntarily or pursuant to a requirement under Part IV of the Act) as provision to meet credit liabilities are applied by the authority under section 136(8) of the Leasehold Reform, Housing and Urban Development Act 1993 , the authority’s credit ceiling shall, at that time, be increased by an amount equal to the amount so applied.
;
b
in paragraph 4 —
i
after “For the purposes of this paragraph” insert “and paragraph 5 below”, and for “modification” in sub-paragraph (2) substitute “modifications”; and
ii
in the modification to Schedule 3 to the Act, for “10C. In paragraphs 10A and 10B above” substitute “10D. In paragraphs 10A, 10B and 10C above”; and
c
after paragraph 4 insert the following paragraph —
5
1
For the purposes of this paragraph, “new police authority” means a police authority established under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994) for a police area.
2
In relation to —
a
a new police authority whose credit ceiling on 1st April 1995 was determined in accordance with paragraph 10B(1) of Schedule 3 to the Act; and
b
a local authority which is a relevant county council,
in addition to the modifications made in paragraphs 3 and 4 above, Schedule 3 to the Act is modified by the insertion after paragraph 10B of the following paragraph —
10C
1
In this paragraph —
“the council”, in relation to a new police authority, means the county council of which a committee was the old police authority in accordance with section 2 or 3(4) of the 1964 Act;
“ the Order ” means the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 ; and
“retained arrangement” means a credit arrangement in relation to property, rights and liabilities which have not vested in a new police authority under article 9 of the Order, or have been apportioned under that article.
2
Where the credit ceiling of a new police authority on 1st April 1995 has been determined in accordance with paragraph 10B(1) above —
a
the credit ceiling of the new police authority on 24th August 1995 shall be reduced by the amount, if any, which that authority are deemed to have borrowed from the council by virtue of article 11 of the Order; and
b
the credit ceiling on 24th August 1995 of the council shall be increased by that amount.
3
Where the credit ceiling of a new police authority on 1st April 1995 has been determined in accordance with paragraph 10B(1) above, and includes an amount attributable to the use by the council of a credit approval as authority to enter into or agree to a variation of a retained arrangement —
a
the credit ceiling of the new police authority on 24th August 1995 shall be reduced by an amount determined for each such arrangement in accordance with sub-paragraph (4) below; and
b
the credit ceiling on 24th August 1995 of the council shall be increased by an equivalent amount for each such arrangement.
4
For the purposes of sub-paragraph (3)(a) above, the amount to be determined for a retained arrangement is either —
a
the amount equal to the extent to which a credit approval has been used as authority to enter into or agree to a variation of the arrangement less the total amount set aside from the revenue account of the council as provision for credit liabilities in relation to the arrangement (otherwise than in accordance with a determination under section 50(3)(c) of the Act); or
b
where a proportion has been agreed under article 9 of the Order for the purposes of apportioning the property, rights and liabilities relating to the arrangement, that proportion of the amount referred to in paragraph (a) above.
Housing and non-housing amounts for subsequent financial years
11
In paragraph 6 of Schedule 5 —
a
in paragraph (i) of sub-paragraph (a), for “in accordance with paragraph 14(2) of Schedule 3 to the Act” substitute “in accordance with paragraph 10C(2)(b) or (3)(b) or 14(2) of Schedule 3 to the Act or in accordance with paragraph 3(b) of Schedule 3 above,”; and
b
in paragraph (i) of sub-paragraph (b), for “paragraph 12(1) or 14(1)” substitute “paragraph 10B(1)(b), 12(1) or 14(1)”.
Approved investments
12
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended —
a
in regulation 1(2), after the definition of “gilt-edged securities”, by inserting the following —
“relevant lender” means the Public Works Loan Board, the Bank of England, the European Investment Bank, a body mentioned in any of paragraphs 1 to 17, or in paragraph 28 or 29, of Part II of the Schedule to these Regulations, an authorised institution or a building society within the meaning of the Building Societies Act 1986 ;
; and
b
in regulation 3(3), by substituting for sub-paragraph (c) the following sub-paragraph —
c
the authority making the investment, at the beginning of the financial year in which the investment is made, have a credit ceiling, as determined under Part III of Schedule 3 to the Local Government and Housing Act 1989 , which is nil or a negative amount, and, at the time the investment is made, have no money outstanding by way of borrowing other than —
i
short-term borrowing (within the meaning of section 45(6) of that Act);
ii
borrowing undertaken under section 5 of the City of London (Various Powers) Act 1924; or
iii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993, from a person who is not a relevant lender.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
24th July 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
25th July 1995


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Spreadable Fats (Marketing Standards) Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“Community provision” means a provision of the Council Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any qualifying words relating to that provision in that column;
“the Council Regulation” means Council Regulation ( EC ) No. 2991/94 laying down standards for spreadable fats ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;
until 1st April 1996, the council of a district in Wales, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“member State” means a member State of the European Community;
“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;
“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale and “sold by retail” shall be construed accordingly;
“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent;
“vitamin D” means the anti-rachitic vitamins.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Council Regulation.
Exemptions
3
1
Subject to paragraph (2) below, in the absence of a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which —
a
is brought into Great Britain from an EEA State (other than a member State) in which it was lawfully produced and sold; and
b
is suitably labelled to give the nature of the spreadable fat.
2
Regulation 4 shall not apply in respect of any margarine which —
a
is brought into Great Britain from an EEA State in which it was lawfully produced and sold or from a member State in which it was in free circulation and lawfully sold; and
b
is suitably labelled to give the nature of the margarine.
3
For the purposes of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
Vitamin content of margarine
4
1
Any margarine sold by retail shall contain in every 100 grams of such margarine —
a
not less than 800 micrograms and not more than 1000 micrograms of vitamin A, and
b
not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,
and a proportionate amount in any part of 100 grams.
2
No person shall sell by retail any margarine in contravention of this regulation.
Enforcement
5
Each food authority shall enforce and execute within its area the Community provisions and these Regulations.
Offences and penalty
6
1
If any person contravenes or fails to comply with —
a
regulation 4 of these Regulations, or
b
any Community provision,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence in relation to exports
7
In any proceedings under these Regulations it shall be a defence for the person charged to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and
b
that the legislation complies with the Council Regulations in the case of —
i
export to a member State, or
ii
where there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation, export to an EEA State which is not a member State.
Application of various provisions of the Act
8
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumption that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate);
section 44 (protection of officers acting in good faith).
Revocations
9
The Regulations specified in Schedule 2 to these Regulations are hereby revoked to the extent specified in column 3 of that Schedule.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th November 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
27th November 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
27th November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
27th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) (Amendment) Regulations 1995 and shall come into force on 10th May 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 .
Amendment of the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993
3
For paragraph 15 of the Schedule to the principal Regulations there shall be substituted the following —
15
Wireless telegraphy apparatus designed or adapted —
a
either for —
i
automatically indicating or recording measurements at a distance from the measuring instrument; or
ii
transmitting signals to initiate, modify or terminate functions of equipment situated at a distance from such apparatus; and
b
so as to be capable of use only on one of the frequencies or within one of the frequency bands, and at a power or field strength, as the case may be, not exceeding the maximum for such frequencies or frequency bands, for each category of apparatus, specified in the table below —
Category Description of apparatus Frequencies Maximum power erp Maximum field strength at a distance of 10 metres
1 Medical and biological telemetry devices 300 kHz –30 MHz 173.7–174.0 MHz 458.9625–459.1000 MHz 10 mW 500mW 1,000 mV/m 2 General telemetry and telecommand devices 26.995 MHz 27.045 MHz 27.095 MHz 27.145 MHz 27.195 MHz 1mW 1mW 1mW 1mW 1mW 3 Databuoy telemetry devices 35.3375 MHz 35.3625 MHz 35.3875 MHz 35.4125 MHz 35.4375 MHz 35.4625 MHz 250mW 250mW 250mW 250mW 250mW 250mW 4 Narrow band industrial telemetry and telecommand devices 173.20–173.35 MHz 10mW 5 Wide band industrial telemetry and telecommand devices 173.20–173.35 MHz 10mW 6 Industrial telemetry and telecommand devices 417.90–418.10 MHz 250mW 7 Industrial telemetry and telecommand devices 458.50–458.95 MHz 500mW
Ian Taylor
Parliamentary Under-Secretary of StateDepartment of Trade and Industry
11th April 1995


text:
Citation and commencement
1
These Regulations may be cited as the Sale of Registration Marks Regulations 1995 and shall come into force on 18th December 1995.
Revocation
2
1
Subject to paragraph (2) of this regulation, the Sale of Registration Marks Regulations 1989 , the Sale of Registration Marks (Amendment) Regulations 1993 and the Sale of Registration Marks (Amendment) Regulations 1994 are hereby revoked.
2
The revocation of the Regulations referred to in paragraph (1) shall not affect any right granted under those Regulations before the coming into force of these Regulations and not exercised and the appropriate Scheme in the Sale of Registration Marks Regulations 1989 applicable to any such right shall continue to apply to it, as if those Regulations had not been revoked, until the right is exercised or ceases to have effect.
Scheme
3
The Scheme set out in the Schedule to these Regulations shall have effect.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
7th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Profit–Related Pay (Shortfall Recovery) Regulations 1995 and shall come into force on 19th April 1995.
Interpretation
2
In these Regulations —
“ the Board ” means the Commissioners of Inland Revenue;
“collector” means a collector of taxes;
“the Management Act ” means the Taxes Management Act 1970 ;
“the principal Regulations ” means the Income Tax (Employments) Regulations 1993 ;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“year” means year of assessment.
Information
3
1
Where the registration of a profit–related pay scheme registered under Chapter III of Part V of the Taxes Act is cancelled by the Board, the scheme employer shall, within 60 days of being required by the Board to do so, make a return to the Board, in such form as the Board may prescribe, containing the particulars specified in paragraph (2) below.
2
The particulars specified in this paragraph are particulars of —
a
the aggregate amount of the shortfall in the deductions made in accordance with the principal Regulations (an amount equal to which is payable by the scheme employer to the Board pursuant to section 179(2) of the Taxes Act);
b
the amount of the shortfall attributable to each year where the shortfall relates to more than one year.
Recovery
4
1
Within 60 days of his being required to make a return in accordance with regulation 3, the scheme employer shall pay to the Board an amount equal to the aggregate amount of the shortfall shown in the return.
2
Subject to these Regulations, the amount payable to the Board pursuant to paragraph (1) above shall be recoverable from the scheme employer as if it were an amount of tax which the scheme employer was liable under regulation 40 or 41 of the principal Regulations to pay to the collector.
Evidence
5
1
Where an amount equal to the aggregate amount of the shortfall shown in a return has not been paid or fully paid within the period specified in regulation 4(1), an officer of the Board may certify the amount due to the collector.
2
The production of a certificate under paragraph (1) above shall be sufficient evidence that the scheme employer is liable to pay to the collector the amount shown in the certificate.
3
A certificate of a collector that an amount payable pursuant to regulation 4(1) has not been paid to him or, to the best of his knowledge and belief, to any other collector shall be sufficient evidence that the amount specified in the certificate is unpaid and due to the Crown.
4
Any document purporting to be a certificate under paragraph (1) or (3) above shall be deemed to be such a certificate until the contrary is proved.
Determinations
6
1
Where it appears to the Board that there is an amount payable pursuant to regulation 4(1) which has not been paid or fully paid, the Board may determine to the best of their judgment the amount so unpaid, and shall serve notice of the determination on the scheme employer.
2
A determination under paragraph (1) above shall be subject to the like provisions as are contained in Parts IV, V and VI of the Management Act as if it were an assessment and as if the amount determined were income tax charged on the scheme employer, and those Parts of that Act shall, subject to these Regulations, apply accordingly with any necessary modifications.
3
An appeal against a determination under paragraph (1) above may be brought before either —
a
the General Commissioners for the division where the trade, profession or vocation of the scheme employer is carried on or in which the head office or principal place of business of the scheme employer is situated, or
b
the Special Commissioners.
Interest on unpaid amounts of shortfall
7
1
Where —
a
there is an amount payable pursuant to regulation 4(1), or
b
the Board make a determination of an amount under regulation 6, and
c
in either case the amount in question is not paid or fully paid on or before the 14th day after the end of the year to which it is attributable,
the amount unpaid shall carry interest at the prescribed rate from the reckonable date until payment.
2
In paragraph (1) above “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 86 of the Management Act ; and where that rate changes on an operative date within the meaning given by regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
3
In this regulation “the reckonable date” means —
a
where the amount referred to in sub–paragraph (a) or (b) of paragraph (1) above arises from a cancellation by the Board of the registration of a scheme under section 178(3) of the Taxes Act, the day immediately following the last day of the period specified in subsection (2) or, as the case may be, subsection (3) of section 180 of that Act ;
b
in any other case, the 14th day after the end of the year to which the amount is attributable.
4
The amount unpaid referred to in paragraph (1) above shall carry interest from the reckonable date even if that date is a non–business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
5
Interest payable under this regulation shall be recoverable as if it were an amount of tax which an employer is liable under regulation 40 or 41 of the principal Regulations to pay to the collector.
Death of a scheme employer
8
If a scheme employer dies, anything which he would have been liable to do under these Regulations shall be done by his personal representatives.
Revocations
9
1
The Profit–Related Pay (Shortfall Recovery) Regulations 1988 (“the 1988 Regulations ”), so far as not previously revoked, are hereby revoked.
2
Regulation 14 of the Income Tax (Employments) (Amendment) Regulations 1993 is hereby revoked.
3
Anything done pursuant to the 1988 Regulations which, if done on or after the coming into force of these Regulations, could have been done pursuant to these Regulations, shall have effect as if done pursuant to these Regulations.
S.C.T. Matheson
G.H. Bush
Two of the Commissioners of Inland Revenue
29th March 1995


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Bovine Embryo (Collection, Production and Transfer) (Fees) Regulations 1995 and shall come into force on 13th October 1995.
2
In these Regulations “the principal Regulations ” means the Bovine Embryo (Collection, Production and Transfer) Regulations 1995 .
Payment of fees
2
1
An applicant for any approval under the principal Regulations shall, at the time the application is made, pay to the appropriate Minister the fee specified for that approval in column 2 of paragraph 1, 2, 3 or 4 of the Schedule to these Regulations.
2
The holder of an approval under the principal Regulations shall pay the fee specified for an inspection in column 2 of paragraph 5 of the Schedule to these Regulations when an inspection specified there is carried out.
3
In so far as a fee was previously payable for such approval or inspection under the Bovine Embryo Collection and Transfer Regulations 1993 (those Regulations being the predecessors to the principal Regulations) such fee is shown in column 3 of the Schedule to these Regulations.
Reduction of fees
3
1
Where more than one team share laboratory facilities and both teams are inspected for any purpose at the same time, the fee payable by each shall be reduced by the total of £10.00 plus one sixth of the lowest fee that would otherwise have been payable.
2
Where there is a fee payable for a routine inspection under these Regulations, and the inspection for which the fee is payable is carried out at the same time as an inspection for which a fee is payable under the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 , the fee payable under these Regulations shall be the total of two thirds of the full fee that would otherwise have been payable minus £19.
3
Where there is an application for approval as a collection team, production team or transfer team and the applicant is already approved as one of these teams and any inspection for a new approval is carried out at the same time as an inspection under the existing approval, the fee payable for the approval shall be the total of two thirds of the full fee that would otherwise have been payable minus £19.
4
Where a team is approved as more than one of a collection team, production team or transfer team at one time, only the fee payable for one approval shall be charged which shall be the highest fee in all cases.
Refund of fees
4
If an application under the principal Regulations is withdrawn before it is determined, the appropriate Minister shall refund to the applicant the fee paid less a deduction of the costs already incurred in processing the application.
Revocation
5
The Bovine Embryo Collection and Transfer (Fees) Regulations 1993 are hereby revoked.
Tony Baldry
Minister of State Ministry of Agriculture, Fisheries and Food
21st September 1995
Lindsay
Parliamentary Under Secretary of State Scottish Office
19th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
21st September 1995
We approve,
David Willetts
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
13th September 1995


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1995 and shall come into force on 1st April 1995.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 (which prescribes a maximum charge for treatment and appliances under any one contract or arrangement), for “£275” in both places where it occurs there is substituted “£300”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 1994 are hereby revoked.
Transitional Provision
4
Where, on or after 1st April 1995, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
24th February 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Special Premium (Amendment) Regulations 1995, shall extend to Great Britain and shall come into force on 30th January 1995.
Amendments to the Beef Special Premium Regulations 1993
2
1
The Beef Special Premium Regulations 1993 shall be amended in accordance with the following paragraphs of this regulation.
2
Insert the following paragraph after paragraph (4) of regulation 3 (national administrative documents) —
5
Notwithstanding paragraph (4) above, the appropriate Minister shall not issue to the person who made such application a national administrative document for that animal if any requirement of articles 8 to 14 inclusive of the Bovine Animals (Records, Identification and Movement) Order 1995 is being contravened in relation to that animal.
3
In paragraph (2) of regulation 10 (retention of records), delete sub-paragraph (b). Insert instead —
b
retain for such period any records which he has kept under —
i
article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 , and
ii
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995;
provided that the animals for which an application for Community premium was made are clearly distinguished from the other animals recorded in such records.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
9th January 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th January1995


text:
1
This Order may be cited as the Returning Officers (Principal Areas: Wales) Order 1995 and shall come into force on 31st January 1995.
2
At the first elections of councillors for each new principal area in Wales, the returning officer shall be an officer of the council appointed by the existing council designated in column 2 of the Schedule to this Order opposite to the designation in column 1 thereof of the new principal area concerned.
Blatch
Minister of State
Home Office
24th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Transfer of Trust Property) (No.3) Order 1995 and shall come into force on 23rd October 1995.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the South and East Wales Ambulance 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 15th August 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 23rd October 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
21st September 1995


text:
1
The City Council of Sheffield (Inner Ring Road — Stage 1A Bridge) Scheme 1994 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of Sheffield City Council, Administration and Legal Department, Town Hall, Sheffield, S1 2HH; at the Enquiry Office, Design and Building Services, 2/10 Carbrook Hall Road, Sheffield, S9 2DB; and at the offices of Sheffield Development Corporation, Don Valley House, Savile Street East, Sheffield S4 7UQ.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This instrument may be cited as the City Council of Sheffield (Inner Ring Road — Stage 1A Bridge) Scheme 1994 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
11th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 1995 and shall come into force on 9th January 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1)(a) —
a
after the definition of “company” there shall be inserted —
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
“European institution” has the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992 ;
b
after the definition of “release date” there shall be inserted —
“relevant authorised person” has the same meaning as in section 333A(12) of the Taxes Act;
.
4
1
In regulation 5(3) there shall be inserted at the beginning the words “Subject to paragraph (3A),”.
2
After regulation 5(3) there shall be inserted —
3A
A plan manager who is a European institution or a relevant authorised person may hold a plan investor’s cash subscription and other cash held under a plan in the currency of the EEA State in which he has his principal place of business and may deposit such cash in an account which is designated as mentioned in paragraph (3) with any person authorised under the law of that State to accept deposits.
5
In regulation 11(2) —
a
for sub-paragraph (b) there shall be substituted —
b
a plan manager must be —
i
an authorised person within the meaning of Chapter III of Part I of the Financial Services Act 1986 (“the 1986 Act ”), or
ii
a European institution which may carry on home-regulated investment business in the United Kingdom in accordance with the Banking Co-ordination (Second Council Directive) Regulations 1992;
b
at the end of sub-paragraph (c) there shall be added —
; and
d
a plan manager who is a European institution or a relevant authorised person and who does not have a branch or business establishment in the United Kingdom, or has such a branch or business establishment but does not intend to carry out all his functions as a plan manager at that branch or business establishment, must fulfil one of the three requirements specified in regulation 11A.
6
After regulation 11 there shall be inserted —
Plan manager — appointment of tax representative
11A
1
The first requirement specified in this regulation is that —
a
a person who falls within subsection (5) of section 333A of the Taxes Act is for the time being appointed by the plan manager to be responsible for securing the discharge of the duties prescribed by paragraph (4) which fall to be discharged by the plan manager, and
b
his identity and the fact of his appointment have been notified to the Board by the plan manager.
2
The second requirement specified in this regulation is that there are for the time being other arrangements with the Board for a person other than the plan manager to secure the discharge of such duties.
3
The third requirement specified in this regulation is that there are for the time being other arrangements with the Board designed to secure the discharge of such duties.
4
The duties prescribed by this paragraph are those that fall to be discharged by a plan manager under these Regulations.
5
The appointment of a person in pursuance of the first requirement shall be treated as terminated in circumstances where —
a
the Board have reason to believe that the person concerned —
i
has failed to secure the discharge of any of the duties prescribed by paragraph (4), or
ii
does not have adequate resources to discharge those duties; and
b
the Board have notified the plan manager and that person that they propose to treat his appointment as having terminated with effect from the date specified in the notice.
6
Where, in accordance with the first requirement, a person is at any time responsible for securing the discharge of duties, the person concerned —
a
shall be entitled to act on the plan manager’s behalf for any of the purposes of the provisions relating to the duties;
b
shall secure (where appropriate by acting on the plan manager’s behalf) the plan manager’s compliance with and discharge of the duties;
c
shall be personally liable in respect of any failure of the plan manager to comply with or discharge any such duty as if the duties imposed on the plan manager were imposed jointly and severally on the plan manager and the person concerned.
7
At the end of regulation 15(c) there shall be added —
; or
d
in the case of a European institution or a relevant authorised person, action corresponding to that described in paragraph (b) or (c) has been taken by or in relation to the institution or person under the law of an EEA State
.
8
At the end of sub-paragraph (b) of regulation 17A(1) there shall be added the words “(or, where the plan manager is a European institution or a relevant authorised person, its equivalent in the currency of the State in which he has his principal place of business)”.
9
In regulation 26(1) after the word “inspection” there shall be inserted the words “at a place within the United Kingdom”.
Michael Bates
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1995


text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Tower Hamlets) Red Route Experimental Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “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;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
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 the highway, 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.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the London Borough of Tower Hamlets Waiting and Loading Order 1976 No. 394 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
25th August 1995


text:
Title and commencement
1
This Order may be cited as the Scottish Borders Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Scottish Borders Tourist Board Scheme 1995;
“ the Board ” means the Scottish Borders Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of The Borders.
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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Ballot Expenditure) Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations —
“ the Act ” means the Education Act 1993,
“Authority” means a local education authority,
“ballot”, except as provided in regulation 3(4), means a ballot held under section 28 of the Act and includes a second ballot held under section 30 of the Act and a ballot which is subsequently declared void under section 31(2) of the Act,
“expenditure” means expenditure incurred for the purpose referred to in section 36(3) of the Act as described in regulation 2 below but does not include expenditure out of a school’s budget share within the meaning of section 33 of the Education Reform Act 1988 ,
“notified” means notified to the Authority under section 25(1)(b) or section 26(3)(b) of the Act or notified to the governing body of the school under section 31(2) of the Act (requiring a fresh ballot following a ballot declared void),
“registered” in relation to a pupil shall be construed in accordance with section 29(2) of the Act,
“year” means a period commencing on 1st April and ending on 31st March in the following year.
Incurred expenditure
2
1
Subject to the provisions of this regulation, expenditure is incurred if it is incurred directly in connection with —
a
preparing, producing, commissioning or distributing material,
b
advertising or other promotion,
c
holding a meeting, or
d
securing information with a view to its use in connection with (a), (b) or (c) above
for the purposes of influencing the outcome of ballots.
2
Expenditure is incurred in relation to paragraph (1)(a) above when the material in question is distributed and in relation to paragraphs 1(b) and (c) above when the advertising or other promotion or meeting is published or, as the case may be, takes place.
3
Expenditure in connection with paragraph (1)(d) above includes the payment of a subscription or a proportion thereof in respect of any year to any person with the primary objective of securing the information referred to.
4
Additional expenditure incurred for the purpose of providing written or oral communication in more than one language shall be disregarded for the purposes of this regulation.
Limit on expenditure
3
1
For the purposes of section 36(3) of the Act the limit on expenditure in any year shall be the sum of #
A + B + C + D
where: —
A is £750,
B is £500 multiplied by the number of ballots notified in that year,
C is £1 multiplied by the number of registered pupils at the schools in respect of which ballots are notified in that year, and
D is any unexpended balance of B and C carried over from the previous year in respect of a notified ballot which has not been concluded in the previous year.
2
For the purposes of paragraph (1) above, a ballot which is notified before 1st April 1995 but has not been concluded before that date is deemed to have been notified on that date.
3
For the purposes of paragraph (1)D and paragraph (2) above a ballot is concluded at the end of the last day allowed for voting.
4
In this regulation “ballot” does not include a second ballot held under section 30 of the Act.
Accounts
4
1
The Authority shall keep, in accordance with any directions contained in an order made by the Secretary of State, a separate account of expenditure.
2
The Authority shall, in respect of each year, prepare a statement of account showing the total expenditure in that year.
3
The Authority shall send to the Secretary of State, if she so requests, a copy of the completed statement referred to in paragraph (2) above, including an auditor’s certificate relating thereto, on or before 30th June 1996 and on or before 30th June in each subsequent year.
Gillian Shephard
Secretary of State for Education
7th March 1995
John Redwood
Secretary of State for Wales
8th March 1995


text:
Citation and commencement
1
This Order may be cited as the Calderdale Healthcare National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 6th July 1995.
Amendment of NHS trust Establishment Order
2
In Article 3(2)(a) of the Calderdale Healthcare National Health Service Trust (Establishment) Order 1992 for the words “Royal Halifax Infirmary, Free School Lane, Halifax, West Yorkshire HX1 2YP.” there shall be substituted the words “Halifax General Hospital, Salterhebble, Halifax HX3 OPW and associated hospitals;”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th June 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Ealing) Red Route (Clearway) Traffic Order 1995, and shall come into force on 15th December 1995.
Interpretation
2
In this Order —
a
reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980;
c
causing includes permitting;
d
“disabled person”, “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;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle.
General prohibition of stopping
3
1
Subject to the provisions of articles 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Ealing (Waiting and Loading Restrictions) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Ealing (Waiting and Loading Restrictions) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
30th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) Order 1995 and shall come into force on 9th March 1995.
2
In this Order “the principal Order ” means the Town and Country Planning (Use Classes) Order 1987 .
Special industrial use classes
2
1
In paragraph (4) of article 3 of the principal Order (use classes) —
a
for “within any two or more of classes B1 to B7” substitute “within classes B1 and B2”, and
b
for “either within class B2 or within classes B4 to B7” substitute “within class B2”.
2
In Part B of the Schedule to the principal Order —
a
in class B2 (general industrial), omit “or within classes B4 to B7 below”, and
b
omit classes B4 to B7 (special industrial groups B, C, D and E).
Signed by authority of the Secretary of State for the Environment
Ullswater
Minister of State,
Department of the Environment
8th February 1995
John Redwood
Secretary of State for Wales
9th February 1995


text:
1
This Order may be cited as the Public Telecommunication System Designation (Orange Personal Communications Services Limited) Order 1995 and shall come into force on 18th November 1995.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
20th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Herts Community Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th October 1995.
2
In this Order —
“the Authority” means the South West Hertfordshire Health Authority;
“the Trust” means the West Herts 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 Authority and the Trust on 28th February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th October 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th September 1995


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1995 and shall come into force at 20.00 hours on 6th July 1995.
2
In this Order “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis , and “relevant time” means one minute past midnight on 6th July 1995.
Designated circumstances
2
In the opinion of the Secretary of State, scallops in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th July 1995


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Hounslow) Red Route Experimental Traffic Order 1995, and shall come into force on 22nd March 1995.
Interpretation
2
In this Order:
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 causing includes permitting;
d
“disabled person”, “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;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that:
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies:
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies–
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is–
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
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 the highway, 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.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Greater London Council Traffic Management Order 1977 No 642 , The Hounslow (Waiting and Loading Restrictions) Order 1977 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Greater London Council Traffic Management Order 1977 No 642 , The Hounslow (Waiting and Loading Restrictions) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th January 1995


text:
1
1
This Order may be cited as the A15 (Brigg and Redbourne Bypass) (Trunking) Order 1995 and shall come into force on 1st April 1995.
2
The length of highway described in the Schedule to this Order shall become a trunk road as 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 HA 10/YHNMD 3, marked “The A15 Trunk Road (Brigg and Redbourne Bypass) (Trunking) Order 1995”, signed by authority of the Secretary of State for Transport and desosited 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 Yorkshire and Humberside Network Management Division
The Highways Agency
15th February 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) (No. 2) Order 1995 and shall come into force on 21st April 1995.
Amendment
2
Article 6(3) of the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 shall be amended by substituting for the words “at the rate per annum of £2.40 for each 10 metres of hedgerow”, the words “at the rate per annum of 24p for each metre of hedgerow”.
Saving
3
Article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
Howe
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
27th March 1995
We consent,
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1995 and shall come into force at 18.00 hours on 25th May 1995.
2
In this Order “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis , and “relevant time” means one minute past midnight on 25th May 1995.
Designated circumstances
2
In the opinion of the Secretary of State, scallops in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
Ian Anderson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
25th May 1995


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
The Civil Aviation (Joint Financing) Regulations 1994 shall be amended as follows:
a
In regulation 4(1) for the sums £40.70, £10.88 and £29.82 there shall be substituted respectively the sums £49.38, £14.00 and £35.38;
b
In regulation 15(2) for the figure 9.705% there shall be substituted the figure 17.436%.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
4th December 1995
We consent to the making of these Regulations
Bowen Wells
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Suffolk Broads (Extension of Byelaws) Order 1995 and shall come into force on 31st March 1995.
2
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Byelaws
2
1
The byelaws listed in the Schedule hereto shall continue to have effect in relation to the navigation area until 31st March 1996 and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.
2
Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State
Department of Transport
7th March 1995