text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments and Transitional Provisions) Regulations 1994 and shall come into force on 7th February 1994.
PART II
AMENDMENT OF REGULATIONS
Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992
2
1
The Child Support (Maintenance Assessment Procedure) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraph (c) of paragraph (4) of regulation 10 of those Regulations there shall be substituted the following sub-paragraphs —
c
where a fresh maintenance assessment is made following a review under section 18 of the Act , sections 16, 17 and 20 of the Act;
d
where a fresh maintenance assessment is made following a review under section 19 of the Act, sections 16, 17 and 18 of the Act.
.
3
In paragraph (2) of regulation 20 of those Regulations, for the words after “the provisions of paragraph 6 of Schedule 1 to the Act would apply to that assessment,” there shall be substituted the words —
he shall not make a fresh assessment if —
where the amount fixed by the original assessment is less than the amount that would be fixed by the fresh assessment, the difference between the two amounts is less than £5.00 a week; and
where the amount fixed by the original assessment is more than the amount that would be fixed by the fresh assessment, the difference between the two amounts is less than £1.00 a week.
.
4
In paragraph (2) of regulation 21 of those Regulations for the words “that difference is less than £1.00 per week” there shall be substituted the words
that difference is less than —
where the aggregate amount fixed by the original assessments is less than the aggregate amount that would be fixed by the fresh assessments, £5.00 a week; and
where the aggregate amount fixed by the original assessments is more than the aggregate amount that would be fixed by the fresh assessments, £1.00 a week.
.
5
At the end of paragraph (1) of regulation 31 of those Regulations there shall be added the words “disregarding any previous assessment made following a review made under section 18 or 19 of the Act”.
Amendment of the Child Support (Collection and Enforcement) Regulations 1992
3
1
At the beginning of paragraph (e) of regulation 9 of the Child Support (Collection and Enforcement) Regulations 1992 there shall be inserted the words “except in the case of a Category A or Category B interim maintenance assessment within the meaning of regulation 8(1A) and (1B) of the Child Support (Maintenance Assessment Procedure) Regulations 1992,”.
2
In Schedule 2 to those Regulations —
a
after head B of the table to paragraph 1 there shall be inserted the following head
In column 1 —
BB For preparing and sending a letter advising the liable person that the written authorisation of the Secretary of State is with the person levying the distress and requesting the total sum due:
; and
In column 2 —
“£10.00.”; and
b
in head D(ii) of that table, in column 2 for the words “45p per day” there shall be substituted the words “10p per day.”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
4
1
The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraph (b) of paragraph (1) of regulation 3 of those Regulations there shall be substituted the following sub-paragraph —
b
with respect to a person with care of one or more qualifying children —
i
where one or more of those children is aged less than 11, an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);
ii
where none of those children are aged less than 11 but one or more of them is aged less than 14, an amount equal to 75 per centum of the amount specified in head (i) above; and
iii
where none of those children are aged less than 14 but one or more of them is aged less than 16, an amount equal to 50 per centum of the amount specified in head (i) above;
.
3
For paragraph (1) of regulation 6 of those Regulations there shall be substituted the following paragraph —
1
For the purposes of the formula in paragraph 4(1) of Schedule 1 to the Act, the value of R is —
a
where the maintenance assessment in question relates to one qualifying child, 0.15;
b
where the maintenance assessment in question relates to two qualifying children, 0.20; and
c
where the maintenance assessment ,in question relates to three or more qualifying children, 0.25.
.
4
In regulation 11(1)(k) of those Regulations for “£8.00” there shall be substituted “£30.00”.
5
In regulation 11(1)(1) of those Regulations for the words “10 per centum” there shall be substituted the words “15 per centum”.
6
At the beginning of paragraph (2) of regulation 23 of those Regulations there shall be inserted the words “Subject to paragraph (2A)”and after that paragraph there shall be inserted the following paragraph —
2A
In applying the provisions of paragraph (2) to the amount which is to be included in the maintenance requirements under regulation 3(1)(b) —
a
first take the amount specified in head (i) of regulation 3(1)(b) and divide it by the relevant number;
b
then apply the provisions of regulation 3(1)(b) as if the references to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule were references to the amount which is the product of the calculation required by head (a) above, and as if, in relation to an absent parent, the only qualifying children to be included in the assessment were those qualifying children in relation to whom he is the absent parent.
.
7
In paragraph (3) of regulation 23 of those Regulations for the words “In paragraph (2)” there shall be substituted the words “In paragraph (2) and (2A)”.
8
For sub-paragraph (5) of paragraph 3 of Schedule 3 to those Regulations there shall be substituted the following sub-paragraph —
5
Where a policy of insurance has been obtained and retained for the purpose of discharging a mortgage or charge on the home of the parent in question and also for the purpose of accruing profits on the maturity of the policy, there shall be eligible to be taken into account as a housing cost —
a
where the sum secured by the mortgage or charge does not exceed £60,000, the whole of the premiums paid under that policy; and
b
where the sum secured by the mortgage or charge exceeds £60,000, the part of the premiums paid under that policy which are necessarily incurred for the purpose of discharging the mortgage or charge or, where that part cannot be ascertained, 0.0277 per centum of the amount secured by the mortgage or charge.
.
Amendment of the Child Support Fees Regulations 1992
5
1
The Child Support Fees Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) of those Regulations, for the definition of “collection fee” there shall be substituted the following definition —
“collection fee” means a fee in respect of services provided by the Secretary of State for the collection of child support maintenance or for enforcing payment of such maintenance or both such collection and such enforcement;
.
3
For paragraph (3) of regulation 3 of those Regulations there shall be substituted the following paragraph —
3
In a case falling within paragraph (1)(b) the fee payable shall be the assessment fee and if, but only if, collection or enforcement services (or both) are provided by the Secretary of State, the collection fee.
.
4
For paragraph (2) of regulation 4 of those Regulations, there shall be substituted the following paragraph —
2
Where a collection fee is payable under regulation 3(2) or 3(3) the first such fee shall become payable on the date the Secretary of State first takes action to collect or enforce payment of child support maintenance, and any subsequent fee which becomes so payable shall be payable on the date the assessment fee becomes payable.
.
PART III
TRANSITIONAL PROVISIONS
6
1
In this Part and Part IV of these Regulations —
“the Act” means the Child Support Act 1991 ;
“excess” means the amount by which the formula amount exceeds the old amount;
“existing case” means a case in which before the date when these Regulations come into force, a maintenance assessment has been made which has an effective date which also falls before that date;
“formula amount” means the amount of child support maintenance that would, but for the provisions of this Part of these Regulations, be payable under the maintenance assessment in force on the date these Regulations come into force or, if there is no such assessment, under the first assessment to come into force on or after that date;
“new case” means a case in which the effective date of the maintenance assessment falls on or after the date when these Regulations come into force;
“old amount” means subject to paragraph (2) below, the aggregate weekly amount which was payable under the orders, agreements or arrangements mentioned in regulation 7(1)(a) below;
“pending case” means a case in which an application for a maintenance assessment has been made before the date when these Regulations come into force but no maintenance assessment has been made before that date;
“ Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“transitional amount” means an amount determined in accordance with regulation 8 below; and
“transitional period” means a period of, where the formula amount does not exceed £60, 52 weeks, and in any other case 78 weeks, beginning —
in relation to an existing case, with the day that the maintenance assessment in that case is reviewed following an application under regulation 10(1) to (3) below;
in relation to a new case, the effective date of the maintenance assessment in that case;
in relation to a pending case, the effective date of the maintenance assessment in that case or the date when these Regulations come into force, whichever is the later.
2
In determining the old amount the child support officer shall disregard any payments in kind and any payments made to a third party on behalf of or for the benefit of the qualifying child or qualifying children or the person with care.
Scope of this Part
7
1
Subject to paragraph (2) below, this Part of these Regulations applies to cases where —
a
on 4th April 1993, and at all times thereafter until the date when a maintenance assessment was or is made under the Act, there was in force, in respect of one or more of the qualifying children in respect of whom an application for a maintenance assessment was or is made under the Act and the absent parent concerned, one or more —
i
maintenance orders;
ii
orders under section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child) or section 151 of the Air Force Act 1955 (deduction from pay for maintenance of wife or child) or arrangements corresponding to such an order and made under Article 1(b) or 3 of the Naval and Marine Pay and Pensions (Deductions for Maintenance) Order 1959 ; or
iii
maintenance agreements (being agreements which are made or evidenced in writing); and
b
the absent parent was on the relevant date and continues to be a member of a family, as defined in regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 , which includes one or more children;
c
the formula amount exceeds the old amount.
2
Nothing in this Part of these Regulations applies to —
a
a Category A interim maintenance assessment within the meaning of regulation 8(1B) of the Procedure Regulations and made under section 12 of the Act; or
b
a case falling within the provisions of Part II of the Schedule to the Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (modification of maintenance assessment in certain cases).
3
In sub-paragraph (1)(b) above “the relevant date” means —
a
in an existing case, the date these Regulations come into force;
b
in a new case, the effective date of the maintenance assessment in that case; and
c
in a pending case, the effective date of the maintenance assessment in that case or the date on which these Regulations come into force, whichever is the later.
Transitional amount of child support maintenance
8
1
In a case to which this Part of these Regulations applies the amount of child support maintenance payable under a maintenance assessment during the transitional period shall, instead of being the formula amount, be the transitional amount.
2
The transitional amount is —
a
where the formula amount is not more than £60, an amount which is £20 greater than the old amount;
b
where the formula amount is more than £60 —
i
during the first 26 weeks of the transitional period, the old amount plus either 25 per centum of the excess or £20.00, whichever is the greater;
ii
during the next 26 weeks of the transitional period, the old amount plus either 50 per centum of the excess or £40.00, whichever is the greater; and
iii
during the last 26 weeks of the transitional period, the old amount plus either 75 per centum of the excess or £60.00, whichever is the greater.
3
If in any case the application of the provisions of this Part of these Regulations would result in an amount of child support maintenance becoming payable which is greater than the formula amount, then those provisions shall not apply or, as the case may be, shall cease to apply to that case and the amount of child support maintenance payable in that case shall be the formula amount.
PART IV
PROCEDURE ETC.
Interpretation
9
In this Part of these Regulations “the Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
Procedure
10
1
The provisions of Part III of these Regulations shall not apply to a case in which there is a maintenance assessment in force on the date they come into force unless the absent parent in relation to whom that assessment was made makes an application for a review of that assessment under section 17 of the Act.
2
Such an application must be made not later than 3 months after the date when these Regulations come into force, but if an application is made after that period it may be accepted if the Secretary of State is satisfied that there is good reason for its being made late.
3
Where a maintenance assessment is reviewed solely because of the coming into force of Part III of these Regulations the provisions of regulations 10(2) and 19 of the Procedure Regulations shall not apply in relation to that review but instead the child support officer shall notify to the relevant persons (as defined in regulation 1(2) of those Regulations) details of how the provisions of Part III of these Regulations have been applied in that case.
Reviews on change of circumstances
11
1
The provisions of the following paragraphs shall apply where there is a review of a previous assessment under section 17 of the Act (reviews on change of circumstances) at any time when the amount payable under that assessment is the transitional amount.
2
Where the child support officer determines that, were a fresh assessment to be made as a result of the review, the amount payable under it (disregarding the provisions of Part III of these Regulations) (in this regulation called “the reviewed formula amount”) would be —
a
more than the formula amount, the amount of child support maintenance payable shall be the transitional amount plus the difference between the formula amount and the reviewed formula amount;
b
less than the formula amount but more than the transitional amount, the amount of child support maintenance payable shall be the transitional amount;
c
less than the transitional amount, the amount of child support maintenance payable shall be the reviewed formula amount.
3
The child support officer shall, in determining the reviewed formula amount, apply the provisions of regulations 20 to 22 of the Procedure Regulations.
Reviews consequent on the amendments made by Part II
12
1
Where a child support officer reviews a maintenance assessment in consequence only of the amendments made by Part II of these Regulations he shall not make a fresh assessment if the difference between the amount of child support maintenance fixed by the assessment currently in force and the amount that would be fixed if a fresh assessment were to be made as a result of the review is less than £1.00 a week.
2
For the purposes of regulation 17(2) (intervals between periodical reviews and notice of a periodical review) and 31 (effective date of maintenance assessments following a review under sections 16 to 19 of the Act) of the Procedure Regulations, a review such as is mentioned in paragraph (1) above shall be disregarded.
3
Except in relation to the amendment made by regulation 4(8) above, notwithstanding anything in regulation 31 of the Procedure Regulations the effective date of a maintenance assessment such as is mentioned in paragraph (1) above shall be the date when these Regulations come into force.
Reviews consequent on the provisions of Part III
13
For the purposes of regulations 17(1) and 31 of the Procedure Regulations, a review made following an application under regulation 10 above shall be disregarded.
Notification
14
Regulations 17(4) to (7) and 19(1) and (2) of the Procedure Regulations shall not apply to a review such as is mentioned in regulations 12(1) and 13 above.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
3rd February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1994 and shall come into force on 8th April 1994.
2
In these Regulations “the said 1988 Regulations ” means the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 .
Amendments to the 1988 Regulations
2
The Schedule to these Regulations (which contains amendments to the 1988 Regulations) shall have effect and, accordingly, the provisions of the 1988 Regulations shall apply to development of the classes specified in Schedule 2 to those Regulations by virtue of paragraphs 13 and 14 of the Schedule to these Regulations, so as to provide for consideration to be given, before planning permission for such development is granted, to the likely environmental effects of the proposed development.
Transitional provision
3
The amendments made to regulations 2, 14, 15 and 19 of, and Schedule 2 to, the 1988 Regulations by these Regulations shall not apply in relation to applications for planning permission made before the coming into force of these Regulations.
John Selwyn Gummer
Secretary of State for the Environment
7th March 1994
John Redwood
Secretary of State for Wales
9th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Control of Industrial Major Accident Hazards (Amendment) Regulations 1994, and shall come into force on 28th February 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Control of Industrial Major Accident Hazards Regulations 1984 .
Amendment to the principal Regulations
3
Sub-paragraph (e) of paragraph (1) of regulation 3 of the principal Regulations is revoked.
Application of the principal Regulations
4
Where an industrial activity becomes subject to regulations 7 to 12 of the principal Regulations in consequence of the amendment made by regulation 3 above, then, in relation to that activity, the principal Regulations shall have effect subject to the modifications specified in the Schedule to these Regulations.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
24th January 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Home Purchase Assistance (Commutation of Repayments) Order 1994 and shall come into force on 7th April 1994.
2
In this Order —
“institution” means a recognised lending institution liable to repay a relevant advance;
“relevant advance” means an advance —
which, but for this Order, would be repayable on or after the repayment date; and
as respects England and Wales, which the Secretary of State has made to an institution under section 445(1) of the Housing Act 1985 for providing assistance under section 446(1)(a) or (b) of that Act; or
as respects Scotland, which the Secretary of State has made to an institution under section 222(1) of the Housing (Scotland) Act 1987 for providing assistance under section 223(1)(a) or (b) of that Act; and
“repayment date” means 29th April 1994. Commutation.
2
1
The terms of relevant advances shall be varied so as to commute what would otherwise be a number of repayments by an institution into a single repayment calculated in accordance with paragraph (2) and that single repayment shall be paid by each institution to the Secretary of State on the repayment date.
2
The single repayment shall be the aggregate of relevant advances after each relevant advance has been commuted in accordance with the following formula —
C
=
A
(
1
+
R
)
N
12
Where —
C
the commuted advance;
A
the amount of the advance;
R
the average gross redemption yield appearing in the Financial Times last published before 8th April 1994 for medium (8%-10¾%) British Government stock of up to five years to redemption, expressed as a decimal; and
N
the number of complete calendar months during the period beginning on the repayment date and ending immediately before the date on which, but for this Order, A would have been repayable, on the assumption that it would have been repayable at the end of the period of 57 months starting on the date on which the advance was made.
Amendments to directions.
3
1
Subject to article 4, the Home Purchase Assistance Directions 1978 are amended as follows.
2
For paragraphs 3 to 10 substitute —
3
On or before 8th April 1994 each institution shall (without request being made) provide the Secretary of State with sufficient information for the Secretary of State to ascertain the amount (if any) of relevant advances to be repaid by that institution in accordance with the Home Purchase Assistance (Commutation of Repayments) Order 1994.
.
3
In paragraph 11 for “under these directions on the date on which it falls due in accordance with paragraphs 8, 9 and 10” substitute “under the Home Purchase Assistance (Commutation of Repayments) Order 1994 on the date on which it falls due”.
4
At the end of paragraph 17 add —
d
if relevant to a commuted repayment, until two years after the repayment date.
.
5
In paragraph 38(2) —
a
after the definition of “quarter” insert —
“relevant advance” has the meaning given by the Home Purchase Assistance (Commutation of Repayments) Order 1994;
; and
b
after the definition of “relevant interest” insert —
“the repayment date” means 29th April 1994;
.
Application
4
Article 3 shall not apply in relation to an advance made under section 445(1) of the Housing Act 1985 or under section 222(1) of the Housing (Scotland) Act 1987 to which article 2 does not apply.
Signed by authority of the Secretary of State for the Environment
G. S. K.Young
Minister of State,
Department of the Environment
22nd February 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
28th February 1994
Signed by authority of the Secretary of State for Scotland
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
28th February 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Calculation of Council Tax Base) Regulations 1994 and shall come into force on 29th November 1994.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“initial year” means the financial year beginning on the reorganisation date;
“preliminary period” means the period specified in a section 17 order or, where no such period is specified, the period commencing on the preliminary date, as specified in a section 17 order, and terminating immediately prior to the reorganisation date;
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order; and
“section 17 order” in relation to an authority means an order under section 17 of the Local Government Act 1992 affecting that authority.
Billing authority and major precepting authority
3
For the purposes of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 and the Local Authorities (Calculation of Council Tax Base) (Supply of Information) Regulations 1992 —
a
references to a “billing authority” shall during the preliminary period include an authority which has functions under Chapter I of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations; and
b
references to a “major precepting authority” shall during the preliminary period include an authority which has functions under Chapter III of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations.
Lists
4
For the purposes of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 —
a
in relation to an authority described in regulation 46(1) of the principal Regulations, “the authority’s list” shall during the preliminary period mean the list provided to the authority in accordance with that regulation; and
b
in relation to an authority described in regulation 46(2) of the principal Regulations, “the authority’s list” shall during the preliminary period mean the authority’s valuation list deposited under section 22(8) of the 1992 Act read together with the notice of alterations provided to the authority in accordance with that regulation.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
5th November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Local Government Reorganisation in England) Regulations 1994 and shall come into force on 6th January 1995.
2
In these Regulations:
“the 1992 Act ” means the Local Government Act 1992 ;
“order” means an order under section 17 of the 1992 Act;
“the principal Regulations ” means the Local Government Superannuation Regulations 1986 and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations; and
“reorganisation date” in relation to an administering authority means the date on which, in pursuance of an order, any structural change or boundary change affecting that authority comes into effect.
Actuary’s certificate and employer contributions.
2
1
As soon as is reasonably practicable after their reorganisation date, an administering authority shall obtain from an actuary a certificate specifying, in respect of their fund, for each of the years, or, if appropriate, part of a year of the relevant period, the matters referred to in regulation P6(1) of the principal Regulations (common rate of employer’s contribution and individual adjustments).
2
For the purposes of regulation P7 of the principal Regulations (employer’s contributions), such certificate shall be deemed to have been obtained and shall be treated as the certificate obtained under regulation P6 of the principal Regulations for the relevant period in place of any prior certificate obtained under regulation P6 in respect of a period which includes the relevant period.
3
In this regulation, “relevant period” means the period beginning on the reorganisation date and ending on the 31st March before the next period of three years for which an administering authority is required under regulation P6 to obtain a certificate following receipt of an actuarial valuation and report under regulation P5 of the principal Regulations.
Change of local government employment and fund authority
3
For the purposes of regulation Q2(1) of the principal Regulations (change of local government employment and fund authority), where the previous fund authority has ceased to exist, the body in whom the relevant superannuation fund or part thereof is vested by an order is to be treated as the previous fund authority.
Employer’s functions and changes of fund authority
4
Where —
a
a discretionary power exercisable by an employing authority (“the former employing authority”) under the principal Regulations becomes exercisable by a different employing authority (“the successor employing authority”) in relation to a person in consequence of an order, and
b
it was the practice of the former employing authority to exercise that power in a way which was beneficial to employees,
the successor employing authority shall exercise the power in a way which is not less beneficial than the general character of that practice.
The principal Regulations
5
The principal Regulations shall be amended —
1
in regulation Q2 —
a
in paragraph (1), by deleting the words “, subject to the following provisions of these regulations,”; and
b
by deleting paragraphs (2) to (7) inclusive; and
2
by deleting Schedule 19.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) Order 1994 and shall come into force on 4th April 1994.
2
In this Order “the principal Order ” means the Town and Country Planning (Use Classes) Order 1987 .
Hostels
2
1
In article 3(6) of the principal Order (use classes), after sub–paragraph (h) insert “(i) as a hostel.”.
2
In Part C of the Schedule to the principal Order, for Class C1 (hotels and hostels) substitute —
Class C1. Hotels
Use as a hotel or as a boarding or guest house where, in each case, no significant element of care is provided.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
14th March 1994
John Redwood
Secretary of State for Wales
11th March 1994


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1994 and shall come into force on 9th August 1994.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Michael Forsyth,
Minister of State,
Department of Employment
11th July 1994


text:
Title, commencement and extent
1
These Regulations may be cited as the Countryside Access Regulations 1994, shall come into force on 29th September 1994 and shall apply to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“access area” means the area of land in relation to which the beneficiary assumes access obligations under the provisions of these Regulations;
“access obligations” means the obligations assumed by the beneficiary by virtue of the undertakings referred to in regulation 3 or 7;
“access period”, in relation to an application accepted by the Minister, means the period of 5 consecutive years commencing on 15th January of the year in which that date first occurs after the date of acceptance of that application;
“access route” shall be construed in accordance with regulation 4(a);
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“application” means an application for aid under regulation 5 and “applicant” shall be construed accordingly;
“beneficiary” means a person whose application has been accepted;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means, in relation to a tenant of any land, any person who either solely or jointly owns or has a superior tenancy of that land, and from or under whom the tenant directly derives his title;
“landscape feature” includes the sea, an area of woodland or a watercourse;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Wales, the Secretary of State;
“open field site” means any land comprising an access area other than an access route;
“quiet recreation” includes walking, viewing and picnicking;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“set-aside” means set-aside in accordance with the provisions of Council Regulation ( EEC ) No. 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops , Council Regulation (EEC) No. 1541/93 of 14 June 1993 fixing the non-rotational set-aside rate referred to in Article 7 of Regulation (EEC) No. 1765/92 , Council Regulation ( EC ) No. 231/94 of 24 January 1994 amending Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops and Article 5(1) of Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation (EEC) No. 1765/92 with regard to set-aside ;
“tenant” means a person who occupies land —
under an agreement for the letting of land for a tenancy from year to year;
under an agreement which has effect by virtue of section 2(1) or 3(1) of the Agricultural Holdings Act 1986 as an agreement for the letting of land for a tenancy from year to year; or
under an agreement for the letting of land for a tenancy for a fixed term of years of which at least 5 years remain unexpired at the commencement of the access period;
“wildlife” means —
any animal species (other than a species of bird) which is ordinarily resident in England or Wales in a wild state;
any species of bird which is ordinarily resident or is a visitor to England or Wales in a wild state; and
any species of plant which ordinarily grows in England or Wales in a wild state.
2
Any reference in these Regulations to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations.
Aid for access to land
3
Subject to the provisions of these Regulations, the Minister may make payments of aid to any person who on the date of the submission of his application occupies the land to which the application relates as owner or tenant and who undertakes for the duration of the access period —
a
to set-aside an area of land on his holding;
b
to permit members of the public to have access to that area for the purposes of quiet recreation; and
c
to manage that area and any parcel of land on his holding crossed by an access route in accordance with the requirements set out in the Schedule.
Requirements in relation to the access area
4
The access area shall be a continuous area of land consisting of —
a
a strip or strips of land 10 metres wide (“access route”);
b
a whole field or whole fields;
c
a part of a field or parts of fields; or
d
any combination of (a) to (c) above.
Applications for aid
5
An application for aid under these Regulations shall be made at such time and in such form as the Minister reasonably may require and shall include —
a
a map of the proposed access area, identifying any existing public rights of way, the extent of any permissive access over that area, any landscape feature, vantage point or site of archaeological, historical or wildlife interest in or adjacent to that area, and indicating, where appropriate, the route of any proposed circular walk; and
b
if required by the Minister, evidence showing the nature of the applicant’s estate or interest in the holding.
Restrictions on acceptance of applications
6
1
The Minister shall not accept an application in relation to any land unless he is satisfied that as respects that land at least one of the following requirements is met —
a
its proximity to a centre of population is such that members of the public will make significant use of access to it;
b
it provides access to, or to the vicinity of, a landscape feature, a vantage point or a site of archaeological, historical or wildlife interest;
c
it provides a link between two or more existing public rights of way; or
d
it provides a continuous circular walk of at least 1.5 kilometres in length.
2
Subject to paragraph (3) below, the Minister shall not accept an application in relation to any land unless he is satisfied that —
a
having regard in particular to the existence of public rights of way or permissive access over that land at the time of the making of the application, the terms of the application if accepted would provide new or significant additional access to members of the public; and
b
members of the public are readily able to reach the land on which new or significant additional access is to be provided by way of a public road, footpath or bridleway.
3
Paragraph (2)(a) above shall not apply where the land has been the subject of an agreement with the Countryside Commission under the Countryside Premium Scheme (being a scheme under which public access has been permitted to land subject to undertakings under the provisions of the Set-Aside Regulations 1988 ), and in the opinion of the Minister significant use has been made of that access by members of the public.
4
The Minister shall not accept an application in relation to any land proposed as an open field site unless in his opinion that site would provide significant possibilities for quiet recreation to members of the public additional to those which would be provided by an access route over that land.
5
The Minister shall not accept an application in relation to any land which is occupied by a tenant unless he is satisfied that the tenant has notified the landlord of that land in writing of his intention to make the application.
6
The Minister may refuse to accept an application in relation to any land where he is satisfied that —
a
access to that land by members of the public would have an adverse effect on any site of archaeological, historical or wildlife interest on or adjacent to that land;
b
access to that land by members of the public or the management of that land in accordance with the requirements of the Schedule would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or
c
the payment of aid under these Regulations in relation to that land would duplicate any assistance given or to be given out of money provided by Parliament or by the European Community.
Change of occupation
7
1
Where on the death of the beneficiary or otherwise, there is a change of occupation of the entirety or any part of that beneficiary’s land subject to access obligations —
a
the beneficiary (or, if he has died, his personal representative) shall notify the Minister in writing of the change of occupation within three months of its occurrence and shall supply to the Minister such information relating to that change of occupation in such form and within such period as the Minister reasonably may determine;
b
the new occupier of that land or part may give an undertaking to the Minister to comply with the access obligations relating to that land or part for the remainder of the access period.
2
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier occupies the land or part as an owner or tenant or as the personal representative of the original occupier.
3
A new occupier who gives an undertaking to comply with the access obligations assumed by the original occupier shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister reasonably may determine.
4
Where the Minister has accepted an undertaking from a new occupier to comply with the access obligations undertaken by the original occupier —
a
the new occupier shall be deemed to be a beneficiary and, subject to paragraph (5) below, shall be entitled to payments of aid in place of the original occupier for the remainder of the access period; and
b
his undertaking to comply with those access obligations shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.
5
Where there is a change of occupation of part of the land subject to access obligations and the Minister has accepted an undertaking given under paragraph (1)(b) above by the new occupier of that part, the new occupier shall be entitled to payments of aid in the same proportion as the part occupied by him bears to the whole of the land subject to access obligations occupied by the original occupier prior to the change of occupation.
6
Where within three months from the date of change of occupation a new occupier has not given an undertaking to comply with the access obligations assumed by the original occupier, the Minister may —
a
withhold the whole or any part of any payments due to the original occupier;
b
recover from that original occupier or his personal representative the whole or any part of any payments of aid already made to him; and
c
treat as terminated the undertakings given by the original occupier under these Regulations.
7
Paragraph (6)(a) and (b) above shall not apply where the change of occupation of the entirety or any part of a beneficiary’s land which is subject to access obligations is the result of —
a
the compulsory purchase of that land or part;
b
the death of the original occupier, if
i
that original occupier occupied that land or part as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that land or part was terminated by the landlord; or
c
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.
Amounts and payment of aid
8
1
Subject to the provisions of these Regulations, payments of aid shall be by way of five payments made annually in arrears at a rate of —
a
£90 per hectare in relation to any part of the access area which consists of an access route;
b
£45 per hectare in relation to any part of the access area which consists of an open field site.
2
The Minister shall not make payments of aid in relation to more than 15 hectares of land in any holding except where —
a
the land subject to access obligations has been the subject of an agreement with the Countryside Commission under the Countryside Premium Scheme and, in a case where on the date of the submission of the application that agreement has been terminated or has expired, public access has continued to be permitted as if the agreement were still in force; or
b
the total area of land subject to access obligations in that holding exceeds 15 hectares as a consequence of the acceptance by the Minister of an undertaking by a new occupier under regulation 7(1)(b) to comply with access obligations in relation to land which was formerly comprised in another holding.
Claims for aid
9
Any claim for the payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the Minister reasonably may require.
Obligation to permit entry and inspection
10
1
A beneficiary shall permit any officer duly authorised by the Minister, accompanied by such persons acting under his instructions as appear to the officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that beneficiary’s holding in order to inspect any land, document or record with a view to verifying —
a
the accuracy of any particulars given in any application or claim under regulation 9 or in any undertaking given by a new occupier pursuant to regulation 7(1)(b); and
b
compliance with the access obligations.
2
A beneficiary shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in paragraph (1) above, and in particular shall —
a
produce any document or record which is required by that officer for inspection; and
b
at the request of that officer, accompany him in making the inspection of any land and shall identify any area of land which is concerned in any application or claim or in any undertaking given by a new occupier to comply with the access obligations undertaken by the original occupier.
Withholding and recovery of aid and termination
11
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the access obligations;
b
fails without reasonable excuse to permit entry and inspection by an authorised officer or to render all reasonable assistance to such authorised officer as required by regulation 10; or
c
fails without reasonable excuse to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him.
3
Where the Minister withholds or recovers aid under paragraph (1) or (2) above, he may treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Where there is a change of occupation of part of the land subject to access obligations, and the Minister, in accordance with paragraph (3) above or regulation 7(6)(c), subsequently treats as terminated the undertakings given by a beneficiary in relation to any part of that land, and he is satisfied that as a consequence the requirements of regulation 6(1) or (2)(b) are no longer met as respects any other part of that land subject to access obligations which is occupied by any other beneficiary, he may —
a
withhold the whole or part of any aid payable to that other beneficiary;
b
recover the whole or part of any aid already paid to him; and
c
treat as terminated the undertakings given by that other beneficiary under these Regulations.
5
The powers in paragraph (4)(a) to (c) above shall not be exercised against a beneficiary unless the Minister has notified him in writing at the time his application was accepted, or his undertaking under regulation 7(1)(b) was given, as the case may be, with specific reference to the land in relation to which he assumes access obligations, of the circumstances in which those powers could be exercised against him.
6
Before withholding or recovering any aid under paragraph (2)(a) or (4) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery;
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
False statements
12
If any person, for the purposes of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
5th September 1994.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 31st March 1994.
2
In this Order: —
“the Authority” means the North Bedfordshire Health Authority;
“the Trust” means the Bedfordshire and Hertfordshire Ambulance and Paramedic Service 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 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
8th March 1994


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1994 and shall come into force on 21st June 1994.
2
These Regulations apply in relation to schools in England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1988 Act ” means the Education Reform Act 1988;
“assessment” in relation to a maintained school means assessment pursuant to orders made under section 4 of the 1988 Act and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State under section 105 of the 1988 Act;
“assessment term” means the term in which assessment is completed;
“attainment targets” has the meaning given by section 2 of the 1988 Act;
“authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained or grant-maintained special school, a non-maintained special school or an independent school, means the authority in whose area the school is situated;
“CTC” means city technology college and city college for the technology of the arts;
“ GCE `A' level examinations” and “ GCE `AS' examinations” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“lesson time” means time during which pupils are normally required to attend lessons or engage in private study supervised by a teacher during school hours;
“maintained school” means —
any county or voluntary school;
any special school maintained by an authority which is not established in a hospital;
any grant-maintained school or grant-maintained special school which is not established in a hospital
but excludes any nursery school;
“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 ;
“non-maintained special school” means a special school which is not maintained by an authority nor a grant-maintained special school;
“public examination” means a public examination which is for the time being prescribed by regulations made under section 106 of the 1988 Act ;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him;
“special class” means a class so designated by the authority (in the case of a school maintained by the authority), governing body (in the case of a grant-maintained or grant-maintained special school) or proprietor (in the case of a non-maintained special school or an independent school), in which all or the majority of pupils have special educational needs;
“special school” has the meaning assigned to it by section 182(1) of the Education Act 1993 ;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Pupils' Registration Regulations 1956 and “authorised absence” shall be construed accordingly; and
“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act;
c
references to key stages are references to the periods set out in section 3(3) of the 1988 Act; and
d
references to a school maintained by an authority do not include such a school which is established in a hospital.
3
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
4
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
5
Information relating to authorised or unauthorised absences shall not include any information relating to any date after 27th May in the reporting school year.
6
In calculating the number of `A' levels a pupil is entered for, one `AS' shall be treated as the equivalent of half an `A' level.
7
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, and any reference to a Schedule is to a Schedule to these Regulations.
Qualification of duties
3
The duties imposed on governing bodies, authorities and proprietors by virtue of these Regulations in respect of provision or publication of information apply only to the extent that that information is available to the governing body, authority or proprietor before the latest occasion on which the information is required to be provided or published, as the case may be.
Revocation
4
The Education (School Performance Information) (England) ( No. 2) Regulations 1993 are revoked.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in the Schedules, for the purpose of enabling the governing body to comply with their obligations under these Regulations.
PART II
I PROVISION OF INFORMATION TO THE SECRETARY OF STATE
Provision of assessment results to the Secretary of State
6
1
The governing body of every school maintained by an authority which, in theassessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall, by the end of that term submit to the authority the information relating to assessment referred to in Part I of Schedule 1.
2
Every authority which, pursuant to paragraph (1), receives information from schools which it maintains shall, on or before 31st July, submit to the Secretary of State that information for each such school.
3
The governing body of every grant-maintained or grant-maintained special school (other than one which is established in a hospital) which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall, on or before 15th July, submit to the Secretary of State the information relating to assessment referred to in Part I of Schedule 1.
4
The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall, by 15th September, submit to the Secretary of State the information relating to assessment referred to in Part II of Schedule 1.
Provision of results of school examinations and of courses leading towards vocational qualifcations to the Secretary of State
7
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, make available to him such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered, and such other information as are referred to —
a
in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 2;
b
in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 2.
Provision of information about authorised and unauthorised absence to the Secretary of State
8
1
Subject to paragraph (3), the governing body of a school maintained by an authority shall make available to that authority information for the reporting school year about the matters mentioned in Schedule 3, for the purpose of enabling the authority to comply with its obligations under paragraph (2).
2
Subject to paragraph (3), every authority, in respect of each school which it maintains, the governing body of every grant-maintained and grant-maintained special school and the proprietor of every independent school and non-maintained special school shall, within two weeks of receiving a written request from the Secretary of State, provide him with information for the reporting school year about the matters mentioned in Schedule 3.
3
This regulation does not apply in respect of a school providing education for boarding pupils only.
Provision of information about amount of lesson time to the Secretary of State
9
1
The governing body of every school maintained by an authority —
a
which is not a special school and has registered pupils in the fourth key stage; or
b
which is a special school and has registered pupils aged 15
shall make available to that authority the information relating to lesson time referred to in Schedule 4 for the purpose of enabling that authority to comply with its obligations under paragraph (2).
2
The relevant body shall, within two weeks of receiving a written request from the Secretary of State, provide him with information in respect of relevant pupils for the reporting school year about the matters mentioned in Schedule 4.
3
For the purposes of paragraph (2) the relevant body is —
a
in the case of a school maintained by an authority which is not a special school and has registered pupils in the fourth key stage, the authority;
b
in the case of a grant-maintained school which has registered pupils in the fourth key stage, the governing body;
c
in the case of an independent school which has registered pupils aged 15, the proprietor;
d
in the case of a special school maintained by an authority which has registered pupils aged 15, the authority;
e
in the case of a grant-maintained special school which has registered pupils aged 15, the governing body;
f
in the case of a non-maintained special school which has registered pupils aged 15, the proprietor.
4
For the purposes of paragraph (2), relevant pupils are registered pupils in the fourth key stage, or, in the case of a special school or an independent school, registered pupils aged 15.
Provision of general information to the Secretary of State
10
The governing body of every maintained secondary school, (except a middle deemed secondary school) and the proprietor of every independent and non-maintained special school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.
PART IV
PUBLICATION OF INFORMATION
Publication of local and national performance information about secondary schools by governing bodies
11
1
The governing body of every maintained secondary school (except a middle deemed secondary school) shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
That information is information for the reporting school year provided to the Secretary of State under these Regulations or (in the case of average and percentage figures) calculated by him from such information and published by him under section 16(6) of the Education (Schools) Act 1992 consisting of —
a
the results in public examinations and courses leading to vocational qualifications or units achieved by pupils at secondary schools in the area of the relevant authority;
b
the rates of authorised and unauthorised absence of pupils at secondary schools in the area of the relevant authority;
c
the amount of lesson time provided for pupils during a normal school week at secondary schools in the area of the relevant authority;
d
the information referred to in Schedule 5 relating to secondary schools in the area of the relevant authority;
e
the averages for pupils at secondary schools in the area of the relevant authority and in England of —
i
their results in public examinations and courses leading to vocational qualifications or units; and
ii
their rates of authorised and unauthorised absence; and
f
the average of the amount of lesson time provided for pupils during a normal school week in secondary schools in the area of the relevant authority and in England.
3
The information shall be provided by copies of the document in which the information was published by the Secretary of State being made available at the school for reference by parents and other persons.
4
The governing body of every maintained primary school providing education for pupils in the final year of the second key stage and every maintained middle deemed secondary school shall provide the information referred to in paragraph (2) by distributing the document without charge to parents of pupils who are in their final year at the school before transfer to a secondary school and by making copies of the document available at the school for reference by parents and other persons.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust (Establishment) Amendment Order 1994 and shall come into force on 7th October 1994.
2
In this Order “ The Order ” means the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust (Establishment) Order 1992 .
Amendment of the Order
2
At the end of article 3(2) of the Order there shall be inserted the words “and associated properties”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
27th September 1994


text:
1
These Regulations may be cited as the Sex Discrimination Act 1975 (Application to Armed Forces etc) Regulations 1994 and shall come into force on 1st February 1995.
2
In section 85 of the Sex Discrimination Act 1975 —
a
for subsection (4) there shall be substituted —
4
Nothing in this Act shall render unlawful an act done for the purpose of ensuring the combat effectiveness of the naval, military or air forces of the Crown.
; and
b
subsection (6) shall be repealed.
Malcolm Rifkind
Secretary of State for Defence
20th December 1994.


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994.
2
These Regulations shall come into force on 1st March 1994 and apply in relation to a financial year beginning on or after 1st April 1994.
3
In these Regulations–
“ the Act ” means the Education Reform Act 1988;
“ authority ” means a local education authority;
“budget statement” means the statement referred to in section 42(3) of the Act;
“factor” in relation to the allocation formula under an authority’s scheme means any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula under the authority’s scheme;
“outturn statement” means the statement referred to in section 42(6) of the Act;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula under an authority’s scheme for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“the 1993 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 ;
“school” (except in regulation 8) means a school required by section 42(3) or (6) of the Act to be covered by a budget statement or an outturn statment as the context may require;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 156 of the Education Act 1993;
“statement” in relation to a pupil with special educational needs means a statement made under section 168 of the Education Act 1993 or, before that section comes into force, section 7 of the Education Act 1981 ; and
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the authority’s scheme to be used in applying the allocation formula under the scheme for the initial determination of that school’s budget share or those schools' budget shares for the year.
4
The following table shows provisions of the Act defining or otherwise explaining expressions used in these Regulations–
aggregated budget section 33(4)(b) allocation formula section 38(2) excepted heads or items of expenditure section 33(4)(b)(i) excluded expenditure under an authority’s scheme section 33(6)(c) financial year section 235(1) general schools budget section 33(4)(a) scheme section 51(2)(a) school’s budget share section 51(2)(b).
5
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
6
The 1993 Regulations are revoked.
7
Notwithstanding paragraph (6) above and except insofar as they impose any requirements in respect of section 42(4)(f) to (i)–
a
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 continue to apply in relation to a financial year beginning on or before 1st April 1992; and
b
the 1993 Regulations continue to apply in relation to the financial year beginning on 1st April 1993.
Prescribed form of and particulars and information for budget statements
2
Where these Regulations require a budget statement to be in a prescribed form, it shall be a sufficient compliance if the statement is in a form substantially to the like effect to that prescribed with such variations as the provisions of the authority’s scheme require.
3
A budget statement shall be prepared in four parts, as follows–
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for all schools for the financial year to which the statement relates specified in section 42(4)(a) and (b) of the Act and the notes to Part 1 in Schedule 1, which particulars and information (other than those specified in section 42(4)(a) and (b)) are prescribed for the purposes of section 42(4)(c) and (j) of the Act;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for each school for the financial year to which the statement relates specified respectively in section 42(4)(e) of the Act and the notes to Part 2 in Schedule 2, which information is prescribed for the purposes of section 42(4)(j) of the Act;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the particulars of and the information with respect to the allocation formula under the authority’s scheme specified in the notes to Part 3 in Schedule 3, which particulars and information are prescribed for the purposes of section 42(4)(d) and (j) of the Act; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the statement relates specified in Schedule 4, which information is prescribed for the purposes of section 42(4)(j) of the Act.
Prescribed form of and information for outturn statements
4
An outturn statement shall be prepared in two parts, as follows–
a
Part 1 shall contain the information with respect to–
i
the planned financial provision, and
ii
expenditure actually incurred by the authority,
for the purposes of all schools in the financial year to which the statement relates prescribed in regulation 5(1); and
b
Part 2 shall contain the information with respect to–
i
the planned financial provision, and
ii
expenditure actually incurred, or treated by the authority as having been so incurred,
for the purposes of each school in the financial year to which the statement relates prescribed in regulation 5(2).
5
1
There is prescribed for the purposes of section 42(6)(aa) and (a) of the Act the amount of expenditure actually incurred by the authority in that year for the purposes of all schools expressed (as cash sums or percentages, as the case may be) by reference to categories corresponding to each of the matters required by these Regulations to be contained in Part 1 of the authority’s budget statement for that year and, adjacent to the statement of each such amount, the amount of planned financial provision specified in that budget statement for that matter.
2
There is prescribed for the purposes of section 42(6)(aa) and (b) of the Act the following information in respect of each school–
a
the amount of the school’s budget share for that year included in Part 2 of the authority’s budget statement;
b
the total amount of expenditure actually incurred in that year for the purposes of the school, net of any amount treated by the authority as income attributed to the school;
c
the amount (if any) of excluded expenditure under the authority’s scheme in respect of contingencies occurring during the year;
d
the aggregate of the amounts of expenditure on excepted heads or items of expenditure and excluded expenditure under the authority’s scheme, other than the amount referred to in sub–paragraph (c) above, being amounts which the governing body of the school were authorised in accordance with the authority’s scheme to spend;
e
the amount of any increase or decrease in the course of the financial year in the school’s budget share;
f
the amount to be carried forward to the following financial year of any surplus or deficit in the school’s budget share for that or any previous financial year; and
g
the amount brought forward from the previous financial year of any surplus or deficit in the school’s budget share in any previous financial year.
Prescribed manner and time of publication of budget and outturn statements
6
For the purposes of section 42(7) of the Act, every budget statement and every outturn statement shall be published by–
a
supplying a copy, in the case of an authority in England, to the Secretary of State for Education and, in the case of an authority in Wales, to the Secretary of State for Wales;
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at–
i
each education office of the authority, and
ii
each public library in the area of the authority.
7
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
An outturn statement shall be published before 1st November next following the end of the financial year to which the statement relates.
Furnishing of budget and outturn statements to schools
8
1
An authority shall furnish the governing body of each school required to be covered by the authority’s scheme in any financial year with a copy of–
a
in all cases, Parts 1 to 3 and Part 4, so far as it relates to the school, of the authority’s budget statement for that year and its outturn statement for that year; and
b
where the governing body request the authority to furnish them, such parts of Part 4 of the authority’s budget statement for that year as the governing body specify.
2
An authority shall furnish the governing body of each grant–maintained school conducted in the authority’s area in any financial year and the governing body of each grant–maintained special school which either is so conducted and was established under section 183 of the Education Act 1993 or is conducted in any financial year and before becoming a grant–maintained special school was a special school maintained by the authority with a copy of–
a
in all cases, Parts 1 to 3 of the authority’s budget statement for that year and its outturn statement for that year; and
b
where the governing body request the authority to furnish them, such parts of Part 4 of the authority’s budget statement for that year as the governing body specify.


text:
Citation commencement and interpretation
1
1
This Order may be cited as the Ulster Defence Regiment (Amendment) Order 1994 and shall come into force on 28th March 1994.
2
In this Order the express on “the principal Order ” means the Order by Her Majesty dated 4th January 1971.
Amendment of article 1(5) of the principal Order
2
For article 1(5) of the principal Order there shall be substituted the following article —
5
“injury” includes wound or disease but excludes any injury due to —
a
the use or effects of tobacco; or
b
the consumption of alcohol;
except that paragraph (a), in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if —
i
the degree of disablement in respect of that condition has been assessed at 50 per cent or more; and
ii
he started or continued to use tobacco or to consume or continue to consume alcohol due to that condition:
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railtrack (Marsh Lane, Leeds, Footbridge) Order 1994 and shall come into force on 22nd June 1994.
2
In this Order —
“the Company” means Railtrack PLC;
“the footbridge” means the footbridge (No.38) of the Company over the Leeds and Selby railway in the city of Leeds at the site of the former Marsh Lane goods depot and passing between Railway Street, at its junction with East Field Street, and Shannon Street, which footbridge was required to be constructed by section 5 of the North-eastern Railway Company’s (Lanchester Valley Branch) Act 1857 and authorised to be altered and extended by paragraph 12 of section 27 of the North-eastern Railway Act 1891 ; and
“the path” means the path carried by the footbridge.
Maintenance of footbridge
2
1
a
For the purpose of carrying out any maintenance of the footbridge the Company may stop up or interrupt the use of the path.
b
No stopping up or interruption under sub-paragraph (a) above shall be for any period exceeding 3 months, and except in case of emergency no such stopping up or interruption shall tae place less than 3 months after the conclusion of any previous such stopping up or interruption.
2
For the more convenient maintenance of the footbridge, in section 5 of the North-eastern Railway Company’s (Lanchester Valley Branch) Act 1857 (which prescribes, among other things, the height and width of the footbridge) the following amendments shall be made: —
a
for the words “of not less than a clear width of sixteen feet throughout” there shall be substituted the words “of such width as is required to accommodate a path not less than 1.8 metres wide”; and
b
for the words “the roadway whereof shall not exceed sixteen feet four inches in height above the present surface of the rails of the railway” there shall be substituted the words “the height whereof (measured from the upper surface of the rails of the railway to the lowest part of the underside of the bridge) shall be not less than 4.44 metres”.
Diversion of path over footbridge
3
Upon the coming into force of an order under section 119 of the Highways Act 1980 (diversion of footpaths and bridleways) or section 257 of the Town and Country Planning Act 1990 (which relates to footpaths and bridleways affected by development) for the diversion of all or part of the path, the duty of the Company under section 5 of the North-eastern Railway Company’s (Lanchester Valley Branch) Act 1857 to provide and maintain the footbridge shall cease as regards such part of the footbridge as carries the path, or the part of the path, so diverted.
Signed by authority of the Secretary of State for Transport
P. Wood
An Under Secretary,
Department of Transport
1st June 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kensington and Chelsea) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the Royal borough of Kensington and Chelsea except —
a
the roads named or described in the Schedule to this Order; and
b
so much of Kensington Gardens as lies within the Royal borough of Kensington and Chelsea,
as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the Royal borough of Kensington and Chelsea as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (Royal Borough of Kensington and Chelsea) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the Royal borough of Kensington and Chelsea as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1994 and shall come into force on 8th March 1994.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “8.01 per cent.” substitute “7.71 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1993 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
2nd February 1994
John Redwood
Secretary of State for Wales
4th February 1994