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PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 and shall come into force on 14th March 1995.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“abolished authority” means a principal council which is or is to be wound up and dissolved by a section 17 order;
“council tax base”, in relation to any authority, means the amount calculated by the authority as its council tax base for a financial year in accordance with the relevant rules;
“investment” does not include any land held as an investment;
“relevant instrument” means a statutory instrument made under the Act or, in connection with the Act or such an instrument, under any other Act;
“relevant rules”, in relation to the council tax base for a financial year, means the rules for the time being effective as regards the financial year under regulations made by the Secretary of State under section 33(5) or, as the case may require, section 44(5) of the 1992 Act;
“the reorganisation date”, in relation to an authority, means the date (being 1st April in any year) which is specified as such in a section 17 order;
“the Residuary Body ” means the Local Government Residuary Body (England) ;
“section 17 order” means an order under section 17 of the Act; and
“successor authority”, in relation to an abolished authority, means —
where a section 17 order gives effect to a structural change, an authority to which any functions of the abolished authority are or are to be transferred on the reorganisation date; and
where such an order gives effect to a boundary change, an authority whose area, on and after that date, includes, or is to include, an area which, before that date, is the whole or any part of the area of the abolished authority.
2
In these Regulations —
a
any reference to a transferred area is a reference to an area in relation to which, immediately before the reorganisation date, a principal council (other than an abolished authority) (“the relinquishing authority”) exercises functions which, by virtue of a structural or boundary change effected by a section 17 order, it ceases to exercise on that date; and
b
any reference to the acquiring authority in relation to such an area is a reference to the authority which, by virtue of such a change, exercises or is to exercise those functions in relation to the area on and after that date.
3
Any reference in these Regulations to any rights or liabilities of an authority includes a reference to rights or liabilities acquired or incurred by any predecessor in title of the authority.
PART II
TRANSFER OF PROPERTY RIGHTS AND LIABILITIES
Application and interpretation of Part
3
1
This Part does not apply with respect to the transfer of —
a
any property, rights or liabilities for the transfer of which provision is made in the Local Government Changes for England (Finance) Regulations 1994 ;
b
any superannuation fund maintained by a principal council by virtue of regulations made under section 7 of the Superannuation Act 1972 ; or
c
any rights or liabilities of such a council in respect of such a fund.
2
In this Part —
“associated property”, in relation to any land of an abolished authority or, as the case may be, the relinquishing authority in relation to a transferred area, means —
property in or on the land which is used or intended to be used by the authority exclusively for the discharge of functions on the land;
property which is so used or intended to be so used and which is kept elsewhere when not in use;
investments or cash which relate exclusively to the land; or
records which relate exclusively to the land;
“charitable purposes” has the same meaning as in the Charities Act 1993 ;
“contract” includes any enforceable undertaking;
“the preliminary period”, in relation to an authority, means the period specified as such in a section 17 order;
“record” includes material in whatever form or medium which conveys or is capable of conveying information; and
“relevant shares” means shares held in a company which is under the control of a local authority within the meaning of section 68 of the 1989 Act (but with the omission of the words “unless the Secretary of State otherwise directs” in subsection (1) of that section); and “share” has the same meaning as in the Companies Act 1985 .
Information for facilitating implementation
4
1
This regulation has effect for the purpose of facilitating the implementation of these Regulations.
2
An abolished authority shall, within the relevant period, supply to any successor authority —
a
details of any relevant contract; and
b
all such information relating to the abolished authority’s property, rights or liabilities as the successor authority may reasonably request.
3
The relinquishing authority in relation to a transferred area shall, within the relevant period, supply to the acquiring authority in relation to that area —
a
details of any relevant contract in relation to which such rights or liabilities as are mentioned in paragraph (5)(a) of regulation 5 arise; and
b
all such information relating to any rights or liabilities so mentioned, or to property to which paragraph (6) of that regulation applies, as the acquiring authority may reasonably request.
4
Any person authorized in that behalf by a successor authority in relation to an abolished authority or, as the case may be, the acquiring authority in relation to a transferred area shall be entitled, at all reasonable times, on producing, if so required, evidence of his authority —
a
to inspect any record belonging to or under the control of the abolished authority or, as the case may be, the relinquishing authority which relates to any relevant contract, or any property, rights or liabilities, mentioned in paragraph (2) or (3) above; and
b
to take, or be supplied with, a copy of any such record or part of it.
5
The rights conferred by paragraph (4) above include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.
6
In this regulation —
“the final period” means the period of six weeks ending on the date immediately before the reorganisation date;
“relevant contract” means a contract entered into by an abolished authority or the relinquishing authority the period of which extends or may, under the terms of the contract, be extended beyond that date; and
“relevant period” means —
for the purposes of paragraph (2)(a) and (3)(a) above —
in a case where the relevant contract was entered into before the date on which the preliminary period begins, the period of 3 months beginning with that date;
in a case where the relevant contract is entered into on or after that date and before the beginning of the final period, the period of six weeks beginning with the date on which the contract is entered into; and
in a case where the relevant contract is entered into after the beginning of the final period, that period; and
for the purposes of paragraph (2)(b) or (3)(b) above —
in a case where the request for information is made before the beginning of the final period, the period of six weeks beginning with the date of the making of the request; and
in a case where the request is made after the beginning of the final period, that period; and
a reference to a successor authority includes, where there are two or more successor authorities in relation to an abolished authority, a reference to the Residuary Body.
Agreements for the transfer of property etc.
5
1
Nothing in this regulation applies to —
a
any investments of an authority which are not associated property or relevant shares;
b
any property held by an authority, as sole trustee, exclusively for charitable purposes;
c
any rights or liabilities of an authority in respect of such investments or such property; or
d
any rights or liabilities of an authority in respect of money borrowed by the authority.
2
Where there are two or more successor authorities in relation to an abolished authority, the successor authorities shall, during the preliminary period, use their best endeavours to make agreements which, subject to paragraph (3) below —
a
identify all the property, rights or liabilities of the abolished authority;
b
in relation to any property so identified, specify one of the successor authorities for the purposes of regulation 6(4);
c
in relation to any rights or liabilities so identified, specify one, or two or more, of the successor authorities for those purposes; and
d
in the case of any property mentioned in sub-paragraph (b) above which is land —
i
identify such, if any, of it as will not be required by any of them for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date; and
ii
provide for the distribution among all the successor authorities of receipts from its disposal in accordance with regulation 10.
3
An agreement pursuant to paragraph (2) above shall not specify different successor authorities in relation to —
a
any property identified in the agreement which forms part of a relevant collection; or
b
any rights or liabilities exclusively in respect of any such property;
and, for these purposes, “relevant collection” means —
i
any collection of archives or other records of general or local interest held as such by an abolished authority; or
ii
any collection of a museum or gallery provided or maintained by such an authority.
4
Where the successor authorities in relation to an abolished authority are unable to make an agreement under paragraph (2) above in respect of any relevant shares held by that authority, any of the successor authorities may, before the reorganisation date, serve on the other successor authorities a notice stating that a difference has arisen in respect of such of those shares as are specified in the notice.
5
The relinquishing authority and the acquiring authority in relation to a transferred area shall, during the preliminary period, use their best endeavours to make agreements which —
a
identify property of the relinquishing authority to which paragraph (6) below applies and any rights or liabilities acquired or incurred by that authority in respect of any such property or the exercise of any functions in or in relation to the transferred area;
b
in relation to any property so identified (other than property (“surplus land”) mentioned in sub-paragraph (b)(ii) of that paragraph), specify the acquiring authority for the purposes of paragraph (1) of regulation 8; and
c
in relation to any rights or liabilities so identified (other than rights or liabilities in respect of surplus land), specify that authority for those purposes or that authority and the relinquishing authority for the purposes of paragraph (3) of that regulation.
6
This paragraph applies to property —
a
which is situated in the transferred area or is held for the purposes of, or in connection with, the exercise of functions in or in relation to that area; and
b
which either
i
is required by the acquiring authority for the purposes of, or in connection with, the exercise of functions in or in relation to that area on and after the reorganisation date; or
ii
in the case of property which is land, is neither so required nor required by the relinquishing authority for the purposes of, or in connection with, the exercise of functions, on and after that date, in or in relation to its area.
7
Where the relinquishing authority and the acquiring authority in relation to a transferred area are unable to make an agreement under paragraph (5) above in respect of any property, rights or liabilities mentioned in sub-paragraph (a) of that paragraph, either of those authorities may, before the reorganisation date, serve on the other a notice specifying that property, or those rights or liabilities, for the purposes of paragraph (4) of regulation 8.
8
Except where the context otherwise requires, any reference in any of the following provisions of these Regulations to an agreement is a reference to an agreement made under the preceding paragraphs of this regulation; and any such agreement shall be in writing and be sealed, before the end of the preliminary period, by —
a
in the case of an agreement under paragraph (2) above, all the successor authorities; and
b
in the case of an agreement under paragraph (5) above, the relinquishing authority and the acquiring authority.
Vesting of property etc. of abolished authorities
6
1
Nothing in this regulation shall apply to any property held, as sole trustee, exclusively for charitable purposes by an abolished authority or to any rights or liabilities in respect of such property.
2
All the property, rights and liabilities of an abolished authority in relation to which there is only one successor authority shall, on the reorganisation date, vest in that successor authority.
3
The following paragraphs of this regulation, and regulation 7, shall have effect where there are two or more successor authorities in relation to an abolished authority.
4
Subject to paragraph (5) below —
a
any property of the abolished authority which is identified in an agreement and in relation to which a successor authority is specified for the purposes of this paragraph shall, on the reorganisation date, vest in that authority; and
b
any rights or liabilities of an abolished authority which are so identified and in relation to which a successor authority, or two or more successor authorities, are specified for the purposes of this paragraph shall, on that date, vest in that authority or, as the case may be, in those authorities jointly and severally.
5
Paragraph (4) above shall not apply to vest —
a
any land identified in an agreement as mentioned in sub-paragraph (d)(i) of paragraph (2) of regulation 5, or any associated property in relation to that land, where the agreement does not include the provision mentioned in sub-paragraph (d)(ii) of that paragraph; or
b
any rights and liabilities exclusively in respect of such property, including, in the case of property which is land, rights and liabilities in respect of a contract for the provision of services on, or the delivery of goods to, the land.
6
Where any land of the abolished authority vests in a successor authority by virtue of paragraph (4) above and any associated property in relation to the land does not vest in that authority or another successor authority by virtue of that paragraph, the associated property shall, on the reorganisation date, vest in the successor authority in which the land is vested.
7
This paragraph applies to —
a
any relevant shares of the abolished authority which have been specified in a notice under regulation 5(4);
b
any property of the abolished authority consisting of cash or investments which is not vested by virtue of paragraph (4) or (6) above;
c
any rights or liabilities in respect of such shares or such property; and
d
any rights or liabilities in respect of money borrowed by the abolished authority.
8
Any property, rights and liabilities to which paragraph (7) above applies shall, on the reorganisation date, vest in the successor authority specified in a section 17 order as the designated authority in relation to this paragraph.
9
This paragraph applies to —
a
any property of the abolished authority which is not vested by virtue of paragraph (4), (6) or (8) above; and
b
any rights or liabilities exclusively in respect of such property, including, in the case of property which is land, rights or liabilities in respect of a contract for the provision of services on, or the delivery of goods to, the land.
10
Any property, rights or liabilities to which paragraph (9) above applies shall, on the reorganisation date, vest in the Residuary Body.
Vesting of residual rights and liabilities of abolished authorities
7
1
This paragraph applies to any rights or liabilities arising in relation to any contract for the provision of services, or the delivery of goods, by or to the abolished authority which are not vested by virtue of paragraph (4) or (10) of regulation 6.
2
Any rights or liabilities to which paragraph (1) above applies shall, on the reorganisation date, vest —
a
where the contract relates exclusively to land which is vested in a successor authority by virtue of paragraph (4) of regulation 6, in that authority;
b
where the contract relates to land which is vested by virtue of that paragraph in a successor authority and to land which is so vested in another successor authority, in those authorities jointly and severally;
c
where the contract relates to land which is vested in a successor authority by virtue of that paragraph and to land which is vested in the Residuary Body by virtue of paragraph (10) of that regulation, in that authority and the Residuary Body jointly and severally;
d
where the contract relates exclusively to the area of one successor authority, in that authority; and
e
where the contract relates to the area of two or more successor authorities, in those authorities jointly and severally.
3
This paragraph applies to any rights or liabilities arising in relation to any transaction whereby an abolished authority undertook (whether voluntarily or by virtue of a statutory provision) any liability for —
a
the management, maintenance, repair or improvement of any property situated within its area which is vested in any other person (“the relevant property”); or
b
a guarantee, indemnity or financial assistance by way of grant or otherwise in respect of any such property.
4
Any rights or liabilities to which paragraph (3) above applies shall, on the reorganisation date, vest in the successor authority in whose area the relevant property is situated or, where it is situated in the area of more than one successor authority, in those authorities jointly and severally.
5
Any rights or liabilities of the abolished authority which are not vested by virtue of regulation 6 or any of the preceding paragraphs of this regulation shall, on the reorganisation date, vest in all the successor authorities jointly and severally.
Vesting of property etc. of relinquishing authorities
8
1
The following property shall, on the reorganisation date, vest in the acquiring authority in relation to a transferred area —
a
any property of the relinquishing authority in relation to that area which is identified in an agreement and in relation to which the acquiring authority is specified for the purposes of this paragraph; and
b
any associated property in relation to such property (other than associated property specified in a notice under regulation 5(7)).
2
Any rights or liabilities of the relinquishing authority in relation to a transferred area in respect of any associated property which, by virtue of paragraph (1) above, vests in the acquiring authority in relation to that area shall, on the reorganisation date, vest in that authority.
3
Any rights or liabilities of the relinquishing authority in relation to a transferred area which are identified in an agreement and in relation to which the acquiring authority or, as the case may be, that authority and the relinquishing authority, are specified for the purposes of this paragraph shall, on the reorganisation date, vest in the acquiring authority or, as the case may be, in that authority and the relinquishing authority jointly and severally.
4
During the period of six months beginning with the reorganisation date, the relinquishing authority and the acquiring authority in relation to a transferred area shall make agreements under this paragraph providing for —
a
the transfer to the acquiring authority, or the retention by the relinquishing authority, of any property specified for the purposes of this paragraph in a notice under regulation 5(7); and
b
either —
i
the transfer to the acquiring authority, or to that authority and the relinquishing authority jointly and severally, of any rights or liabilities so specified; or
ii
the retention by the relinquishing authority of any such rights or liabilities.
5
Where an agreement under paragraph (4) above provides for the transfer of any property, rights or liabilities as mentioned in that paragraph, on such date as shall be specified in the agreement for the purposes of this paragraph —
a
the property shall vest in the acquiring authority; and
b
the rights and liabilities shall, according as the agreement provides, vest in that authority or that authority and the relinquishing authority jointly and severally.
Charities
9
1
This paragraph applies to any property which, immediately before the reorganisation date, is held, as sole trustee, exclusively for charitable purposes by an abolished authority.
2
Where any property to which paragraph (1) above applies is held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall, on the reorganisation date, vest (on the same trusts) in the successor authority the area of which, on and after that date, comprises the whole or the greater part of that specified area.
3
Where any property to which paragraph (1) above applies is not held for such a benefit as is mentioned in paragraph (2) above, the property shall, on the reorganisation date, vest (on the same trusts) in the successor authority the area of which, on and after that date, comprises an area which, immediately before that date, is the whole or the greater part of the area of the abolished authority.
4
Any property to which paragraph (1) above applies which is not vested in a successor authority by virtue of paragraph (2) or (3) above shall, on the reorganisation date, vest (on the same trusts) in such one of the successor authorities as may be agreed between them not later than three months before the reorganisation date or, in default of such agreement, in such successor authority as the Charity Commissioners shall determine.
5
Where, immediately before the reorganisation date, any property is held, as sole trustee, exclusively for charitable purposes by the relinquishing authority in relation to a transferred area and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area the whole or the greater part of which is comprised in the transferred area, the property shall, on that date, vest (on the same trusts) in the acquiring authority in relation to that area.
6
Any rights and liabilities —
a
of an abolished authority in respect of any property to which paragraph (1) above applies; or
b
of the relinquishing authority in relation to a transferred area in respect of any property which is held as mentioned in paragraph (5) above,
shall, on the reorganisation date, vest in the authority in which the property is vested.
7
Where, immediately before the reorganisation date, any power with respect to a relevant charity is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, an abolished authority or, as the case may be, the relinquishing authority in relation to a transferred area, that power shall, on that date, vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, the authority in which the property of the charity would have been vested under paragraphs (2) to (5) above if that property had been property to which paragraph (1) above applied or, as the case may be, held as mentioned in paragraph (5) above.
8
References in paragraph (7) above to a power with respect to a relevant charity do not include references to a power of any person by virtue of being a charity trustee of the charity; but where, under the trusts of such a charity, the charity trustees immediately before the reorganisation date include an abolished authority or the relinquishing authority in relation to a transferred area, or the holder of an office connected with such an authority, those trustees shall instead include the authority in which the property of the charity would have been vested as mentioned in paragraph (7) above or, as the case may be, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.
9
Nothing in this regulation shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.
10
In this regulation —
“charity”, “charity trustees”, “company”, “the court” and “trusts” have the same meanings as in the Charities Act 1993;
“proper officer” has the same meaning as in the Local Government Act 1972 ; and
“relevant charity” means a charity other than a charity which is incorporated by charter or a company.
Disposal of surplus land
10
1
An authority in whom any surplus land is vested on the reorganisation date (“the custodian authority”) —
a
shall use its best endeavours to secure that the land is disposed of as soon as is reasonably practicable; and
b
shall not, except with the consent of the Secretary of State, dispose of it for a consideration which is less than the best that can reasonably be obtained.
2
Where the custodian authority is a successor authority, the authority shall, as soon as is reasonably practicable after a disposal under paragraph (1) above —
a
deduct the amount of any relevant expenditure from the amount received in respect of the disposal (“the disposal receipt”); and
b
if the amount found after that deduction is a positive amount, distribute that amount in accordance with provisions included in an agreement as mentioned in regulation 5(2)(d)(ii).
3
Where the custodian authority is the relinquishing authority in relation to a transferred area, the authority shall, as soon as is reasonably practicable after a disposal under paragraph (1) above —
a
deduct the relevant proportion of any relevant expenditure from the appropriate proportion of the disposal receipt; and
b
if the amount found after that deduction is a positive amount, pay that amount to the acquiring authority in relation to the area.
4
For the purposes of paragraph (3) above —
a
the appropriate proportion is the proportion equal to the proportion which the population of the transferred area bears to the population of the area which, immediately before the reorganisation date, was the area of the relinquishing authority; and
b
the population of an area shall be taken to be the number estimated by the Registrar General by reference to the date which, at the reorganisation date, is the latest date in respect of which such an estimate is available.
5
Where the whole of a custodian authority’s relevant expenditure is not met by a deduction of such expenditure from the amount of a disposal receipt as mentioned in paragraph (2) or (3) above, that authority may recover an amount equal to the relevant proportion of any relevant expenditure which is not so met from —
a
where the custodian authority is a successor authority in relation to an abolished authority, any other successor authority in relation to that authority; or
b
where the custodian authority is the relinquishing authority in relation to a transferred area, the acquiring authority in relation to that area.
6
For the purposes of paragraphs (3) and (5) above, the relevant proportion means such proportion as the authorities concerned may agree, or failing such agreement —
a
where those authorities are successor authorities in relation to an abolished authority, the proportion equal to the proportion which the council tax base of the authority from whom an amount is to be recovered for the financial year in which the disposal takes place bears to the aggregate of the council tax bases for that financial year of all the successor authorities; and
b
where the authorities concerned are the relinquishing authority and the acquiring authority in relation to a transferred area, the proportion equal to the proportion which the relinquishing authority’s estimate of the council tax base of the transferred area for that financial year bears to that authority’s estimate of the council tax base for that year of the area which, immediately before the reorganisation date, was the area of that authority.
7
In this regulation —
“relevant expenditure” means a sum equal to the amount by which the total of expenditure properly incurred by the custodian authority in connection with the management or disposal of surplus land exceeds the total of payments (other than the disposal receipt) received by that authority in respect of the land; and
“surplus land” means any land identified in an agreement as mentioned in paragraph (2)(d)(i) or, as the case may be, (6)(b)(ii) of regulation 5.
Rights of access to records
11
1
Where —
a
any records of a relevant authority are vested by virtue of these Regulations or any other relevant instrument in any body; and
b
the records relate to —
i
any property, rights or liabilities which are so vested in another body; or
ii
any function which is exercisable, on and after the reorganisation date, by such other body,
that other body shall be entitled during ordinary office hours, through any person authorised in that behalf, to inspect those records and to take, or be supplied with, copies of those records or of any part of them.
2
The rights conferred by paragraph (1) above include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.
3
In this regulation and regulation 12, “relevant authority” means —
i
an abolished authority; or
ii
the relinquishing authority in relation to a transferred area.
Continuity of matters
12
1
All contracts, deeds, bonds, agreements, licences and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by or to, a relevant authority in respect of any transferred matters shall be of full force and effect in favour of, or against, the body to whom such matters are transferred.
2
Any action or proceeding, or any cause of action or proceeding, pending or existing at the reorganisation date by or against a relevant authority in respect of any transferred matters may be continued, prosecuted and enforced by or against the body to which such matters are transferred.
3
In this regulation, “transferred matters” means any property, rights or liabilities transferred by virtue of these Regulations or any other relevant instrument.
PART III
TRANSITIONAL PAYMENTS
Interpretation of Part and general provision
13
1
In this Part —
“the final accounts” means the accounts of the relevant authority for the final year;
“the accounts date” means the date on which the responsible financial officer signs the statement of accounts prepared in relation to the final accounts ;
“designated authority” means —
in a case where there are two or more successor authorities in relation to an abolished authority which are principal councils, the successor authority which is specified in a section 17 order as the designated authority in relation to this Part; and
in the case of the relinquishing authority and the acquiring authority in relation to a transferred area, the relinquishing authority;
“the final year” means the financial year ending immediately before the reorganisation date;
“participant authority”, in relation to a designated authority, means —
in a case where the designated authority is one of two or more successor authorities in relation to an abolished authority which are principal councils, any other such successor authority; and
in a case where the designated authority is the relinquishing authority in relation to a transferred area, the acquiring authority in relation to that area;
“the relevant authority”, in relation to a designated authority and any participant authority, means —
where those authorities are successor authorities in relation to an abolished authority, the abolished authority; and
where the designated authority is the relinquishing authority in relation to a transferred area and the participant authority is the acquiring authority in relation to that area, the relinquishing authority.
2
Any notice under this Part which sets out calculations made in accordance with Schedule 1 shall include an explanation of the basis on which the amount or value ascribed to each of the items of the formulae in that Schedule was determined.
3
Any notification by a participant authority under this Part that it disagrees with any calculations made by the designated authority in accordance with Schedule 1 shall state the reasons for the disagreement.
4
A participant authority may, within one month of service by a designated authority of a notice under this Part, request that authority to supply such information relating to the contents of the notice as may be specified in the request; and the designated authority shall, as soon as is reasonably practicable, supply the information.
Initial calculations
14
1
A designated authority —
a
within such period as that authority and each participant authority may agree or, failing such agreement, the period of one month beginning with the accounts date, shall make calculations in relation to each participant authority in accordance with Schedule 1; and
b
as soon as is reasonably practicable, shall serve on each participant authority a notice setting out the calculations it has made in relation to that authority and any other participant authority.
2
At any time within the period of two months beginning with the date of service of the notice mentioned in paragraph (1) above, a designated authority may serve on each participant authority one further notice setting out calculations made in accordance with Schedule 1 in substitution for the calculations set out in the first-mentioned notice.
3
A notice under paragraph (2) above shall include a statement of the designated authority’s reasons for serving it.
4
Not later than the expiry of the period of two months beginning with the date of service of a notice under paragraph (1) or, where a notice has been served under paragraph (2) above, the date of service of that notice (“the relevant period”), each participant authority shall notify the designated authority and any other participant authority in writing whether or not it agrees with the calculations set out in the notice.
5
Where a participant authority, pursuant to paragraph (4) above, notifies the designated authority that it does not agree with the calculations set out in a notice under paragraph (1) or, as the case may be, paragraph (2) above, the designated authority shall, not later than the expiry of the period of one month beginning with the end of the relevant period, serve on each participant authority a notice which either —
a
sets out calculations made in accordance with Schedule 1 in substitution for the calculations set out in the notice under paragraph (1) or, as the case may be, paragraph (2) above; or
b
states that the designated authority does not intend to make any such calculations and the reasons for not doing so.
6
A participant authority may, within the period of two months beginning with the date of service of a notice under paragraph (5) above, notify the designated authority and any other participant authority in writing that it disagrees with any substitute calculations set out in the notice or, where the notice does not set out such calculations, in respect of the calculations set out in the notice under paragraph (1) or, as the case may be, paragraph (2) above.
Further calculations
15
1
As soon as is reasonably practicable after the conclusion of the audit of the final accounts, a designated authority shall make calculations in relation to each participant authority in accordance with Schedule 1 and shall serve on each such authority a notice setting out the calculations it has made in relation to that authority and any other participant authority.
2
A participant authority may, not later than the expiry of the period of two months beginning with the date of service of the notice under paragraph (1) above, notify the designated authority and any other participant authority in writing that it disagrees with the calculations set out in the notice.
Calculations following determination of differences
16
1
As soon as is reasonably practicable after the determination under regulation 19 of a difference notified under regulation 14(6) or 15(2), a designated authority shall, subject to paragraph (2) below, make calculations in relation to each participant authority in accordance with Schedule 1 and shall serve on each such authority a notice setting out the calculations it has made in relation to that authority and any other participant authority.
2
Where amounts or values are ascribed in the determination to any items of the formulae in Schedule 1, the designated authority shall ascribe those amounts or values to those items when making the calculations required by paragraph (1) above.
Payments by or to the designated authority
17
1
Subject to paragraph (2) below —
a
where the amount calculated in relation to a participant authority in accordance with the formula in paragraph 8 of Schedule 1 is a positive amount, the designated authority shall pay to the participant authority a sum equal to that amount; and
b
where the amount so calculated is a negative amount, the participant authority shall pay to the designated authority a sum equal to that amount expressed as a positive amount.
2
Where notification has been given by a participant authority under regulation 14(6) or 15(2) that it disagrees with any calculations made by the designated authority, any sum required, by virtue of paragraph (1) above, to be paid by that authority, any other participant authority or the designated authority in respect of those calculations shall be reduced by 20%.
3
Any sum payable by virtue of paragraph (1) above shall be paid on or before —
a
such date as the authority by whom (“the paying authority”) and the authority to whom (“the payee authority”) the payment is to be made may have agreed during the period of two months beginning with the date of service of the notice setting out the calculations which give rise to the liability to pay; or
b
failing such agreement, the day (other than a Saturday, a Sunday or a Bank Holiday) which falls two weeks after the end of that period.
4
Where the authorities concerned so agree, any liability to pay a sum by virtue of this Part may be discharged, in whole or in part, by the transfer to the payee authority of investments held by the paying authority.
5
At any time after the reorganisation date, the designated authority or a participant authority may each make a payment on account to the other in respect of any sum which the authority estimates it will be liable to pay to the other in consequence of calculations to be made in accordance with paragraph 6 of Schedule 1.
Interest
18
1
The paying authority shall pay interest to the payee authority in respect of any sum which has become payable by virtue of this Part and has not been paid by the due date.
2
Interest payable under paragraph (1) above —
a
shall be calculated in accordance with such method as may be agreed between the paying authority and the payee authority or, failing such agreement, shall be simple interest calculated on the unpaid amount in respect of the period beginning with the due date and ending with the day before the day on which the sum is paid at a rate equivalent to two per cent. above the highest base rate quoted by any of the reference banks at any time during that period; and
b
shall be paid at the same time as the sum is paid.
3
For the purposes of paragraph (2) above, the reference banks are the seven largest institutions —
a
authorised by the Bank of England under the Banking Act 1987 ; and
b
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling.
4
For the purposes of paragraph (3) above, the size of an institution is to be determined by reference to its consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
5
In this regulation —
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985);
“a deposit-taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act;
“the due date” for payment of a sum is a reference to the date on or before which the sum is required to be paid; and
“sum” includes a reference to a part of a sum.
PART IV
MISCELLANEOUS
Disputes
19
1
Any question as to the interpretation or application of any provision of these Regulations may be determined —
a
in the case of a question as to the interpretation or application of regulation 9, by the Charity Commissioners; and
b
in any other case, by a person agreed on by the parties concerned or, in default of their agreement, appointed by the Secretary of State;
and —
i
any matter which falls to be agreed under regulation 8(4) and is not so agreed; or
ii
any difference notified under regulation 5(4), 14(6) or 15(2),
shall be determined by such a person.
2
Where any question as to the interpretation or application of any provision of these Regulations which relates to the vesting of any property, rights or liabilities is referred for determination under paragraph (1) above before the expiry of the period of 12 months beginning with the reorganisation date —
a
the provision of these Regulations which is in question (other than regulation 6(8)) shall not have, or shall cease to have, effect for the purposes of the vesting of the property, rights or liabilities concerned; and
b
pending the determination of the question —
i
in a case which concerns any property of an abolished authority or any rights or liabilities of such an authority exclusively in respect of such property, the property, rights or liabilities shall vest in the Residuary Body; and
ii
in a case which concerns any other rights or liabilities of such an authority, the rights or liabilities shall vest in the successor authority specified in a section 17 order as the designated authority in relation to regulation 6(8).
3
The determination of —
a
any question such as is mentioned in paragraph (2) above;
b
any such matter as is mentioned in paragraph (1)(i) above; or
c
any difference notified under regulation 5(4)
may make any provision that might be contained in an agreement under section 20 of the Act in respect of property, rights or liabilities.
4
Where a determination provides for the transfer of any property, rights or liabilities to an authority specified in the determination or, in the case of rights or liabilities, jointly and severally to two or more authorities so specified —
a
the property, rights or liabilities concerned shall, by virtue of the determination, vest in the authority so specified or, as the case may be, jointly and severally in the authorities so specified; and
b
the provisions of these Regulations which would have applied to the property, rights or liabilities if the vesting had been effected by virtue of a provision of these Regulations shall apply to the property, rights or liabilities.
5
In paragraph (4) above, “authority” includes the Residuary Body.
6
Section 31 of the Arbitration Act 1950 shall have effect for the purposes of a determination under this regulation by any person mentioned in paragraph (1)(b) above as if such a determination were an arbitration under any other Act within the meaning of that section.
Disputes in respect of transitional payments: further provision
20
1
Where the audit of the final accounts of the relevant authority is concluded after notification of a difference has been given under regulation 14(6), the designated authority concerned shall notify that fact to the person who is to determine the difference.
2
A notification under paragraph (1) above shall be given by the designated authority within three working days of the reference of the difference to the person who is to determine it or, if later, the conclusion of the audit.
3
Where a notification under paragraph (1) above is given before the determination of the difference, the person who is to determine it shall do so by reference to the final accounts as they stand at the conclusion of the audit.
4
In this regulation —
“the final accounts” and “the relevant authority” have the same meanings as in Part III of these Regulations; and
“working day” means a day other than a Saturday, a Sunday or a bank holiday.
Designated authorities: recovery of expenditure and distribution of surpluses
21
1
Subject to paragraph (2) below, an authority which is specified in a section 17 order as the designated authority in relation to any provision of a relevant instrument (“the designated authority”) may recover from each participant authority such proportion of any eligible expenditure as may be agreed between them or, failing such agreement, the appropriate proportion.
2
Where the designated authority is a successor authority in relation to an abolished authority, the amount of any eligible expenditure shall, for the purposes of paragraph (1) above, be reduced by an amount equal to the total of any interest or other sums received by the designated authority in respect of investments vested in that authority by virtue of regulation 6(8).
3
Where the designated authority is a successor authority in relation to an abolished authority and the total of any sums received by the designated authority in any financial year in carrying out its functions as a designated authority exceeds the amount of any eligible expenditure in respect of that year, the designated authority shall, as soon as is reasonably practicable after the end of that year, pay to each participant authority the appropriate proportion of the excess.
4
In this regulation —
“the appropriate proportion”, in relation to any participant authority, means —
where the participant authority is a successor authority in relation to an abolished authority, the proportion equal to the proportion which the council tax base of the participant authority for the financial year in which an amount is recovered under paragraph (1) above, or paid under paragraph (3) above, bears to the aggregate of the council tax bases for that financial year of the designated authority and all participant authorities; and
where the participant authority is the acquiring authority in relation to a transferred area, the proportion equal to the proportion which the relinquishing authority’s estimate of the council tax base of the transferred area for that financial year bears to that authority’s estimate of the council tax base for that year of the area which, immediately before the reorganisation date, was the area of that authority;
“eligible expenditure”, in relation to a designated authority, means expenditure properly incurred by the authority in carrying out any of its functions as a designated authority for the meeting of which provision is not otherwise made in a relevant instrument; and
“participant authority” has the same meaning as in Part III of these Regulations.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
20th February 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1995 and, subject to paragraph (2) below, shall come into force on 1st August 1995.
2
The provisions of this Order in so far as they relate to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils in the first year of that key stage; and
b
on 1st August 1997 in respect of all other pupils in that key stage.
3
In this Order —
“the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Mathematics in the National Curriculum” ; and
references to the first, second, third and fourth key stages shall be construed in accordance with section 3(3) to (6) of the Education Reform Act 1988 .
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991 shall cease to apply —
a
on 1st August 1995 in respect of pupils in the first, second and third key stages;
b
on 1st August 1996 in respect of pupils in the first year of the fourth key stage; and
shall be revoked on 1st August 1997.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to mathematics.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995
John Redwood
Secretary of State for Wales
12th January 1995


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Interest Relief) (Amendment) Regulations 1995 and shall come into force on 4th May 1995.
2
The amendments to the principal Regulations made by regulations 4 and 5 of these Regulations shall have effect with respect to —
a
deductions by qualifying borrowers as mentioned in section 369(1) of the Income and Corporation Taxes Act 1988 , and
b
payments by the Board pursuant to section 375(8) of that Act and regulation 8A of the principal Regulations,
made on or after the date of coming into force of these Regulations.
Interpretation
2
In these Regulations “the principal Regulations” means the Income Tax (Interest Relief) Regulations 1982 .
Amendments to the principal Regulations
3
Regulation 3(2) of the principal Regulations shall be omitted.
4
After regulation 8A of the principal Regulations there shall be inserted —
8B
1
This regulation applies in any case where an amount to which a borrower is not entitled is paid to him by the Board pursuant to a claim under regulation 8A.
2
An officer of the Board may make such assessments as may in his judgment be required for recovering that amount from the borrower.
3
The Taxes Management Act 1970 shall apply to an assessment under paragraph (2) as if it were an assessment to income tax for the year of assessment for which the payment was made and as if —
a
the assessment were among those specified in section 55(1) of that Act (recovery of tax not postponed) ;
b
the assessment were made for the purpose of making good to the Crown a loss of tax wholly attributable to such a failure or error as is mentioned in section 88(1) of that Act (interest on tax recovered to make good loss due to taxpayer’s fault) ; and
c
for the purposes of section 88 of that Act the date when the tax ought to have been paid were the 1st December following the year of assessment.
4
If in a case to which paragraph (1) applies, the borrower fraudulently or negligently makes any false statement or representation in connection with the making of a claim under regulation 8A, he shall be liable to a penalty not exceeding the amount referred to in that paragraph.
5
If in a case to which paragraph (1) applies, the borrower is required to give notice under subsection (1) of section 375 of the Income and Corporation Taxes Act 1988 , and there is any unreasonable delay in the giving of the notice, he shall be liable to a penalty not exceeding so much of the amount referred to in that paragraph as is attributable to that delay.
5
In regulation 19 of the principal Regulations —
a
in paragraph (4) the word “assessments,” shall be omitted;
b
paragraphs (5) and (6) shall be omitted.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
2nd May 1995


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1995 and shall come into force on 15th December 1995.
Designation of Ministers
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister is designated by this Order in relation to any matter, the designation of those Ministers has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
Revocation of earlier designation
3
The designation of the Secretary of State in respect of the grant of compulsory licences under a patent where demand for the patented product in the United Kingdom is met by imports from other Member States of the Communities, in the European Communities (Designation) (No. 4) Order 1992 , is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) Regulations 1995.
2
These Regulations, except regulation 13, shall come into force on 1st April 1995 but regulation 15(6) shall have effect from 1st September 1994.
3
Regulation 13 shall come into force on 13th April 1995.
4
In these Regulations “the principal Regulations ” means the Police Regulations 1995 .
Ranks
2
1
At the end of regulation 6(2), there shall be added “but those ranks shall include commander”.
2
In regulation 6(6) the words from “for all” to the end are hereby revoked.
Part-time appointments
3
In regulation 7(1) of the principal Regulations, the words “and with the approval of the Secretary of State” and “specified in the approval” are hereby revoked.
Beats, sections, sub-divisions and divisions
4
In regulation 8 of the principal Regulations for the words “chief superintendent” there shall be substituted “superintendent”.
Appointment of chief constable
5
For regulation 13 of the principal Regulations, there shall be substituted:
Appointment of chief constable
13
1
Subject to section 5A(1) of the Police Act 1964 and regulations 11 and 12, no person shall be appointed as chief constable of a police force unless for a period of not less than two years he holds or has held the rank of assistant chief constable or above —
a
in some other police force;
b
whilst engaged on relevant service within the meaning of section 53C(1) of the Police Act 1964 ; or
c
partly in one of the capacities described in paragraphs (a) and (b) above and partly in another.
2
In its application to the metropolitan police force and the City of London police force, paragraph (1) shall have effect as if the reference to assistant chief constable was to commander.
.
Fixed term appointments for certain ranks
6
After regulation 13 of the principal Regulations, there shall be inserted the following regulations:
Fixed term appointments for certain ranks
13A
1
This regulation applies to every appointment on or after 1st April 1995 of a person to the rank of —
a
chief constable or assistant chief constable of a police force maintained under section 2 of the Police Act 1964 , and
b
commander in the metropolitan police force and the City of London police force.
2
Where it is proposed to vary by agreement the conditions of service of a person who on 1st April 1995 holds one of the ranks specified in paragraph (1) above indefinitely so that he holds that rank instead for a fixed term —
a
that term shall be for a period authorised by paragraph (3) or, as the case may be, paragraph (4); and
b
this regulation shall apply to such a variation as it applies to an appointment and as if the variation was an appointment.
3
Subject to paragraphs (5) to (9), an appointment to the rank of chief constable shall be for a term of not less than four years and not more than seven years.
4
Subject to paragraphs (5) to (9), an appointment to the rank of assistant chief constable or commander shall be for a term of not less than four years and not more than either —
a
ten years, or
b
a period expiring with the date on which the person appointed reaches minimum retirement age or, if that period is less than four years, four years,
whichever of the periods in sub-paragraphs (a) and (b) is the shorter.
5
The term of an appointment to which this regulation applies may be for a period of less than four years with the consent of the Secretary of State.
6
The term of an appointment to which this regulation applies may, with the consent of the Secretary of State, be extended by agreement for a single period not exceeding one year where the extension cannot be made under paragraph (7) and, in the opinion of the Secretary of State, the particular circumstances in which such an extension is sought are such as to justify it.
7
The term of an appointment to which this regulation applies may be extended by agreement for a period or periods up to the time when the person appointed —
a
has completed 30 years' pensionable service for the purposes of the Police Pensions Regulations 1987 , or
b
has completed 25 years' pensionable service for those purposes and has attained the age of 50,
whichever is the earlier.
8
Subject to paragraph (10) where the term of appointment of a person who —
a
has been appointed under this regulation, and
b
is subsequently engaged on relevant service within the meaning of section 53C(1) of the Police Act 1964,
would otherwise expire whilst he is so engaged, that term shall expire one day after the end of the period of relevant service.
9
This regulation is without prejudice to any provision whereby a term of appointment comes to an end on promotion, dismissal or transfer to another police force and to regulation 16(1) and (2) (retirement) and the provisions referred to in regulation 16(3).
10
Paragraph (8) shall not apply where the exception specified in section 53C(3) of the Police Act 1964 applies.
11
A person does not cease to be eligible for an appointment to which this regulation applies by reason only of the fact that he has completed an appointment for a term determined in accordance with this regulation.
12
In this regulation “minimum retirement age” means —
a
in the case of a person who, on attaining the age of 55, will be entitled to reckon not less than 25 years' pensionable service for the purposes of the Police Pensions Regulations 1987, that age; or
b
in the case of a person who, on attaining that age, will not be entitled to reckon 25 years' pensionable service for the purposes of those Regulations, the age at which he will be so entitled or the age at which he will be required to retire under regulation A18(1) of those Regulations, whichever is the earlier.
13
For the purposes of determining an entitlement under paragraph (12), an election under regulation G4 of the Police Pensions Regulations 1987 (election not to pay pension contributions) shall be disregarded.
14
Paragraph (12) shall have effect as if regulation A18(1) of the Police Pensions Regulations 1987 provided that the compulsory retirement age of a commander in the City of London police force was 65 years.
Requirement to advertise vacancies in certain ranks
13B
1
Subject to paragraph (4), where on or after 1st April 1995, a vacancy exists in one of the ranks specified in regulation 13A(1)(a) and (b), a notice of the vacancy which complies with paragraph (2) shall be published by the relevant authority.
2
The notice referred to in paragraph (1) must —
a
invite applications to fill the vacancy;
b
be published in —
i
not less than one newspaper, or
ii
not less than one journal which deals with police matters,
circulating throughout England and Wales; and
c
specify the date, which shall not be less than three weeks after the date of the publication of the notice, by which applications must be made.
3
Subject to paragraph (4), no appointment shall be made to fill a vacancy in one of the ranks specified in regulation 13A(1)(a) and (b) until after the date specified in accordance with paragraph (2)(c) in a notice in respect of that vacancy.
4
Paragraphs (1) and (3) shall not apply where —
a
the term of appointment of the person who currently holds the rank in which the vacancy would otherwise occur is extended under regulation 13A(6) or (7), or
b
that person is appointed for a further term and the conditions set out in paragraph (5) below are satisfied.
5
The conditions referred to in paragraph (4) are that —
a
the person who currently holds the rank in which the vacancy would otherwise occur does so by virtue of an appointment under regulation 13A;
b
the relevant appointment of that person was for a term which was less than the maximum term authorised in respect of that person by paragraph (3) or, as the case may be, (4) of regulation 13A; and
c
the term for which it is proposed to appoint that person (and for which that person is subsequently appointed) is such that, when taken together with —
i
the term for which he was appointed by the relevant appointment, and
ii
the term for which he was appointed by any subsequent appointment,
the terms in total do not exceed the maximum term of appointment to which he could have been appointed at the time of the relevant appointment under paragraph (3) or, as the case may be, (4) of regulation 13A.
6
In paragraph (5) “relevant appointment” means —
a
an appointment made under regulation 13A after the procedures required by paragraphs (1) and (3) of this regulation have been complied with; or
b
a variation in the conditions of service in accordance with regulation 13A(2).
7
In this regulation “the relevant authority” means —
a
in the case of the ranks specified in regulation 13A(1)(a), the police authority for the force in question;
b
in the case of the ranks specified in regulation 13A(1)(b), the Commissioner of Police of the Metropolis or, as the case may be, the Commissioner of the City of London police.
Probationary service in the rank of constable
7
In paragraphs (2) and (3) of regulation 14 of the principal Regulations, the words “, with the approval of the Secretary of State,” are hereby revoked.
Retirement
8
For regulation 16(2) of the principal Regulations there shall be substituted:
2
Paragraph (1) shall apply to the Commissioner and an Assistant Commissioner of Police of the Metropolis as it applies to a member of a police force and in the case of a chief officer of police, Assistant Commissioner of Police of the Metropolis, commander in the City of London or metropolitan police force or assistant chief constable, paragraph (1) shall have effect as if —
a
for “one month's” there is substituted “three months'”; and
b
for “chief officer of police” there is substituted “police authority”.
.
Variable shift arrangements
9
In regulation 26(2) of the principal Regulations the words “, if he has obtained the consent of the Secretary of State to his doing so,” are hereby revoked.
Overtime
10
1
Regulation 28 of the principal Regulations shall be amended in accordance with paragraphs (2) to (4).
2
In paragraph (1) after the word “force” there shall be inserted “below the rank of inspector”.
3
In paragraph (3) for the words from the beginning to “subject to paragraph (6),” there shall be substituted “Subject to paragraphs (4) and (6), a member of a police force below the rank of inspector shall”.
4
In paragraph (8) after the definition of “member recalled to duty” there shall be inserted —
“normal daily period of duty” shall be construed in accordance with regulation 24;
.
Public holidays and rest days for ranks below inspector
11
In regulation 29(9)(e) of the principal Regulations the words “in paragraph (2)” are hereby revoked.
Rate of pay
12
Paragraph (3) of regulation 39 is hereby revoked.
Deductions from pay of social security benefits and statutory sick pay
13
In regulation 47(1)(a) of the principal Regulations for the words from “sickness benefit” to “1992(a)” there shall be substituted “short-term or long-term incapacity benefit to which he is entitled under the Social Security (Incapacity for Work) Act 1994 ”.
Modification for part-time service
14
1
In the modifications made by paragraph 2(b) of Schedule 1 to the principal Regulations the words “, with approval of the Secretary of State,” are hereby revoked.
2
In regulation 28(1), as substituted by paragraph 6 of that Schedule, for the words “to whom regulation 24 applies” there shall be substituted “below the rank of inspector”.
Determination of pay
15
1
Schedule 6 to the principal Regulations shall be amended in accordance with paragraphs (2) to (9).
2
In paragraph 1(2) (pay points for superintendents and chief superintendents), the words “and chief superintendents” are hereby revoked.
3
In paragraph 1(3) (pay categories for superintendents and chief superintendents) —
a
the words “and chief superintendents” are hereby revoked;
b
for pay categories F to I there shall be substituted:
F
The member is a superintendent —
a
whose pay category would otherwise be C, D or E, but who has been assigned by the chief officer of police to this category, or
b
who was a chief superintendent on 31st August 1994, but since his promotion to that rank has not completed one year’s service (including subsequent service as a superintendent), or
c
who was appointed in the rank of superintendent after 31st August 1994 and has completed one year’s service in it at pay category E, or
d
who has completed one or more year’s service in this pay category and who does not qualify for pay category G, H or I.
G
The member is a superintendent —
a
whose pay category would otherwise be C, D, E or F, but who has been assigned by the chief officer of police to this category, or
b
who was chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed one year’s service (including subsequent service as a superintendent), or
c
who has been assigned to pay category F by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or
d
who has completed one or more year’s service in this pay category and who does not qualify for pay category H or I.
H
The member is a superintendent —
a
whose pay category would otherwise be C, D, E, F or G, but who has been assigned by the chief officer of police to this category, or
b
who was a chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed two years' service (including subsequent service as a superintendent), or
c
who has been assigned to pay category G by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or
d
who has completed one or more year’s service in this pay category and who does not qualify for pay category I.
I
The member is a superintendent —
a
whose pay category would otherwise be H but who has been assigned by the chief officer of police to this category, or
b
who was a chief superintendent on 31st August 1994 and, since his promotion to that rank, has completed three or more years' service (including subsequent service as a superintendent), or
c
who has been assigned to pay category H by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category, or
d
who has completed one or more year’s service in this pay category.
.
4
In paragraph 1(5) (pay categories for inspectors and chief inspectors) before the words “paragraph 1(8)”, in every place where they occur, there shall be inserted “the revoked”.
5
In paragraph 1(5) (pay categories for inspectors and chief inspectors) at the end of pay category G, there shall be added —
or
d
who has completed one or more year’s service in this pay category and who does not qualify for pay category H or I.
.
6
In paragraph 1(5) (pay categories for inspectors and chief inspectors), for pay categories H and I there shall be substituted —
H
The member is a chief inspector who held that rank on 31st August 1994 and —
a
who has completed three years' service in that rank, or
b
to whom on that date the revoked paragraph 1(8) applied and who has completed two, but not three, years' service in that rank.
I
The member is a chief inspector who held that rank on 31st August 1994 and —
a
who has completed four or more years' service in that rank, or
b
to whom on that date the revoked paragraph 1(8) applied and who has completed three, but not four, years' service in that rank.
.
7
In paragraph 1(10) before the words “paragraph 1(8)”, in the first place where they occur, there shall be inserted “the revoked”.
8
In paragraph 2(1) (transitional provision for certain chief superintendents) for the words from “immediately” to “£8,703”, there shall be substituted —
a member of a police force —
a
holds the rank of superintendent, and
b
immediately before 1st September 1978 held the rank of chief superintendent with an annual pay greater than £8,703,
.
9
For paragraph 2(3) and (4) (transitional provision for certain superintendents and chief superintendents) there shall be substituted —
3
Where a member of the City of London or metropolitan police force —
a
holds the rank of superintendent, and
b
has held that rank or that of chief superintendent in one or other of those forces at all times since 1st September 1985,
his annual pay determined in accordance with paragraph 1 shall be increased by £474.
.
David Maclean
Minister of State
Home Office
3rd March 1995


text:
Citation and commencement
1
This Order may be cited as the North Hampshire Hospitals National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 30th January 1995.
Amendment of NHS trust Establishment Order
2
In Article 3(2) of the North Hampshire Hospitals National Health Service Trust (Establishment) Order 1994 for the words “Basingstoke District Hospital” there shall be substituted the words “The North Hampshire Hospital”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
19th January 1995