text:
Citation and commencement
1
These Regulations may be cited as the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 and shall come into force on 1 April 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1995 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 ;
“accident” includes
an act of non-consensual physical violence done to a person at work; and
an act of suicide which occurs on, or in the course of the operation of, a relevant transport system;
“approved” means approved for the time being in writing for the purposes of these Regulations by the Executive and published in such form as the Executive considers appropriate;
“biological agent” has the meaning assigned to it by regulation 2(1) of the Control of Substances Hazardous to Health Regulations 1994 ;
“construction site” means any place where there are carried out building operations or works of engineering construction such that those operations or works fall within section 127(1) of the Factories Act 1961 ;
“dangerous occurrence” means an occurrence which arises out of or in connection with work and is of a class specified in —
paragraphs 1 — 17 of Part I of Schedule 2;
paragraphs 18 — 21 of Part I of Schedule 2 and takes place elsewhere than at an offshore workplace;
paragraphs 22 — 40 of Part II of Schedule 2 and takes place at a mine;
paragraphs 41 — 48 of Part III of Schedule 2 and takes place at a quarry;
paragraphs 49 — 72 of Part IV of Schedule 2 and takes place where a relevant transport system is operated (other than at a factory, dock, construction site, mine or quarry); or
paragraphs 73 — 83 of Part V of Schedule 2 and takes place at an offshore workplace;
“disease” includes a medical condition;
“diving contractor” and “diving operation” have the meaning assigned to them by the Diving Operations at Work Regulations 1981 ;
“dock” means any place to which section 125(1) of the Factories Act 1961 applies;
“the Executive” means the Health and Safety Executive;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961;
“guided transport system” means a system using a mode of guided transport prescribed under regulation 3 of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 ;
“major injury” means an injury or condition specified in Schedule 1;
“mine” or “quarry” means a mine or, as the case may be, a quarry within the meaning of section 180 of the Mines and Quarries Act 1954 and for the purposes of these Regulations includes a closed tip within the meaning of section 2(2)(b) of the Mines and Quarries (Tips) Act 1969 which is associated with that mine or that quarry;
“offshore installation” has the meaning assigned to it by article 4(2) of the 1995 Order but excluding the fixed structures specified in article 4(2)(a) of that Order;
“offshore workplace” means any place where activities are carried on or any premises such that prescribed provisions of the 1974 Act are applied to those activities or premises by virtue of articles 4, 5 or 6 of the 1995 Order, and for this purpose those articles shall be deemed to apply to activities or premises within Great Britain which are in tidal waters or on the foreshore or other land intermittently covered by such waters as they apply to activities and premises within territorial waters or a designated area;
“operator”, in relation to a vehicle to which paragraph 16 or 17 of Part I of Schedule 2 applies, means —
a person who holds an operator’s licence (granted under Part V of the Transport Act 1968) for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the `operator' shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph `holding company' and `subsidiary company' have the same meanings as in the said Regulations of 1984; or
where no such licence is held —
(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, or
(in the case of any other vehicle) the keeper of the vehicle; and for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper;
but where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(i) above uses that vehicle for the carriage of any dangerous substance on behalf of his employer, that employer shall (notwithstanding that sub-paragraph) be regarded as the operator of the vehicle concerned;
“owner” means —
in relation to a mine or quarry, the person who is for the time being entitled to work it;
in relation to a pipeline, the person who is for the time being entitled to control the flow of anything through that pipeline or through that pipeline once it is commissioned;
“passenger train” means a train carrying passengers or made available for the carriage of passengers;
“pipeline” and “pipeline works” have the meaning assigned to them by article 6(2) of the 1995 Order;
“railway” has the meaning assigned to it by section 67 of the Transport and Works Act 1992 ;
“relevant transport system” means a railway, tramway, trolley vehicle system or guided transport system;
“responsible person” means —
in the case of —
a mine, the manager of that mine;
a quarry, the owner of that quarry;
a closed tip, the owner of the mine or quarry with which that tip is associated;
an offshore installation (otherwise than in the case of a disease reportable under regulation 5), the duty holder for the purposes of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 provided that for the purposes of this provision regulation 3(2)(c) of those Regulations shall be deemed not to apply;
a dangerous occurrence at a pipeline (being an incident to which paragraph 14(a) — (f) of Part I of Schedule 2 applies), the owner of that pipeline;
a dangerous occurrence at a well, the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by the well or, where no such person has been appointed, the concession owner (and for this purpose “concession owner” means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at any time, the well is, or is to be, used in the exercise of that right);
a diving operation (otherwise than in the case of a disease reportable under regulation 5), the diving contractor;
a vehicle to which paragraph 16 or 17 of Part I of Schedule 2 applies, the operator of the vehicle;
(where sub-paragraph (a) above does not apply) in the case of the death of or other injury to an employee reportable under regulation 3 or of a disease suffered by an employee reportable under regulation 5, his employer; and
in any other case, the person for the time being having control of the premises in connection with the carrying on by him of any trade, business or other undertaking (whether for profit or not) at which, or in connection with the work at which, the accident or dangerous occurrence reportable under regulation 3, or case of disease reportable under regulation 5, happened;
“road” has the meaning assigned to it by section 192(1) of the Road Traffic Act 1988 ;
“road vehicle” means any vehicle, other than a train, on a road;
“running line” means any line which is not a siding and is ordinarily used for the passage of trains;
“train” includes a reference to a locomotive, tramcar or other power unit and to a vehicle used on a relevant transport system;
“tramway” has the meaning assigned to it by section 67 of the Transport and Works Act 1992 ;
“trolley vehicle system” has the meaning assigned to it by section 67 of the Transport and Works Act 1992;
“well” includes any structures and devices on top of a well;
2
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears; and
c
an accident or a dangerous occurrence which arises out of or in connection with work shall include a reference to an accident, or as the case may be, a dangerous occurrence attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of the premises so used or any part of them.
3
For the purposes of these Regulations, a person who is at an offshore workplace shall be deemed to be at work at all times when he is at that workplace in connection with his work.
Notification and reporting of injuries and dangerous occurrences
3
1
Subject to regulation 10, where —
a
any person dies as a result of an accident arising out of or in connection with work;
b
any person at work suffers a major injury as a result of an accident arising out of or in connection with work;
c
any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury;
d
any person not at work suffers a major injury as a result of an accident arising out of or in connection with work at a hospital; or
e
there is a dangerous occurrence,
the responsible person shall —
i
forthwith notify the relevant enforcing authority thereof by the quickest practicable means; and
ii
within 10 days send a report thereof to the relevant enforcing authority on a form approved for the purposes of this sub-paragraph, unless within that period he makes a report thereof to the Executive by some other means so approved.
2
Subject to regulation 10, where a person at work is incapacitated for work of a kind which he might reasonably be expected to do, either under his contract of employment, or, if there is no such contract, in the normal course of his work, for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days) because of an injury resulting from an accident arising out of or in connection with work (other than one reportable under paragraph (1)), the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority on a form approved for the purposes of this regulation, unless within that period he makes a report thereof to the Executive by some other means so approved.
Reporting of the death of an employee
4
Subject to regulation 10, where an employee, as a result of an accident at work, has suffered an injury reportable under regulation 3 which is a cause of his death within one year of the date of that accident, the employer shall inform the relevant enforcing authority in writing of the death as soon as it comes to his knowledge, whether or not the accident has been reported under regulation 3.
Reporting of cases of disease
5
1
Subject to paragraphs (2) and (3) and to regulation 10, where —
a
a person at work suffers from any of the occupational diseases specified in column 1 of Part I of Schedule 3 and his work involves one of the activities specified in the corresponding entry in column 2 of that Part; or
b
a person at an offshore workplace suffers from any of the diseases specified in Part II of Schedule 3,
the responsible person shall forthwith send a report thereof to the relevant enforcing authority on a form approved for the puposes of this regulation, unless he forthwith makes a report thereof to the Executive by some other means so approved.
2
Paragraph (1) shall apply only if —
a
in the case of an employee, the responsible person has received a written statement prepared by a registered medical practitioner diagnosing the disease as one of those specified in Schedule 3; or
b
in the case of a self-employed person, that person has been informed, by a registered medical practitioner, that he is suffering from a disease so specified.
3
In the case of a self-employed person, it shall be a sufficient compliance with paragraph (1) if that person makes arrangements for the report to be sent to the relevant enforcing authority by some other person.
Reporting of gas incidents
6
1
Whenever a conveyor of flammable gas through a fixed pipe distribution system, or a filler, importer or supplier (other than by means of retail trade) of a refillable container containing liquefied petroleum gas receives notification of any death or any major injury which has arisen out of or in connection with the gas distributed, filled, imported or supplied, as the case may be, by that person, he shall forthwith notify the Executive of the incident, and shall within 14 days send a report of it to the Executive on a form approved for the purposes of this regulation.
2
Whenever an employer or self-employed person who is a member of a class of persons approved by the Executive for the purposes of paragraph (3) of regulation 3 of the Gas Safety (Installation and Use) Regulations 1994 has in his possession sufficient information for it to be reasonable for him to decide that a gas fitting as defined in the said Regulations or any flue or ventilation used in connection with that fitting, by reason of its design, construction, manner of installation, modification or servicing, is or has been likely to cause death, or any major injury by reason of —
a
accidental leakage of gas;
b
inadequate combustion of gas; or
c
inadequate removal of the products of combustion of gas,
he shall within 14 days send a report of it to the Executive on a form approved for the purposes of this regulation, unless he has previously reported such information.
3
Nothing shall be reportable —
a
under this regulation if it is notifiable or reportable elsewhere in these Regulations;
b
under paragraph (2) in relation to any gas fitting, flue or ventilation undergoing testing or examination at a place set aside for that purpose.
4
In this regulation “liquefied petroleum gas” means commercial butane (that is, a hydrocarbon mixture consisting predominantly of butane, butylene or any mixture thereof) or commercial propane (that is, a hydrocarbon mixture consisting predominantly of propane, propylene or any mixture thereof) or any mixture of commercial butane and commercial propane.
Records
7
1
The responsible person shall keep a record of —
a
any event which is required to be reported under regulation 3, which shall contain the particulars specified in Part I of Schedule 4;
b
any case of disease required to be reported under regulation 5(1), which shall contain the particulars specified in Part II of Schedule 4; and
c
such other particulars as may be approved by the Executive for the purpose of demonstrating that any approved means of reporting under regulations 3 or 5(1) has been complied with.
2
Any record of deaths, injuries at work or disease which the responsible person keeps for any other purpose shall, if it covers the injuries recordable under these Regulations and includes the particulars specified in Schedule 4, be sufficient for the requirements of paragraph (1).
3
The record referred to in paragraph (1) shall be kept either at the place where the work to which it relates is carried on or at the usual place of business of the responsible person and an entry in such a record shall be kept for at least three years from the date on which it was made.
4
The responsible person shall send to the relevant enforcing authority such extracts from the record required to be kept under paragraph (1) as that enforcing authority may from time to time require.
Additional provisions relating to mines and quarries
8
The provisions of Schedule 5 (which contains additional provisions relating to mines and quarries) shall have effect.
Additional provisions relating to offshore workplaces
9
The provisions of Schedule 6 (which contains additional provisions relating to offshore workplaces) shall have effect.
Restrictions on the application of regulations 3, 4 and 5
10
1
The requirements of regulation 3 relating to the death or injury of a person as a result of an accident shall not apply to an accident causing death or injury to a person arising out of the conduct of any operation on, or any examination or other medical treatment of, that person which is administered by, or conducted under the supervision of, a registered medical practitioner or a registered dentist (and for the purposes of this paragraph a registered dentist has the meaning assigned to it by section 53(1) of the Dentists Act 1984 ).
2
The requirements of regulations 3 and 4 relating to the death or injury of a person as a result of an accident, shall apply to an accident arising out of or in connection with the movement of a vehicle on a road only if that person —
a
was killed or suffered an injury as a result of exposure to a substance being conveyed by the vehicle; or
b
was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work connected with the loading or unloading of any article or substance onto or off the vehicle; or
c
was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of —
i
the road or the markings or equipment thereon;
ii
the verges, fences, hedges or other boundaries of the road;
iii
pipes or cables on, under, over or adjacent to the road; or
iv
buildings or structures adjacent to or over the road; or
d
was killed or suffered an injury as a result of an accident involving a train.
3
The requirements of regulations 3, 4 and 5 relating to any death, injury or case of disease shall not apply to a member of the armed forces of the Crown or of a visiting force who was on duty at the relevant time (and for the purposes of this paragraph a visiting force has the meaning assigned to it by section 12(1) of the Visiting Forces Act 1952 ).
4
Regulations 3, 4 and 5 shall not apply otherwise than in respect of offshore workplaces to anything which is required to be notified under any of the enactments or instruments specified in Schedule 7.
5
Regulation 3(1)(i) shall not apply to a self-employed person who is injured at premises of which he is the owner or occupier, but regulation 3(1)(ii) shall apply to such a self-employed person (other than in the case of death) and it shall be sufficient compliance with that sub-paragraph if that self-employed person makes arrangements for the report to be sent to the relevant enforcing authority by some other person.
Defence in proceedings for an offence contravening these Regulations
11
It shall be a defence in proceedings against any person for an offence under these Regulations for that person to prove that he was not aware of the event requiring him to notify or send a report to the relevant enforcing authority and that he had taken all reasonable steps to have all such events brought to his notice.
Extension outside Great Britain
12
These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the 1995 Order as they apply within Great Britain.
Certificates of exemption
13
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person or class of persons from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Repeal and amendment of provisions in the Regulation of Railways Act 1871, the Railway Employment (Prevention of Accidents) Act 1900 and the Transport and Works Act 1992
14
1
Section 6 (Companies to make returns of accidents to Board of Trade) of the Regulations of Railways Act 1871 , section 13(2) of the Railway Employment (Prevention of Accidents) Act 1900 and sections 43 (Accidents etc.) and 44 (Accidents etc : consequential amendments) of the Transport and Works Act 1992 are hereby repealed.
2
The Regulation of Railways Act 1871 shall be amended as follows: —
a
in section 2 (Interpretation) there shall be added at the end the words “The term `relevant transport system' has the meaning assigned to it by regulation 2 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.”;
b
in section 7 (Inquiry into accidents and formal investigation in serious cases) for the words “accident, of which notice is for the time being required by or in pursuance of this Act to be sent to the Board of Trade” there shall be substituted the words “accident or occurrence which arises from the operation of a relevant transport system and which is required to be reported by regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995”;
c
in section 7, after the word “accident”, in each place where it subsequently occurs, there shall be added the words “or occurrence”;
d
in section 8 (Appointment of an assessor to coroner) for the words “accident, of which notice for the time being is required by or in pursuance of this Act to be sent to the Board of Trade”there shall be substituted the words
accident or occurrence —
which arises from the operation of a relevant transport system, and
which is required to be reported under regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995,
; and
e
in section 8, after the word “accident”, in the second place where it occurs, there shall be inserted the words “or occurrence”.
Revocations, amendments and savings
15
1
The instruments specified in column 1 of Part I of Schedule 8 are hereby revoked to the extent specified in the corresponding entries in column 3 of that Part.
2
The instruments specified in Part II of Schedule 8 are hereby amended to the extent specified in that Part.
3
Any record or register required to be kept under any instrument revoked by these Regulations, shall be kept in the same manner and for the same period as if these Regulations had not been made.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
6th December 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Electricity Supply Industry (Rateable Values) (Amendment) Order 1995 and shall come into force on 1st April 1995.
2
In this Order, the “ 1994 Order ” means the Electricity Supply Industry (Rateable Values) Order 1994 .
Interpretation of the 1994 Order
2
There shall be substituted for the definition of “standard formula” in article 7 of the 1994 Order the following —
“T” and “U” in relation to a class of English hereditaments or a class of Welsh hereditaments mean, respectively, the amount specified in the Schedule in relation to that class and the recalculation factor applicable to that class in respect of the relevant year.
.
Rateable values
3
1
There shall be substituted for article 8 of the 1994 Order the following —
8
1
Paragraphs 2 to 2B of Schedule 6 to the Act shall not apply in respect of any class of English hereditaments or any class of Welsh hereditaments in any year beginning on or after 1st April 1995.
2
In the case of each class of English hereditaments and each class of Welsh hereditaments, other than those listed in paragraph A of Part I and paragraph A of Part II of the Schedule, its rateable value shall be —
a
in the year beginning on 1st April 1995, the amount specified in relation to it in the Schedule; and
b
in any year beginning on or after 1st April 1996, the amount produced in accordance with the formula T + U.
.
2
After article 8 of the 1994 Order there shall be inserted the following —
National Power PLC and PowerGen plc
8A
1
In this article —
V is the amount produced in accordance wth the formula £12,810 (C – E);
C is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by National Power PLC or PowerGen plc, as the case may be, in England or in Wales, as the case may be; and
E is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by National Power PLC or PowerGen plc, as the case may be, in England or in Wales, as the case may be, estimated as at 12th December 1994.
2
In the case of each class of English hereditaments and each class of Welsh hereditaments occupied by National Power PLC or PowerGen plc, its rateable value —
a
in the year beginning on 1st April 1995,
i
if V is 0, shall be T; or
ii
if V is greater or less than 0, shall be calculated in accordance with the formula T + V; and
b
in any year beginning on or after 1st April 1996, shall be calculated in accordance with the formula T + V + U.
Nuclear Electric plc
8B
1
In this article —
W is the amount produced in accordance with the formula £18,000 (F – G);
F is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by Nuclear Electric plc in England or in Wales, as the case may be; and
G is the total declared net capacity as at 31st March 1995 of generating plant in or on the hereditaments occupied by Nuclear Electric plc in England or in Wales, as the case may be, estimated as at 12th December 1994.
2
In the case of each class of English hereditaments and each class of Welsh hereditaments occupied by Nuclear Electric plc, its rateable value —
a
in the year beginning on 1st April 1995,
i
if W is 0, shall be T; or
ii
if W is greater or less than 0, shall be calculated in accordance with the formula T + W; and
b
in any year beginning on or after 1st April 1996, shall be calculated in accordance with the formula T + W + U.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
30th March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th March 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Schools Conducted by Education Associations) (Amendment) Regulations 1995 and shall come into force on 6th February 1995.
Amendment of Regulations
2
1
The Education (Schools Conducted by Education Associations) Regulations 1993 are amended as follows.
2
In regulation 1(2), in the definition of “the relevant provisions of Part II of the Act”, after “Schedule 4” there are inserted the words “(other than paragraph 2)”.
3
For regulation 4A there is substituted the following regulation —
4A
1
Paragraph (2) below applies in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date.
2
Parts I and III of the Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993 shall have effect as those Regulations have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the substitution in regulation 7(1)(d) for the reference to the school becoming grant-maintained of a reference to the school beginning to be conducted by the education association.
4
In the second column of Schedule 3 —
a
opposite the entry in the first column relating to section 35 of the Education Act 1993 there are inserted at the beginning the words “At the beginning there are inserted the words “Paragraphs 1 and 3 to 7 of”,”; and
b
opposite the entry in the first column relating to Schedule 4 to that Act —
i
for “paragraphs 1 to 5” there is substituted “paragraphs 1, 3 to 5”;
ii
the word “and” where it last appears is omitted; and
iii
at the end there are added the words “and in paragraph 6(1) for the words “by or under paragraphs 2 to 5 above” there are substituted the words “by or under paragraphs 3 to 5 above or by paragraph 1(1)(a) or (b) of Schedule 12 to this Act”.”.
3
1
The Education (Special Schools Conducted by Education Associations) Regulations 1994 are amended as follows.
2
For regulation 4 there is substituted the following regulation —
4
1
Paragraph (2) below applies in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a maintained special school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date.
2
Parts I and III of the Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993 shall have effect as those Regulations have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the substitution in regulation 7(1)(d) for the reference to the school becoming grant-maintained of a reference to the school beginning to be conducted by the education association.
3
In the second column of Schedule 1 —
a
opposite the entry in the first column relating to section 35 of the Education Act 1993 there are inserted at the beginning the words “At the beginning there are inserted the words “Paragraphs 1 and 3 to 7 of”,”; and
b
opposite the entry in the first column relating to Schedule 4 to that Act —
i
for “paragraphs 1 to 5” there is substituted “paragraphs 1, 3 to 5”;
ii
the word “and” where it last appears is omitted; and
iii
at the end there are added the words “and in paragraph 6(1) for the words “by or under paragraphs 2 to 5 above” there are substituted the words “by or under paragraphs 3 to 5 above or by paragraph 1 (1) (a) or (b) of Schedule 12 to this Act”.”.
Gillian Shephard
Secretary of State for Education
15th January 1995


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995, and shall come into force on 21st March 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6. 7. 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetable reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service.
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the London Borough of Richmond upon Thames (Waiting and Loading Restrictions) Order 1994, the Wandsworth (Waiting and Loading Restrictions) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the London Borough of Richmond upon Thames (Waiting and Loading Restrictions) Order 1994, the Wandsworth (Waiting and Loading Restrictions) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th January 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (England and Wales) (Amendment) Regulations 1995, shall apply to England and Wales and shall come into force on 23rd October 1995.
Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985
2
1
The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 shall be amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) —
a
in paragraph (1) for the definition of “the Directive”, there shall be substituted the following:
“the Directive” means Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species , as amended by —
Council Directive 90/120/EEC ;
Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market ; and
Council Directive 93/60/EEC , which extends the scope of Council Directive 88/407/EEC to cover fresh bovine semen;
;
b
after paragraph (2) there shall be added —
3
Any reference in these Regulations to the Schedule is a reference to the Schedule to these Regulations.
.
3
In regulation 14 (movement of semen from a processing centre), in paragraph (1) after sub-paragraph (d) there shall be added —
, or
e
in the case of semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule —
i
direct to a supply centre; or
ii
to a farm holding a form storage licence.
.
4
For regulation 18 (acceptance of semen for storage) there shall be substituted the following —
18
No person shall accept semen for storage unless either —
a
the semen —
i
is deilvered to him at a storage facility, and
ii
comes from another storage facility under the provisions of regulation 20(a)(i), 20(b)(i), 20(b)(ii) or 20(c)(i), or is imported into Great Britain under a licence issued under regulation 3(1) of the Importation of Bovine Semen Regulations 1984 ; or
b
the semen is frozen semen imported into Great Britain in accordance with the provisions of the Animals and Animal Products (Import and Export) Regulations 1995 , or any Regulations which they supersede, or in accordance with the provisions of the Products of Animal Origin (Import and Export) Regulations 1992 ; or
c
he is the holder of a farm storage licence and the semen —
i
is delivered from the supply centre specified in that licence to him at a building specified in that licence; or
ii
is transferred to him or his agent at a semen shop, or
iii
is collected by or delivered to him in accordance with the conditions of a special farm storage movement licence, or
iv
is semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule and which is delivered to him directly from a processing cemtre.
.
5
In regulation 21 (acceptance of semen for supply) after paragraph (b) there shall be added —
; or
c
in the case of semen which is not frozen but which has been processed in accordance with the requirements set out in the Schedule —
i
it is delivered directly from a processing centre; or
ii
it is imported into Great Britain in accordance with the provisions of the Animals and Animal Products (Import and Export) Regulations 1995, or any Regulations which they supersede, or in accordance with the Products of Animal Origin (Import and Export) Regulations 1992.
.
6
In regulation 24 (general prohibition on use of semen) for paragraph (a) there shall be substituted the following —
a
that semen has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these Regulations, or from a processing centre from which the semen was moved in accordance with the provisions of these Regulations, or in accordance with the conditions of a special movement licence, and
.
7
There shall be added the Schedule which is set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
29th September 1995
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
25th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Royal National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th August 1995.
2
In this Order —
“the Authority” means the Gloucestershire Health Authority;
“the Trust” means the Gloucestershire Royal National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th July 1995


text:
1
These Regulations may be cited as the Insurance Companies (Pension Business) (Transitional Provisions) (Amendment) Regulations 1995 and shall come into force on 31st December 1995.
2
In regulation 4 of the Insurance Companies (Pensions Business) (Transitional Provisions) Regulations 1992 for paragraph (4) there shall be substituted the following paragraphs —
4
The prescribed percentage is 10 per cent. for an accounting period ending after 31st December 1994 and before 1st January 1996.
5
Subject to paragraphs (2) to (4) above, the prescribed percentage is 7.5 per cent.
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
5th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trafford Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th March 1995.
2
In this Order —
“the Authority” means the Salford and Trafford Health Authority;
“the Trust” means the Trafford Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 5th December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th February 1995


text:
1
1
This Order may be cited as the Magistrates' Courts Committees (Gwent, Mid Glamorgan and South Glamorgan) Amalgamation Order 1995 and shall come into force for the purposes of articles 2 and 4 on 1st April 1996 and for all other purposes on 30th September 1995.
2
Any reference in this Order to a preserved county or county borough shall be construed in accordance with the Local Government Act 1972 as amended by the Local Government (Wales) Act 1994 .
2
The magistrates' courts committees for the three areas of Gwent, Mid Glamorgan and South Glamorgan shall be abolished.
3
There shall be constituted as a body corporate two new magistrates' courts committees which shall be known as the Gwent magistrates' courts committee (or in Welsh as Pwyllgor Llysoedd Ynadon Gwent) and the South Wales magistrates' courts committee (or in Welsh as Pwyllgor Llysoedd Ynadon De Cymru).
4
1
The area of the Gwent magistrates' courts committee shall consist of —
a
the preserved county of Gwent, together with
b
so much of the county borough of Caerphilly as falls within the preserved county of Mid Glamorgan.
2
The area of the South Wales magistrates' courts committee shall consist of the preserved counties of Mid Glamorgan and South Glamorgan, excluding so much of the county borough of Caerphilly as falls within the preserved county of Mid Glamorgan.
5
The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of articles 2 and 3 of this Order.
Mackay of Clashfern, C.
Dated 6th September 1995


text:
1
This Order may be cited as the Airport Byelaws (Designation) Order 1995 and shall come into force on 19th October 1995.
2
Barra-Traigh Mhor airport is hereby designated for the purposes of section 63 of the Airports Act 1986.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
21st September 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 and shall come into force on 20th March 1995.
2
In these Regulations —
“Annex II ” and “Annex III ” mean respectively Annex II and Annex III to the Directive;
“approved manufacturer” in relation to a medicinal substance means a manufacturer who —
holds a manufacturing authorisation which permits him to manufacture that substance for inclusion in an authorised medicinal product; or
is permitted under the Directive to manufacture that substance for incorporation in a medical device in respect of which an EC examination certificate has been issued by a notified body which has consulted the competent body;
“authorised medicinal product” means a medicinal product in respect of which there is —
a Community marketing authorisation granted by the European Commission under Council Regulation ( EEC ) No. 2309/93 ;
a United Kingdom marketing authorisation granted under the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
a product licence which is given effect as such a United Kingdom marketing authorisation by paragraph 1 of Schedule 6 to those Regulations; or
any other product licence, other than a product licence of right;
“competent body” means the body which, in the United Kingdom, is the competent authority established in accordance with Council Directive 65/65/EEC ; “consultation” means a consultation required either by paragraph 4.3 of Annex II or by paragraph 5 of Annex III;
“the Directive” means Council Directive 93/42/EEC ;
“EC examination certificate” means either an EC design-examination certificate within the meaning of paragraph 4.3 of Annex II or an EC type-examination certificate within the meaning of paragraph 5 of Annex III;
“fee” means a fee specified in, or determined under, regulation 3;
“incorporates” means incorporates as an integral part;
“manufacturing authorisation” has the same meaning as in Article 16 of Council Directive 75/319/EEC ;
“medical device” has the same meaning as in Article 1.2(a) of the Directive;
“medicinal substance” means a substance which, if used separately from a medical device, may be considered to be a medicinal product as defined in Article 1 of Council Directive 65/65/EEC ;
“new medicinal substance” means a medicinal substance which is not —
an authorised medicinal product for human use;
an ingredient or, as the case may be, the sole active ingredient of such a product; or
a substance which has been incorporated in a medical device in respect of which an EC examination certificate has been issued by a notified body which has consulted the competent body;
“notified body” has the same meaning as in Article 16 of the Directive;
“placed on the market” in relation to a medical device refers to the “placing on the market”, as defined in paragraph 2(h) of Article 1 of the Directive, of that device;
“product licence” has the same meaning as in section 7 of the Medicines Act 1968 ;
“product licence of right” means a product licence which is a licence of right within the meaning of section 25(4) of that Act;
“put into service” in relation to a medical device refers to the “putting into service”, as defined in paragraph 2(i) of Article 1 of the Directive, of that device.
3
In these Regulations “a further consultation” means a consultation by a notified body in relation to any medical device which —
a
may be placed on the market or put into service under an EC examination certificate which has been issued by that notified body after consultation with the competent body;
b
is the subject of proposed changes within paragraph 4.4 of Annex II or paragraph 6 of Annex III, as the case may be, which changes, if that device is to be placed on the market or put into service, may require the issue of a supplement to an EC examination certificate which has been issued by that notified body after consultation with the competent body; or
c
is of a similar design or type to a device which has been the subject of an unsuccessful application for an EC examination certificate where —
i
the person who made that unsuccessful application makes further application for an EC examination certificate to the notified body which determined that unsuccessful application; and
ii
within the relevant period that further application becomes the subject of consultation between that notified body and the competent body.
4
For the purposes of paragraph (3), the relevant period means the period of 5 years which starts on the first day on which the competent body was consulted in respect of the unsuccessful application in question or, if there has been more than one such application in any particular case, in respect of the first of them.
5
In these Regulations, unless the context requires otherwise, a reference to a numbered regulation is a reference to the regulation of these Regulations which is so numbered and a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which is so numbered.
Circumstances in which a fee is payable
2
1
Subject to paragraph (2), a notified body shall pay a fee in connection with the services and facilities provided by the Department of Health as the competent body in respect of any consultation in relation to the safety, quality and usefulness of a medicinal substance incorporated in a medical device if, in consequence of that consultation, the competent body is under a duty to express views to that notified body.
2
No fee shall be payable in respect of the first consultation in relation to the safety, quality and usefulness of a medicinal substance incorporated in a medical device for which a product licence is held.
Fees
3
1
Subject to regulation 2(2) and the following paragraphs of this regulation, in respect of a consultation in relation to a medical device which incorporates a medicinal substance manufactured by —
a
an approved manufacturer of that substance, the fee shall be £2,500;
b
any other manufacturer, the fee shall be £7,000.
2
Subject to the following paragraphs of this regulation, in respect of a further consultation in relation to a medical device which incorporates a medicinal substance manufactured by —
a
an approved manufacturer of that substance, the fee shall be £625;
b
any other manufacturer, the fee shall be £1,750.
3
Subject to regulation 2(2) and the following paragraphs of this regulation, in respect of a consultation in relation to a medical device which incorporates more than one medicinal substance, —
a
if each medicinal substance is manufactured by an approved manufacturer of that substance, the fee shall be £2,500;
b
if any of those medicinal substances is not manufactured by an approved manufacturer of that substance, the fee shall be £7,000.
4
Subject to the following paragraphs of this regulation, in respect of a further consultation in relation to a medical device which incorporates more than one medicinal substance, —
a
if each medicinal substance is manufactured by an approved manufacturer of that substance, the fee shall be £625;
b
if any of those medicinal substances is not manufactured by an approved manufacturer of that substance, the fee shall be £1,750.
5
Subject to paragraph (6), in respect of a consultation in relation to a medical device which incorporates any new medicinal substance —
a
where the competent body has not previously been consulted in relation to a medical device which incorporates that substance, the fee shall be £32,000;
b
where it has previously been so consulted, the fee shall be £8,000.
6
Subject to regulation 2(2), where the same notified body consults the competent body on the same occasion in relation to a number of devices which —
a
are of similar construction and are designed to perform similar functions;
b
incorporate medicinal substances of the same specification which are manufactured by the same manufacturer or manufacturers; and
c
do not incorporate any other medicinal substance;
the amount of the fee in respect of that consultation shall be equal to the amount of the fee which would, but for this paragraph, be payable under the preceding paragraphs of this regulation for a consultation in relation to one of those devices. Payment and recovery of fees
4
1
The fee shall be paid to the Secretary of State not later than the day on which a notified body consults the competent body.
2
All unpaid sums due on account of a fee shall be recoverable as debts due to the Crown.
Virginia Bottomley
Secretary of State for Health
22nd February 1995
We consent,
Andrew Mitchell
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 and shall come into force on 12th December 1995.
2
In these Regulations —
a
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
b
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ; and
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of the Adjudication Regulations
2
After paragraph (6) of regulation 63 of the Adjudication Regulations (review in income support cases) there shall be inserted the following paragraphs —
7
Where —
a
a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs), and
b
the conditions referred to in paragraph (8) are satisfied,
any reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of Schedule 3 to those Regulations shall not constitute a relevant change of circumstances for the purposes of section 25(1)(b) or (c) of the Administration Act.
8
The conditions are that the reduction in eligible capital occurs —
a
in the period between the date when housing costs are first met under Schedule 3 to the Income Support Regulations and the first anniversary of that date;
b
in the period between each subsequent anniversary of the date when the housing costs referred to in sub-paragraph (a) were first met.
9
Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations have been disregarded in relation to the determination or review of the claim and the conditions in paragraph (10) are satisfied, any change in the amount of interest payable, whether —
a
on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate, or
b
on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,
shall not constitute a relevant change of circumstances for the purposes of section 25(1)(b) or (c) of the Administration Act.
10
The conditions are that the change in the amount of interest payable occurs —
a
in the period between the date the disregarded payments are first made to the claimant and the date when housing costs are first met under paragraphs 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations,
b
in the period between the date when housing costs are first met under paragraphs 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations and the date of the first subsequent change in the standard rate,
c
in the period between the dates of each subsequent change in the standard rate.
11
In paragraph (10), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 3 to the Income Support Regulations.
.
Amendment of Schedule 9 to the Claims and Payments Regulations
3
In sub-paragraph (2A) of paragraph 3 of Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties), before “paragraph 18”in the first place where those words occur, there shall be inserted “paragraph 4(8) or (11) or”.
Amendment of regulation 3A of the Income Support Regulations
4
In paragraph (1) of regulation 3A of the Income Support Regulations (permitted period for cessation of entitlement to income support), “paragraph 7(10) of Schedule 3,”shall be omitted.
Amendment of Schedule 3 to the Income Support Regulations
5
1
Schedule 3 to the Income Support Regulations (housing costs) shall be amended in accordance with the following paragraphs.
2
In paragraph 1 (housing costs) —
a
in sub-paragraph (2), in the definition of “existing housing costs”, “to a third party” shall be omitted;
b
in head (b) of sub-paragraph (3), “who is a non-dependant but” shall be omitted.
3
In head (c) of sub-paragraph (11) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home), in part (x), for “from another”there shall be substituted “, or by a person”.
4
In paragraph 4 (housing costs not met) —
a
for sub-paragraph (4), there shall be substituted the following sub-paragraph —
4
The “relevant period” for the purposes of this paragraph is any period during which the person to whom the loan was made —
a
is entitled to income support, or
b
is living as a member of a family one of whom is entitled to income support,
together with any linked period, that is to say a period falling between two such periods of entitlement to income support separated by not more than 26 weeks.
;
b
in sub-paragraph (8), “new”shall be omitted;
c
in sub-paragraph (11), for “in accordance with this Schedule” there shall be substituted “by way of housing costs”.
5
In paragraph 6 (existing housing costs) —
a
in sub-paragraph (1), for “in receipt of” in both places where those words occur, there shall be substituted “entitled to”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the existing housing costs are first met and thereafter on each anniversary of that date.
.
6
In sub-paragraph (7) of paragraph 7 (transitional protection), after “2nd October 1995”, there shall be inserted “provided the claim is made not more than 12 weeks after the last day of entitlement to housing costs relating to a claim made by the person to whom sub-paragraph (6) applies”.
7
In paragraph 8 (new housing costs) —
a
in sub-paragraph (1), for “in receipt of” there shall be substituted “entitled to”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraph —
1A
For the purposes of sub-paragraph (1), the eligible capital for the time being owing shall be determined on the date the new housing costs are first met and thereafter on each anniversary of that date.
.
8
In paragraph 11 (general provisions applying to new and existing housing costs) —
a
sub-paragraph (1) shall be omitted;
b
in sub-paragraph (3), for “Sub-paragraphs (1) and (2) do” there shall be substituted “Sub-paragraph (2) does”;
c
after sub-paragraph (9) there shall be inserted the following sub-paragraphs —
10
Where in any case the amount for the time being specified for the purposes of sub-paragraph (5) is exceeded and there are two or more loans to be taken into account under either or both paragraphs 15 and 16, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.
11
For the purposes of sub-paragraph (10), the qualifying portion of a loan shall be determined by applying the following formula —
R × S T
where —
R
the amount for the time being specified for the purposes of sub-paragraph (4);
S
the amount of the outstanding loan to be taken into account;
T
the aggregate of all outstanding loans to be taken into account under paragraphs 15 and 16.
.
9
In paragraph 12 (the standard rate), sub-paragraph (4) shall be omitted.
10
In paragraph 14 (linking rule) —
a
after sub-paragraph (3) there shall be inserted the following sub-paragraph —
3A
Where, for the purposes of sub-paragraphs (1) and (3), a person is treated as being in receipt of income support, for a certain period, he shall be treated as being entitled to income support for the same period.
;
b
in sub-paragraph (5), for “less”there shall be substituted “more”;
c
after sub-paragraph (5), there shall be inserted the following sub-paragraphs —
5A
Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom paragraph 4 of Schedule 1 applies (persons with caring responsibilities not required to be available for employment) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.
5B
Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph —
a
is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;
b
is treated as not available for employment by virtue of regulation 10(1)(h) (circumstances in which students are not treated as available for employment);
c
is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).
;
d
in sub-paragraph (6) —
i
for “sub-paragraph (5) applies” there shall be substituted “sub-paragraphs (5) and (5A) apply”,
ii
for “sub-paragraph (5)” there shall be substituted “sub-paragraphs (5) and (5A)”,
iii
for “less” there shall be substituted “more”;
e
sub-paragraph (7) shall be omitted;
f
in sub-paragraph (9), for “in receipt of” in both places where those words occur, there shall be substituted “entitled to”.
11
In paragraph 18 (non-dependant deductions) —
a
in head (a) of sub-paragraph (1) —
i
after “any”, there shall be inserted “remunerative”,
ii
“for which payment is made or which is done in expectation of payment” shall be omitted;
b
in sub-paragraph (2), before “work” there shall be inserted “remunerative”;
c
in sub-paragraph (8), before “work” there shall be inserted “remunerative”.
Amendment of Schedule 9 to the Income Support Regulations
6
In head (d) of sub-paragraph (1) of paragraph 30 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings), for “that policy” there shall be substituted —
an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above;
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
14th November 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Calshot Oyster Fishery (Variation) Order 1995 and shall come into force on 31st May 1995.
2
In this Order “the principal Order ” means the Calshot Oyster Fishery Order 1982
Variation of the principal Order
2
1
The principal Order shall be varied in accordance with the following paragraphs of this article.
2
In article 3(1) (right of several fishery), for the words “for the period ending on 1st June 1995” there shall be substituted the words “for the period ending on 1st June 2005”.
3
In article 3(2), there shall be substituted for the area comprising the fishery so much of the area of the Solent in the vicinity of Calshot Spit as is shown coloured red, blue and green on the map (which shall be substituted for the definitive map) marked “Map referred to in the Calshot Oyster Fishery (Variation) Order 1995”, prepared in duplicate and sealed with the Minister’s official seal, one copy of which is available at the grantees' offices and the other at the offices of the Minister.
4
Articles 4A (control of deposits) and 4B (taking of samples for the purpose of disease control) shall be omitted.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
9th May 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 3) Regulations 1995 and shall come into force on 22nd January 1996, immediately following the coming into force of regulations 35, 41 and 57 of the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 .
2
In these Regulations–
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“the Miscellaneous Amendments (No. 2) Regulations ” means the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995.
Re-positioning of regulation 32B of the Maintenance Assessment Procedure Regulations
2
Regulation 32B of the Maintenance Assessment Procedure Regulations (notification of cancellation under paragraph 16(4A) of Schedule 1 to the Child Support Act 1991), which was inserted after regulation 32 of those Regulations by regulation 35 of the Miscellaneous Amendments (No. 2) Regulations shall, instead, be inserted after regulation 32A of the Maintenance Assessment Procedure Regulations.
Amendment of regulation 2 of the Maintenance Assessments and Special Cases Regulations
3
In paragraph (2) of regulation 2 of the Maintenance Assessments and Special Cases Regulations (calculation or estimation of amounts), for the words “regulation 8A(4)” there shall be substituted the words “regulation 8A(5)”.
Amendment of regulation 57 of the Miscellaneous Amendments (No. 2) Regulations
4
In paragraph (3) of regulation 57 of the Miscellaneous Amendments (No. 2) Regulations (transitional and consequential provisions), for the words “regulation 39, 41, 42(3) or (5), 45, 46 or 48” there shall be substituted the words “regulation 40, 42, 43(3) or (5), 46, 47 or 49”.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1995


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Government Changes for England (Finance) (Amendment) Regulations 1995 and shall come into force on 28th November 1995.
Amendment of Finance Regulations
2
1
The Local Government Changes for England (Finance) Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 46 (council tax: valuation lists and alteration of lists) —
a
in paragraph (1), there shall be deleted the words from “and such” to “that Act”; and
b
after paragraph (4), there shall be inserted the following —
5
A list sent in accordance with paragraph (4) shall constitute the valuation list of the authority for the purposes of Chapter II of Part I of the 1992 Act.
.
3
In regulation 53 (levy on disposals), for the word “designated” (in each place where it occurs) there shall be substituted the word “successor”.
4
After regulation 54 (grants and contributions) there shall be inserted the following —
Subsidy, contributions and financial assistance
54A
1
Any rights and duties of an abolished authority in respect of payments to or from the Secretary of State under any of the provisions specified in paragraph (2) shall, on or after the reorganisation date, be treated as the rights and duties of the designated authority.
2
The provisions are —
a
section 429 of the Housing Act 1985 (the improvement for sale scheme);
b
section 569 of that Act (contributions in respect of defective dwellings);
c
section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);
d
section 165(4) to (9) of that Act (which make provision in respect of slum clearance subsidy); and
e
section 169(6) to (8) of that Act (which make provision in respect of financial assistance towards services for owners and occupiers of houses).
3
For the purposes of paragraph (1), anything done by or in relation to the abolished authority in connection with the specified provisions shall be treated on and after the reorganisation date as if it had been done by or in relation to the designated authority.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
3rd November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1995 and shall come into force on 21st January 1996.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations 1987 —
i
from the first day of the benefit week which includes the 28th January 1996; or
ii
if the claim for income support is for a period beginning after the 28th January 1996, from the first day of the first benefit week commencing after that date;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 28th January 1996;
and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations .
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans) for the words “8.39 per cent.” there shall be substituted the words “8.00 per cent.”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
20th December 1995


text:
Commencement and citation
1
This Order may be cited as the A127 Trunk Road (Havering) Red Route (Clearway) Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted;
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article. The London Borough of Havering (Waiting and Loading) Order 1978 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Havering (Waiting and Loading) Order 1978 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Wolverhampton Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the Wolverhampton Health Authority;
“the Trust” means the Royal Wolverhampton 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 30th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th June 1995