text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Microbiological Research Authority (Establishment and Constitution) Order 1994 and shall come into force on 1st April 1994.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the Microbiological Research Authority established by this Order;
“the Board” means the Public Health Laboratory Service Board constituted in accordance with section 5(5) of, and Part I of Schedule 3 to, the Act .
Establishment of the Microbiological Research Authority
2
There is hereby established a special health authority which shall be known as the Microbiological Research Authority.
Functions of the Authority
3
1
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform on behalf of the Secretary of State —
a
such of her functions with respect to the powers conferred by section 5(2)(c) of the Act as are specified in paragraph (2) of this article;
b
such other of those functions as she may direct the Authority to perform on her behalf; and
c
her functions under section 5(2A) so far as they relate to the functions mentioned in sub-paragraphs (a) and (b) of this paragraph.
2
The functions referred to in paragraph (1) of this article are —
a
to provide such advice and assistance as may be required by bodies exercising functions on behalf of the Crown for the protection of persons against microbiological hazards;
b
to conduct research and development with a view to maintaining and enhancing technological capacity to provide that advice and assistance.
Constitution of the Authority
4
1
The Authority shall consist of —
a
the Chairman;
b
not less than five nor more than ten other members who are not officers of the Authority;
c
the chief officer of the Authority; and
d
not more than two other members who are officers of the Authority.
2
The members mentioned in paragraph (1)(b) above shall include not less than two persons with experience in industry.
Transfer of staff
5
Any officer of the Board who was, immediately before 1st April 1994, employed at its Centre for Applied Microbiology and Research, Porton Down, Salisbury, Wiltshire SP4 0JG shall, on the date of the coming into force of this Order, be transferred to the Authority, and the contract of employment between each such officer and the Board shall be modified so as to substitute the Authority as the employer in the place of the Board.
Enforceability of rights
6
Any right which was, immediately before 1st April 1994, enforceable by or against the Board as respects the exercise of its functions in connection with the Centre for Applied Microbiology and Research shall on or after that date be enforceable by or against the Authority instead of the Board.
Remuneration of members
7
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for purposes of paying remuneration to members of health authorities).
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
8th March 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1994 and shall come into force on 31st August 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Road Vehicles (Registration and Licensing) Regulations 1971 .
Revocation
3
Regulation 41 of, and Schedule 4 to, the principal Regulations are hereby revoked.
Description of businesses
4
1
The following definition shall be substituted for the definition of “valeting” in regulation 3(1) of the principal Regulations: —
“valeting” means the thorough cleaning of a vehicle before its registration by the Secretary of State under section 19 of the Act or in order to prepare it for sale and includes removing wax and grease from the exterior, engine and interior, and “valeted” shall be construed accordingly;
.
2
The following regulation shall be substituted for regulation 28A of the principal Regulations: —
28A
The following descriptions of business are prescribed for the purposes of sub-paragraph (b) of the definition of “motor trader” in section 16(8) of the Act: —
a
the business of modifying vehicles, whether by the fitting of accessories or otherwise; and
b
the business of valeting vehicles.
3
For sub-paragraph (c) of regulation 35(1) of the principal Regulations there shall be substituted: —
c
a purpose connected with his business of modifying vehicles (whether by the fitting of accessories or otherwise) or of valeting vehicles;
.
Conveyance of goods or burden
5
The following sub-paragraph shall be inserted after sub-paragraph (a) of regulation 38(1) of the principal Regulations: —
aa
in the case of a vehicle which is being delivered or collected and is being used for a relevant purpose, a load consisting of another vehicle used or to be used for travel from or to the place of delivery or collection:
In this sub-paragraph “relevant purpose” means a purpose mentioned in regulation 35(4)(e) to (j) of these Regulations;
.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
15th July 1994


text:
Citation, commencement and extent
1
These Regulations may be cited as the Habitat (Water Fringe) Regulations 1994, shall come into force on 6th June 1994 and shall apply to England.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“application” means an application for aid under regulation 4 and “applicant” shall be construed accordingly;
“arable land” includes ley grassland;
“beneficiary” means a person whose application has been accepted;
“designated watercourse or lake” means a watercourse, lake, or part thereof, referred to in Schedule 1 and coloured blue on the maps contained in the volume of maps marked “volume of maps of Habitat Scheme Water Fringe Areas”, dated 12th May 1994, signed and sealed by the Minister and deposite at the offices of the Ministry of Agriculture, Fisheries and Food at 17 Smith Square, London SW1P 3JR;
“eligible land” means any arable land or permanent grassland which is situated adjacent to a designated watercourse or lake or which is separated from a designated watercourse or lake by a distance not exceeding an average of 20 metres;
“eligible person” means a person who on the date of the submission of his application occupies eligible land as an owner or tenant;
“grassland” means land on which the vegetation consists primarily of grass species;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means, in relation to a tenant of any land, any person who either solely or jointly owns or has a superior tenancy of that land;
“livestock unit” means —
1 bovine animal more than two years old,
1.66 bovine animals from six months old to two years old inclusive,
6.66 sheep, or
1 horse or pony more than six months old;
“management obligations” means the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3 or 6;
“management period”, in relation to an application accepted by the Minister, means the period of duration of the undertaking referred to in regulation 3(1) or (2) commencing on a date to be agreed by the Minister and the beneficiary;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“permanent grassland” means agricultural grassland which has not been ploughed or re-seeded for at least five years;
“strip”, in relation to eligible land, means a strip which has an average width of at least 10 metres and which is not wider than any field in which it is situated;
“tenant” means a person who occupies land —
under an agreement for the letting of land for a tenancy from year to year;
under an agreement which has effect by virtue of section 2(1) or 3(1) of the Agricultural Holdings Act 1986 as an agreement for the letting of land for a tenancy from year to year; or
under a contract of tenancy for a fixed term of years of which —
at least 20 years remain unexpired at the commencement of the period of duration of the undertaking referred to in regulation 3(1), or
at least 10 years remain unexpired at the commencement of the period of duration of the undertaking referred to in regulation 3(2);
“water fringe” means the area of eligible land in relation to which the beneficiary has assumed management obligations;
“wildlife” means —
any animal (including any fish but excluding any bird) which is ordinarily resident in England in a wild state;
any bird which is ordinarily resident in or is a visitor to England in a wild state; and
any plant which is of a kind which ordinarily grows in England in a wild state.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Aid for water fringes
3
1
Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for a period of 20 consecutive years commencing in the year in which his application is accepted —
a
not to use for agricultural production a strip of eligible land, and
b
to manage that strip and any features bordering on that strip —
i
in the case of arable land, in accordance with the requirements set out in Schedule 2 or in Schedules 2 and 3, or
ii
in the case of permanent grassland, in accordance with the requirements set out in Schedule 4 or in Schedules 3 and 4.
2
Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for a period of 10 consecutive years, commencing in the year in which his application is accepted, to manage an entire field of eligible land and any features bor ering on that field —
a
in the case of arable land, in accordance with the requirements set out in Schedule 5 or in Schedules 3 and 5, or
b
in the case of permanent grassland, in accordance with the requirements set out in Schedule 6 or in Schedules 3 and 6.
Applications for aid
4
An application for aid under these Regulations shall be made at such time and in such form as the Minister reasonably may require and shall include —
a
a map of the area of eligible land in respect of which the applicant proposes to assume management obligations;
b
a description of the use or uses of that land at the time the application is made;
c
a description of the intended use or uses of that land;
d
if required by the Minister, evidence showing the nature of the applicant’s estate or interest in that land.
Restrictions on acceptance of applications
5
1
The Minister shall not accept an application in relation to any land unless she is satisfied that, having regard to —
a
the use or uses of that land at the time the application is made, and
b
the intended use or uses of that land, the management of the land in accordance with the proposals contained in the application will protect or improve a habitat for wildlife on that land or in a designated watercourse or lake.
2
The Minister shall not accept an application in relation to any land which is occupied by a tenant and which will not be used for agricultural production unless she is satisfied that the tenant has obtained the consent in writing of the landlord of that land to the making of the appliction.
3
The Minister may refuse to accept an application in relation to any land where she is satisfied that —
a
the management of the land in accordance with the proposals contained in the application would frustrate the purposes of any assitance previously given or to be given out of money provided by Parliament or the European Community; or
b
the payment of aid under these Regulations in relation to that land would duplicate any assistance given or to be given out of money provided by Parliament or by the European Community.
Change of occupation
6
1
Where, during the course of the management period, there is a change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations, by reason of the devolution of that land or part on the death of the beneficiary or otherwise —
a
the beneficiary (or, if he has died, his personal representatives) shall notify the Minister in writing of the change of occupation within three months of its occurrence and shall supply to the Minister such information relating to that change of occupation in such form and within such peiod as the Minister reasonably may determine;
b
the new occupier of that land or part may give an undertaking to the Minister to comply with the management obligations relating to that land or part for the remainder of the management period.
2
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless she is satisfied that the new occupier occupies the land or part as an owner or tenant or as the personal representative of the original occupier.
3
A new occupier who gives an undertaking to comply with the management obligations assumed by the original occupier shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister reasonably may determine.
4
Where the Minister has accepted an undertaking from a new occupier to comply with the management obligations undertaken by the original occupier —
a
the new occupier shall be deemed to be a beneficiary and, subject to paragraph (5) below, shall be entitled to payments of aid in place of the original occupier for the remainder of the management period; and
b
his undertaking to comply with those management obligations shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.
5
Where there is a change of occupation of part of the land subject to management obligations, the new occupier shall be entitled to payments of aid in the same proportion as the area of such land occupied by him bears to the area of such land occupied by the original occupier prior to the change of occupation.
6
Where within three months of the date of change of occupation a new occupier has not given an undertaking to comply with the management obligations assumed by the original occupier, the Minister may —
a
withhold the whole or any part of any payments due to the original occupier; and
b
recover from that original occupier or his personal representatives the whole or any part of any payments of aid already made to him.
7
Paragraph (6) above shall not apply where the change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations is the result of —
a
the compulsory purchase of that land or part;
b
the death of the original occupier, and
i
that original occupier occupied that land or part as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that land or part was terminated by the landlord; or
c
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.
Amounts and payment of aid
7
1
Subject to the provisions of these Regulations, payments of aid shall be made annually at a rate of —
a
£360 per hectare of water fringe comprising a strip not used for agricultural production to which the requirements of Schedule 2 apply;
b
£240 per hectare of water fringe comprising a strip not used for agricultural production to which the requirements of Schedule 4 apply;
c
£260 per hectare of water fringe comprising an entire field to which the requirements of Schedule 5 apply;
d
£125 per hectare of water fringe comprising an entire field to which the requirements of Schedule 6 apply.
2
Where a beneficiary has undertaken to comply with the requirements set out in Schedule 3 in relation to a water fringe and any ditch bordering on that water fringe, the Minister shall make further payments annually at a rate of £40 per hectare of such fringe.
Claims for aid
8
Any claim for the payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the Minister reasonably may require.
Obligation to permit entry and inspection
9
1
A beneficiary shall permit any person duly authorised by the Minister, accompanied by such persons acting under her instructions as appear to the authorised person to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that beneficiary’s holding in order to inspect any land, building, livestock, document or record with a view to verifying —
a
the accuracy of any particulars given in any application or claim under regulation 8 or in any undertaking given by a new occupier pursuant to regulation 6(1)(b); and
b
compliance with the management obligations.
2
A beneficiary shall render all reasonable assistance to the authorised person in relation to the matters mentioned in paragraph (1) above, and in particular shall —
a
produce such document or record as may be required by that person for inspection; and
b
at the request of that person, accompany him in making the inspection of any land and shall identify any area of land which is concerned in any application or claim or in any undertaking given by a new occupier to comply with the management obligations undertaken by the original occupier.
Withholding and recovery of aid and termination
10
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid paya le to that person or to such other person and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the management obligations;
b
fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9; or
c
fails without reasonable excuse to comply with any other requirement of these Regulations, the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him.
3
Where the Minister withholds or recovers aid under paragraph (1) or
2
above, she may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Before withholding or recovering any aid under paragraph (2)(a) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery;
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
False statements
11
If any person, for the purposes of obtaining for himself or any other person any ai under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th May 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food


text:
1
This Scheme may be cited as the A1 Motorway (Kirk Deighton New Junction to Walshford Section and Connecting Roads) Scheme 1994 and shall come into force on 21st October 1994.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting roads” means the special roads along the routes described in Schedule 2 to this Scheme;
ii
“the Motorway” means a special road along the route described in Schedule 1 to this Scheme;
iii
“the deposited plan” means the plan numbered HA16/YHCPD 11, marked “The A1 Motorway (Kirk Deighton New Junction to Walshford Section and Connecting Roads) Scheme 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iv
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director Yorkshire and Humberside Construction Programme Division
22nd September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northwick Park Hospital National Health Service Trust (Change of Name) Order 1994 and shall come into force on 10th February 1994.
2
In this Order unless the context otherwise requires–
“ the Order ” means the Northwick Park Hospital National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Northwick Park and St. Mark’s National Health Service Trust instead of the Northwick Park Hospital National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Northwick Park Hospital” there shall be substituted the words “Northwick Park and St. Mark's”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person; or
b
be taken as invaliding any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
31st January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Ambulance National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 19th April 1994.
2
In this Order —
“the Authority” means the Dorset Health Authority;
“the Trust” means the Dorset 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 16th December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th 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
23rd March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adjudication) Amendment (No. 2) Regulations 1994 and shall come into force on 14th November 1994.
Amendment of regulation 64 of the Social Security (Adjudication) Regulations 1986
2
1
Regulation 64 of the Social Security (Adjudication) Regulations 1986 (income support and social fund questions not immediately determinable) shall be amended in accordance with the following provisions of this regulation.
2
For paragraphs (1) and (2) there shall be substituted the following paragraphs —
1
Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the Social Fund under Part VIII of the Social Security Contributions and Benefits Act 1992 it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of —
a
the question as to what housing costs are to be included in the claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support (General) Regulations 1987 (applicable amounts) and the adjudication officer is satisfied that not all of those housing costs can be immediately determined, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined;
b
any of the questions mentioned in paragraph (3), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.
2
Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 21(2) of the Administration Act and notwithstanding the provisions of section 22 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in relation to any of the questions mentioned or referred to in that paragraph, the tribunal shall not determine any such question until it has been determined by an adjudication officer.
.
3
In paragraph (3), after sub-paragraph (g) there shall be added the following sub-paragraph —
h
whether in relation to any claimant the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support (General) Regulations 1987 (applicable amounts).
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
18th October 1994


text:
Citation and commencement
1
This Order may be cited as the Industrial and Provident Societies (Increase in Shareholding Limit) Order 1994, and shall come into force on 15th March 1994.
Interpretation
2
In this Order:
“ the Act ” means the Industrial and Provident Societies Act 1965 .
“society” means any body which is or is deemed to be a society registered under the Act.
Increase in shareholding limit
3
In section 6(1) of the Act , for the words “ten thousand pounds” (denoting the limit on the interest any one member may hold in the shares of a society registered under that Act) there shall be substituted the words “twenty thousand pounds”.
Powers of society’s committee
4
1
Where registered rules of a society provide for a fixed maximum shareholding limit in accordance with section 6(1) of the Act, the committee may, by a resolution recorded in writing, resolve that the maximum shareholding limit may be increased to such amount up to twenty thousand pounds as may be specified in the resolution, and subject to notice under paragraph (4) below having been given the registered rules shall have effect thereafter accordingly until such time as any subsequent amendment to the rules is registered whereupon the rules so registered shall have effect as if the earlier resolution had not been passed but so, however, that this paragraph shall not affect any interest in the shares of a society held by a member immediately before the date on which the subsequent amendment of rules is registered.
2
The power conferred on the committees of societies by paragraph (1) above shall not be exercisable after the expiration of the period of eighteen months beginning with the date on which this Order comes into force; and if any amendment of the rules of a society is made after the coming into force of this Order and before the expiration of the time allowed by this paragraph for exercising that power the power shall cease to be exercisable by the committee of that society on the date on which the amendment is registered under section 10 of the Act.
3
The committee of a society shall not have power to vary or revoke a resolution under paragraph (1) above.
4
Notice in writing of any change in the rules of a society made by the committee of a society in exercise of the power conferred by paragraph (1) above to increase the maximum shareholding limit shall be given to the appropriate registrar within 60 days of the making of the necessary resolution in the form specified in the Schedule to this Order.
Rosalind Gilmore
Chief Registrar of Friendly Societies.
8th February 1994
We consent to this Order.
T. Wood
T. Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury.
15th February 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Essex Coast) Designation Order 1994 and shall come into force on 6th April 1994.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 4 as to public access;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“livestock unit” means —
1 bovine animal more than two years old;
1.66 bovine animals from six months old to two years old inclusive;
6.66 sheep; or
1 horse more than six months old;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
2
Any rference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of landon the Essex Coast in the County of Essex which is shown coloured yellow on themaps contained in the volume of maps marked “volume of maps of the Essex Coast environmentally sensitive area” dated 3rd March 1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
Requirements included in an agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
5
An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.
Breach of requirements
6
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
7
1
The Minister shall make payments under an agreement at a rate of £70 per annum per hectare of permanent grassland to which the agreement relates, unless a higher rate is applicable in accordance with paragraph (3) below.
2
Where an agreement includes the requirements as to public access specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
3
Where an agreement includes the additional provisions specified in any of the options in Schedule 3 in relation to any permanent grassland, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
per hectare of land per annum
Schedule 3 option 1 £180 option 2 £210
4
Where an agreement includes the additional provisions specified in Schedule 4 in relation to any land the Minister shall make payments at a rate of £220 per annum for each hectare of that land.
5
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Timothy Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Citation and commencement
1
This Order may be cited as the Chinnor and Princes Risborough Railway Order 1994 and shall come into force on 26th July 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires: —
“the Association” means Chinnor & Princes Risborough Railway Association (Registered Charity No 1016237) incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Honey Banks, Tring Road, Wendover, Buckinghamshire, HP22 6NA;
“the authorised railway” means the railway described in Schedule 1 to this Order, including all land and works comprised in, or relating to, that railway;
“the Board” means the British Railways Board;
“the Company” means Chinnor & Princes Risborough Railway Company Limited incorporated under the Companies Act 1985 and whose registered office is at 37 Lytham Avenue, Watford, Hertfordshire, WD1 6XA;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“reference point” means Ordnance Survey National Grid reference point;
“the transfer date” means the day on which the authorised railway or any part of it is vested in the Association by virtue of an agreement made under article 4 of this Order;
“the undertaker” means the Association or, during the continuance of the lease referred to in article 4 of this Order, the Company.
2
In this Order all directions and distances stated in the description of any railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Application of Railways Clauses Acts
3
1
Section 47 of the Railways Clauses Consolidation Act 1845 (roads crossed on a level) and section 6 of the Railways Clauses Act 1863 (lodges at level crossings) shall cease to apply to the authorised railway.
2
In its application to the authorised railway section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
Transfer of railway to Association; leasing to Company
4
1
The Board and the Association may enter into and carry into effect agreements providing for the transfer to and vesting in the Association of the authorised railway or any part of it on such terms and conditions as may be agreed between the Board and the Association.
2
As from the transfer date the Association shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise for the time being in force in respect of the authorised railway or such part of it as is transferred as aforesaid, with the intent that the Board shall be released from all such obligations.
3
As from the transfer date the Association may lease to the Company the authorised railway or any part of it together with the rights, interests, powers, privileges and obligations vested in the Association in accordance with paragraph (2) of this article on such terms and conditions as may be agreed between the Association and the Company.
4
During the continuance of the lease the Company shall to the exclusion of the Association be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Association whether statutory or otherwise as are transferred to or conferred on the Association by or in pursuance of this Order and are for the time being in force in respect of the authorised railway or such part of it as is comprised in the lease.
Maintenance of approved works etc.
5
1
Where, pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the authorised railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Provisions as to bridges
6
Without prejudice to the generality of the foregoing, sections 116, 117 and 118 of the Transport Act 1968 shall, from the transfer date, apply to the authorised railway as if references therein to the Board were references to the undertaker.
Wainhill Crossing
7
The provisions set out in Schedule 2 to this Order shall apply to the level crossing of the unclassified road at Wainhill (reference point SP 766013) in the Parish of Chinnor, Oxfordshire.
Little Horsenden Crossing
8
1
So long as the highway crossing the authorised railway at Little Horsenden (reference point SP 787035) in the Parish of Longwick-cum-Ilmer, Buckinghamshire is classified as a footpath, the provisions set out in Part 2 of Schedule 3 to this Order shall apply to it.
2
If the highway referred to in paragraph (1) of this article shall be reclassified as a highway of a type other than a footpath, then the undertaker shall provide, maintain and operate at or near the crossing such gates, signs and safety equipment as the Secretary of State may in writing approve, and such gates, signs and equipment shall be maintained and operated to the satisfaction of the Secretary of State in such manner as he may from time to time determine.
3
If the said highway should be reclassified as a highway of a type other than a footpath, the provisions set out in Part 2 of Schedule 3 to this Order shall continue to apply to the extent compatible with the new highway status, subject to any approval of different equipment by the Secretary of State under paragraph (2) of this article.
Public footpath and bridleway level crossings
9
1
The crossings referred to in Part 1 of Schedule 3 to this Order shall be maintained in their existing form as public footpath or bridleway level crossings.
2
The provisions set out in Part 2 of Schedule 3 to this Order shall apply to the said footpath and bridleway level crossings.
Restrictions as to the conveyance of passengers
10
No part of the authorised railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
For protection of National Rivers Authority
11
1
For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the following provisions of this article shall, unless otherwise agreed in writing between the undertaker and the Authority, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any watercourse in, under or through any land held for the purpose of or in connection with the authorised railway the undertaker shall furnish to the Authority proper and sufficient plans thereof for the approval of the Authority and shall not carry out the said works until the said plans have been approved in writing by the Authority;
b
The approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within two months after such plans have been supplied to the Authority, the Authority has not intimated its disapproval and the grounds of its disapproval it shall be deemed to have approved the plans as supplied;
c
For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purpose of or in connection with the authorised railway whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the undertaker shall upon receiving notice from the Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in so doing from the undertaker as a debt due from them to the Authority.
6
Any dispute or difference which may arise between the Authority and the undertaker under this article shall be referred to a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on the application of either party (after notice in writing to the other of them).
7
The provisions of the Railways Clauses Consolidation Act 1845 applied to the authorised railway shall be subject to the provisions of this article.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary,
Department of Transport
4th July 1994


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Governors of New Grant-maintained Schools) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations references to the 1993 Act are to the Education Act 1993.
PART II
APPOINTMENT OF INITIAL FIRST AND FOUNDATION GOVERNORS
Appointment of initial first governors
2
1
This regulation applies where proposals under section 48 of the 1993 Act for the establishment of a new grant-maintained school have been approved by the Secretary of State, or adopted by the funding authority, in accordance with section 51 of that Act.
2
Before the incorporation date the funding authority shall —
a
subject to paragraph (3) below, appoint the number of initial first governors specified in the proposals, and
b
notify the Secretary of State in writing where any such appointment is made.
3
Before appointing any person to be an initial first governor the funding authority shall obtain the Secretary of State’s consent in writing to that person’s appointment.
Appointment of initial foundation governors
3
1
This regulation applies where proposals under section 49 of the 1993 Act for the establishment of a new grant-maintained school have been approved by the Secretary of State in accordance with section 51 of that Act.
2
Before the incorporation date the promoters shall —
a
subject to paragraphs (3) and (4) below, appoint the number of initial foundation governors specified in the proposals, and
b
notify the Secretary of State in writing where any such appointment is made.
3
For the purposes of paragraph (2)(a) above, no account shall be taken, in determining the number of initial foundation governors specified in the proposals, of any foundation governorship which is to be held ex officio.
4
Before appointing any person to be an initial foundation governor the promoters shall obtain the Secretary of State’s consent in writing to that person’s appointment.
5
In this regulation, “promoters” means the persons who published the proposals under section 49 of the 1993 Act.
Appointment of replacement initial first and foundation governors
4
1
This regulation applies where before the incorporation date a person appointed in accordance with regulation 2 or 3 to be an initial first or (as the case may be) foundation governor —
a
dies,
b
becomes prospectively disqualified for holding office as such a governor on the governing body, or
c
notifies the person or persons who appointed him (“the appointing authority”) that he is no longer willing to serve on the proposed governing body.
2
The appointing authority shall, if it is possible to do so before the incorporation date, appoint a person to be an initial first or (as the case may be) foundation governor to replace the person referred to in paragraph (1) above.
3
Before appointing any person to be an initial first or foundation governor in accordance with this regulation the appointing authority shall obtain the Secretary of State’s consent in writing to that person’s appointment.
4
The appointing authority shall (if possible before the incorporation date or, if not, as soon as possible thereafter) notify the Secretary of State of any appointment made in accordance with this regulation.
Interpretation of Part II
5
In this Part of these Regulations —
“initial first governor” and “initial foundation governor” shall have the meanings given to them respectively by paragraphs 7(2) and 8(2) of Schedule 7 to the 1993 Act, and
“the incorporation date” means the date specified in the proposals under section 48 or (as the case may be) 49 of the 1993 Act as the proposed incorporation date of the governing body.
PART III
PARENT AND TEACHER GOVERNORS APPOINTED BEFORE THE IMPLEMENTATION OF PROPOSALS
Requirements for persons to be appointed as parent governors before implementation of proposals
6
1
For the purposes of section 60(6)(a) of the 1993 Act, the requirements which a person must satisfy in order to be appointed as a parent governor of a grant-maintained school before the date of implementation of the proposals for the establishment of the school are that —
a
he is a parent of a child who is likely to become a registered pupil at the school in question, or
b
where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.
2
In this Part of these Regulations, references to the date of implementation of proposals for the establishment of a new grant-maintained school are to the date specified in the proposals under section 48 or (as the case may be) 49 of the 1993 Act as the proposed date of implementation of the proposals.
Requirements for persons to be appointed as teacher governors before implementation of proposals
7
For the purposes of section 61(4)(a) of the 1993 Act, the requirements which a person must satisfy in order to be appointed as a teacher governor of a grant-maintained school before the date of implementation of the proposals for the establishment of the school are that he is, or has been, employed to work as a teacher at a school.
Tenure of office of parent and teacher governors appointed before implementation of proposals
8
For the purposes of paragraph 10(4) of Schedule 5 to the 1993 Act, a parent or teacher governor appointed before the date of implementation of proposals for the establishment of a new grant-maintained school shall hold office —
a
until the end of the first school term following the date of implementation of the proposals, or
b
(if that period would exceed four years) for a term of four years.
John Patten
Secretary of State for Education
6th March 1994
John Redwood
Secretary of State for Wales
8th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Loch Ewe, West Ross, Scallops Fishery Order 1994 and shall come into force on 17th August 1994.
2
In this Order–
“the applicant” means the Sea Fish Industry Authority established under the Fisheries Act 1981 and having its head office at 18 Logie Mill, Logie Green Road, Edinburgh, EH7 4HG;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Loch Ewe, West Ross, Scallops Fishery Order 1994”, one such copy of which is deposited in the principal office of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh and the other such copy of which is deposited in the principal office of the applicant at 18 Logie Mill, Logie Green Road, Edinburgh, EH7 4HG;
“the fishery” means that part of the bed of the sea in Loch Ewe, West Ross, in Highland Region described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
Subject to the following provisions of this Order there is hereby conferred on the applicant, for a period of 10 years beginning on the date when this Order comes into force, the right of several fishery for scallops with respect to the whole of the area of the fishery.
Assignation
3
The applicant shall not without the written consent of the Secretary of State assign the right of several fishery.
Marking of limits of fishery
4
The applicant shall cause to be clearly marked on the bed and on the surface of the sea the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
5
1
Nothing in this order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the applicant to take, use, enter upon, or in any manner interfere with any land, or interest in land, or any rights of whatever description (including any portion of the shore or bed of the sea, or of any river channel, creek, bay or estuary) belonging to Her Majesty in right of her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
14th July 1994


text:
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Amendment) Order 1994 and shall come into force on 30th December 1994.
2
Article 4(4) of the Education (London Residuary Body) (Property Transfer) ( No. 4) Order 1991 shall be amended by the insertion after “1995” of the words “or, in the case of the Greenwich Park Upper School Extension site, by 1st January 1998”.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education
5th December 1994


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Restrictive Trade Practices Act 1976) (Exemption for Networking Arrangements) Order 1994 and shall come into force on 24th October 1994.
Interpretation
2
In this Order —
“the 1990 Act ” means the Broadcasting Act 1990;
“ ITVA ” means the Independent Television Association Limited;
“holders of regional Channel 3 licences” means the persons specified in Schedule 1 to this Order.
Exemption from the Restrictive Trade Practices Act 1976
3
The arrangements made among the holders of regional Channel 3 licences and the ITVA specified in Schedule 2 to this Order (being relevant networking arrangements falling within section 194(2)(a) of the 1990 Act) are specified as arrangements to which, by virtue of section 194(1) of the 1990 Act, the Restrictive Trade Practices Act 1976 does not apply and is deemed never to have applied.
Stephen Dorrell
Secretary of State for National Heritage
28th September 1994


text:
1
This Order may be cited as the Finance Act 1989, section 152, (Appointed Day) Order 1994.
2
The day appointed for the coming into force of section 152 of the Finance Act 1989 is 1st February 1994.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
19th January 1994