text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1995 and shall come into force on 18th April 1995.
2
In this Order, “a relevant Community provision” means a provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that Regulation, as read with any qualifying words relating to that provision in that column.
3
In this Order any reference to a logbook or document includes, in addition to a logbook or document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
2
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence.
Penalties
3
1
A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of that Schedule; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with a relevant Community provision, being article 2(2) or 3(1) of a Council Regulation referred to in column 1 of the Schedule hereto, shall also be liable —
a
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence; and
b
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
Recovery of fines
4
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 7 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 7 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of enforcing article 2 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 2 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 2 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers to seize fish and fishing gear
6
Any British sea-fishery officer may seize any fish (including any receptacle which contains the fish) and any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 2 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision, being article 2(1) or (2), or 3(1), or (4) of a Council Regulation referred to in column 1 of the Schedule hereto.
Obstruction of officers
7
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 5 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 5 and 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer or a person assisting him by virtue of article 5(2) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 5 and 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
9
Proceedings for an offence under this Order may be taken, and the offence may for the purposes of the jurisdiction of the court to try offences, be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
10
Any logbook or other document kept on board or held in accordance with a relevant Community provision shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
11
The Third Country Fishing (Enforcement) Order 1994 is hereby revoked, but without prejudice to the application of articles 5 to 8 of that Order in relation to the enforcement of article 2 of that Order.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th March 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
21st March 1995
Denton of Wakefield
Parliamentary Under Secretary of State for Northern Ireland
10th March 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Havering Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the Authority” means the Barking and Havering Health Authority;
“the Trust” means the Havering Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 3rd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 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
9th May 1995


text:
Citation and commencement
1
This Order may be cited as the Conon Salmon Fishery District Designation Order 1995 and shall come into force on 22nd September 1995.
Designation of area of district
2
1
The area described in Schedule 1 to this Order is designated as the salmon fishery district to be known as the Conon Salmon Fishery District.
2
The existing Conon Salmon Fishery District, being superseded by the district designated by this Order, is abolished.
Application of regulations
3
The regulations specified in Schedule 2 to this Order shall apply to the district designated by article 2 above.
Annual close time
4
The annual close time for the district designated by this Order shall be the period from 27th August to 10th February, both dates inclusive, in each year and the period within that time when it is permitted to fish for and take salmon by rod and line shall be the period from 27th August to 30th September, both dates inclusive, in each year.
D R Dickson
Assistant Secretary, Scottish Office
Chesser House West,
Edinburgh
18th August 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Wales Ambulance National Health Service Trust (Establishment) Order 1995 and shall come into force on 6th February 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 6th February 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means West Wales Ambulance National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called West Wales Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters, Abergwili Road, Carmarthen, Dyfed SA31 2HG, and Ambulance Headquarters, 21 Orchard Street, Swansea, West Glamorgan SA1 5BE, and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 3 non-executive directors and 3 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
East Dyfed and West Glamorgan Health Authorities shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
East Dyfed and West Glamorgan Health Authorities shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authorities specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be East Dyfed and West Glamorgan Health Authorities.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
16th January 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) Regulations 1995 and shall come into force on 6th March 1995.
2
In these Regulations, unless the context otherwise requires–
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 68 of the Housing Benefit Regulations
2
Regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) shall be amended as follows–
a
in paragraph (1), for the words “to (6)” there shall be substituted the words “to (7)”, and
b
after paragraph (6) there shall be inserted the following new paragraph–
7
Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
.
Amendment of regulation 59 of the Council Tax Benefit Regulations
3
Regulation 59 of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) shall be amended as follows–
a
in paragraph (1), for the words “to (8)” there shall be substituted the words “to (9)”, and
b
after paragraph (8) there shall be inserted the following new paragraph–
9
Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
.
Transitional
4
Where a change of circumstances occurs as a result of the payment of arrears of any income (and for the avoidance of doubt income includes any benefit within the meaning of the Social Security Contributions and Benefits Act 1992 ) which affects a determination or decision in respect of entitlement to, or the amount of, housing benefit or council tax benefit before 6th March 1995, regulations 2 and 3 shall, in so far as they relate to arrears of income paid in respect of a period before that date, be treated as if they had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newham Community Health Services National Health Service Trust (Establishment) Order 1995 and shall come into force on 31st March 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 31st March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Newham Community Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Newham Community Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Plaistow Hospital, Samson Street, London E13 8SL and associated hospitals;
b
to manage community health services provided from Plaistow Hospital, Samson Street, London E13 8SL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East London and The City Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The East London and The City Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilites referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the East London and The City Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
20th March 1995


text:
Part I
Introductory Provisions
Citation, commencement and extent
1
1
These Regulations may be cited as the Duration of Copyright and Rights in Performances Regulations 1995.
2
These Regulations come into force on 1st January 1996.
3
These Regulations extend to the whole of the United Kingdom.
Interpretation
2
In these Regulations —
“ 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 ; and
“EEA state” means a state which is a contracting party to the EEA Agreement.
Implementation of Directive, &c.
3
These Regulations make provision for the purpose of implementing —
a
the main provisions of Council Directive No. 93/98/ EEC of 29th October 1993 harmonizing the term of protection of copyright and certain related rights; and
b
certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relevant to the implementation of that Directive.
Scheme of the regulations
4
The Copyright, Designs and Patents Act 1988 is amended in accordance with the provisions of Part II of these Regulations, subject to the savings and transitional provisions in Part III of these Regulations.
Part II
Amendments of the Copyright, Designs and Patents Act 1988
Copyright
Duration of copyright in literary, dramatic, musical or artistic works
5
1
For section 12 (duration of copyright in literary, dramatic, musical or artistic works) substitute —
Duration of copyright in literary, dramatic, musical or artistic works.
12
1
The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.
2
Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject as follows.
3
If the work is of unknown authorship, copyright expires —
a
at the end of the period of 70 years from the end of the calendar year in which the work was made, or
b
if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,
subject as follows.
4
Subsection (2) applies if the identity of the author becomes known before the end of the period specified in paragraph (a) or (b) of subsection (3).
5
For the purposes of subsection (3) making available to the public includes —
a
in the case of a literary, dramatic or musical work —
i
performance in public, or
ii
being broadcast or included in a cable programme service;
b
in the case of an artistic work —
i
exhibition in public,
ii
a film including the work being shown in public, or
iii
being included in a broadcast or cable programme service;
but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.
6
Where the country of origin of the work is not an EEA state and the author of the work is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (5).
7
If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.
8
The provisions of this section are adapted as follows in relation to a work of joint authorship —
a
the reference in subsection (2) to the death of the author shall be construed —
i
if the identity of all the authors is known, as a reference to the death of the last of them to die, and
ii
if the identity of one or more of the authors is known and the identity of one or more others is not, as a reference to the death of the last whose identity is known;
b
the reference in subsection (4) to the identity of the author becoming known shall be construed as a reference to the identity of any of the authors becoming known;
c
the reference in subsection (6) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.
9
This section does not apply to Crown copyright or Parliamentary copyright (see sections 163 to 166) or to copyright which subsists by virtue of section 168 (copyright of certain international organisations).
.
2
In section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author), in subsection (1)(b)(ii) and subsection (2)(b) for “50 years” substitute “70 years”.
3
In section 154 (qualification for copyright protection by reference to author), in subsection (3) for the paragraph referring to provisions of section 12 substitute —
section 12 (duration of copyright), and section 9(4) (meaning of “unknown authorship”) so far as it applies for the purposes of section 12, and.
Duration of copyright in sound recordings and films
6
1
For section 13 (duration of copyright in sound recordings and films) substitute —
Duration of copyright in sound recordings.
13A
1
The following provisions have effect with respect to the duration of copyright in a sound recording.
2
Copyright expires —
a
at the end of the period of 50 years from the end of the calendar year in which it is made, or
b
if during that period it is released, 50 years from the end of the calendar year in which it is released;
subject as follows.
3
For the purposes of subsection (2) a sound recording is “released” when it is first published, played in public, broadcast or included in a cable programme service; but in determining whether a sound recording has been released no account shall be taken of any unauthorised act.
4
Where the author of a sound recording is not a national of an EEA state, the duration of copyright is that to which the sound recording is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsections (2) and (3).
5
If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsections (2) and (3).
Duration of copyright in films.
13B
1
The following provisions have effect with respect to the duration of copyright in a film.
2
Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons —
a
the principal director,
b
the author of the screenplay,
c
the author of the dialogue, or
d
the composer of music specially created for and used in the film;
subject as follows.
3
If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.
4
If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at —
a
the end of the period of 70 years from the end of the calendar year in which the film was made, or
b
if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.
5
Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in paragraph (a) or (b) of subsection (4).
6
For the purposes of subsection (4) making available to the public includes —
a
showing in public, or
b
being broadcast or included in a cable programme service;
but in determining generally for the purposes of that subsection whether a film has been made available to the public no account shall be taken of any unauthorised act.
7
Where the country of origin is not an EEA state and the author of the film is not a national of an EEA state, the duration of copyright is that to which the work is entitled in the country of origin, provided that does not exceed the period which would apply under subsections (2) to (6).
8
In relation to a film of which there are joint authors, the reference in subsection (7) to the author not being a national of an EEA state shall be construed as a reference to none of the authors being a national of an EEA state.
9
If in any case there is no person falling within paragraphs (a) to (d) of subsection (2), the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.
10
For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) to (d) shall be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as unknown.
.
2
In Chapter III of Part I (acts permitted in relation to copyright works), after section 66 insert —
Miscellaneous: films and sound recordings
Films: acts permitted on assumptions as to expiry of copyright, &c.
66A
1
Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when —
a
it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in section 13B(2)(a) to (d) (persons by reference to whose life the copyright period is ascertained), and
b
it is reasonable to assume —
i
that copyright has expired, or
ii
that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.
2
Subsection (1)(b)(ii) does not apply in relation to —
a
a film in which Crown copyright subsists, or
b
a film in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than 70 years.
.
3
In section 79(4), 81(5) and 85(2) (exceptions to moral rights: acts which would not infringe copyright) for “section 57 (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author)” substitute “section 57 or 66A (acts permitted on assumptions as to expiry of copyright, &c.)”.
4
In section 105(2) (presumptions relevant to films), after paragraph (a) insert —
aa
that a named person was the principal director, the author of the screenplay, the author of the dialogue or the composer of music specifically created for and used in the film,
.
Duration of copyright in broadcasts and cable programmes
7
1
For section 14 (duration of copyright in broadcasts and cable programmes) substitute —
Duration of copyright in broadcasts and cable programmes.
14
1
The following provisions have effect with respect to the duration of copyright in a broadcast or cable programme.
2
Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service, subject as follows.
3
Where the author of the broadcast or cable programme is not a national of an EEA state, the duration of copyright in the broadcast or cable programme is that to which it is entitled in the country of which the author is a national, provided that does not exceed the period which would apply under subsection (2).
4
If or to the extent that the application of subsection (3) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of copyright shall be as specified in subsection (2).
5
Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat broadcast or cable programme which is broadcast or included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.
6
A repeat broadcast or cable programme means one which is a repeat either of a broadcast previously made or of a cable programme previously included in a cable programme service.
.
2
In the closing words of paragraph 9 of Schedule 1 (repeats of pre-1957 broadcasts and pre-1985 cable programmes) for “section 14(2)” substitute “section 14(5)”.
Meaning of country of origin
8
1
In Chapter I of Part I (subsistence, ownership and duration of copyright), after section 15 insert —
Meaning of country of origin.
15A
1
For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.
2
If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.
3
If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.
4
If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then —
a
if any of those countries is an EEA state, the country of origin is that country; and
b
if none of those countries is an EEA state, the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.
5
If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is —
a
if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;
b
if the work is —
i
a work of architecture constructed in a Berne Convention country, or
ii
an artistic work incorporated in a building or other structure situated in a Berne Convention country,
that country;
c
in any other case, the country of which the author of the work is a national.
6
In this section —
a
a “Berne Convention country” means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and
b
references to simultaneous publication are to publication within 30 days of first publication.
.
2
In section 179 (index of defined expressions: Part I), at the appropriate place insert —
country of origin section 15A.
Treatment of film sound tracks
9
1
For section 5 (sound recordings and films) substitute —
Sound recordings.
5A
1
In this Part “sound recording” means —
a
a recording of sounds, from which the sounds may be reproduced, or
b
a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.
2
Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.
Films.
5B
1
In this Part “film” means a recording on any medium from which a moving image may by any means be produced.
2
The sound track accompanying a film shall be treated as part of the film for the purposes of this Part.
3
Without prejudice to the generality of subsection (2), where that subsection applies —
a
references in this Part to showing a film include playing the film sound track to accompany the film, and
b
references to playing a sound recording do not include playing the film sound track to accompany the film.
4
Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.
5
Nothing in this section affects any copyright subsisting in a film sound track as a sound recording.
.
2
In section 80(6) (derogatory treatment of film), omit the words following paragraph (b).
3
In section 117 (licensing schemes to which ss.118 to 123 apply) —
a
in paragraph (a) omit “(or film sound-tracks when accompanying a film)”, and
b
in paragraph (b) omit “(other than film sound-tracks when accompanying a film)”.
4
In section 124 (licences to which ss.125 to 128 apply) —
a
in paragraph (a) omit “(or film sound-tracks when accompanying a film)”, and
b
in paragraph (b) omit “(other than a film sound-track when accompanying a film)”.
5
In section 179 (index of defined expressions: Part I) —
a
in the entry relating to the expression “film” for “section 5” substitute “section 5B”; and
b
in the entry relating to the expression “sound recording” for “sections 5 and 135A” substitute “sections 5A and 135A”
6
In section 212 (index of defined expressions: Part II) —
a
in the entry relating to the expression “film” for “section 5” substitute “section 5B”; and
b
in the entry relating to the expression “sound recording” for “section 5” substitute “section 5A”.
Rights in performances
Duration of rights in performances
10
In Part II (rights in performances), for section 191 (duration of rights) substitute —
Duration of rights.
191
1
The following provisions have effect with respect to the duration of the rights conferred by this Part.
2
The rights conferred by this Part in relation to a performance expire —
a
at the end of the period of 50 years from the end of the calendar year in which the performance takes place, or
b
if during that period a recording of the performance is released, 50 years from the end of the calendar year in which it is released,
subject as follows.
3
For the purposes of subsection (2) a recording is “released” when it is first published, played or shown in public, broadcast or included in a cable programme service; but in determining whether a recording has been released no account shall be taken of any unauthorised act.
4
Where a performer is not a national of an EEA state, the duration of the rights conferred by this Part in relation to his performance is that to which the performance is entitled in the country of which he is a national, provided that does not exceed the period which would apply under subsections (2) and (3).
5
If or to the extent that the application of subsection (4) would be at variance with an international obligation to which the United Kingdom became subject prior to 29th October 1993, the duration of the rights conferred by this Part shall be as specified in subsections (2) and (3).
.
Supplementary
Meaning of EEA national and EEA state
11
1
In Chapter X of Part I (miscellaneous and general provisions), after section 172 insert —
Meaning of EEA national and EEA state.
172A
1
In this Part —
“EEA national” means a national of an EEA state; and
“EEA state” means a state which is a contracting party to the EEA Agreement.
2
References in this Part to a person being an EEA national shall be construed in relation to a body corporate as references to its being incoporated under the law of an EEA state.
3
The “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.
.
2
In section 179 (index of defined expressions: Part I), at the appropriate place insert —
EEA national and EEA state section 172A
.
3
In section 211(1) (expressions in Part II having same meaning as in Part I), at the appropriate place insert —
EEA national,
.
4
In section 212 (index of defined expressions: Part II), at the appropriate place insert —
EEA national section 211(1) (and section 172A)
.
Part III
Savings and transitional provisions
Introductory
Introductory
12
1
References in this Part to “commencement”, without more, are to the date on which these Regulations come into force.
2
In this Part —
“the 1988 Act ” means the Copyright, Designs and Patents Act 1988 ;
“the 1988 provisions ” means the provisions of that Act as they stood immediately before commencement (including the provisions of Schedule 1 to that Act continuing the effect of earlier enactments); and
“the new provisions” means the provisions of that Act as amended by these Regulations.
3
Expressions used in this Part which are defined for the purposes of Part I or II of the 1988 Act, in particular references to the copyright owner, have the same meaning as in that Part.
Films not protected as such
13
In relation to a film in which copyright does not or did not subsist as such but which is or was protected —
a
as an original dramatic work, or
b
by virtue of the protection of the photographs forming part of the film,
references in the new provisions, and in this Part, to copyright in a film are to any copyright in the film as an original dramatic work or, as the case may be, in photographs forming part of the film.
Copyright
Copyright: interpretation
14
1
In the provisions of this Part relating to copyright —
a
“existing”, in relation to a work, means made before commencement; and
b
“existing copyright work” means a work in which copyright subsisted immediately before commencement.
2
For the purposes of those provisions a work of which the making extended over a period shall be taken to have been made when its making was completed.
3
References in those provisions to “moral rights” are to the rights conferred by Chapter IV of Part I of the 1988 Act.
Duration of copyright: general saving
15
1
Copyright in an existing copyright work shall continue to subsist until the date on which it would have expired under the 1988 provisions if that date is later than the date on which copyright would expire under the new provisions.
2
Where paragraph (1) has effect, section 57 of the 1988 Act (anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author) applies as it applied immediately before commencement (that is, without the amendments made by Regulation 5(2)).
Duration of copyright: application of new provisions
16
The new provisions relating to duration of copyright apply —
a
to copyright works made after commencement;
b
to existing works which first qualify for copyright protection after commencement;
c
to existing copyright works, subject to Regulation 15 (general saving for any longer period applicable under 1988 provisions); and
d
to existing works in which copyright expired before 31st December 1995 but which were on 1st July 1995 protected in another EEA state under legislation relating to copyright or related rights.
Extended and revived copyright
17
In the following provisions of this Part —
“extended copyright” means any copyright which subsists by virtue of the new provisions after the date on which it would have expired under the 1988 provisions; and
“revived copyright” means any copyright which subsists by virtue of the new provisions after having expired under the 1988 provisions or any earlier enactment relating to copyright.
Ownership of extended copyright
18
1
The person who is the owner of the copyright in a work immediately before commencement is as from commencement the owner of any extended copyright in the work, subject as follows.
2
If he is entitled to copyright for a period less than the whole of the copyright period under the 1988 provisions, any extended copyright is part of the reversionary interest expectant on the termination of that period.
Ownership of revived copyright
19
1
The person who was the owner of the copyright in a work immediately before it expired (the “former copyright owner”) is as from commencement the owner of any revived copyright in the work, subject as follows.
2
If the former copyright owner has died before commencement, or in the case of a legal person has ceased to exist before commencement, the revived copyright shall vest —
a
in the case of a film, in the principal director of the film or his personal representatives, and
b
in any other case, in the author of the work or his personal representatives.
3
Where revived copyright vests in personal representatives by virtue of paragraph (2), it shall be held by them for the benefit of the person who would have been entitled to it had it been vested in the principal director or author immediately before his death and had devolved as part of his estate.
Prospective ownership of extended or revived copyright
20
1
Where by an agreement made before commencement in relation to extended or revived copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the extended or revived copyright (wholly or partially) to another person, then if, on commencement the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright shall vest in the assignee or his successor in title by virtue of this paragraph.
2
A licence granted by a prospective owner of extended or revived copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in Part I of the 1988 Act to doing anything with, or without, the licence of the copyright owner shall be construed accordingly.
3
In paragraph (2) “prospective owner” includes a person who is prospectively entitled to extended or revived copyright by virtue of such an agreement as is mentioned in paragraph (1).
Extended copyright: existing licences, agreement, &c.
21
1
Any copyright licence, any term or condition of an agreement relating to the exploitation of a copyright work, or any waiver or assertion of moral rights, which —
a
subsists immediately before commencement in relation to an existing copyright work, and
b
is not to expire before the end of the copyright period under the 1988 provisions,
shall continue to have effect during the period of any extended copyright, subject to any agreement to the contrary.
2
Any copyright licence, or term or condition relating to the exploitation of a copyright work, imposed by order of the Copyright Tribunal which —
a
subsists immediately before commencement in relation to an existing copyright work, and
b
is not to expire before the end of the copyright period under the 1988 provisions,
shall continue to have effect during the period of any extended copyright, subject to any further order of the Tribunal.
Revived copyright: exercise of moral rights
22
1
The following provisions have effect with respect to the exercise of moral rights in relation to a work in which there is revived copyright.
2
Any waiver or assertion of moral rights which subsisted immediately before the expiry of copyright shall continue to have effect during the period of revived copyright.
3
Moral rights are exercisable after commencement by the author of a work or, as the case may be, the director of a film in which revived copyright subsists, as with any other copyright work.
4
Where the author or director died before commencement —
a
the rights conferred by —
section 77 (right to identification as author or director),
section 80 (right to object to derogatory treatment of work), or
section 85 (right to privacy of certain photographs and films),
are exercisable after commencement by his personal representatives, and
b
any infringement after commencement of the right conferred by section 84 (false attribution) is actionable by his personal representatives.
5
Any damages recovered by personal representatives by virtue of this Regulation in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
6
Nothing in these Regulations shall be construed as causing a moral right to be exercisable if, or to the extent that, the right was excluded by virtue of paragraph 23 or 24 of Schedule 1 on the commencement of the 1988 Act or would have been so excluded if copyright had not previously expired.
Revived copyright: saving for acts of exploitation when work in public domain, &c.
23
1
No act done before commencement shall be regarded as infringing revived copyright in a work.
2
It is not an infringement of revived copyright in a work —
a
to do anything after commencement in pursuance of arrangements made before 1st January 1995 at a time when copyright did not subsist in the work, or
b
to issue to the public after commencement copies of the work made before 1st July 1995 at a time when copyright did not subsist in the work.
3
It is not an infringement of revived copyright in a work to do anything after commencement in relation to a literary, dramatic, musical or artistic work or a film made before commencement, or made in pursuance of arrangements made before commencement, which contains a copy of that work or is an adaptation of that work if —
a
the copy or adaptation was made before 1st July 1995 at a time when copyright did not subsist in the work in which revived copyright subsists, or
b
the copy or adaptation was made in pursuance of arrangements made before 1st July 1995 at a time when copyright did not subsist in the work in which revived copyright subsists.
4
It is not an infringement of revived copyright in a work to do after commencement anything which is a restricted act in relation to the work if the act is done at a time when, or is done in pursuance of arrangements made at a time when, the name and address of a person entitled to authorise the act cannot by reasonable inquiry be ascertained.
5
In this Regulation “arrangements” means arrangements for the exploitation of the work in question.
6
It is not an infringement of any moral right to do anything which by virtue of this Regulation is not an infringement of copyright.
Revived copyright: use as of right subject to reasonable royalty
24
1
In the case of a work in which revived copyright subsists any acts restricted by the copyright shall be treated as licensed by the copyright owner, subject only to the payment of such reasonable royalty or other remuneration as may be agreed or determined in default of agreement by the Copyright Tribunal.
2
A person intending to avail himself of the right conferred by this Regulation must give reasonable notice of his intention to the copyright owner, stating when he intends to begin to do the acts.
3
If he does not give such notice, his acts shall not be treated as licensed.
4
If he does give such notice, his acts shall be treated as licensed and a reasonable royalty or other remuneration shall be payable in respect of them despite the fact that its amount is not agreed or determined until later.
5
This Regulation does not apply if or to the extent that a licence to do the acts could be granted by a licensing body (within the meaning of section 116(2) of the 1988 Act), whether or not under a licensing scheme.
6
No royalty or other remuneration is payable by virtue of this Regulation in respect of anything for which a royalty or other remuneration is payable under Schedule 6 to the 1988 Act.
Revived copyright: application to Copyright Tribunal
25
1
An application to settle the royalty or other remuneration payable in pursuance of Regulation 24 may be made to the Copyright Tribunal by the copyright owner or the person claiming to be treated as licensed by him.
2
The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
3
Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
4
An application under paragraph (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that paragraph.
5
An order under paragraph (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.
Film sound tracks: application of new provisions
26
1
The new provisions relating to the treatment of film sound tracks apply to existing sound tracks as from commencement.
2
The owner of any copyright in a film has as from commencement corresponding rights as copyright owner in any existing sound track treated as part of the film; but without prejudice to any rights of the owner of the copyright in the sound track as a sound recording.
3
Anything done before commencement under or in relation to the copyright in the sound recording continues to have effect and shall have effect, so far as concerns the sound track, in relation to the film as in relation to the sound recording.
4
It is not an infringement of the copyright in the film (or of any moral right in the film) to do anything after commencement in pursuance of arrangements for the exploitation of the sound recording made before commencement.
Rights in performances
Rights in performances: interpretation
27
1
In the provisions of this Part relating to rights in performances —
a
“existing”, in relation to a performance, means given before commencement; and
b
“existing protected performance” means a performance in relation to which rights under Part II of the 1988 act (rights in performances) subsisted immediately before commencement.
2
References in this Part to performers' rights are to the rights given by section 180(1)(a) of the 1988 Act and references to recording rights are to the rights given by section 180(1)(b) of that Act.
Duration of rights in performances: general saving
28
Any rights under Part II of the 1988 Act in an existing protected performance shall continue to subsist until the date on which they would have expired under the 1988 provisions if that date is later than the date on which the rights would expire under the new provisions.
Duration of rights in performances: application of new provisions
29
The new provisions relating to the duration of rights under Part II of the 1988 Act apply —
a
to performances taking place after commencement;
b
to existing performances which first qualify for protection under Part II of the 1988 Act after commencement;
c
to existing protected performances, subject to Regulation 28 (general saving for any longer period applicable under 1988 provisions); and
d
to existing performances —
i
in which rights under Part II of the 1988 Act expired after the commencement of that Part and before 31st December 1995, or
ii
which were protected by earlier enactments relating to the protection of performers and in which rights under that Part did not arise by reason only that the performance was given at a date such that the rights would have ceased to subsist before the commencement of that Part,
but which were on 1st July 1995 protected in another EEA state under legislation relating to copyright or related rights.
Extended and revived performance rights
30
In the following provisions of this Part —
“extended performance rights” means rights under Part II of the 1988 Act which subsist by virtue of the new provisions after the date on which they would have expired under the 1988 provisions; and
“revived performance rights” means rights under Part II of the 1988 Act which subsist by virtue of the new provisions —
after having expired under the 1988 provisions, or
in relation to a performance which was protected by earlier enactments relating to the protection of performers and in which rights under that Part did not arise by reason only that the performance was given at a date such that the rights would have ceased to subsist before the commencement of that Part.
References in the following provisions of this Part to “revived pre-1988 rights” are to revived performance rights within paragraph (b) of the above definition.
Entitlement to extended or revived performance rights
31
1
Any extended performance rights are exercisable as from commencement by the person who was entitled to exercise those rights immediately before commencement, that is —
a
in the case of performers' rights, the performer or (if he has died) the person entitled by virtue of section 192(2) of the 1988 Act to exercise those rights;
b
in the case of recording rights, the person who was within the meaning of section 185 of the 1988 Act the person having those rights.
2
Any revived performance rights are exercisable as from commencement —
a
in the case of rights which expired after the commencement of the 1988 Act, by the person who was entitled to exercise those rights immediately before they expired;
b
in the case of revived pre-1988 performers' rights, by the performer or his personal representatives;
c
in the case of revived pre-1988 recording rights, by the person who would have been the person having those rights immediately before the commencement of the 1988 Act or, if earlier, immediately before the death of the performer, applying the provisions of section 185 of that Act to the circumstances then obtaining.
3
Any remuneration or damages received by a person’s personal representatives by virtue of a right conferred on them by paragraph (1) or (2) shall devolve as part of that person’s estate as if the right had subsisted and been vested in him immediately before his death.
Extended performance rights: existing consents, agreement, &c.
32
Any consent, or any term or condition of an agreement, relating to the exploitation of an existing protected performance which —
a
subsists immediately before commencement, and
b
is not to expire before the end of the period for which rights under Part II of the 1988 Act subsist in relation to that performance,
shall continue to subsist during the period of any extended performance rights, subject to any agreement to the contrary.
Revived performance rights: saving for acts of exploitation when performance in public domain, &c.
33
1
No act done before commencement shall be regarded as infringing revived performance rights in a performance.
2
It is not an infringement of revived performance rights in a performance —
a
to do anything after commencement in pursuance of arrangements made before 1st January 1995 at a time when the performance was not protected, or
b
to issue to the public after commencement a recording of a performance made before 1st July 1995 at a time when the performance was not protected.
3
It is not an infringement of revived performance rights in a performance to do anything after commencement in relation to a sound recording or film made before commencement, or made in pursuance of arrangements made before commencement, which contains a recording of the performance if —
a
the recording of the performance was made before 1st July 1995 at a time when the performance was not protected, or
b
the recording of the performance was made in pursuance of arrangements made before 1st July 1995 at a time when the performance was not protected.
4
It is not an infringement of revived performance rights in a performance to do after commencement anything at a time when, or in pursuance of arrangements made at a time when, the name and address of a person entitled to authorise the act cannot by reasonable inquiry be ascertained.
5
In this Regulation “arrangements” means arrangements for the exploitation of the performance in question.
6
References in this Regulation to a performance being protected are —
a
in relation to the period after the commencement of the 1988 Act, to rights under Part II of that Act subsisting in relation to the performance, and
b
in relation to earlier periods, to the consent of the performer being required under earlier enactments relating to the protection of performers.
Revived performance rights: use as of right subject to reasonable remuneration
34
1
In the case of a performance in which revived performance rights subsist any acts which require the consent of any person under Part II of the 1988 Act (the “rights owner”) shall be treated as having that consent, subject only to the payment of such reasonable remuneration as may be agreed or determined in default of agreement by the Copyright Tribunal.
2
A person intending to avail himself of the right conferred by this Regulation must give reasonable notice of his intention to the rights owner, stating when he intends to begin to do the acts.
3
If he does not give such notice, his acts shall not be treated as having consent.
4
If he does give such notice, his acts shall be treated as having consent and reasonable remuneration shall be payable in respect of them despite the fact that its amount is not agreed or determined until later.
Revived performance rights: application to Copyright Tribunal
35
1
An application to settle the remuneration payable in pursuance of Regulation 34 may be made to the Copyright Tribunal by the rights owner or the person claiming to be treated as having his consent.
2
The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
3
Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
4
An application under paragraph (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that paragraph.
5
An order under paragraph (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.
Supplementary
Construction of references to EEA states
36
1
For the purpose of the new provisions relating to the term of copyright protection applicable to a work of which the country of origin is not an EEA state and of which the author is not a national of an EEA state —
a
a work first published before 1st July 1995 shall be treated as published in an EEA state if it was on that date regarded under the law of the United Kingdom or another EEA state as having been published in that state;
b
an unpublished film made before 1st July 1995 shall be treated as originating in an EEA state if it was on that date regarded under the law of the United Kingdom or another EEA state as a film whose maker had his headquarters in, or was domiciled or resident in, that state; and
c
the author of a work made before 1st July 1995 shall be treated as an EEA national if he was on that date regarded under the law of the United Kingdom or another EEA state as a national of that state.
The references above to the law of another EEA state are to the law of that state having effect for the purposes of rights corresponding to those provided for in Part I of the 1988 Act.
2
For the purposes of the new provisions relating to the term of protection applicable to a performance where the performer is not a national of an EEA state, the performer of a performance given before 1st July 1995 shall be treated as an EEA national if he was on that date regarded under the law of the United Kingdom or another EEA state as a national of that state.
The reference above to the law of another EEA state is to the law of that state having effect for the purposes of rights corresponding to those provided for in Part II of the 1988 Act.
3
In this Regulation “another EEA state” means an EEA state other than the United Kingdom.
Ian Taylor,
Parliamentary Under-Secretary of State For Science and Technology,
Department of Trade and Industry
19th December 1995


text:
Citation and commencement
1
This Order may be cited as the Northampton and Lamport Light Railway Order 1995 and shall come into force on 10th May 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“ the Board ” means the British Railways Board;
“the Board’s railway” means so much of the former railway of the Board in the district of Daventry in the County of Northamptonshire authorised by the enabling Act as is co-extensive with the railway described in Schedule 1 to this Order including all lands and works relating thereto;
“ the Company ” means Northampton Steam Railway Limited incorporated under the Companies Act 1985 and whose registered offices is at 6 Hazelwood Road, Northampton, NN1 1LM;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order and such parts thereof as shall have been constructed for the time being;
“the County Council ” means the Northamptonshire County Council;
“the enabling Act” means the London and North Western Railway (Northampton and Market Harborough &c Branches) Act 1853 ;
“ Merry Tom Crossing ” means the site of the former crossing whereby the bridleway from Hoe Hill to Brixworth designated CG14 on the definitive map is crossed by the Board’s railway on the level and, when the crossing authorised by article 8 of this Order has been constructed, that crossing;
“train” means —
2 or more items of rolling stock coupled together at least one of which is a locomotive; or
a locomotive not coupled to any other rolling stock.
2
All directions and distances stated in the descriptions of the Board’s railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 , except sections 8, 9, 11 to 15, 32 to 44, 53 to 57, 59 and 60, 94, 95, 97 and 115 to 124, are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
2
Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the Act as are still in force shall not apply to the Company’s railway except for section 22 of the Regulation of Railways Act 1868 (Means of communication between passengers and Company’s servants to be provided) and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
3
In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
4
Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to bridges over the Company’s railway as if references in those sections to the Board were references to the County Council.
Power to construct railway
4
1
Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the County Council and on the same line and levels as the Board’s railway construct and maintain the railway described in Schedule 1 to this Order together with all necessary works and conveniences connected therewith, including stations, premises, workshops and facilities, and work it as a light railway under the Act.
2
Subject to the provisions of this Order, the Company’s railway or any part of it shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as they are still subsisting and effective) and the Company shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as aforesaid) with the intent that the Board shall be released from all such obligations.
3
Upon the expiration or sooner determination of any lease of lands granted by the County Council to the Company for the purposes of paragraph (1) of this article, the County Council shall be subject to all obligations statutory or otherwise relating to the Company’s railway (insofar as they are then still subsisting and effective).
Gauge of railway and motive power
5
The Company’s railway shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:
Provided also that, if electrical power is used as motive power on the Company’s railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Restriction of conveyance of passengers
6
No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State.
As to level crossings on the Brampton Valley Way
7
1
The Company may construct at Pitsford Siding, at Pitsford and Brampton Station, and at Spratton, and at such other places where the recreation route created by the County Council and known as the Brampton Valley Way crosses the Company’s railway, new level crossings of a type similar to those suitable for a footpath and bridleway.
2
At each such crossing referred to in this article: —
i
signs bearing the words “STOP, LOOK AND LISTEN” shall be provided on each side of the railway facing persons approaching the crossing;
ii
self-closing gates shall be provided on each side of the railway at each of the said crossings and shall open outwards away from the railway and shall not be latched or bolted shut;
iii
a whistle board of standard railway design shall be provided on each of the railway approaches to each of the said crossings not less than 120 metres from the crossing, and drivers of trains passing between 0700 and 2330 hours shall sound the train whistle.
As to Merry Tom Crossing
8
1
The Company shall provide at Merry Tom Crossing, and shall so long as this Order remains in force operate and maintain, the protective equipment which is specified in Part I of Schedule 2 to this Order.
2
The Company shall so long as this Order remains in force cause to be observed the conditions and requirements with regard to the crossing mentioned in paragraph (1) of this article which are specified in Part II of Schedule 2 to this Order.
3
Nothing contained or incorporated in this Order shall require the provision of any building or keeper at Merry Tom Crossing.
For protection of public gas and electricity suppliers
9
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , or of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989 , in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s railway is constructed.
For the protection of Sewerage and Water Undertakers
10
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertakers concerned, apply and have effect: —
1
In this article, “relevant pipe” in relation to any of the undertakers has the meaning given in section 158(7) of the Water Industry Act 1991 ;
2
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 in its application to the Company’s railway shall authorise the Company to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld;
3
a
The Company shall not in the construction, making or maintenance of the railway without the consent of the undertakers concerned: —
i
place or deposit any materials or erect any structure or works other than a single line of rails; or
ii
make any excavation to a depth of more than 300 millimetres below the surface of the ground,
in so far as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of a relevant pipe;
b
The undertakers concerned shall not unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of a relevant pipe;
4
Where any relevant pipe is situated in or under any land owned or held for the purpose of the Company’s railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs;
5
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe;
6
The Company shall compensate the undertakers: —
a
for any damage done or disturbance caused to any relevant pipe, and
b
for any other expenses, loss, damage, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise of the Company of the powers conferred by this Order;
Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents;
7
Without prejudice to the generality of the foregoing provisions of this article, nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force;
8
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article;
9
Any dispute or difference arising between the Company and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
9th May 1995


text:
Title and Commencement
1
These Regulations may be cited as the Judicial Pensions (Contributions) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
2
1
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993 and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
“contribution” means a contribution towards the cost of a surviving spouse’s or children’s pension;
“former scheme” and “last existing scheme” have the meanings given to them in the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 .
“lump sum” means the lump sum payable under section 4 on the retirement or death of an office holder;
“office-holder” means a person serving in an office in respect of which a surviving spouse’s or children’s pension may be granted under Part I;
“Part I scheme” means the pension scheme constituted under Part I;
“responsible authority” means in relation to an office-holder, the person or body responsible for paying his salary;
“notional service” means the period of service credited to an office holder who transfers into the Part I scheme from another judicial pension scheme, on the date of his transfer into that scheme, calculated in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995.
2
References in these regulations to compound interest shall mean compound interest at a rate announced annually by the Treasury in relation to the Principal Civil Service Pension Scheme and which is based on average building society interest rates.
Rate of contributions
3
1
Contributions shall be made by way of periodical deductions at the rate of 3% of the office-holder’s pension-capped salary for the time being as it becomes due throughout service in qualifying judicial office until the office-holder retires or has completed 20 years service in qualifying judicial office whichever occurs first.
2
Deductions shall be made by the responsible authority.
3
No contributions shall be required in respect of any period by which service is increased in accordance with the provisions of section 2(7)(c) and contributions shall be deemed to have been made during any such period.
4
Where an office holder is granted a contributions credit in accordance with regulation 4, he shall make contributions for such period of time (if any) which, when added to his contributions credit, equals 20 years.
Contributions credit
4
1
This regulation applies to any office-holder to whom Part I applies by virtue of section 1(1)(b), (c) or (d).
2
In this Regulation a person’s “pension-capped salary” for any period of 12 months is so much of his aggregate salary in that period as, within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap) does not exceed the permitted maximum for the relevant year of assessment, except that for any period before the year of assessment 1988 − 1989 the earnings cap shall be determined by reference to the table set out in the Schedule to these Regulations.
3
Where an office-holder has only a last existing scheme he shall be credited with a contributions credit calculated in accordance with the formula
( A / B ) × C
where —
a
A is the amount of contributions actually made into the last existing scheme;
b
subject to paragraph (5)(c), B is the amount of contributions that the office-holder would have made throughout the length of the notional service (ending on the last day of service while a member of the last existing scheme) at the rate of 3% of the pension-capped salary of the office-holder during his period of service while a member of the last existing scheme;
c
C is the notional service.
4
Where an office-holder has both a last existing scheme and one or more former schemes, he shall be credited with a contributions credit calculated in accordance with the formula
( A / B ) × C
where —
a
A is the total amount of the contributions made into the last existing scheme and any former scheme;
b
subject to paragraph (5)(c), B is the total amount of the contributions calculated in accordance with paragraph (3)(b) in respect of the last existing scheme and the contributions that the office-holder would have paid throughout the length of the notional service that relates to any former scheme (ending on the day immediately prior to the first day of service while a member of the last existing scheme) at the rate of 3% of the pension-capped salary of the office-holder during his period of service while a member of any former scheme;
c
C is the combined periods of notional service that relate to the existing scheme and any former scheme.
5
For the purposes of the calculations in paragraphs (3) and (4) —
a
the number of days in C shall be expressed in decimal form to four decimal places by dividing them by 365;
b
the decimal part of the product
( A / B ) × C
shall be converted back into days by multiplying it by 365;
c
where, in paragraphs (3)(b) and (4)(b), the length of notional service exceeds the length of service of the office-holder such that the office held had not yet been created, then, in respect of the excess period during which the office did not exist, the office-holder shall be deemed to have held the office which he held at the date his service commenced at the salary attributable to that office at that date.
6
The contributions credit arrived at by applying the formula shall be rounded up to the next full day.
Additional contributions
5
1
Subject to paragraph (3), where the contributions credit of an office-holder, calculated in accordance with regulation 4, is less than his notional service, he may, within 6 months of the date of transfer into the Part I scheme, elect by notice in writing to the responsible authority, to make additional contributions of 3%, 6%, 9% or 12% of his pension-capped salary in respect of that period of service for which contributions have not been credited.
2
Any election so made may be revoked or varied at any time by the office-holder by notice in writing to the responsible authority.
3
An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional contributions for a period equal in length to the period of service for which contributions have not been credited and for this purpose, for any period for which he has made additional contributions at a rate higher than 3%, he shall be treated as having made such payments for a correspondingly longer period as shown in the table below —
Additional annual contributions No. of years credit
3% 1 6% 2 9% 3 12% 4
4
Any election is subject to a maximum contributions limit of 15% of pension-capped salary and for this purpose there shall be taken into account any contributions being made in respect of any schemes constituted by the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 .
Contributions out of lump sum
6
1
In this regulation and in regulation 8, “notional date”, in relation to an office-holder, means the date at which the office-holder is assumed to have last ceased to have either a spouse or eligible children, being the date, counting back from the date of retirement, ascertained in accordance with the formula
D - ( D × E / F )
where —
a
D is the total of the notional service and the service of the office-holder in qualifying judicial office while a member of the scheme;
b
E is the actual period of time served by the office-holder while he had either a spouse or eligible children; and
c
F is the total period of service completed by the office-holder whilst a member of a judicial pension scheme.
2
Subject to paragraph (8), where an office-holder to whom Part I applies by virtue of section 1(1)(d) elects to transfer into the Part I scheme on retirement, any outstanding contributions calculated in accordance with paragraphs (4) or (5) as appropriate, shall be made out of his lump sum.
3
Subject to paragraph (8), where an office-holder to whom Part I applies by virtue of section 1(1)(b) or (d) dies in office or retires before discharging his contributions liability in respect of his relevant service or 20 years whichever is the less, the outstanding contribution, calculated in accordance with paragraphs (4) or (5) as appropriate, shall be made out of his lump sum.
4
Subject to paragraph (8), where an office-holder is unmarried at the date of retirement but during some period or periods of his service has had either a spouse or eligible children, the amount of the deduction from his lump sum shall be calculated in accordance with the formula
( ( G - H ) × P ) × 3%
where —
a
G is the length of service in years and days (expressed in years and fractions of a year) during which contributions would have been paid had the office-holder been a member of the Part I scheme throughout his service to the notional date;
b
H is the total of his contributions credit, and the contributions made into the Part I scheme, in years and days (expressed in years and fractions of a year); and
c
P is his pension-capped salary payable at the date of retirement.
5
Subject to paragraph (8), in any case where paragraphs (2) or (3) apply, other than that referred to in paragraph (4), the amount of the deduction from his lump sum shall be calculated in accordance with the formula
( ( G - H ) × P ) × 3%
where —
a
G is the total of the notional service and the actual length of service while a member of the Part I scheme;
b
H and P have the meanings given in paragraph (4).
6
Subject to paragraph (8), where an office-holder ceases to hold qualifying judicial office before the age at which his pension would normally become payable and is entitled to a preserved pension under an order made under section 141 of the Pension Schemes Act 1993 or section 137 of the Pension Schemes (Northern Ireland) Act 1993 , then, where J exceeds K, the amount of deduction from his lump sum shall be calculated in accordance with the formula
( L M × 20 ) - ( H × P ) × 3%
where —
a
J has the meaning given in paragraph (7);
b
K is the total of contributions actually paid into the last existing scheme, any former scheme and the Part I scheme, together with compound interest;
c
H and P have the meanings given in paragraph (4);
d
L is the preserved pension of the office-holder calculated in accordance with the Judicial Pensions (Preservation of Benefits) Order 1995 ; and
e
M is the maximum amount of pension to which the office-holder would have been entitled, being that payable in respect of 20 years service, based on the pension-capped salary by reference to which the preserved award has been calculated.
7
In paragraph (6), J is the amount of contributions the office-holder would have made, together with compound interest, at a rate of 3% of his pension capped salary from time to time during the period ascertained in accordance with the formula
N + LM ) × 20
where —
a
L and M have the meanings given in paragraph (6); and
b
N is the date his notional service began on the basis that such service ends on the day he leaves his last existing scheme.
8
An office-holder who has never had either a spouse or eligible children shall not be liable to make any contributions out of his lump sum.
Refund of contributions: office-holders to whom Part I applies by virtue of section 1(1)(a)
7
1
This regulation applies to office-holders to whom Part I applies by virtue of section 1(1)(a).
2
In this regulation, where periodical payments are to be refunded, they shall be refunded by the responsible authority to the office-holder, or, if he has died —
a
the person nominated by him for the purpose of section 4(3); or
b
in the default of nomination, to his personal representatives.
3
Periodical contributions made by an office-holder who is unmarried at the date of retirement and who at no time during his service has had a spouse or eligible children shall be refunded (subject to paragraph (6)) together with compound interest.
4
Where an office-holder is unmarried at the date of retirement, but during some period or periods of his service has had either a spouse or eligible children, periodical contributions shall, from the date on which he last ceased to have either a spouse or eligible children, (and subject to paragraph (6)) be refunded together with compound interest.
5
Where an office-holder ceases to hold qualifying judicial office in the circumstances mentioned in regulation 6(6) the excess contributions relating to the difference between the actual length of service in qualifying judicial office during which contributions have been paid and the reduced length of service by reference to which his pension is calculated in years and days (expressed in years and fractions of a year) shall be refunded (subject to paragraph (6)) together with compound interest.
6
The responsible authority shall, in making any refund in pursuance of this regulation, deduct the appropriate amount in respect of tax charged under section 598 of the Income and Corporation Taxes Act 1988 .
Refund of contributions: officers to whom Part I applies by virtue of section 1(1)(b), (c) or (d)
8
1
This regulation applies to office-holders to whom Part I applies by virtue of section 1(1)(b), (c) or (d).
2
Regulation 8(2) and (3) shall apply.
3
For the purposes of the formulae in paragraphs (4) to (9) of this regulation —
a
B is the contributions that would have been payable had the office-holder been a member of the Part I scheme, throughout the length of his notional service calculated in accordance with regulation 4(3)(b) or (4)(b) as appropriate together with compound interest;
b
J and K have the meanings given in regulation 6(6);
c
Q is the total of contributions that would have been paid had the office-holder been a member of the Part I scheme throughout his service until the notional date;
d
R is the total of contributions actually paid into the last existing scheme and any former scheme together with compound interest;
e
S is the contributions actually paid into the Part I scheme together with compound interest; and
f
T is the notional service.
4
Where an office-holder is unmarried at the date of retirement but —
a
during some period or periods of his service has had either a spouse or eligible children; and
b
the total of his contributions credit and actual contributions made into the Part I scheme exceeds the total of his notional service and actual period served while a member of the Part I scheme,
periodical contributions made since the notional date shall be refunded (subject to paragraph (10)) in accordance with the formula J − Q.
5
Where the circumstances mentioned in paragraph (4)(a) apply but the total of the office-holder’s contributions credit and actual contributions made into the Part I scheme is less than the total of his service credit and actual period served in the Part I scheme then, where Q is less than the total of the office-holder’s contributions credit and actual contributions into the Part I scheme, the amount to be refunded (subject to paragraph (10)) shall be calculated in accordance with the formula J − Q.
6
Where an office-holder ceases to hold qualifying judicial office in the circumstances mentioned in regulation 6(6) and J exceeds K the excess contributions referred to shall be refunded (subject to paragraph (10)) in accordance with the formula J− K.
7
Where Part I applies to an office-holder by virtue of section 1(1)(d) whose election to transfer into the scheme constituted under Part I takes effect on death or retirement and whose contribution credit exceeds his notional service, there shall be refunded (subject to paragraph (10)) the value of the excess to be calculated in accordance with the formula R − B.
8
Where Part I applies to an office-holder by virtue of section 1(1)(b), the total of whose contributions credit and actual contributions made into the Part I scheme exceeds, on death or retirement, the total of his notional service and actual service completed while a member of the Part I scheme, there shall be refunded (subject to paragraph (10)) the value of the excess to be calculated in accordance with the formula J − (B + S).
9
Where the contributions credit exceeds 20 years in any case, other than that referred to in paragraphs (7) and (8) and, on death or retirement, a pension is awarded under Part 1, there shall (subject to paragraph (10)) be refunded the value of the excess to be calculated in accordance with the formula
R - B T × 20.
10
The responsible authority shall, in making any refund in pursuance of this regulation, deduct the appropriate amount in respect of tax charged under section 598 of the Income and Corporation Taxes Act 1988.
Lord Chancellor
9
1
This regulation applies to any office-holder who is appointed to qualifying judicial office on or after the appointed day who previously held the office of Lord Chancellor.
2
Where an office-holder elects, at the date of retirement, to take the pension awarded to him on ceasing to hold the office of Lord Chancellor under the Lord Chancellor’s Pension Act 1832 he shall have any contributions made while in qualifying judicial office refunded together with compound interest.
3
Where an office-holder is appointed to qualifying judicial office for the first time after holding the office of Lord Chancellor, the contributions credit shall be calculated in accordance with regulation 4(3) except that —
a
the notional service shall be the actual period or periods of service as Lord Chancellor in years and days (expressed in years and fractions of years as appropriate); and
b
for the purposes of B the length of notional service shall end on the day immediately prior to the date on which the scheme constituted under Part I begins to apply to the office-holder.
4
Where an office-holder had service in qualifying judicial office prior to his appointment as Lord Chancellor and is subsequently re-appointed to a qualifying judicial office under Part I, the service credit in respect of the previous office or offices shall be calculated in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 and the contributions credit shall be calculated in accordance with regulation 4(4).
5
Where the contributions credit exceeds 20 years, and, on retirement, a pension is awarded under Part I, there shall be refunded (subject to regulation 8(10)) the value of the excess, calculated in accordance with the formula
U - B V × 20
where —
a
U is the contributions actually made into the last existing scheme and any former scheme and those made while holding the office of Lord Chancellor together with compound interest;
b
B has the meaning given in regulation 8(3) as amended by paragraph (3)(b) above; and
c
V is the notional service ascertained on the same basis as in paragraphs (3)(a) or (4) as appropriate.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
We concur
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
1
This Order may be cited as the Wireless Telegraphy (Isle of Man) Order 1995 and shall come into force on 8th March 1995.
2
The Wireless Telegraphy (Isle of Man) Order 1981 shall be varied as follows, that is to say —
a
in article 2 for “7, 9 to 12” there shall be substituted “9, 10, 12”; and
b
in the Schedule, paragraphs 1 and 3 are hereby revoked.
3
1
Part VI and sections 102, 106(4) and (5) and 109(6) of, Schedule 3 to and Part IV of Schedule 7 to the Telecommunications Act 1984 shall extend to the Isle of Man subject to the exceptions, adaptations and modifications specified in Part I of the Schedule to this Order.
2
Sections 168 to 173 of and Schedule 16 to the Broadcasting Act 1990 shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in Part II of the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Homewood National Health Service Trust Dissolution Order 1995 and shall come into force on 1st April 1995.
Dissolution of NHS trust
2
The Homewood National Health Service Trust established by the Homewood National Health Service Trust (Establishment) Order 1990 is hereby dissolved and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th March 1995