text:
Citation and commencement.
1
1
This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No.5 and Transitional Provisions) Order 1994.
2
This article and articles 2 and 3 of this Order shall come into force on 31st December 1994 and the remainder of this Order shall come into force on 15th January 1995.
Interpretation
2
In this Order —
“the 1964 Act ” means the Police Act 1964 ;
“the 1994 Act ” means the Police and Magistrates' Courts Act 1994;
“joint police authority” means —
a metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985 , or
the Northumbria Police Authority;
“new police authority” means the police authority to be established under section 3 of the 1964 Act (as substituted by section 2 of the 1994 Act) for a police area and “old police authority” means the police authority for that area which it is to supersede;
“nominated person” means a person nominated and appointed under article 6(4) or, as the case may be, article 8(5) below; and
“property” includes money and all other property, real or personal.
Commencement of provisions on 31st December 1994
3
1
Subject to paragraph (2) below, the following provisions of the 1994 Act, namely —
a
paragraphs 1 and 8 of Schedule 5 (amendment of provisions relating to report of chief constables);
b
section 44 so far as it relates to those paragraphs;
c
the entries in Part I of Schedule 9 (repeals, police) in respect of section 12 of the 1964 Act; and
d
section 93 so far as it relates to those entries,
shall come into force on 31st December 1994.
2
As respects the first report which is required to be made under section 12(1) of the 1964 Act or submitted to the Secretary of State under section 30(2) of that Act after the amendments made by paragraphs 1(2)(a) and 8(3) of Schedule 5 to the 1994 Act have come into force, those sections shall have effect as if, for any reference to the financial year, there was substituted a reference to the period of fifteen months ending with 31st March 1995.
Commencement of provisions on 1st April 1995
4
1
Subject to paragraphs (2) to (8) and article 5 below, the provisions of the 1994 Act which are listed in the Schedule to this Order shall come into force for all purposes (or, as the case may be, all remaining purposes) on 1st April 1995.
2
Section 4C of the 1964 Act, as inserted by section 4 of the 1994 Act, shall not apply in respect of the financial year ending on 31st March 1994.
3
Any person who on 1st April 1995 would hold the rank of deputy chief constable in a police force maintained under section 2 of the 1964 Act (as substituted by section 2 of the 1994 Act) but for the commencement by this Order of the provisions of the 1994 Act abolishing that rank shall hold the rank of assistant chief constable in that force.
4
For the purposes of any financial year ending before 1st April 1995, section 8 of the 1964 Act shall continue to have effect in the form in which it has effect immediately before the commencement by this article of section 8 of the 1994 Act.
5
The provision inserted by section 21 of the 1994 Act shall not apply to a report received by the Secretary of State under section 38(2) of the 1964 Act before 1st April 1995.
6
For the purposes of the issue of a basic credit approval under section 53 of the Local Government and Housing Act 1989 to a new police authority in respect of the financial year beginning on 1st April 1995, section 30 of the 1994 Act (which amends the definition of “local authority” for purposes including that of the said section 53) shall come into force on 15th March 1995.
7
Without prejudice to the generality of articles 7 and 8 below, any duty on an old police authority in relation to any person exercising functions of a public nature (such as the Audit Commission under Part I of the Local Government Act 1992 ) which has not been discharged on 31st March 1995 shall, so far as is practicable, be discharged by the new police authority.
8
For the purposes of a direction under section 1 of the Local Government Act 1992, paragraph 25 of Schedule 4 to the 1994 Act (which amends section 12 of the Local Government Finance Act 1982 and thereby brings the new police authorities within section 1(7)(a) of the Local Government Act 1992) shall come into force on 15th January 1995 and (notwithstanding section 2(4) of the Local Government Act 1992) any such direction may be given to a new police authority in respect of the financial year beginning on 1st April 1995 not later than 31st January 1995.
Transitional provision about budget requirement
5
1
For the purposes of section 54(1) of the Local Government Finance Act 1992 and the financial year beginning on 1st April 1995 only —
a
a new police authority shall be regarded as the same authority as the police authority which it supersedes (the relevant old police authority), and
b
the budget requirement of the relevant old police authority shall be regarded as being the budget requirement of the new police authority.
2
In paragraph (1) above, “budget requirement of the relevant old police authority” means —
a
where the relevant old police authority is a joint police authority, the budget requirement of that authority;
b
where the relevant old police authority is a committee of the council of a county constituted in accordance with section 2 of the 1964 Act, the portion of the budget requirement of that county attributable to the functions of that committee;
c
where the relevant old police authority is for a combined area constituted in accordance with section 3 of the 1964 Act, the sum of the portions of the budget requirements of the constituent councils of that authority attributable to the functions of that authority.
Transfer of civilian employees
6
1
Every person who —
a
immediately before 1st April 1995 is employed by an old police authority (whether or not that old police authority is a body corporate separate from a county council), and
b
but for the provisions of this Order, would continue to be so employed,
shall, on that date, transfer to, and become an employee of, the new police authority.
2
Every person who —
a
during the period of two months ending with 31st March 1995 is employed by the council of a county in an undertaking that is provided wholly for police purposes, and
b
but for the provisions of this Order, would continue to be so employed,
shall, on the relevant date, transfer to, and become an employee of, the new police authority whose police area as listed in Schedule 1A to the 1964 Act consists of or includes the county of the council by which the person is so employed.
3
Every person who —
a
immediately before 1st April 1995 is employed for police purposes by the council of a county, and
b
but for the provisions of this Order, would continue to be so employed,
shall, on that date, transfer to, and become an employee of, the new police authority whose police area as listed in Schedule 1A to the 1964 Act consists of or includes the county of the council by which the person is so employed where, prior to that date, the council of the county and the new police authority agree to the transfer.
4
Where there is a dispute between the council of a county and the relevant new police authority as to whether a person falls within paragraph
2
above —
a
the council and the authority may nominate and appoint a person to determine the dispute in accordance with article 10(3) below, or
b
if the council and the authority are unable to agree that the dispute should be so determined or on the person to be nominated, either of them may require the Secretary of State to nominate and appoint such a person.
5
The contract of employment between a person who is transferred by virtue of this article or a determination under article 10(3) below shall be deemed to have effect from the relevant date as if originally made between him and the new police authority.
6
In this article “the relevant date” means —
a
1st April 1995, or
b
where there is a dispute between the council of a county and the relevant new police authority as to whether any person falls within paragraph (2) above and the nominated person determines under article 10(3) below that the person does so fall, the date of his determination.
Transfer of property etc.from joint police authorities and most combined police authorities
7
1
This article applies to an old police authority which is —
a
a joint police authority, or
b
the police authority for a combined area constituted in accordance with section 3 of the 1964 Act other than section 3(4).
2
This article shall have effect to transfer on 1st April 1995 from an old police authority to which this article applies to the new police authority and to vest in the latter all the property, rights and liabilities (including rights and liabilities relating to property and in connection with any pending legal proceedings) of the former. Agreements to transfer property etc.
from certain local authorities
8
1
As soon as practicable after 15th January 1995, every relevant authority and every appropriate new police authority shall use their best endeavours —
a
to determine which transfers (if any) of property, rights and liabilities from a relevant authority to the appropriate new police authority it is fair and reasonable to make, and
b
to make an agreement in writing specifying which of those transfers are to take effect under article 9 below on 1st April 1995 and which of those transfers are to take effect on such later date as may be so specified.
2
An agreement under this article may —
a
indicate that there are matters specified therein about which agreement is still to be reached, or
b
provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the agreement (where, for example, there is a change of circumstances as a result of the auditing of a relevant authority’s accounts).
3
Subject to paragraph (4) below as soon as practicable after 1st April 1995 every relevant authority and every appropriate new police authority shall use their best endeavours —
a
to determine whether it is fair and reasonable to make any transfer of property, rights and liabilities (other than a loan attributable to the relevant authority’s functions as a police authority) from a relevant authority to the appropriate new police authority in addition to any transfer in an agreement under paragraph (1) above, and
b
to make an agreement in writing specifying any such transfers and the date or dates on which they are to take effect under article 9 below.
4
A relevant authority and an appropriate new police authority may agree to delay an agreement under paragraph (3) above pending the outcome of some future event; but paragraph (3) above shall have effect after that event has taken place as if, for the reference therein to 1st April 1995, there were substituted a reference to the event.
5
Subject to paragraph (6) below, where it has become apparent that a relevant authority and an appropriate new police authority are unable to agree about whether a transfer of property, rights and liabilities should be made —
a
those authorities may nominate and appoint a person to determine the dispute in accordance with article 10(1) below, or
b
if those authorities are unable to agree either that the dispute should be so determined or on the person to be nominated, either authority may require the Secretary of State to nominate and appoint such a person.
6
Paragraph (5) above shall not apply where —
a
the relevant authority falls within sub-paragraph (a) of the definition “relevant authority” in paragraph (8) below, and
b
the transfer about which that authority and the appropriate new police authority are unable to agree concerns any loan attributable to the relevant authority’s police authority functions.
7
In this article and article 10 below, references to the transfer of property, rights and liabilities mean —
a
the transfer from a relevant authority to an appropriate new police authority or apportionment between them of any property and rights and liabilities relating to it;
b
such transfer or apportionment of any other rights and liabilities (including rights and liabilities in connection with any pending legal proceedings); and
c
the creation of any rights and liabilities between them.
8
In this article and articles 9 and 10 below “appropriate new police authority” means the new police authority whose police area as listed in Schedule 1A to the 1964 Act includes the county of which the relevant authority is the council; and
“relevant authority” means —
the council of a county where the old police authority is a committee of that council constituted in accordance with section 2 or 3(4) of the 1964 Act;
the council of any constituent county where the old police authority is a combined police authority constituted in accordance with section 3 of the 1964 Act (other than section 3(4)). Transfer of property etc.
from certain local authorities
9
1
This article shall have effect to —
a
transfer from a relevant authority to the appropriate new police authority and to vest in the latter —
i
such property;
ii
such rights and liabilities relating thereto, and
iii
such other rights and liabilities (including rights and liabilities in connection with any pending legal proceedings),
as may be specified in a written agreement between them under article 8 above or in an instrument giving effect to the decision of a nominated person under article 10(2) below;
b
apportion between them
i
such property;
ii
such rights and liabilities relating thereto, and
iii
such other rights and liabilities (including rights and liabilities in connection with pending legal proceedings),
as may be so specified;
c
create between them such rights and liabilities as may be so specified;
on 1st April 1995 or such other later date, or dates, as may be so specified.
2
In this article “appropriate new police authority” and “relevant authority” have the same meanings as in article 8 above.
Determinations by nominated person
10
1
Where a nominated person has been appointed under article 8(5) above, he shall (as soon as practicable after his appointment) proceed to determine in accordance with paragraphs (4) to (9) below a dispute as to which (if any) transfers of property, rights and liabilities from a relevant authority to an appropriate new police authority it is fair and reasonable to make.
2
Where a nominated person appointed under article 8(5) above determines that a transfer shall be made, he shall draw up an instrument to give effect to his determination; and any such instrument shall specify the date or dates on which it is to take effect.
3
Where a nominated person has been appointed under article 6(4) above to determine a dispute as to whether a person falls within article 6(2), he shall (as soon as practicable after his appointment) proceed to determine in accordance with paragraphs (4) to (9) below whether the person who is the subject of the dispute falls within article 6(2) and set out his determination in writing.
4
A nominated person shall not determine a dispute unless both parties to it have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.
5
Any oral representations shall be made at a hearing on a date appointed by the nominated person after consultation with the parties to a dispute.
6
The parties shall have the right to appear by counsel, a solicitor or by the clerk or other officer of either of the parties.
7
The nominated person shall be paid such remuneration and reimbursed for such expenses as —
a
the parties to the dispute may determine before he is appointed; or
b
in the absence of such agreement, may be determined by the Secretary of State.
8
The nominated person shall make such order as to which of the parties to the dispute shall pay the costs incurred under this article, including the costs incurred under paragraphs (6) and (7) above, as may appear to him to be fair and reasonable.
9
Any order under paragraph (8) above may apportion the costs between the parties.
10
In this article “appropriate new police authority”, “relevant authority” and “transfer of property, rights and liabilities” have the same meaning as in article 8 above.
Liability of certain new police authorities in respect of loan debts
11
1
In this article —
a
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
b
any expression used in this article which is defined for the purposes of Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) shall have the same meaning as it has for those purposes;
c
“relevant council” means the council of a county where the old police authority is a committee of that council constituted in accordance with section 2 or 3(4) of the 1964 Act; and
d
“relevant new police authority” means such an authority replacing a relevant council as police authority.
2
Where a relevant council and a relevant new police authority are unable to agree before 1st April 1995 under article 8 above to the transfer of all loans attributable to the council’s police authority functions, a relevant new police authority shall be deemed to have borrowed from the relevant council an amount (in this article referred to as “the principal”) equal to the police amount for that council for 31st March 1995 less the amount of any loan that the relevant council and the relevant new police authority have agreed before 1st April 1995 under article 8 above to transfer.
3
For the purposes of this article —
a
the police amount for a relevant council for 31st March in any of the years 1991 to 1995 shall be determined —
i
by adding to the police amount for that council for 31st March in the immediately preceding year the amount of the police increase for that council for the financial year following it; and
ii
by subtracting from the resulting amount the amount of the police decrease for that council for that financial year; and
b
the police amount for a relevant council for 31st March 1990 shall be an amount equal to the portion of that council’s initial credit ceiling attributable to the police authority functions of that council.
4
For the purposes of paragraph (3) above, the amount of the police increase for any relevant council for any financial year is the total of the amounts of all the supplementary credit approvals issued —
a
to the council in respect of its police authority functions by the Secretary of State for the Home Department under Part IV of the 1989 Act;
b
in the case of —
i
a financial year ending on 31st March in the years 1991 to 1994, for a period beginning in that financial year;
ii
the financial year ending on 31st March 1995, on or before 31st December 1994 and for a period beginning in that financial year,
less an amount equal to the total of the amounts by which the credit ceiling of the council was increased in that year as respects credit arrangements entered into in that year by the council in respect of such functions.
5
For the purposes of paragraph (3) above, the amount of the police decrease for any relevant council for any financial year is the total of the following amounts —
a
four per cent.of the police amount for the council for 31st March in the financial year immediately preceding the financial year in question;
b
the total of any amounts set aside by the council as provision to meet credit liabilities from the reserved part of any capital receipts in respect of a disposal or repayment attributable to police authority functions or, in relation to consideration to which section 61(4) of the 1989 Act applies, from the amount which would be the reserved part of a notional capital receipt in respect of such a disposal or repayment;
c
the total of any amounts set aside by the council from its revenue account or from the usable part of its capital receipts as provision to meet credit liabilities in respect of its police excluded credit arrangements; and
d
the total of any amounts shown in the accounts of the council as being set aside from its revenue account as provision for credit liabilities in respect of its police authority functions in excess of the amounts referred to in sub-paragraph (a) above, and the amount of any usable part of the council’s capital receipts shown in its accounts as being applied as such provision in respect of its police authority functions.
6
In paragraph (5) above “police excluded credit arrangements” means any credit arrangements excluded by regulations made under paragraph 11(2) of Schedule 3 to the 1989 Act entered into in respect of land, goods or services held or used for police authority functions.
7
Subject to paragraph (9) below, a relevant new police authority which by virtue of this article is deemed to have borrowed from a relevant council shall discharge its liability to that council by —
a
making annual repayment of the principal to that council in 25 equal instalments over a period of 25 years, with the first such repayment falling due on 1st October 1995, and
b
in each financial year in which any part of the principal remains outstanding, paying that council interest calculated in accordance with paragraph (8) below.
8
The interest to be paid by a relevant new police authority on its deemed borrowing shall be paid on 31st March in each year beginning with 1996 and shall be calculated in respect of each financial year by applying the formula of X divided by Y and multiplied by Z where
X is determined by dividing by 12 the total of the sums which equal the amount of principal which remains unpaid on the first day of each month of the financial year in question;
Y is determined by dividing by 12 the total of the sums which equal the amount of the outstanding borrowing of the relevant council on the first day of each month of the financial year in question;
Z is the amount of interest payable by the relevant council for the financial year in question in respect of its outstanding borrowing in that year.
9
A relevant new police authority may repay the whole or any part of the principal outstanding in respect of its deemed borrowing at any time before it is repaid in full after giving to the relevant council not less than thirty days' notice of its intention to do so.
Home Office
David Maclean
Minister of State
14th December 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Management of Health and Safety at Work (Amendment) Regulations 1994 and shall come into force on 1st December 1994.
Amendment of the Management of Health and Safety at Work Regulations 1992
2
1
The Management of Health and Safety at Work Regulations 1992 (in these Regulations referred to as “the 1992 Regulations”) shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) of the 1992 Regulations there shall be added the following definitions —
a
before the definition of “the assessment”:
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978;
and
b
after the definition of “fixed-term contract of employment”:
“given birth” means “delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child”;
“maternity leave period” in relation to an employee is the period referred to in section 33(1) of the 1978 Act ;
“new or expectant mother” means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding;
3
After regulation 13 of the 1992 Regulations the following provisions shall be added: —
13A
1
Where —
a
the persons working in an undertaking include women of child-bearing age; and
b
the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother, or to that of her baby, from any processes or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/ EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding,
the assessment required by regulation 3(1) shall also include an assessment of such risk.
2
Where, in the case of an individual employee, the taking of any other action the employer is required to take under the relevant statutory provisions would not avoid the risk referred to in paragraph (1) the employer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.
3
If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the employer shall, subject to section 46 of the 1978 Act, suspend the employee from work for so long as is necessary to avoid such risk.
4
In paragraphs (1) to (3) references to risk, in relation to risk from any infectious or contagious disease, are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace.
13B
Where —
a
a new or expectant mother works at night; and
b
a certificate from a registered medical practitioner or a registered midwife shows that it is necessary for her health or safety that she should not be at work for any period of such work identified in the certificate
the employer shall, subject to section 46 of the 1978 Act, suspend her from work for so long as is necessary for her health or safety.
13C
1
Nothing in paragraph (2) or (3) of regulation 13A shall require the employer to take any action in relation to an employee until she has notified the employer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.
2
Nothing in paragraph (2) or (3) of regulation 13A or in regulation 13B shall require the employer to maintain action taken in relation to an employee —
a
in a case —
i
to which regulation 13A(2) or (3) relates; and
ii
where the employee has notified her employer that she is pregnant,
where she has failed, within a reasonable time of being requested to do so in writing by her employer, to produce for the employer’s inspection a certificate from a registered medical practitioner or a registered midwife showing that she is pregnant;
b
once the employer knows that she is no longer a new or expectant mother; or
c
if the employer cannot establish whether she remains a new or expectant mother.
4
Regulation 14 of the 1992 Regulations shall be amended by inserting in paragraph (1)(a), after “obligations” —
other than those in regulations 13A to 13C,
.
5
Regulation 15 shall be amended by substituting therefor the following regulation:
15
1
Breach of a duty imposed by these Regulations shall not confer a right of action in any civil proceedings.
2
Paragraph (1) shall not apply to any duty imposed by these Regulations on an employer to the extent that it relates to risk referred to in regulation 13A(1) to an employee.
.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment.
7th November 1994


text:
Citation and commencement
1
This Order may be cited as the Harrow Community Health Services National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Harrow Community Health Services National Health Service Trust established by the Harrow Community Health Services National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1994 and shall come into force on 1st November 1994.
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule, Part or Schedule by number alone shall be construed as a reference to the rule, Part or Schedule so numbered in the said Rules of 1991.
3
In the Arrangement of Rules there shall be inserted the following after Part II: —
PART IIA
Proceedings under section 30 of the Human Fertilisation and Embryology Act 1990
21A
Interpretation
21B
Application of the remaining provisions of these Rules
21C
Parties
21D
Answer
21E
Appointment and duties of the guardian ad litem
21F
Personal attendance of applicants
21G
Copies of orders
21H
Amendment and revocation of orders
21I
Keeping of registers, custody, inspection and disclosure of documents and information
21J
Application for removal, return etc. of child
.
4
After Part II there shall be inserted the following: —
PART IIA
PROCEEDINGS UNDER SECTION 30 OF THE HUMAN FERTILISATION AND EMBRYOLOGY ACT 1990.
Interpretation
21A
1
In this Part of these Rules —
“the 1990 Act ” means the Human Fertilisation and Embryology Act 1990;
“the birth father” means the father of the child, including a person who is treated as being the father of the child by section 28 of the 1990 Act where he is not the husband within the meaning of section 30 of the 1990 Act;
“the birth mother” means the woman who carried the child;
“the birth parents” means the birth mother and the birth father;
“the guardian ad litem” means the guardian appointed in accordance with rule 21E;
“the husband and wife” means the persons who may apply for a parental order where the conditions set out in section 30(1) of the 1990 Act are met;
“parental order” means an order under section 30 of the 1990 Act (parental orders in favour of gamete donors) providing for a child to be treated in law as a child of the parties to a marriage.
2
Applications under section 30 of the 1990 Act are specified proceedings for the purposes of section 41 of the Children Act 1989 in accordance with section 41(6)(i) of that Act.
Application of the remaining provisions of these Rules
21B
Subject to the provisions of this Part, the remaining provisions of these Rules shall apply as appropriate with any necessary modifications to proceedings under this Part except that rules 7(1), 9, 10(1)(b), 10(11), 11(2), 11(3) and 12 shall not apply.
Parties
21C
The applicants shall be the husband and wife and the respondents shall be the persons set out in the relevant entry in column (iii) of Schedule 2.
Answer
21D
Within 14 days of the service of an application for a parental order, each respondent shall file and serve on all the other parties an answer in Form CHA75.
Appointment and duties of the guardian ad litem
21E
1
As soon as practicable after the application has been filed, the justices' clerk shall consider the appointment of a guardian ad litem in accordance with section 41(1) of the Children Act 1989.
2
The guardian ad litem shall be appointed from a panel established in accordance with the Guardians ad Litem and Reporting Officers (Panels) Regulations 1991 .
3
In addition to such of the matters set out in rule 11 as are appropriate, the guardian ad litem shall —
i
investigate the matters set out in section 30(1) to (7) of the 1990 Act;
ii
so far as he considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of a parental order;
iii
advise the court on whether there is any reason under section 6 of the Adoption Act 1976 , as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 , to refuse the parental order.
Personal attendance of applicants
21F
The court shall not make a parental order except upon the personal attendance before it of the applicants.
Copies of orders
21G
1
Where a parental order is made by a court sitting in Wales in respect of a child who was born in Wales and the applicants so request before the order is drawn up, the justices' clerk shall obtain a translation into Welsh of the particulars set out in the order.
2
Within 7 days after the making of a parental order, the justices' clerk shall send a copy of the order to the Registrar General .
3
A copy of any parental order may be supplied to the Registrar General at his request.
Amendment and revocation of orders
21H
1
Any application made under paragraph 4 of Schedule 1 to the Adoption Act 1976 as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 for the amendment of a parental order or for the revocation of a direction to the Registrar General shall be made to a family proceedings court for the same petty sessions area as the family proceedings court which made the parental order, by delivering it to or sending it by post to the clerk to the justices.
2
Notice of the application shall be given by the justices' clerk to such persons (if any) as the court thinks fit.
3
Where the application is granted, the justices' clerk shall send to the Registrar General a notice specifying the amendments or informing him of the revocation and shall give sufficient particulars of the order to enable the Registrar General to identify the case.
Keeping of registers, custody, inspection and disclosure of documents and information
21I
1
Such part of the register kept in pursuance of rules made under the Magistrates' Courts Act 1980 as relates to proceedings for parental orders shall be kept in a separate book and the book shall not contain particulars of any other proceedings.
2
The book kept in pursuance of paragraph (1) and all other documents relating to the proceedings for a parental order shall, while they are in the custody of the court, be kept in a place of special security.
3
Any person who obtains information in the course of, or relating to proceedings for a parental order, shall treat that information as confidential and shall only disclose it if —
a
the disclosure is necessary for the proper exercise of his duties, or
b
the information is requested —
i
by a court or public authority (whether in Great Britain or not) having the power to determine proceedings for a parental order and related matters, for the purpose of the discharge of its duties in that behalf, or
ii
by a person who is authorised in writing by the Secretary of State to obtain the information for the purposes of research.
Application for removal, return etc. of child
21J
1
An application under sections 27(1), 29(1) or 29(2) of the Adoption Act 1976 as applied with modifications by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 shall be made by complaint to the family proceedings court in which the application under section 30 of the 1990 Act is pending.
2
The respondents shall be all the parties to the proceedings under section 30 and such other person or body, not being the child, as the court thinks fit.
3
The justices' clerk shall serve notice of the time fixed for the hearing, together with a copy of the complaint on the guardian ad litem who may attend on the hearing of the application and be heard on the question of whether the application should be granted.
4
The court may at any time give directions as to the conduct of the application under this rule.
5
Where an application under this rule is determined, the justices' clerk shall serve notice of the determination on all the parties.
6
A search warrant issued by a justice of the peace under section 29(4) of the Adoption Act 1976 (applied as above) (which relates to premises specified in an information to which an order made under the said section 29(1) relates, authorising a constable to search the said premises and if he finds the child to return the child to the person on whose application the said order was made) shall be in a warrant form as if issued under section 102 of the Children Act 1989 (warrant to search for or remove a child) or a form to the like effect.
.
5
In Schedule 1 —
a
the following shall be inserted at the end of the list of forms at the beginning of the Schedule
74 Application for a Parental Order
75 Answer
76 Parental Order
77 Notice of Refusal of a Parental Order
;
b
after form CHA69 , there shall be inserted forms CHA74, CHA75, CHA76 and CHA77 as set out in the Schedule to these Rules.
6
In Schedule 2 —
a
there shall be inserted at the end of column (i) “section 30 of the Human Fertilisation and Embryology Act 1990”;
b
in the corresponding entry in column (ii) there shall be inserted the words “14 days”;
c
in the corresponding entry in column (iii) there shall be inserted the words “the birth parents (except where the applicants seek to dispense with their agreement under section 30(6) of the Human Fertilisation and Embryology Act 1990) and any other persons or body with parental responsibility for the child at the date of the application”;
d
in the corresponding entry in column (iv) there shall be inserted the words “any local authority or voluntary organisation that has at any time provided accommodation for the child”.
Mackay of Clashfern, C.
Dated 11th August 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Pension Schemes Act 1993 (Commencement No.1) Order 1994.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Pension Schemes Act 1993.
Appointed day
2
Apart from —
a
Part II of Schedule 5 and section 188(1) so far as it relates to it ; and
b
Schedule 7 and section 190 so far as it relates to it ,
the day appointed for the coming into force of the Pension Schemes Act 1993 is 7th February 1994.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
19th January 1994


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grant-maintained Special Schools) (Finance) Regulations 1994 and shall come into force on 1st September 1994.
2
These Regulations apply in relation to the financial year beginning on 1st April 1994.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Education Reform Act ;
“the 1993 Act ” means the Education Act 1993;
“financial year in question” means the financial year beginning in 1994;
“local education authority” in relation to any school means the local education authority by which the school was maintained immediately before it became a grant-maintained special school;
“preceding financial year” means the financial year beginning in 1993; and
“school” means a grant-maintained special school situated in England not being a school established in pursuance of proposals made by the funding authority under section 183 of the 1993 Act.
2
The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions listed in the right-hand column in relation to those expressions —
aggregated budget section 33(4)(b) of the 1988 Act capital grants section 83(1) of the 1993 Act delegated budget section 33(6)(b) of the 1988 Act financial year section 305(1) of the 1993 Act general schools budget section 33(4)(a) of the 1988 Act maintenance grant section 81(1) of the 1993 Act relevant date regulation 11(7) relevant expenditure regulation 9(3) relevant percentage regulation 5(2) scheme section 51(2)(a) of the 1988 Act school’s budget share section 51(2)(b) of the 1988 Act special purpose grants section 82(1) of the 1993 Act.
3
In these Regulations —
a
references to a change in the characteristics of a school include, in particular, references to any change in the number of registered pupils thereat; and
b
references to a school becoming a grant-maintained special school are references to a school becoming such a school under Part 2 of the Education (Grant-maintained Special Schools) Regulations 1994.
4
For the purposes of these Regulations a school becomes a grant-maintained special school on the date of implementation of the proposals in respect of the school under Chapter II or IX of Part II of the 1993 Act.
5
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
PART 2
MAINTENANCE GRANT
Determination of amount of maintenance grant
3
1
Subject to regulation 8, the amount of maintenance grant payable in respect of a school for the financial year in question shall be the sum of the amounts determined in respect of the school and the year in accordance with regulations 4, 5, 6(1) and (where applicable) 7.
2
Where in the opinion of the funding authority precise calculation for the purpose of determining any of the amounts referred to in paragraph (1) —
a
would be impracticable;
b
would not significantly affect the amount; or
c
would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount,
paragraph (1) shall have effect as if it required the funding authority to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to them to be fair and reasonable having regard in particular to the local education authority’s scheme.
4
The funding authority shall determine an amount which appears to them to be equal to that amount of the school’s budget share for the financial year in question in respect of which, immediately before the school became a grant-maintained special school, sums had neither been deducted by the local education authority in accordance with their scheme nor made available pursuant to section 36(2) and (3) of the 1988 Act , or, if made available, had not been spent by the governing body of the school in exercise of their powers under section 36(5) of that Act.
5
1
The funding authority shall determine the amount which is equal to the relevant percentage of the amount determined by the application of the following formula —
A × J , B
where
A is the number of days in the financial year falling on or after the date on which the school becomes a grant-maintained special school;
B is 365; and
J is the amount of the school’s budget share for the financial year in question.
2
In these Regulations the relevant percentage is the percentage determined in accordance with Schedule 1.
6
1
The funding authority shall determine the amount which is the sum of the amounts determined in accordance with paragraphs (4) to (7).
2
The funding authority shall determine an amount in respect of the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B ) ,
where
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the local education authority’s planned expenditure for the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the preceding financial year determined by the funding authority;
G is the total of the local education authority’s planned expenditure for the financial year in question on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the funding authority.
3
In paragraph (2) —
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the funding authority;
“planned expenditure” means the initial amount appropriated by the local education authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all special schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the 1988 Act .
4
The funding authority shall determine the amount calculated by the application of the following formula —
A × C × F B ,
where
C is the amount determined in accordance with regulation 6(2);
F is 1.015, where the date of implementation of the proposals falls before 1st January 1995, and 1.02, where that date falls after 31st December 1994; and
A and B represent the matters respectively denoted by those letters in regulation 5(1).
5
The funding authority shall determine the amount which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.
6
Where the school provides education for junior pupils who have not attained the age of five years, the funding authority shall determine the amount (if any) in respect of such provision which they are satisfied is fair and reasonable having regard in particular to the extent to which, in their opinion, the cost of such provision ought to be met from the amount determined in accordance with regulation 4.
7
The funding authority shall determine the amount (if any) which it appears to them, were the school maintained by the local education authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in support of expenditure of the kind referred to in section 11 of the Local Government Act 1966 , in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, not being expenditure expected to be offset by income received as central government grants.
7
Where in a financial year preceding the financial year in question the school had a delegated budget under the local education authority’s scheme, the funding authority shall determine the amount (if any) which it appears to them is equal to that amount of the school’s budget share for any financial year prior to the financial year in question in respect of which sums had neither been deducted by the local education authority in accordance with their scheme nor made available pursuant to section 36(2) or (3) of the 1988 Act, or if made available, were not spent by the governing body in exercise of their powers under section 36(5) of that Act.
Determination of amount of maintenance grant otherwise than under regulation 3
8
1
Notwithstanding the provisions of regulation 3, the funding authority may determine as the amount of maintenance grant payable in respect of a school for the financial year in question the sum of the amounts determined in accordance with regulations 9(7) and 10.
2
The funding authority shall consult the local education authority and the governing body of the school before determining the amount of maintenance grant payable in respect of the school for the financial year in question in accordance with this regulation.
9
1
The funding authority shall determine an amount which is the sum of the amounts determined in accordance with paragraphs (2), (4) and (5), subject to any adjustment made in accordance with paragraph (6).
2
The funding authority shall determine an amount which they are satisfied is equal to the amount of relevant expenditure incurred by the local education authority in respect of the school in the preceding financial year.
3
Schedule 2 shall have effect for the purpose of determining the amount of relevant expenditure incurred by the authority in that year.
4
The funding authority shall determine an amount which is equal to the relevant percentage of the amount determined in accordance with paragraph (2).
5
The funding authority shall determine an amount in respect of the local education authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B ) ,
where
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 6(2); and for the purposes of this paragraph the expressions used in regulation 6(2) shall have the meanings assigned to them by regulation 6(3).
6
The sum of the amounts determined in accordance with paragraphs (2), (4) and (5) may be adjusted by such amount as the funding authority are satisfied is fair and reasonable having regard, in particular, to —
a
any increase or decrease in the actual or planned level of spending of the local education authority in respect of the schools maintained by them occurring during or since the end of the preceding financial year, and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the funding authority will be likely to occur before the end of the financial year in question.
7
The funding authority shall determine the amount calculated by the application of the following formula —
A × E × F B ,
where
E is the amount determined in accordance with regulation 9(1);
A and B represent the matters respectively denoted by those letters in regulation 5(1); and
F represents the number denoted by that letter in regulation 6(4).
10
The funding authority shall determine —
a
where, if the amount of maintenance grant for the school were to be determined under regulation 3, an amount would be determined in respect of the school in accordance with regulation 7, that amount; and
b
where, if the amount of maintenance grant for the school were to be so determined, an amount would be determined in respect of the school in accordance with regulation 6(7), that amount.
Relevant date
11
1
Subject to paragraphs (2)
and (3) and regulation 13, any amount required to be determined by the funding authority under these Regulations shall be determined on the information available to them on the relevant date.
2
In paragraph (1), the relevant date means 1st September 1994 or, for the purposes of determining the amount of maintenance grant payable in respect of any school for the financial year in question, such other date as the funding authority may determine.
3
The funding authority may, in any case where they consider it appropriate to do so, redetermine the relevant date.
4
Where —
a
the funding authority determine in accordance with paragraph (2) that, in respect of any school for the financial year in question, the relevant date should be a date other than 1st September 1994, or
b
they redetermine the relevant date in accordance with paragraph (3),
they shall notify the governing body of the school and the local education authority in writing of that fact.
5
Where there is not available to the funding authority on the relevant date sufficient information as will, in their opinion, allow them to determine any amount referred to in paragraph (1) they may determine the amount of maintenance grant payable in respect of the school on such basis as appears to them to be fair and reasonable having regard to the information available to them on the relevant date.
6
The funding authority shall not take into account any information made available to them after the relevant date (but before the date of their determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
7
References in these Regulations to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.
Adjustments
12
1
Without prejudice to paragraph (5), this paragraph applies where —
a
after determining the amount of maintenance grant payable in respect of any school for the financial year in question in accordance with these Regulations it appears to the funding authority that, by reason of —
i
any change in the characteristics of the school,
ii
any change in the level of spending by the local education authority, or
iii
any other change affecting the needs of the school,
the amount so payable should be revised; or
b
the funding authority are satisfied that their determination of the amount of maintenance grant payable in respect of any school for the financial year in question was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.
2
In any case to which paragraph (1) applies, the funding authority may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise their determination accordingly.
3
Subject to paragraph (4), paragraph (2) shall not enable the funding authority to revise their determination of maintenance grant so as to reduce the amount of grant payable in respect of the school concerned for the financial year in question.
4
The funding authority may revise their determination of maintenance grant so as to reduce the amount payable where —
a
that determination was made in ignorance of, or was based on a mistake as to, some material fact; and
b
such ignorance or mistake was not attributable to an act or omission of the local education authority.
5
Where it appears to the funding authority that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for the financial year in question is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, they may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (6), and revise their determination accordingly.
6
Where the funding authority decide to redetermine the amount of maintenance grant by virtue of paragraph (5), they shall redetermine that amount by adding to it such amount as appears to them to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
7
Where in accordance with this regulation the funding authority revise the amount of maintenance grant payable in respect of any school for the financial year in question they shall give notice thereof to the governing body of the school and to the local education authority.
8
A determination which has been revised in accordance with this regulation may be further revised in accordance with this regulation and may be so further revised notwithstanding that the funding authority are satisfied that the revised determination was not made in accordance with these Regulations.
Application of relevant date provisions to a redetermination of the amount of maintenance grant
13
1
In its application for the purposes of any redetermination under regulation 12 of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 11 shall have effect subject to the following provisions of this regulation.
2
Where the redetermination of maintenance grant under regulation 12(2) is made on one or more of the grounds specified in paragraph (1)(a) of that regulation the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.
3
Where the redetermination of maintenance grant under regulation 12(2) is made on the grounds, specified in paragraph (1)(b) of that regulation, that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.
4
Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 12(2), they may take that information into account for the purposes of making any further redetermination under that regulation.
5
Regulation 11 shall not apply where a redetermination is made by the funding authority in accordance with regulation 12(5) and (6).
Requirements which may be attached to payment of maintenance grant
14
1
The requirement set out in paragraph 1 of Schedule 3 is specified as a requirement which may be imposed by the funding authority on governing bodies to whom payments of maintenance grant are or have been made.
2
The funding authority may determine, for the purposes of the application of section 84(1) and (2) of the 1993 Act to such governing bodies, any requirements referred to in paragraphs 2 to 4 of Schedule 3.
PART 3
CAPITAL AND SPECIAL PURPOSE GRANTS
Capital grants
15
1
Subject to paragraph (2), the funding authority may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school.
2
In the case of a school which is established in a hospital paragraph (1) shall apply only in respect of expenditure of a class or description specified in paragraph 1(d) of Schedule 4.
Special purpose grants
16
1
The funding authority may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 5 incurred or to be incurred by the governing body of a school —
a
for or in connection with the educational purposes so specified; or
b
in respect of any expenses so specified being expenses which it appears to the funding authority the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of capital or special purpose grants
17
1
The requirements set out in paragraph 1 of Schedule 3 and paragraph (2)
below are specified as requirements which may be imposed by the funding authority on governing bodies to whom payments of capital or special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are —
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the funding authority.
3
The funding authority may determine for the purposes of the application of section 84(1) and (2) of the 1993 Act to such governing bodies as are referred to in paragraph (1) —
a
any requirement referred to in paragraphs 2 to 4 of Schedule 3;
b
any requirement formulated for the purpose of assisting the funding authority to be satisfied that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as the funding authority may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by the funding authority in accordance with this regulation subject to which the payments were made is not complied with.
4
The funding authority may determine for the purposes of the application of that section to governing bodies to whom payments of special purpose grants are or have been made requirements as to the payment to the funding authority, if any conditions specified in the requirements are satisfied, of the whole or any part of the amount referred to in section 84(7) of the 1993 Act.
PART 4
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM LOCAL EDUCATION AUTHORITY
Determination of amount to be recovered
18
The total amount which the Secretary of State may recover by virtue of section 93 of the 1993 Act from a local education authority named in a determination under that section applying that section in respect of any school in relation to the financial year in question is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1994 and shall come into force on 1st September 1994.
2
In these Regulations —
“ the Act ” means the Education Act 1993;
“the 1988 Act ” means the Education Reform Act 1988 .
Determination of amount
2
1
The appropriate amount of funding —
a
to be transferred for the purposes of section 262(2) of the Act (former provider to pay new provider where pupil permanently excluded from school maintained by local education authority, grant-maintained school or grant-maintained special school);
b
to be subtracted from the budget share of a school covered by a local education authority’s scheme in accordance with that scheme pursuant to section 262(4)(a) of the Act (school’s budget share to be reduced where pupil permanently excluded from school covered by local education authority scheme); and
c
to be allocated for the purposes of such a school in accordance with the scheme pursuant to section 262(4)(b) of the Act (amount to be allocated where permanently excluded pupil admitted to school covered by local education authority scheme),
shall be the amount determined by the application of the following formula —
A × B C ,
where
A is the amount attributable in accordance with the allocation formula under the local education authority’s scheme as it applies in the financial year in which the relevant date falls to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme; and for the purposes of this definition the reference to the local education authority is a reference to the local education authority maintaining the school from which the pupil is excluded or, where the pupil is excluded from a grant-maintained school, the local education authority in whose area the school is situated or, where the pupil is excluded from a grant-maintained special school, the local education authority which formerly maintained the school.
B is the number of days on which the school is to meet in the financial year falling on or after the relevant date; and
C is 190.
2
In this regulation —
“allocation formula” has the meaning assigned to it by section 38(2) of the 1988 Act;
“budget share” in relation to schools means the school’s budget share within the meaning of section 33(2) of that Act ;
“scheme” has the meaning assigned to it by section 51(2)(a) of that Act ; and
“relevant date” means —
the date upon which permanent exclusion first takes effect in accordance with section 262(9) of the Act; or
in the case of a permanently excluded pupil who is first provided with education in a pupil referral unit or otherwise than at school the date on which that pupil is subsequently admitted to a school.
John Patten
Secretary of State for Education
27th June 1994
John Redwood
Secretary of State for Wales
28th June 1994


text:
1
This Order may be cited as the Local Government (Magistrates' Courts etc.) Order 1994 and shall come into force on 28th November 1994.
2
Paragraph 5 of the Schedule to the Local Government (Magistrates' Courts etc.) Order 1985 is hereby revoked.
Mackay of Clashfern, C.
Dated 2nd November 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Switzerland) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Switzerland) Order 1978 as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Switzerland) Order 1982 , have been made with the Swiss Federal Council with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Switzerland; and
b
that it is expedient that those arrangements should have effect.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
1
The Regulations may be cited as the Hovercraft (Fees) Regulations 1994 and shall come into force on 1st July 1994.
2
The Schedule to the Hovercraft (Fees) Regulations 1992 shall be amended in accordance with the following table, by substituting, in the paragraph in the Schedule listed in column 1, for the amount in column 2 the amount in column 3.
(1) (2) (3) Paragraph of Schedule being amended Existing amount Revised amount
PART I 2 £18,000 £20,300 39p 42p 3 £45,150 £48,750 93p £1 4 £22,550 £24,350 5 £7.75 £8,35 £6.00 £6.50 £3.90 £4,20 £2.00 £2,15 £1.35 £1,45 £22,550 £24,350 43.50p 47p 6 £7,75 £8.35 £6,00 £6.50 £3,90 £4.20 £2,00 £2.15 £1,35 £1.45 £22,550 £24,350 43.50p 47p 7 £45,150 £48,750 93p £1 8 £3,90 £4,15 £115 £124,50 (in all cases) £2,00 £2,15 £60 £64,50 (in all cases) 20p 21p 10.5p 11p £4,000 £4320 9 £400 £432 (in both cases) PART II 3 £37 £45 (in both cases) 5 £37 £45 6 (£) £37.00 £45 (in all cases) (£) £84.00 £90 (£) £ 18.50 £22,50
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
17th May 1994
We approve the making of these Regulations.
Irvine Patnick
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 1994


text:
1
This Order may be cited as the Potato Marketing Scheme (Amendment) Order 1994.
2
The amendments of the Potato Marketing Scheme which are set out in the Schedule hereto are hereby approved and shall come into force on 8 September 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
5th September 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th September 1994
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
7th September 1994


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Highlands and Islands Agricultural Programme Regulations 1994 and shall come into force on 30th December 1994.
2
These Regulations shall apply to the area of Scotland comprising —
a
Highland Region; Western Isles Islands area; Orkney Islands area; Shetland Islands area; Argyll and Bute District; Arran, Great Cumbrae and Little Cumbrae in Cunninghame District; and
b
in Moray District, the Parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” has the same meaning as in section 86 of the Agriculture (Scotland) Act 1948 and “agricultural” shall be construed accordingly;
“agricultural holding” means an agricultural holding within the meaning of the Agricultural Holdings (Scotland) Act 1991 ;
“agricultural unit” means a croft, agricultural holding or smallholding within the programme area and includes a common grazing;
“application” means an application for financial assistance under the scheme made in accordance with regulation 5 and “applicant” and “apply” shall be construed accordingly;
“apportioned land” means land formerly part of a common grazing apportioned by the Crofters Commission under section 52 of the Crofters (Scotland) Act 1993 for the exclusive use of a crofter;
“approved” means approved by the Secretary of State in writing and “approve” and “approval” shall be construed accordingly;
“ Commission Decision ” means the Commission Decision of 29th July 1994 on the adoption of the single programming document for Community structural assistance in the region of Highlands and Islands concerned by Objective 1;
“Community assistance” means assistance from the Guidance Section of the European Agricultural Guidance and Guarantee Fund (“ EAGGF ”) payable in accordance with Council Regulations ;
“Council Regulations” means —
Council Regulation ( EEC ) No 2052/88 of 24th June 1988 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operation of the European Investment Bank and other existing financial instruments as amended by Council Regulation (EEC) No 2081/93 of 20th July 1993 ;
Council Regulation (EEC) No 4253/88 of 19th December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments as amended by Council Regulation (EEC) No 2082/93 of 20th July 1993 ; and
Council Regulation (EEC) No 4256/88 of 19th December 1988 laying down provisions for implementing Council Regulation (EEC) No 2052/88 as regards the EAGGF Guidance Section as amended by Council Regulation (EEC) No.2085/93 of 20th July 1993 ;
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1993;
“eligible expenditure” means expenditure (including reasonable professional fees and charges) approved in relation to measures to be undertaken under the scheme;
“eligible person” means a person who is the legal occupier of an agricultural unit within the area to which these Regulations apply and in relation to a common grazing means the grazings committee;
“grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993 and includes a grazings constable;
“inbye land” means any land which is, or has been enclosed or delineated by fences, dykes, hedges etcetera (including apportioned land) which has been used for cultivation, production of forage or closely controlled grazing by livestock;
“measure” means a business improvement measure or environmental enhancement measure specified in the Schedule;
“programme” means the agricultural programme for farming and crofting businesses described at Priority 4 Measure 3 of the single programming document approved by the Commission Decision and entitled, for the purposes of these Regulations, the Highlands and Islands Agricultural Programme;
“scheme” means the agricultural business improvement scheme to assist the improvement of agricultural businesses by the implementation of the measures set out in the Schedule;
“smallholding” means any holding within the meaning of section 2 and section 32 of the Small Landholders (Scotland) Act 1911 .
2
References in these Regulations to a numbered regulation or to the Schedule shall be construed as a reference to the regulation so numbered in or to the Schedule to these Regulations.
Objectives
3
Subject to the provisions of these Regulations the Secretary of State may make payments of financial assistance under the scheme where he is satisfied that the payments will help to achieve the objectives of improving the income generating potential of those employed in agriculture, maintaining rural employment and enhancing the environment and in particular —
a
improving the efficiency of the agricultural unit;
b
improving margins by reducing the need for purchased agricultural inputs;
c
improving the quality and value of agricultural produce;
d
encouraging the uptake of opportunities by eligible persons to become involved in other economic activities;
e
maintaining the environment and providing opportunities for its enhancement.
Resource audit and business assessment
4
1
An eligible person who proposes to seek financial assistance under the scheme shall prior to making an application comply w ith the following paragraphs of this regulation.
2
The eligible person shall obtain the prior approval of the Secretary of State to the undertaking of a resource audit and business assessment of the agricultural unit.
3
If the Secretary of State so approves the eligible person shall arrange for the undertaking of the resource audit and business assessment in accordance with paragraphs (4) and (5) below.
4
The resource audit and business assessment shall identify to the satisfaction of the Secretary of State —
a
the assets of the agricultural business;
b
the opportunities for development including opportunities for conservation or enhancement of the environment;
c
the skills and training needs of the eligible person and the farming family resident on or in the vicinity of the agricultural unit; and
d
the priorities for investment in the agricultural business.
5
The resource audit and business assessment shall be undertaken at the expense of the eligible person.
6
The Secretary of State may pay to the eligible person financial assistance at the rate of 50% towards the cost incurred in the preparation of the resource audit and business assessment, subject to a maximum payment of £250.
Application
5
1
An eligible person who has had a resource audit and business assessment undertaken under regulation 4 may submit an application to the Secretary of State for approval in accordance with the following provisions of this regulation.
2
An application shall be made in writing in such form as the Secretary of State reasonably may require and shall include —
a
sufficient information to show that the measure is being undertaken by an eligible person;
b
confirmation that the measure is being undertaken on an agricultural unit within the area to which these Regulations apply;
c
sufficient information to show that the measure is identified in the resource audit and business assessment as a priority for investment;
d
a description of the measure proposed; and
e
a statement of the specific benefits which the proposed measure will achieve.
3
The applicant shall furnish to the Secretary of State such further information and evidence in relation to the application as the Secretary of State reasonably may require.
4
More than one application may be submitted provided that the total amount of financial assistance to be received in respect of the agricultural unit does not exceed the limits mentioned in regulation 8(3) and (4).
Restrictions on approval of applications
6
1
The Secretary of State shall not approve an application for financial assistance —
a
towards a business improvement measure mentioned in Column 1 of Part A of the Schedule unless he is satisfied that —
i
the measure is to be carried out by, or on behalf of the eligible person;
ii
completion of the measure will achieve the objectives of the scheme set out in regulation 3;
iii
the application relates to one or more of the measures set out in Column 1 of Part A of the Schedule;
iv
the measure has been identified by the resource audit and business assessment as a priority for investment;
v
no other public funding has been or will be sought in respect of the measure, other than under these Regulations; and
vi
the eligible expenditure is at least £1,000;
b
towards an environmental enhancement measure mentioned in Column 1 of Part B of the Schedule unless the eligible person has a business improvement measure referred to above approved in respect of the agricultural unit; or
c
if he considers that in the circumstances current at the time of application other applications are to be preferred.
2
Subject to paragraph (1) above, the Secretary of State as he thinks fit may refuse to approve the application or may approve the application in whole or in part and he may make his approval subject to such conditions as he may impose.
Variation of approval
7
The Secretary of State may vary the approval or any condition attached thereto.
Financial assistance
8
1
The Secretary of State may give to an eligible person financial assistance under the scheme towards eligible expenditure —
a
on approved business improvement measures mentioned in Column 1 of Part A of the Schedule;
b
on approved environmental enhancement measures mentioned in Column 1 of Part B of the Schedule.
2
Financial assistance shall be payable in respect of any measure at the rate specified in Column 2 of the Schedule opposite the measure mentioned in Column 1 of the Schedule.
3
In respect of the business improvement measures referred to in paragraph (1)(a) above, the total amount of financial assistance payable in respect of the agricultural unit shall not exceed —
a
in the case of a common grazing £60,000;
b
in any other case £20,000.
4
In respect of the environmental enhancement measures referred to in paragraph 1(b) above, the total amount of financial assistance payable in respect of the agricultural unit shall not exceed £6,000.
Claims for financial assistance
9
Any claims for financial assistance under these Regulations shall be made in such form and manner and at such time as the Secretary of State may from time to time require, and the eligible person shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Secretary of State reasonably may require and in particular —
a
evidence that the amount of expenditure on which financial assistance is claimed has been incurred including details of any discount received by the eligible person;
b
documentary evidence that the approved measure has been properly executed; and
c
in respect of a claim in respect of the cost of the resource audit and business assessment referred to in regulation 4, a copy of the assessment.
Payment of assistance
10
The Secretary of State may determine the manner and timing of the payment of financial assistance under these Regulations.
Powers of entry and inspection
11
1
For the purposes of these Regulations and in particular for the purpose of —
a
securing that financial assistance under these Regulations is made in proper cases only;
b
ascertaining whether any financial assistance is payable or recoverable;
c
ascertaining whether an offence under these Regulations has been or is being committed,
any person duly authorised in that behalf by the Secretary of State may upon production if so required of some duly authenticated document showing his authority, at all reasonable times of the day enter upon and inspect any land and may —
i
inspect any premises, plant and machinery, equipment or livestock in respect of which financial assistance under these Regulations has been made or claimed; provided that admission to any premises used as a dwellinghouse shall not be demanded as of right under this sub-paragraph unless 24 hours' notice of intended entry has been given to the occupier of the premises;
ii
require the eligible person to furnish for inspection any book, account or other record in his possession or under his control which the authorised person considers is necessary to substantiate the entitlement to financial assistance under these Regulations.
2
In exercise of the power conferred on him by this regulation, an authorised person may be accompanied by such persons acting under his instructions as appear to him to be necessary and, in relation to the inspection of documents, he shall be entitled to take such copies or extracts therefrom as he may consider necessary.
Reduction, withholding and recovery of financial assistance
12
1
Subject to paragraph (2) below, if at any time after the Secretary of State has approved an application or paid financial assistance under these Regulations it appears to him that —
a
any condition subject to which the approval was given or the financial assistance has been paid has not been complied with, or the expected benefits have not been achieved; or
b
any measure in respect of which financial assistance has been paid has been badly done or provided, or has been or is being unreasonably delayed or is unlikely to be completed; or
c
the carrying out or provision of the measure in respect of which such financial assistance is claimed appears to the Secretary of State to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Community; or
d
the carrying out of the measure in respect of which such financial assistance is claimed has been effected in a way which appears to the Secretary of State to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by the purpose for which financial assistance is claimed; or
e
public funding in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; or
f
he considers that the expenditure towards which such financial assistance is claimed is excessive, having regard to the measure carried out or provided and to which the claim relates; or
g
the eligible person has —
i
intentionally obstructed any officer in exercise of his powers under regulation 11; or
ii
failed to comply with a requirement imposed under regulation 11(1); or
h
the eligible person gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect,
the Secretary of State may revoke the approval, in whole or in part or may reduce or withhold any financial assistance under these Regulations and, where any such financial assistance has been paid, may recover on demand an amount equal to the financial assistance which has been so paid or such part thereof as he may specify.
2
Before revoking an approval, reducing or withholding any financial assistance or making a demand under paragraph (1) above, the Secretary of State shall give to any person to whom any such financial assistance would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by him, and shall allow that person a period of 21 days in which to make representations in writing to him.
False statements
13
1
If the eligible person, for the purposes of obtaining for himself or any other person any financial assistance under these Regulations, knowingly or recklessly makes a statement which is false in any material particular he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Summary proceedings for such an offence may be commenced at any time within 3 years after the commission of the offence and within 6 months after the relevant date and for the purposes of this paragraph proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted if such warrant is executed without undue delay.
3
In this regulation “the relevant date” means the date on which evidence sufficient in the opinion of the Procurator Fiscal to justify proceedings comes to his knowledge.
4
For the purposes of the foregoing paragraph a certificate of the Procurator Fiscal as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Sickness and Invalidity Benefit and Severe Disablement Allowance) Miscellaneous Amendments Regulations 1994 and shall come into force on 16th May 1994.
Amendment of Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
In regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) for paragraph (3) there shall be substituted the following paragraph —
3
Subject to paragraph (4), a person who is suffering from some specific disease or bodily or mental disablement but who, by reason only of the fact that he has done some work while so suffering, is found not to be incapable of work, may be deemed to be so incapable if that work is —
a
either —
i
work which is undertaken under medical supervision as part of his treatment while he is a patient in or of a hospital or similar institution, or
ii
work which is not so undertaken and which he has good cause for doing,
and from which, in either case, his earnings do not exceed £43.00 in the week in which that work is performed; or
b
work undertaken as a volunteer for less than 16 hours in the week in which it is performed.
.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984h
3
1
The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) after paragraph (1B) there shall be inserted —
1C
In these Regulations —
“voluntary body” means a body the activities of which are carried out otherwise than for the purpose of profit; and
“volunteer” means a person who is engaged in voluntary work with a charity or voluntary body, or who is engaged in voluntary work otherwise than for a member of his family, where the only payment received by him or due to be paid to him by virtue of being so engaged, is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged.
.
3
In regulation 9(d)(iii) (disqualification for severe disablement allowance) at the end of head (cc) there shall be inserted the word “or” and after that head there shall be inserted —
dd
work undertaken as a volunteer for less than 16 hours in the week in which it is performed,
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Addenbrooke’s National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the Addenbrooke’s 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 16th November 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
18th October 1994


text:
Citation and commencement
1
This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities) (No. 8) Order 1994 and shall come into force on 10th March 1994.
Designation of authorities and specification of functions
2
For the purposes of section 180(3) of the Financial Services Act 1986 and section 449(1B) of the Companies Act 1985, the Director General of the National Lottery is designated as an authority in relation to his functions under sections 5 to 10 inclusive and section 15 of the National Lottery etc. Act 1993 .
3
In the Companies Act 1989, in section 87, in the Table of relevant authorities and functions contained in subsection (4), the following shall be inserted at the end:–
The Director General of the National Lottery. Functions under sections 5 to 10 inclu– sive and section 15 of the National Lottery etc. Act 1993.
Neil Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
15th February 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Dartmoor) 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 2 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 8 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;
“grazing unit” means an area of land on which stock management and numbers can be controlled by existing boundaries or by shepherding;
“hay meadow” means land used for the production of hay;
“improved permanent grassland” means permanent grassland which is receiving regular inputs of inorganic fertiliser exceeding 50 kg of nitrogen, 25 kg of phosphate and 25 kg of potash per hectare per year;
“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;
“low-input permanent grassland” means permanent grassland which is receiving inputs of inorganic fertiliser not exceeding 50 kg of nitrogen, 25 of kg phosphate and 25 kg of potash per hectare per year;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer or the woodland owner obtains approved for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 ;
“moorland” means land covered by semi-natural upland vegetation and which is generally unenclosed except along ownership boundaries;
“Newtake” means a parcel of land covered by semi-natural vegetation which has been enclosed in accordance with local custom from the area known as the Forest of Dartmoor;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“unimproved pasture and enclosed rough land” means enclosed areas of rough grazing, scrub, mires and wetland which have not been regularly cultivated, drained or reseeded or treated with fertiliser, lime, slag or pesticides;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference 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 land on Dartmoor in the County of Devon which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Dartmoor 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 reenactment thereof for the time being in force.
Rates of payment under agreement
7
1
The Minister shall make payments under an agreement for land to which the agreement relates at the following rates —
a
£12 per annum for each hectare of land other than improved permanent grassland, low-input permanent grassland, unimproved pasture and enclosed rough land, moorland or woodland;
b
£25 per annum for each hectare of improved permanent grassland;
c
£30 per annum for each hectare of low-input permanent grassland;
d
£32 per annum for each hectare of unimproved pasture and enclosed rough land;
e
£40 per annum for each hectare of moorland,
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 Schedule 3 or 4 in relation to any land, 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 3 180 Schedule 4 55
4
Where an agreement includes the additional provisions specified in Schedule 5 in relation to any managed woodland, the Minister shall make payments at a rate of £25 per annum for each hectare of that managed woodland.
5
Where an agreement includes the additional provisions specified in Schedule 6, the Minister shall make payments at the rate of £3 for each 10 metres of stockproof hedge per hectare, subject to a maximum of 50 metres of stockproof hedge per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any Newtakes or moorland) which contains or is enclosed or partially enclosed by such hedges.
6
Where an agreement includes the additional provisions specified in Schedule 7, the Minister shall make payments at the rate per annum of £4 for each 0.25 metre of stone walls or banks, subject to a maximum of 1.5 metres of stone walls or banks per hectare per annum, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any Newtakes or moorland) which contains or is enclosed or partially enclosed by stone walls or banks.
7
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 £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
3rd March 1994.
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 Education (Special Educational Needs Code of Practice) (Appointed Day) Order 1994 and shall come into force on 1st September 1994.
Appointed Day
2
1st September 1994 is hereby appointed as the day on which the Code of Practice on the Identification and Assessment of Special Educational Needs issued pursuant to Section 158(4) of the Education Act 1993 on 25th May 1994 shall come into effect.
Eric Forth
Parliamentary Under Secretary of State
Department for Education
25th May 1994


text:
1
1
This Order may be cited as the Parliamentary Elections (Returning Officers Charges) Order 1994 and shall come into force on 8th April 1994.
2
This Order shall not extend to Northern Ireland.
3
The Returning Officers Charges Order 1992 is hereby revoked.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
yservices of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A ofthe Schedule”), and
b
expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B ofthe Schedule”) and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specifiedas —
a
£344.69 in respect of the services specified in Part A of the Schedule, and
b
£853.19 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order —
a
“election” means a parliamentary election, and
b
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published.
Home Office
We consent to this Order
Irvine Patnick
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1994