text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April1994.
Revocation and interpretation
2
1
The Environmentally Sensitive Areas (Pennine Dales)
Designation (Amendment) Order 1994 is hereby revoked and the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.
2
In thi Order “the principal Order ” means the said Order of 1992 as it had effect immediately before the said Order of 1994 came into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “meadowland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
In paragraph (1)
of article 6 of the principal Order for “£125” there shall be substituted “£135” and for “£90” there shall be substituted “£95”.
2
After paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
.
3
For paragraph (3)
of article 6 of the principal Order, there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 7 of Schedule 4 to the principal Order there shall be inserted the following paragraph:
8
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
Saving
8
Paragraph (1) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection(Non-Refillable Refrigerant Containers) Regulations 1994 and shall come into force on2nd March 1994.
2
Subject to paragraph (3), these Regulations shall apply to Great Britain and Northern Ireland.
3
Regulations 4 and 5 shall apply to Great Britain only.
Interpretation
2
1
In these Regulations —
“authorised person” means a person authorised by —
i
the Secretary of State; or
ii
in Great Britain, any local authority; or
iii
in Northern Ireland, any district council (within the meaning of that term in section 1 of the Local Government Act (Northern Ireland) 1972 ),
for any purpose of these Regulations;
“non-refillable refrigerant container” means a container which —
is designed not to be refillable;
contains a Schedule 1 substance or a Schedule 2 substance for the purpose of supplying it for filling or refilling air-conditioning or refrigeration machinery; and
contains that substance at a pressure greater than atmospheric pressure, in the case of a container which contains a Schedule 1 substance, or greater than 3 bar at 50°C, in the case of a container which contains a Schedule 2 substance.
2
In the definition of “non-refillable refrigerant container” in paragraph (1) —
“Schedule 1 substance” means a substance listed in Schedule 1 or a substance consisting of a mixture of substances which includes a substance listed in Schedule 1 but does not include a substance listed in Schedule 2;
“Schedule 2 substance” means a substance listed in Schedule 2 or a substance consisting of a mixture of substances which includes a substance listed in Schedule 2.
Prohibition of importation, landing and unloading
3
1
No person shall, other than for the purposes of research and development or analysis, or for export, import a non-refillable refrigerant container into the United Kingdom.
2
Subject to paragraph (3), no person shall knowingly land or unload a non-refillable refrigerant container in the United Kingdom which is being imported contrary to paragraph (1).
3
Paragraph (2) shall not apply to an authorised person who is exercising any of the powers prescribed in regulation 7 for the purpose of carrying these Regulations into effect.
Prohibition of supply
4
No person shall, other than for the purposes of research and development or analysis, or for export, supply a non-refillable refrigerant container.
Prohibition of storage
5
1
Subject to paragraph (2), no person shall, other than for the purposes of research and development or analysis, or for export, store a non-refillable refrigerant container.
2
Paragraph (1) shall not apply to an authorised person who is exercising any of the powers prescribed in regulation 7 for the purpose of carrying these Regulations into effect.
Powers of the Secretary of State
6
The Secretary of State may require a person who has imported, landed or unloaded a non-refillable refrigerant container in contravention of regulation 3 —
a
to dispose of it without causing pollution of the environment or otherwise to render it harmless, or
b
to remove it from the United Kingdom,
and such a person shall comply with that requirement.
Powers of authorised persons
7
1
An authorised person may, on production (if so required) of his authority, exercise any of the powers in paragraph (2) below for the purpose of carrying these Regulations into effect.
2
The powers of an authorised person are —
a
at any reasonable time to enter premises, other than premises used wholly or mainly for residential purposes, which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of paragraph (a) above to take with him —
i
if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to make such examination and investigation as may in any circumstances be necessary;
d
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
e
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
f
to take samples of any articles or substances found in or on any premises which he has power to enter;
g
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
h
in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed;
iii
to ensure that it is available for use as evidence in any proceedings for an offence under regulation 8 below;
i
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
j
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of any examination or investigation under paragraph (c) above and to inspect and take copies of, or of any entry in, the records;
k
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation.
3
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) shall be admissible in evidence in England, Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
4
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Offences
8
1
Any person who contravenes regulation 3, 4, or 5 or causes or permits another person to contravene regulation 3, 4 or 5, or fails to comply with regulation 6, or causes or permits another person to fail to comply with regulation 6, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding the statutory maximum and, on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
2
Any person who —
a
without reasonable excuse, fails to comply with any requirement imposed under regulation 7(2),
b
prevents any other person from appearing before or from anwering any question to which an authorised person may by virtue of regulation 7(2)(i) require an answer,
c
intentionally obstructs an authorised person in the exercise or performance of his powers or duties,
d
makes a statement which he knows to be false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish information imposed under regulation 7(2)(i), or
e
falsely pretends to be an authorised person,
shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Signed by authority of the Secretary of State for the Environment
Robert Atkins
Minister of State,
Department of the Environment
19th January 1994
John Redwood
Secretary of State for Wales
21st January 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
26th January 1994
Patrick Mayhew
Secretary of State for Northern Ireland
31st January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Frenchay Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Bristol and District Health Authority;
“the Trust” means the Frenchay 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 11th August 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 1994 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
12th January 1994


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Construction and Property Services) (England) Regulations 1994 and shall come into force on 9th January 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“allowable period”means the period commencing on the date when section 6 of the Act first applies to the defined authority in question in respect of specified work and ending —
as respects work falling within paragraph 12(3)(d) of Schedule 1 to the Act, on the date when that work is completed; or
as respects work falling within paragraph 12(3)(e) of Schedule 1 to the Act, on the date when the document certifying completion of the work is issued;
“the Act” means the Local Government Act 1988;
“the cost” means the estimated total annual cost including overheads;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F + G )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to 35% of T or £450,000, whichever is greater;
B
for the period ending on 31st March 1999 or five years after work was awarded, whichever is shorter, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C
an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D
until 1st April 1999, an amount equal to the cost of specified work which is being carried out in support of functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act;
E
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any other defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;
F
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and
G
for the allowable period, an amount equal to the cost (including overheads) of work falling within paragraphs 12(3)(d) and (e) of Schedule 1 to the Act, where that work has been started by a defined authority before the commencement of the allowable period;
“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(k) of the Act (construction and property services) other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;
“voluntary competitive tendering” means the award of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities are invited to tender for that work.
Application of section 6
3
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out —
a
on or after 1st April 1997 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 (“a structural change”) where that structural change takes effect from 1st April 1995; or
b
on or after 1st April 1998 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st April 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st April 1996 by any other defined authority, other than —
i
those mentioned in section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act;
ii
county councils or non-metropolitan district councils which are not subject to a structural change; and
iii
a police authority.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
12th December 1994


text:
1
1
This Order may be cited as the Summer Time Order 1994 and shall come into force on the fourteenth day after the day on which it is made.
2
This Order shall have effect in Great Britain, Northern Ireland and the Bailiwick of Guernsey.
3
In this Order “ the Act ” means the Summer Time Act 1972.
2
In relation to the year 1995, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 26th March 1995 and ending at one o'clock Greenwich mean time, in the morning of 22nd October 1995 instead of the period specified in section 1 of the Act.
3
In relation to the year 1996, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 31st March 1996 and ending at one o'clock, Greenwich mean time, in the morning of 27th October 1996 instead of the period specified in section 1 of the Act.
4
In relation to the year 1997, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 30th March 1997 and ending at one o'clock, Greenwich mean time, in the morning of 26th October 1997 instead of the period specified in section 1 of the Act.
5
The following Orders are hereby revoked, namely:
The Summer Time Order 1980 ;
The Summer Time Order 1982 ;
The Summer Time Order 1986 ;
The Summer Time Order 1988 ; and
The Summer Time Order 1989 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (South Norfolk District Council) Order 1994 and shall come into force on 10th January 1995.
Exemption of maintenance of ground
2
Maintenance of ground by the South Norfolk District Council shall not be treated as a defined activity so long as it is undertaken at the following parishes–
Alpington, Ashwellthorpe, Aslacton, Barford, Barnham Broom, Bawburgh, Bracon Ash, Bramerton, Bressingham, Bunwell, Burston, Caistor St Edmunds, Carleton Rode, Claxton, Costessey, Cringleford, Deopham, Diss, Easton, Flordon, Forncett, Framingham Earl, Gissing, Great Melton, Great Moulton, Hempnall, Hethersett, Hingham, Little Melton, Long Stratton, Kimberley, Kirby Bedon, Ketteringham, Morley, Morning Thorpe, Mulbarton, Newton Flotman, Poringland, Rockland St Mary, Roydon, Saxlingham Nethergate, Shelfanger, Shotesham, Stoke Holy Cross, Surlingham, Swainsthorpe, Swardeston, Tacolneston, Tasburgh, Tharston, Tibenham, Trowse with Newton, Wacton, Wicklewood, Winfarthing, Wreningham, Wymondham and Yelverton
before 31st July 1995.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
12th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Metropolitan Police Force (Compensation for Loss of Office) Regulations 1994 and shall come into force on 1st August 1994.
Application
2
1
These Regulations apply to eligible persons.
2
An eligible person is a person —
a
who immediately before 1st April 1994 was a member of the metropolitan police force holding a qualifying rank otherwise than on temporary promotion to it under regulation 8(1) of the Police (Promotion) Regulations 1979 from a rank below inspector;
b
who on that date had not attained the age of 54; and
c
who has after 31st March 1994 and before 1st April 1995 ceased in the circumstances specified in paragraph (4) to be a member of the metropolitan police force.
3
The qualifying ranks are inspector, chief inspector, superintendent and chief superintendent.
4
The circumstances referred to in paragraph (2)(c) are that he was, or but for an election under regulation G4 of the Police Pensions Regulations 1987 (election not to pay pension contributions) would have been, entitled to reckon at least 30 years' pensionable service for the purposes of those Regulations, had not attained the age of 54 and was not —
a
dismissed or required to resign under the Police (Discipline) Regulations 1985 ; or
b
required to retire under regulation A19 (efficiency of the force) or A20 (permanent disablement) of the Police Pensions Regulations 1987.
Compensation payments
3
The Commissioner of Police of the Metropolis may decide that an eligible person is to be paid by the Receiver for the Metropolitan Police District compensation calculated in accordance with the Schedule.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
17th June 1994
We consent
Andrew Mackay
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Essex Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on28th April 1994.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the North East Essex Mental Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 3rd December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 1994 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
30th March 1994


text:
Citation
1
1
This Order may be cited as the Railways Act 1993 (Commencement No. 4 and Transitional Provision) Order 1994.
2
In this Order, “ the Act ” means the Railways Act 1993.
Provisions coming into force
2
The following provisions of the Act shall come into force on 8th March 1994:
sections 118 to 121;
in section 132, subsections (1) to (7), subsection (8) for the purpose of bringing into force the provisions of Schedule 10 referred to in this article, and subsections (9) and (10);
section 133;
section 152(3) for the purpose of bringing into force the provisions of Schedule 14 referred to in this article;
in Schedule 10, paragraphs 1 and 2, and paragraph 3(1) for the purpose of providing for sections 69 and 71 of the Transport Act 1962 to cease to have effect, and paragraph 3(2) and (3);
in Schedule 14, the repeals relating to sections 54(1)(b) and (2), 69 and 71 of the Transport Act 1962.
3
The following provisions of the Act shall come into force on 21st March 1994:
section 4, so far as not already in force;
section 5;
section 52;
in section 54, subsection (2), and subsection (3) for the purposes of the definitions of “franchising functions”, in relation to the Franchising Director, and “railway investment”;
section 138.
4
The following provisions of the Act shall come into force on 31st March 1994:
section 152(3) for the purpose of bringing into force the provisions of Schedule 14 referred to in this article;
in Schedule 14, the repeals relating to Part I of, and Schedule 1 to, the Transport Act 1981 .
5
The following provisions of the Act shall come into force on 1st April 1994:
section 2;
section 3;
section 6, so far as not already in force;
sections 7 to 16;
section 23, so far as not already in force;
section 24;
section 25, so far as not already in force;
sections 26 to 28;
section 29, so far as not already in force;
section 30;
section 31;
sections 34 to 51;
section 53;
section 54, so far as not already in force;
sections 55 to 69;
sections 71 to 80;
section 83, so far as not already in force;
section 86;
section 87, so far as not already in force;
section 93, so far as not already in force;
sections 122 to 125;
section 129;
sections 135 to 137;
section 141, so far as not already in force;
section 145, so far as not already in force;
section 150, so far as not already in force;
in section 152, subsection (1) for the purpose of bringing into force the provisions of Schedule 12 referred to in this article, subsection (2) for the purpose of bringing into force the provisions of Schedule 13, and subsection (3) for the purpose of bringing into force the provisions of Schedule 14 referred to in this article;
Schedule 2;
Schedule 3;
Schedules 5 to 7;
in Schedule 12, all paragraphs so far as not already in force except paragraph 32;
Schedule 13;
in Schedule 14, all repeals so far as not already in force except the repeals relating to:
section 70 of the Transport Act 1962;
section 8 of the Railways Act 1974 ;
section 36 of the Transport Act 1981.
6
Sections 17 to 22 of, and Schedule 4 to, the Act shall come into force on 2nd April 1994.
Transitional provision
7
Without prejudice to section 17(2) of the Interpretation Act 1978 , any person who, immediately prior to the coming into force of the amendments made to section 53 of the British Transport Commission Act 1949 by Schedule 10 to the Railways Act 1993, is or is deemed to have been appointed to act as a constable throughout England and Wales or, as the case may be, in Scotland under the said section 53 shall be deemed thereafter to have been appointed so to act under the said section 53 as amended by the said Schedule 10.
Signed by authority of theSecretary of State for Transport
Roger Freeman
Minister of State,
Department of Transporth
7th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment Order 1994 and shall come into force on 12th October 1994.
2
In this Order, “the principal Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 2 of the principal Order
2
After paragraph (2) of article 2 of the principal Order (temporary exemption for certain products for human use) there shall be inserted the following paragraphs —
3
The restrictions imposed by section 52 shall not apply during the period specified in paragraph (4) to the sale, offer or exposure for sale or supply of any medicinal product —
a
in respect of which a certificate of registration, granted pursuant to the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 , is in force;
b
which is neither of a description nor in a class specified in an order under section 58(1) (medicinal products on prescription only) which is for the time being in force;
c
which is not a controlled drug;
d
which does not fall within a class specified in Schedule 3 to the Medicines (General Sale List) Order 1984 ;
if and so long as either the medicinal product is sold, offered or exposed for sale or supplied by or under the supervision of a pharmacist or the conditions specified in section 53 (sale or supply of medicinal products on general sale list) are fulfilled.
4
The period referred to in paragraph (3) is that of two years from the date of the grant of the certificate of registration.
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
6th September 1994
John Redwood
Secretary of State for Wales
6th September 1994
Allan Stewart
Parliamentary Under Secretary of State, The Scottish Office
6th September 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
7th September 1994.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Suffolk Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the West Suffolk 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 26th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 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
8th September 1994


text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Special Premium (Amendment) Regulations 1994, shall extend to Great Britain and shall come into force on 1st January 1995.
Amendments to the Beef Special Premium Regulations 1993
2
1
The Beef Special Premium Regulations 1993 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
before the semi-colon at the end of the definition of “Council Regulation 805/68” insert “and Council Regulation ( EC ) No.3611/93 ”;
b
insert the following definition after the definition of “national administrative document” —
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
;
c
insert the following definition after the definition of “retention period”
“Scheme year” means any calendar year in respect of which Community premium may be paid and includes any part of a retention period in relation to an application for that premium in respect of a given calendar year (whether or not the starting date for its commencement is set in accordance with regulation 9) which falls within the following calendar year;
;
d
substitute the following definition of “third country” for the existing definition of that phrase —
“third country” means any country or territory other than Northern Ireland or another member State;
,
and delete the word “and” immediately following it; and
e
substitute a semi-colon for the full stop at the end of the definition of “transitional premium” and insert after that definition the following definition —
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by livestock or excessive rutting by vehicles.
.
3
Insert the following regulations after regulation 9 —
Overgrazing
9A
1
Subject to paragraph (2) below, where in the calendar year preceding any Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of animals which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other beasts likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
2
The appropriate Minister may in the calendar year preceding any Scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where the appropriate Minister has made a notification under paragraph (1) above no Community premium shall be paid in respect of the Scheme year for which it was issued on any number of animals grazed and maintained in that Scheme year on the parcel of land to which it relates in excess of the maximum number of animals specified in it.
4
Where the appropriate Minister has made a notification under paragraph (1) above and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,
he may withhold or recover on demand the whole or any part of the Community premium otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.
Unsuitable supplementary feeding methods
9B
1
Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3) below, reduce or withhold the amount of Community premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2) below.
2
Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of Community premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of Community premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld.
3
Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year.
4
In paragraph (4) of regulation 11 (powers of authorised persons) —
a
delete the word “and” at the end of sub-paragraph (b);
b
substitute a semi-colon followed by the word “and” for the full stop at the end of sub-paragraph (c); and
c
insert the following sub-paragraph after sub-paragraph (c) —
d
inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
8th December 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th December 1994


text:
Title and commencement
1
This Order may be cited as the Council Tax Limitation (Sheffield City Council) (Maximum Amount) Order 1994 and shall come into force on the day after the day on which it is made.
Maximum amount
2
The amount which the amount calculated by the council of the city of Sheffield as its budget requirement for the financial year beginning in 1994 is not to exceed is £381,650,000 which amount does not exceed the amount already calculated by the authority as its budget requirement for that year.
David Curry
Minister of State,
Department of the Environment
25th May 1994


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 and shall come into force on 1st January 1995.
2
This Part, Part II, and the Schedule extend to the whole of the United Kingdom.
3
Part III and regulations 11(3) and 14 extend to England and Wales and to Scotland, but not to Northern Ireland.
4
Regulations 11(1) and 12 extend to England and Wales only.
5
Regulations 11(2) and 13 extend to Scotland only.
Interpretation
2
In these Regulations —
“the 1974 Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 ,
“the 1979 Regulations ” means the National Health Service (Vocational Training) Regulations 1979 ,
“the 1979 Northern Ireland Regulations ” means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979 ,
“the 1980 Regulations ” means the National Health Service (Vocational Training) (Scotland) Regulations 1980 ,
“the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 ,
“certificate of acquired rights” means a certificate issued under article 36(4) of the Medical Directive , to the effect that its holder has an acquired right to practise as a general medical practitioner under the national social security scheme of the issuing State without a vocational training certificate,
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,
“EEA State” means a State which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Leichtenstein,
“ FHSA ” means Family Health Services Authority,
“ JCPTGP ” means the Joint Committee on Postgraduate Training for General Practice,
“Medical Directive” means Council Directive 93/16/ EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications , certain provisions of which (as they had effect on the date these Regulations were made) are set out in the Schedule to those Regulations,
“vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.
PART II
SPECIFIC TRAINING IN GENERAL MEDICAL PRACTICE
Competent Authority
3
1
The JCPTGP is the competent authority in the United Kingdom for all the purposes of Title IV of the Medical Directive (which relates to specific training in general medical practice) except as mentioned in paragraph (2).
2
For the purposes of article 37 of the Medical Directive (recognition of certificates), the General Medical Council is responsible for recognising vocational training certificates and certificates of acquired rights issued in EEA States other than the United Kingdom.
Vocational training certificate
4
For the purposes of article 30 of the Medical Directive (which requires member States to institute specific training in general medical practice), the vocational training certificates issued in the United Kingdom are —
a
a certificate of prescribed experience issued by the JCPTGP in connection with training completed after 31st December 1994 under —
i
regulation 6 (certificate of prescribed experience) or 10 (procedure on appeal) of the 1979 Regulations or of the 1980 Regulations, or
ii
regulation 5 (certificate of prescribed experience) or 9 (procedure on appeal) of the 1979 Northern Ireland Regulations;
b
a certificate of equivalent experience, annotated to the effect that the medical experience in respect of which the certificate was issued complied with all the requirements of the Medical Directive relating to specific training in general medical practice, issued by the JCPTGP in connection with training completed after 31st December 1994 under —
i
regulation 7 (certificate of equivalent experience) or 10 (procedure on appeal) of the 1979 Regulations or of the 1980 Regulations, or
ii
regulation 6 (certificate of equivalent experience) or 9 (procedure on appeal) of the 1979 Northern Ireland Regulations.
Acquired rights
5
1
For the purposes of article 36(2) of the Medical Directive (which requires each member State to specify the acquired rights that it recognises for the purpose of exercising general medical practice under its national social security scheme without a vocational training certificate), a doctor has an acquired right to practise as a general medical practitioner providing general medical services in the United Kingdom if —
a
on 31st December 1994 his name was included in a medical list kept by an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland;
b
on 31st December 1994 he was suitably experienced within the meaning of section 31 of the National Health Service Act 1977 , section 21 of the National Health Service (Scotland) Act 1978, or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (other than by virtue of —
i
regulation 8(1)(e) of the 1979 or of the 1980 Regulations or regulation 7(1)(d) of the 1979 Northern Ireland Regulations (exemption for applications to be a restricted services principal), or
ii
regulation 8(1)(h) of the 1979 or of the 1980 Regulations or regulation 7(1)(g) of the 1979 Northern Ireland Regulations (exemption for doctors who are EC nationals)),
even if on that date he had yet to obtain a certificate of prescribed or of equivalent experience under any of those Regulations;
c
on 31st December 1994 he was established in the United Kingdom by virtue of a qualification in medicine awarded in an EEA State other than the United Kingdom which had in his case to be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement), or by virtue of any enforceable Community right, as entitling him to be registered, or to practise as if he were registered, under section 3 of the Medical Act 1983 as a fully registered medical practitioner; or
d
(subject to paragraph (2)) on at least 10 days in the period of 4 years ending with 31st December 1994, or on at least 40 days in the period of 10 years ending with that date, he had —
i
been engaged as a deputy by, or provided as a deputy to, a doctor whose name was included in the medical list of an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland, or
ii
been employed as an assistant (other than as a trainee general practitioner) by such a doctor.
2
For the purposes of paragraph (1)(d), engagement or provision as a deputy for a period of less than 24 hours beginning before but ending after midnight counts as engagement or provision on the second day only.
3
The JCPTGP shall, if a doctor so requests in writing, issue a certificate of acquired rights to him if it is satisfied that he has an acquired right specified in paragraph (1).
4
It is hereby declared that —
a
a restricted services principal is not entitled to practise otherwise than in accordance with the restriction which applies in his case merely because he has the acquired right specified in paragraph (1)(a); and
b
a doctor is not entitled to be considered as suitably experienced for the purposes of section 31 of the National Health Service Act 1977, section 21 of the National Health Service (Scotland) Act 1978, or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 merely because he has the acquired right specified in paragraph (1)(d).
5
In this regulation, “medical list” and “restricted services principal” mean the same as in the 1974 Regulations, the 1992 Regulations or the Health and Personal Social Services (General Medical and Pharmaceutical Services) Regulations (Northern Ireland) 1973 , as the case may be.
PART III
AMENDMENT OF VOCATIONAL TRAINING REGULATIONS
Interpretation of the 1979 Regulations and of the 1980 Regulations
6
In regulation 2(1) of the 1979 Regulations and of the 1980 Regulations (interpretation), after the definition of “the Joint Committee” insert —
“Medical Directive” means Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications ;
.
Prescribed experience
7
1
Regulation 5 of the 1979 Regulations and regulation 5 of the 1980 Regulations (prescribed experience) are each amended as follows.
2
After paragraph (2) insert —
2A
For the purposes of paragraph (1)(b), employment which is not whole-time cannot count as “equivalent” to whole-time employment unless it includes at least two periods of whole-time employment, each lasting not less than one week, one such period falling within paragraph (i) and one within paragraph (ii).
.
3
In paragraph (3), for “occupied less than half” substitute “, taken week by week, occupied less than 60%”.
4
After paragraph (3) insert —
3A
The Joint Committee shall supervise the training referred to in paragraph (1)(b), and shall in particular secure that it complies with the requirements of article 31(1) of the Medical Directive, or (in the case of part-time training) article 31(1) as appropriately modified together with article 34.
.
5
Paragraphs (2) and (3) of this regulation, and paragraph (4) so far as the amendment it makes refers to article 34 of the Medical Directive, have effect only in relation to a period of training begun after 31st December 1994.
Certificate of prescribed experience
8
After regulation 6(2) of the 1979 Regulations and of the 1980 Regulations (certificate of prescribed experience) insert —
2A
A certificate of prescribed experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.
.
Certificate of equivalent experience
9
After regulation 7(2) of the 1979 Regulations and of the 1980 Regulations (certificate of equivalent experience) insert —
2A
A certificate of equivalent experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.
2B
If they are satisfied that the medical experience in respect of which a certificate of equivalent experience is to be issued complies with all the requirements of the Medical Directive relating to specific training in general medical practice, the Joint Committee shall annotate the certificate to that effect.
.
Exemptions from vocational training
10
1
Regulation 8 of the 1979 Regulations and regulation 8 of the 1980 Regulations (exemptions) are each amended as follows.
2
In paragraph (1)(e), at the end insert “but only if the applicant’s name was included in a medical list on 31st December 1994 for the provision of general medical services limited in a way which included those specified in the application;”.
3
For paragraph (1)(h) substitute —
h
if he has a qualification in medicine awarded in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement), or by virtue of any enforceable Community right, as entitling him to be registered, or to practise as if he were registered, under section 3 of the Medical Act 1983 (which provides for registration by virtue of primary United Kingdom or primary European qualifications) as a fully registered medical practitioner, and he was established in the United Kingdom on 31st December 1994 by virtue of that qualification,
i
if he holds a vocational training certificate or a certificate of acquired rights issued in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of any enforceable Community right.
.
4
After paragraph (1) insert —
1A
For the purposes of paragraph (1) —
“certificate of acquired rights” means a certificate issued under article 36(4) of the Medical Directive, to the effect that its holder has an acquired right to practise as a general medical practitioner under the national social security scheme of the issuing State without a vocational training certificate,
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,
“EEA State” means a State which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein,
“vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.
.
5
Paragraph (2) has effect only in relation to applications made after 31st December 1994.
PART IV
GENERAL MEDICAL SERVICES
Temporary provision of general medical services
11
1
In regulation 25 of the 1992 Regulations (temporary provision of services), after paragraph (6) insert —
6A
No doctor may be appointed under paragraph (2) or (6) unless he is suitably experienced (other than by virtue of being a restricted services principal) within the meaning of section 31 of the Act.
.
2
In regulation 20 of the 1974 Regulations (temporary provision of general medical services) , after paragraph (7) insert —
7A
No doctor may be appointed under paragraph (2) or (7) unless he is suitably experienced (other than by virtue of being a restricted services principal) within the meaning of section 21 of the Act.
.
3
This regulation is without prejudice to any appointment subsisting when these Regulations come into force.
Assistants and deputies England and Wales
12
1
This regulation is subject to regulation 14.
2
Schedule 2 to the 1992 Regulations (terms of service for doctors) is amended as follows.
3
In paragraph 22 (which provides that a doctor must obtain the consent of the FHSA before entering into arrangements with a deputising service) —
a
in sub-paragraph (1), for “obtain the consent of the FHSA” substitute —
a
obtain the written agreement of the deputising service that any doctor provided to him by the deputising service will be suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restriced services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ; and
b
obtain the consent of the FHSA.
;
b
after sub-paragraph (1) insert —
1A
The FHSA shall refuse its consent if the doctor has not obtained the written agreement of the deputising service as referred to in sub-paragraph (1)(a).
;
c
in sub-paragraph (2), for “may impose such” substitute —
a
shall impose the condition that the agreement referred to in sub-paragraph (1)(a) remain in force; and
b
may impose such other
; and
d
after sub-paragraph (2), insert —
2A
References below in this paragraph to refusing consent and to conditions do not include refusing consent under sub-paragraph (1A) or the condition set out in sub-paragraph (2)(a).
.
4
After paragraph 22 insert —
22A
1
A doctor shall not engage another doctor as a deputy, or employ one as an assistant (other than as a trainee general practitioner), unless the other doctor —
a
is suitably experienced within the meaning of section 31 of the Act (other than by virtue of being a restricted services principal); or
b
has the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 .
2
A doctor shall from time to time, and at any time when there are grounds for doing so, take reasonable steps to satisfy himself that a deputising service with which he has entered into arrangements for the provision of any deputy continues to comply with the agreement referred to in paragraph 22(1)(a).
3
If the FHSA so requests, a doctor shall furnish it with evidence that such a deputising service is continuing to comply with that agreement.
.
5
In paragraph 28 (employees), after paragraph (1) insert —
1A
The duty imposed by paragraph (1) is in addition to the duty imposed by paragraph 22A(1) so far as it relates to assistants.
.
Assistants and deputies Scotland
13
1
This regulation is subject to regulation 14.
2
Part 1 of Schedule 1 to the 1974 Regulations (terms of service for doctors) is amended as follows.
3
In paragraph 12A (which provides that a doctor must obtain the consent of the Board before entering into arrangements with a deputising service —
a
in sub-paragraph (1), for “obtain the consent of the Board” substitute —
a
obtain the written agreement of the deputising service that any doctor provided to him by the deputising service will be suitably experienced within the meaning of section 21 of the Act (other than by virtue of being a restricted services principal) or will have the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ; and
b
obtain the consent of the Board.
;
b
after sub-paragraph (1) insert —
1A
The Board shall refuse its consent if the doctor has not obtained the written agreement of the deputising service as referred to in sub-paragraph (1)(a).
;
c
in sub-paragraph (2), for “may impose such” substitute “shall impose the condition that the agreement referred to in sub-paragraph (1)(a) remain in force, and may impose such other”; and
d
after sub-paragraph (2) insert —
2A
References below in this paragraph to refusing consent and to conditions do not include refusing consent under sub-paragraph (1A) or the condition set out in sub-paragraph (2).
.
4
After paragraph 12A insert —
12AA
1
A doctor shall not engage another doctor as a deputy, or employ one as an assistant (other than as a trainee general practitioner), unless the other doctor —
a
is suitably experienced within the meaning of section 21 of the Act (other than by virtue of being a restricted services principal); or
b
has the acquired right specified in regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 .
2
A doctor shall from time to time, and at any time when there are grounds for doing so, take reasonable steps to satisfy himself that a deputising service with which he has entered into arrangements for the provision of any deputy continues to comply with the agreement referred to in paragraph 12A(1)(a).
3
If the Board so requests, a doctor shall furnish it with evidence that such a deputising service is continuing to comply with that agreement.
.
5
In paragraph 12B (employees) , after paragraph (1) insert —
1A
The duty imposed by paragraph (1) is in addition to the duty imposed by paragraph 12A(1) so far as it relates to assistants.
.
Existing circumstances
14
1
Nothing in regulation 12 or 13 requires a doctor to terminate or vary any existing contract of employment or contract for services, or any existing arrangement he has with a deputising service, before he has the right to do so under the terms of the contract or arrangement.
2
In paragraph (1), “existing” means existing on the date these Regulations come into force.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State (Department of Health)
8th December 1994
Fraser of Carmyllie
Minister of State, The Scottish Office
8th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Special Educational Needs) (Information) Regulations 1994 and shall come into force on 1st September 1994.
Publication of information about special educational needs
2
1
The governing body of each county, voluntary, or grant–maintained school, shall publish information about the matters set out in Schedule 1.
2
The governing body of each maintained or grant–maintained special school, other than a special schoool established in a hospital, shall publish information about the matters set out in Schedule 2.
3
The governing body of each maintained or grant–maintained special school which is established in a hospital shall publish information about the matters set out in Schedule 3.
Manner of publication of information
3
1
The information referred to in regulation 2 shall be published in a single document by making copies available free of charge–
a
for distribution–
i
to parents of pupils or prospective pupils, and
ii
to the local education authority, District Health Authority or funding authority for the area in which the school is situated,
who or which request a copy at the school or through the post; and
b
for reference at the school.
2
The first occasion on which copies of the document referred to in paragraph (1) above are made available in accordance with that paragraph shall be no later than 1st August 1995.
Publication of information – supplementary
4
Where the information referred to in regulation 2 is to be published by the local education authority with the agreement of the governing body pursuant to section 8(6) of the Education Act 1980 , it shall be supplied to them by the governing body and shall be published without material alteration.
Annual reports
5
1
The annual report for each county, voluntary, maintained special, grant– maintained or grant–maintained special school shall include a report containing the information about the implementation of the governing body’s policy for pupils with special educational needs as specified in Schedule 4.
2
Paragraph (1) above shall apply in relation to the first annual report prepared after 1st August 1995 and to each annual report prepared thereafter.
Modification of the Education Act 1993 in relation to grant–maintained special schools
6
The provisions of Part II, Chapter X and Part III of the Education Act 1993 set out in paragraphs (a) and (b) below shall have effect with the modifications as therein stated–
a
section 153 (provision of information by governing body) shall apply to the governing body of a grant–maintained special school; and
b
section 161(5) (duties of governing body etc. in relation to pupils with special educational needs) shall apply to each grant–maintained special school and the reference in that subsection to “annual report” shall include a report prepared under the articles of government of a grant–maintained special school.


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (United States of America Dividends) (Amendment) Regulations 1994 and shall come into force on 16th June 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Double Taxation Relief (Taxes on Income) ( U.S.A. ) Regulations 1946 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(2) —
a
for the definition of “paying agent” there shall be substituted the following definition —
“chargeable person” means any person mentioned in paragraph 6(1)(c) or (d) of Schedule 3 to the Income and Corporation Taxes Act 1988;
;
b
in the definition of “gross amount” for the words “entrusted to the paying agent for payment” there shall be substituted the words “obtained by the chargeable person”.
4
Regulation 3 shall be omitted.
5
1
In regulation 4(1) —
a
for the words “paying agent” there shall be substituted the words “chargeable person”;
b
the words “, out of the money in his hands,” shall be omitted.
2
In regulation 4(2) —
a
for the words “paying agent” there shall be substituted the words “chargeable person”;
b
in paragraph (i) of sub–paragraph (b) the words “entrusted to him for payment” shall be omitted;
c
in paragraphs (ii) and (iii) of sub–paragraph (b) for the words “entrusted to him for payment” in each place where they occur there shall be substituted the word “paid”.
3
Regulation 4(3) shall be omitted.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
25th May 1994


text:
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the Principal Regulations ” means the Wireless Telegraphy (Licence Charges) Regulations 1991 as amended by the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1992 .
3
In regulation 3 of the Principal Regulations,
a
for the table in paragraph (4) there shall be substituted the table set out in Schedule 1 to these Regulations;
b
before the word “Local” in lines 1 and 4 of paragraph (6) there shall be inserted the words “National and”; and
c
for the words “17th January 1992” in paragraph (6) there shall be substituted the words “25th February 1994”.
4
In regulation 4 of the Principal Regulations for the words “regulations 5, 6 and 8” in paragraph (1) there shall be substituted the words “regulations 5, 6, 8 and 9”.
5
The following shall be inserted as regulation 9 of the Principal Regulations: —
In relation to a Band III Private Mobile Radio National Trunked Service Licence, a Band III Private Mobile Radio Regional Trunked Service Licence, a National Public Data Network Service Licence, a National Public Radiotelephone System Licence and a Personal Communications Network Licence, where any such licence has been issued to a licensee in respect of a station or stations and another licensee subsequently applies for a licence in respect of that station or those stations, as the case may be, that licensee shall assume the position of the previous licensee on the fee scale applicable thereto set out in the Schedule.
.
6
For the Schedule to the Principal Regulations there shall be substituted the Schedule set out in the Schedule 2 to these Regulations.
Patrick McLoughlin
Parliamentary Under-Secretary of State,
Department of Trade and Industry
1st March 1994
We consent to these Regulations,
Irvine Patnick
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1994


text:
1
These Regulations may be cited as the Access for Community Air Carriers to Intra-Community Air Routes (Second Amendment and other Provisions) Regulations 1994 and shall come into force on 1st July 1994.
2
1
The Access for Community Air Carriers to Intra-Community Air Routes Regulations 1992 shall be amended as follows.
2
In regulation 2(1) for the words “Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 ”.
3
In regulation 2, after paragraph (1), there shall be inserted the following paragraph —
1A
In these Regulations —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.
.
4
In regulation 4(c) for the words “another member State” there shall be substituted the words “another EEA State”.
5
In regulation 5(a) for the words “territory of Svalbard” there shall be substituted the words “territories of Svalbard and the land islands”.
6
In regulation 5(d) for the words “another member State” there shall be substituted the words “another EEA State”.
7
In regulation 5(f) for the words “another member State” there shall be substituted the words “another EEA State”.
8
In regulation 6 for the words “another member State” there shall be substituted the words “another EEA State”.
3
In paragraph (1) of article 88 of the Air Navigation Order 1989 for the words “Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994”.
4
In section 3 of the Highlands and Islands Air Services (Scotland) Act 1980 in the definition of “air services” for the words “Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994”.
5
In section 3 of the Highlands and Islands Air Services (Scotland) Act 1980 after the definition of “air services” there shall be inserted the following definition —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and
.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Two Shires Ambulance National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the Buckinghamshire Health Authority;
“the Trust” means the Two Shires Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 30th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 1994 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
30th March 1994


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Partial Revocation) Order 1994 and shall come into force on 19th January 1994.
Partial Revocation
2
1
The Food Protection (Emergency Prohibtions) (Radioactivity in Sheep) (England) (Order) 1991 is hereby revoked so far as it designates any part of the area set out in Part I of the Schedule to this Order.
2
In consequence of that revocation the designated area for the purposes of that Order is that area set out in Part II of the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th January 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food


text:
Citation
1
This Order may be cited as the Medicinal Products: Prescription by Nurses etc. Act 1992 (Commencement No. 1) Order 1994.
Appointed Day
2
3rd October 1994 is the day appointed for the coming into force of sections 1 and 2 of the Medicinal Products: Prescription by Nurses etc. Act 1992.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State, (Department of Health)
12th September 1994


text:
Citation and commencement
1
The Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) (Amendment) Regulations 1994 and shall come into force on 22nd March 1994.
Amendments
2
Schedule 1 to the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) Regulations 1991 is amended by inserting the word “i” before the words “aelod o'ch teulu” in Note 51 (Nodyn 51) of Form 1 (Ffurflen 1) and Form 2 (Ffurflen 2).
John Redwood
Secretary of State for Wales
17th February 1994


text:
1
This Order may be cited as the Designs (Convention Countries) Order 1994 and shall come into force on 13th January 1995.
2
The countries specified in Schedule 1 to this Order are convention countries for the purposes of all the provisions of the Registered Designs Act 1949.
3
Insofar as they have effect in relation to designs the Orders specified in Schedule 2 to this Order are hereby revoked.
R.P. Bulling
Deputy Clerk of the Privy Council


text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 and shall come into force on 9th January 1995.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Act 1992;
“abolished authority” means a local authority which is wound up and dissolved by an order;
“designated authority” in relation to an abolished authority means —
where there is one successor authority, that authority;
where there are two or more successor authorities, the successor authority specified in an order as the designated authority for the purposes of the Local Government changes for England (Finance) Regulations 1994 ;
“order” means an order under section 17 of the 1992 Act which effects a structural change, and “order date” in relation to a relevant authority means the date on which an order comes into force, or, if there is more than one such date, the first of them;
“relevant authority” means a transferor authority or successor authority;
“reorganisation date” in relation to an authority for any area means the date on which any structural change, or boundary change made for the purpose of facilitating a structural change, affecting that area takes effect;
“shadow authority” in relation to a new authority means the authority established for the purposes of that authority in pursuance of the Local Government Changes for England Regulations 1994 ;
“successor authority” in relation to an abolished authority means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under section 21 or 22 of the Act ) in relation to an area, being functions which before that date were the functions of an abolished authority in relation to that area, and
“transferor authority” in relation to a successor authority means the authority whose functions are so transferred.
PART II
DIRECT LABOUR ORGANISATIONS
Interpretation
3
In this Part —
a
“the Act” means the Local Government, Planning and Land Act 1980 ;
b
expressions used which are also used in the Act have the meanings assigned by section 20 of the Act, and
c
“the reorganisation period” means the period beginning with the order date and ending with the expiry of 18 months beginning on the reorganisation date.
Works contracts: transitional provision
4
Subject to regulations 7 to 9 below, where rights and liabilities under a works contract become vested in a successor authority, sections 10 to 19B of the Act shall apply on and after the reorganisation date in relation to the successor authority in respect of that contract as they applied before that date in relation to the transferor authority.
Functional work: disapplication of tendering requirements
5
1
This regulation applies to functional work of a relevant authority undertaken in the reorganisation period, other than work to be undertaken under a single arrangement —
a
in relation to which the response date falls on or before the order date, or
b
which is to be completed in a period of less than a year, or
c
which has an annual cost in any relevant year of less than £200,000.
2
In paragraph (1) above “response date” in relation to any work means the date specified by the authority as the date by which persons invited in pursuance of section 9(4) of the Act to offer to undertake that work must respond to that invitation.
3
Subject to the following provisions of this regulation, nothing in section 9 of the Act shall require a relevant authority to have complied with the conditions in subsection (4) of that section in relation to work to which this regulation applies.
4
But a relevant authority shall, in relation to work to which this regulation applies, draw up the conditions which would have been specified by them for the purposes of section 9(4)(a) of the Act but for paragraph (3) above.
5
Nothing in this regulation shall be construed as preventing the Secretary of State from serving a notice under section 19A(1)(b) of the Act informing the authority that it appears to him —
a
that they have estimated the annual cost of work to amount to £200,000 or more, but that the work is functional work which could most economically and efficiently be undertaken in more than one arrangement at least one of which would have an estimated annual cost of less than £200,000; or
b
that the work is to be or was undertaken in a period of a year or more, but that it appears to him that it could most economically and efficiently be or have been undertaken in a period of less than a year;
and that it therefore appears to him that the provisions of section 9(4)(aaaa) of the Act have not been complied with as regards that work.
6
In this regulation —
“annual cost” in relation to any work and any relevant year, means the amount estimated by the authority as the amount which, if the authority were to undertake the work, would fall to be credited in pursuance of section 12 of the Act to the account kept in respect of that work and that year, and
“relevant year”, in relation to any work, means any financial year during which the work is to be undertaken.
Functional work: transitional provision
6
1
Subject to the following provisions of this Part, sections 9 to 19B of the Act shall apply on and after the order date in respect of functional work in relation to a successor authority as they would, but for the order, have applied to the transferor authority; and, in particular, as if the successor authority had prepared the written statement required by section 9(2).
2
Where in relation to any functional work there is more than one successor authority, the provisions applied by paragraph (1) above shall have effect in relation to that work as if the amount stated in that written statement (“the stated amount”) had been the amount which each successor authority estimate to bear the same relation to the stated amount as the value of the work falling to be carried out by them bears to the value of the whole of the work.
Abolished authorities: annual reports, accounts etc.
7
1
Subject to the following provisions of this Part, in relation to an abolished authority and any financial year ending before the reorganisation date, the functions conferred on that authority by sections 10 to 14 and 18 shall be exercisable on and after that date by the designated authority.
2
But section 18(2A) of the Act shall not apply in respect of a report required by virtue of this regulation to be prepared in relation to a financial year by a designated authority; and the designated authority shall, not later than 31st October in the financial year following that to which the report relates, send a copy of each such report to —
a
the Secretary of State;
b
the auditor of the transferor authority, and
c
any other successor authority in relation to the transferor authority.
Enforcement: notices
8
1
Where it appears to the Secretary of State that construction or maintenance work has been undertaken in circumstances where the transferor authority has failed to comply with any of paragraphs (a) to (g) of section 19A(1) of the Act, he may serve on such successor authority or authorities as he sees fit a written notice falling within paragraph (2) below.
2
The notice is one which —
a
informs the successor authority that it appears to him that the transferor authority have acted as mentioned in one of the paragraphs (identified in the notice) of section 19A(1),
b
identifies the work and states why it so appears, and
c
contains the requirement mentioned in paragraph (3) below.
3
The requirement is that the authority submit to him within such time as is specified in the notice a written response which —
a
states that the transferor authority have not acted as mentioned in the paragraph concerned of section 19A(1)(a) and justifies the statement, or
b
states that the transferor authority have so acted and gives reasons why he should not give a direction under section 19B of the Act;
and section 19A(4) of the Act shall apply in relation to notices under this regulation as it applies in relation to notices under that section.
Enforcement: directions
9
Where the Secretary of State —
a
has served a notice on a transferor authority under section 19A of the Act, or on a successor authority under regulation 8 above, and
b
the time specified in the notice has expired (whether or not he has received a written response to the notice), and
c
it still appears to him that the authority specified in the notice have acted as mentioned in the paragraph concerned of section 19A(1),
section 19B(2) to (7) of the Act shall apply in relation to that notice as if references to the authority or body were references to the successor authority.
Joint committees
10
Where, by virtue of an order, a joint committee to which section 19 of the Act applies ceases to exist, or to exercise functions over the whole of the area in respect of which it was established, for the purposes of these Regulations the committee shall, on and after the reorganisation date, be treated as a transferor authority.
Small workforces: transitional provision
11
1
Where during the reorganisation period a successor authority undertake work comprised in an arrangement in relation to which Part III of the Act did not, by reason of section 21 of the Act, apply in relation to the transferor authority in the year ending immediately before the reorganisation date, nothing in that section shall require the authority to comply with the requirements of that Part in respect of that work.
2
In relation to a new authority, Part III of the Act shall not apply during the reorganisation period if before the reorganisation date the shadow authority estimate that during that period the new authority will not at any one time employ more than fifteen persons (other than persons excluded by section 21(2) of the Act from the application of section 21 (1)) to be engaged (whether wholly or partly) in carrying out or undertaking construction and maintenance work.
PART III
COMPETITION
Interpretation etc.
12
1
In this Part —
a
“the Act” means the Local Government Act 1988;
b
expressions used which are also used in the Act have the meanings assigned by section 3 of the Act;
c
“excepted housing work” means work falling within the defined activity in section 2(2)(h) (housing management) of the Act , where either —
i
the gross cost of that activity as estimated by the transferor authority if carried out by that authority in the financial year immediately preceding the reorganisation date would not exceed £500,000; and by virtue of an order, or of regulations under section 19 of the 1992 Act, 1,000 dwellings or more are transferred to the successor authority; or
ii
the total number of dwellings managed by the successor authority on the reorganisation date is 15,000 or more;
d
“the reorganisation period” means the period beginning on the order date and ending the expiry of —
i
2 years beginning on the reorganisation date in relation to excepted housing work, and
ii
18 months beginning on that date in relation to other work.
Works contracts: transitional provision
13
Subject to regulations 16 to 18 below, where rights and liabilities under a works contract become vested in a successor authority, sections 9 to 14 of the Act shall apply on and after the reorganisation date to the successor authority in respect of that contract as they applied before that date in relation to the transferor authority.
Functional work: disapplication of tendering requirements
14
1
This regulation applies to functional work of a relevant authority carried out in the reorganisation period, other than work falling within the defined activity (housing management) in section 2(2)(h) of the Act, or to be carried out under a single arrangement —
a
in respect of which the response date falls on or before the order date; or
b
which is to be completed in a period of less than a year, or
c
in relation to which, in any relevant year, the relevant annual amount is less than £200,000.
2
In paragraph (1) above “response date” in relation to any work means the date specified by the authority as the date by which any persons invited in pursuance of section 7(4) of the Act to carry out that work must respond to that invitation.
3
Subject to the following provisions of this regulation, nothing in section 6 of the Act shall require a relevant authority to have complied with the first five conditions set out in section 7 of the Act in relation to work to which this regulation applies.
4
But a relevant authority shall, before carrying out any such work —
a
draw up a detailed specification of the work; and
b
through their direct service organisation or a similar organisation, prepare a written statement of the amount which, but for paragraph (1) above, they would have included in a bid indicating their wish to carry out the work for the purposes of section 7(6) of the Act.
5
In relation to work to which this regulation applies —
a
section 7(8) of the Act shall apply as if the reference to the detailed specification mentioned in subsections (2) and (3) of that section were a reference to the detailed specification prepared under paragraph (4)(a) above;
b
section 9(4) of the Act shall apply as if the reference to any bid prepared under section 7(6) of the Act were a reference to the statement prepared under paragraph (4)(b) above; and
c
section 13(1)(b) and section 14(1)(c) of the Act shall apply as if the requirement contained in paragraph (4) above were one of the six conditions required to be fulfilled by section 6 of the Act.
6
Nothing in this regulation shall be construed as preventing the Secretary of State from serving a notice under section 13(1)(b) of the Act informing the authority that it appears to him —
a
that notwithstanding that the relevant annual amount applicable in relation to that work is equal to or greater than £200,000, that work could be or could have been carried out most economically and efficiently under more than one arrangement, and that, if it were so carried out, the relevant annual amount for at least one of those arrangements would be less than £200,000; or
b
that the work is to be or was carried out in a period of a year or more, but that it could most economically and efficiently be carried out or have been carried out in a period of less than a year;
and that therefore it appears to him that the condition set out in section 7(7) of the Act has not been fulfilled as regards that work.
7
in this regulation —
“relevant annual amount” in relation to any relevant year, means —
in relation to work within the defined activity in section 2(2)(ee) of the Act (sports and leisure management) and comprised in a detailed specification prepared in pursuance of section 7(3)(b) of the Act or of this regulation, the amount estimated by the defined authority to be the gross income likely to be obtained from carrying out that work in a relevant year in accordance with that specification; and
in relation to work within any other defined activity and comprised within such a specification, means the amount estimated by the authority as the amount which, if the authority were to carry out the work, would fall to be credited in pursuance of section 9(3) of the Act to the account kept in respect of that work and that year; and “relevant year”, in relation to any work, means any financial year during which the work is to be carried out.
Functional work: transitional provision
15
1
Subject to the provisions of this Part, in relation to functional work sections 6 to 14 of the Act shall apply on and after the reorganisation date in relation to the successor authority as they would, but for the order, have applied to the transferor authority; and, in particular, as if the successor authority had prepared the written bid referred to in section 7(6) of the Act.
2
Where in relation to any functional work of an abolished authority there is more than one successor authority, the provisions applied by paragraph (1) above shall have effect in relation to that work as if the amount stated in the written bid (the “bid amount”) had been the amount which each successor authority estimates to bear the same relation to the bid amount as the value of the work falling to be carried out by them bears to the value of the whole of the work.
Abolished authorities: annual reports, accounts etc.
16
1
Subject to the following provisions of this Part, in relation to an abolished authority and any financial year ending before the reorganisation date, the functions conferred on that authority by sections 9, 11 and 12 of the Act shall be exercisable on and after that date by the designated authority.
2
But section 11(7) of the Act shall not apply in respect of a report required by this regulation to be prepared in relation to a financial year by a designated authority; and the designated authority shall, not later than 31st October in the financial year following that to which the report relates, send a copy of each such report to —
a
the Secretary of State;
b
the auditor of the transferor authority; and
c
any other successor authority in relation to the transferor authority.
Enforcement: notices
17
1
Where it appears to the Secretary of State that a transferor authority have carried out work which falls within a defined activity in circumstances where any of paragraphs (a) to (e) of section 13(1) of the Act applies, he may serve on such successor authority or authorities as he sees fit a written notice falling within paragraph (2) below.
2
The notice is one which —
a
informs the successor authority that it appears to him that the transferor authority have acted as mentioned in one of the paragraphs (identified in the notice) of section 13(1),
b
identifies the work and states why it so appears, and
c
contains the requirement mentioned in paragraph (3) below.
3
The requirement is that the authority submit to him within such time as is specified in the notice a written response which —
a
states that the transferor authority have not acted as mentioned in the paragraph concerned of section 13(1) and justifies the statement, or
b
states that the transferor authority have so acted and gives reasons why he should not give a direction under section 14 of the Act;
and section 13(4) and (5) of the Act shall apply in relation to notices under this regulation and to work specified in such notices as they apply in relation to notices under that section and to work therein specified.
Enforcement: directions
18
Where the Secretary of State —
a
has served a notice on a transferor authority under section 13 of the Act, or on a successor authority under regulation 17 above, and
b
the time specified in the notice has expired (whether or not he has received a written response to the notice), and
c
it still appears to him that the authority specified in the notice have acted as mentioned in the paragraph concerned of section 13(1),
section 14 of the Act shall apply in relation to that notice as if references to the authority or body were references to the successor authority.
Joint committees
19
Where, by virtue of an order, a joint committee to which section 1(4) of the Act applies ceases to exist or to exercise functions over the whole of the area in respect of which it was established, for the purposes of these Regulations the committee shall, on and after the reorganisation date, be treated as a transferor authority.
Small workforces: transitional provision
20
1
Where during the reorganisation period a successor authority carry out work comprised in an arrangement in relation to which the transferor authority were not required to comply with Part I of the Act by reason of article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 (“the 1988 Order ”), that work shall during that period not be treated as comprised in a defined activity.
2
In relation to a new authority, no activity mentioned in section 2(2) of the Act shall be treated as a defined activity during the reorganisation period if before the reorganisation date the shadow authority estimate that the new authority will not incur, as the gross cost of carrying out that activity during the year following that date, a sum exceeding £100,000.
3
For the purposes of this regulation the gross cost of carrying out an activity shall be determined as provided in article 3(3) of the 1988 Order.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
12th December 1994


text:
1
1
These Regulations may be cited as the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1994.
2
This paragraph, regulation 2 below and (so far as it relates to them) paragraph (1) above shall come into force on 1st October 1994.
3
The other provisions of these Regulations shall come into force on 1st January 1995; and regulation 2 below shall thereupon cease to have effect.
4
Regulation 2 of the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1993 is hereby revoked.
2
Paragraph 31 of Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 and Schedule 1 to the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 shall have effect as if references therein to Council Directive 89/686/ EEC of 21st December 1989 on the approximation of the laws of the Member States relating to personal protective equipment were references to that Directive as amended by Council Directive 93/95/EEC of 29th October 1993 .
3
1
The Personal Protective Equipment (EC Directive) Regulations 1992 (“the principal Regulations”), paragraph 31 of Schedule 1 to the aforementioned Provision and Use of Work Equipment Regulations 1992, Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 and Schedule 1 to the aforementioned Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 shall have effect as if references therein to the aforementioned Council Directive 89/686/EEC (in the principal Regulations and in this regulation referred to as “the Directive”) were references to the Directive as amended by both the aforementioned Council Directive 93/95/EEC and Article 7 of Council Directive 93/68/EEC of 22nd July 1993 ; and references to “the Directive” in regulation 4 below shall be construed accordingly.
2
The copy of the Directive printed in the Schedule to the principal Regulations shall be read as if it were amended as provided in the Schedule to the aforementioned Personal Protective Equipment (EC Directive) (Amendment) Regulations 1993 and the Schedule to these Regulations.
4
1
In a case in which Article 13(4) of the Directive (CE marking affixed unduly) applies and Article 7 thereof (safety) does not, an enforcement authority, in performance of the duty imposed by regulation 3(2)(c) of the principal Regulations, may give to the appropriate person a notice —
a
stating that the enforcement authority suspects that the CE marking has been affixed to PPE unduly within the meaning of Article 13(4) of the Directive,
b
specifying the respect in which it is so suspected and giving particulars thereof,
c
requiring the appropriate person —
i
to secure that the PPE conforms as regards the provisions of the Directive concerning the CE marking within such period as may be specified in the notice, or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been properly affixed, and
d
warning the appropriate person that if the non-conformity continues or satisfactory evidence is not provided within that period, action may be taken in accordance with section 14, 16 or 17 of the Consumer Protection Act 1987 ;
and in such a case sections 14, 16 and 17 of the Consumer Protection Act 1987 (applied by regulation 3(2)(b) of the principal Regulations) shall not be applied until such a notice has so been served and the appropriate person upon whom it has been served has failed to comply with its requirements.
2
In paragraph (1) above —
“appropriate person” means the manufacturer of the PPE in question or any authorised representative of his established within the European Economic Area;
“enforcement authority” means a weights and measures authority in Great Britain or a district council in Northern Ireland;
“PPE” means a product to which the Directive applies.
5
Until the end of 1996, sections 13, 14, 16 and 17 of the Consumer Protection Act 1987, regulation 10(1) of the Provision and Use of Work Equipment Regulations 1992, regulation 4(3)(e) of each of the Personal Protective Equipment at Work Regulations 1992 and the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 and regulation 4 above shall not be applied in respect of a failure of a product to comply with the current version of the Directive in any particular if it would have complied with the previous version of the Directive in that particular; and in this regulation —
a
“the current version of the Directive” means Council Directive 89/686/EEC of 21st December 1989 as amended as set out in regulation 3(1) above, and
b
“the previous version of the Directive” means that Directive before its amendment by Council Directive 93/68/EEC of 22nd July 1993.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology
Department of Trade and Industry
5th September 1994


text:
1
This Order may be cited as the Child Abduction and Custody Act 1985 (Isle of Man) Order 1994 and shall come into force on 6th December 1994.
2
In this Order “ the Act ” means the Child Abduction and Custody Act 1985.
3
The Act shall have effect in the United Kingdom as if any reference in the Act to any order which may be made, or any proceedings which may be brought or any other thing which may be done in, or in any part of, the United Kingdom, included a reference to any corresponding order which may be made, or as the case may be, proceedings which may be brought or other thing which may be done in the Isle of Man.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Deregulation and Contracting Out Act 1994 (Commencement No. 2) Order 1994.
2
The provisions of the Deregulation and Contracting Out Act 1994 (“ the Act ”) specified in article 3 below shall come into force on 3rd January 1995.
3
The provisions referred to in article 2 above are —
a
section 8 (Newspaper mergers: meaning of “newspaper proprietor” etc. )
b
section 11 (Restrictive trade practices: registration of commercially sensitive information)
c
section 19 (Bars in licensed premises in England and Wales: children’s certificates)
d
section 35 (Employment Agencies etc.: replacement of licensing)
e
section 36(1) (Unfair dismissal: selection for redundancy)
f
section 39 so far as relating to the Licensing Act 1964 and to section 77 of the Fair Trading Act 1973
g
section 51 (Assessors)
h
section 58 (The 1981 Act)
j
section 62 (Suspension of licences)
k
section 64 (Repeal of section 27 of the 1981 Act)
l
section 67 (Disqualification of PSV operators)
m
section 68 (Chapter IV : minor and consequential amendments) so far as relating to the entries referred to in paragraph (r) below
n
section 81 (repeals) so far as relating to the entries referred to in paragraph (s) below
o
Schedule 7 (Children’s Certificates: Supplementary Provisions)
p
Schedule 10 (Employment Agencies etc.: Replacement of Licensing)
q
in Schedule 11 (Miscellaneous Deregulatory Provisions: Consequential Amendments) paragraph 1 and paragraph 2 so far as relating to section 77 of the Fair Trading Act 1973
r
in Schedule 14 (PSV Operator Licensing etc : Minor and Consequential amendments) paragraph 1 so far as relating to the following paragraphs and paragraphs 3 and 5(2)(b)
s
in Schedule 17 (Repeals) the entries in respect of
i
The Merchant Shipping Act 1894
ii
The Licensing Act 1964
iii
The Employment Agencies Act 1973
iv
The House of Commons Disqualification Act 1975
v
The Employment Protection Act 1975
vi
The Employment Protection (Consolidation) Act 1978
vii
The Merchant Shipping Act 1979
viii
The Public Passenger Vehicles Act 1981 so far as relating to sections 14A(3), 17(2)(b) and 27 of that Act
ix
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981
x
The Income and Corporation Taxes Act 1988
4
Section 60 of the Act shall come into force on 1st April 1995.
5
The transitional provisions set out in Article 6(1) and (2) below shall have effect in connection with the coming into force of section 36(1) and section 60 of the Act respectively.
6
1
The omission of paragraph (b) from section 59(1) of the Employment Protection (Consolidation) Act 1978 (“the 1978 Act ”) effected by section 36(1) of the Act shall have effect in relation to any dismissal where the effective date of termination (as defined by section 55(4) of the 1978 Act) falls on or after 3 January 1995, other than a dismissal in respect of which notice was required to be given before that date (whether or not it was so given) in order to terminate the contract of employment on the effective date of termination by notice duly given in compliance with the contract of employment of the employee or with section 49 of the 1978 Act.
2
The insertion of subsection (2A) in section 14A of the Public Passenger Vehicles Act 1981 effected by section 60 of the Act shall have effect in relation to any application for a PSV operators' licence made on or after 1st April 1995.
Jonathan Evans
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th December 1994