text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Finance) Regulations 1994 and shall come into force on 28th November 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
2
In Part III of these Regulations —
“abolished authority” means a local authority which is wound up and dissolved by a section 17 order;
“the 1967 Act ” means the General Rate Act 1967 ;
“the 1982 Act ” means the Local Government Finance Act 1982 ;
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“designated authority”, in relation to an abolished authority and a provision of these regulations, means —
where there is one successor authority, that authority;
where there are two or more successor authorities, the successor authority specified in a section 17 order as the designated authority in relation to that provision;
“immediately preceding year” means the financial year which immediately precedes the reorganisation date;
“initial year” means the financial year beginning on the reorganisation date;
“new authority” means a new authority established by a section 17 order as a county or district council for an area, but does not include an authority established as described in section 14(6) of the Act;
“preceding year” means any financial year ending before 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 reorganisation date” means the date (being 1st April in any year) which is specified in a section 17 order;
“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority;
“shadow authority” has the meaning given by the Local Government Changes for England Regulations 1994 ;
“successor authority”, in relation to an abolished authority, means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the abolished authority in relation to that area; and
“working day” means a day other than a Saturday, a Sunday, Christmas day, Good Friday or a day which is a bank holiday in England.
3
In Part III of these Regulations —
a
any reference to a relinquishing authority is a reference to a local authority which, by or in consequence of a section 17 order ceases to have functions in relation to a part of its area (in Part III of these Regulations and this paragraph referred to as “the transferred area”) from the reorganisation date; and
b
any reference to an acquiring authority is a reference to an authority which, by or in consequence of a section 17 order, has from the reorganisation date all the functions which prior to that date were the functions of the relinquishing authority (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to the transferred area.
4
In Part III of these Regulations any reference to a structural or boundary change shall be construed in accordance with section 14 of the Act.
PART II
MODIFICATIONS OF PRIMARY LEGISLATION
Billing authorities and major precepting authorities
3
1
References to a billing authority in any enactment shall, unless the contrary intention appears, include for any financial year an authority which is, by virtue of section 18(1) of the Act (consequences of structural changes etc. ), a billing authority for that year for the purposes of Part I of the 1992 Act.
2
References to a major precepting authority in any enactment shall, unless the contrary intention appears, not include for any financial year an authority which is, by virtue of section 18(1) of the Act, a billing authority for that year for the purposes of Part I of the 1992 Act.
Local Government Act 1972 (c. 70) Principal councils' funds and accounts
4
After subsection (5) of section 148 of the 1972 Act (principal councils' funds and accounts) there shall be added the following subsections —
5A
Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992.
5B
For any financial year for which the council for a county is, by virtue ofsection 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county.
.
Local Government Finance Act 1988 (c. 41) Levies
5
In section 74 of the 1988 Act (levies) , after subsection (2) there shall be inserted the following subsection —
2A
The reference in subsection (2) above to the council concerned includes a reference to a council to which the functions of the council concerned in relation to the whole or any part of its area have been transferred by or in consequence of an order under section 17 of the Local Government Act 1992.
.
Collection funds
6
1
In subsection (2) of section 89 of the 1988 Act (collection funds) there shall be inserted at the beginning the words “Subject to subsection (2A) below,”.
2
After subsection (2) of that section there shall be inserted the following subsections —
2A
In the case of a district council which is established for an area by an order under section 17 of the Local Government Act 1992, the collection fund must be established on the date on which by virtue of the order the structural or boundary change affecting the area comes into force.
2B
In the case of —
a
a county council which is established by such an order and to which are transferred by or in consequence of the order the functions of district councils in relation to the county council’s area, or
b
an existing county council to which are transferred by or in consequence of such an order the functions of district councils in relation to the county council’s area,
the collection fund must be established on the date on which by virtue of the order the structural change concerned comes into force.
.
3
After subsection (5) of that section there shall be inserted the followingsubsection —
6
In this section and section 91 below “structural change” and “boundary change” shall be construed in accordance with section 14 of the Local Government Act 1992.
.
General funds
7
1
In subsection (1) of section 91 of the 1988 Act (general funds), after paragraph (a) there shall be inserted the following paragraph —
aa
a county council to which have been transferred, by or in consequence of an order under section 17 of the Local Government Act 1992, the functions of district councils in relation to the county council’s area,
.
and accordingly regulation 5(7) of the Local Government Changes for England Regulations 1994 shall not apply in relation to the reference in paragraph a of that subsection to a district council .
2
In subsection (3) of that section there shall be inserted at the beginning the words “Subject to subsection (3A) below,”.
3
After subsection (3) of that section there shall be inserted the followingsubsections —
3A
In the case of a district council which is established for an area by an order under section 17 of the Local Government Act 1992, the general fund must be established on the date on which by virtue of the order the structural or boundary change affecting the area comes into force.
3B
In the case of —
a
a county council which is established by such an order and to which are transferred by or in consequence of the order the functions of district councils in relation to the county council’s area, or
b
an existing county council to which are transferred by or in consequence of such an order the functions of district councils in relation to the county council’s area,
the general fund must be established on the date on which by virtue of the order the structural change comes into force (in this section referred to as “the reorganisation date”).
.
4
In subsection (4) of that section for the words “after 31 March 1990 shall be paid into its general fund” there shall be substituted the words “on or after the date on which it is required by this section to establish its general fund shall be paid into that fund”.
5
In subsection (5) of that section for the words “after 31 March 1990 shall be met from its general fund” there shall be substituted the words “on or after the date on which it is required by this section to establish its general fund shall be met from that fund”.
6
At the end of that section there shall be added the following subsection —
8
The assets held in the county fund of a county council such as is referred to in subsection (3B)(b) above immediately before the reorganisation date (other than assets forming part of a trust fund) shall be transferred on that date to its general fund established under this section.
.
General funds: supplementary
8
In subsection (4) of section 92 of the 1988 Act (general funds: supplementary), for the words “section 91(6) or (7)” there shall be substituted the words “section 91(6), (7) or (8)”.
Local Government and Housing Act 1989 (c. 42) Fire authorities
9
In section 39(1) of the 1989 Act (authorities to which Part IV of that Act applies) after paragraph (i) there shall be inserted —
ia
a fire authority constituted by a combination scheme made under section 6 of the Fire Services Act 1947 in consequence of an order made under Part II of the Local Government Act 1992.
.
Recoupment of subsidy in certain cases
10
In subsection (1) of section 86 of the 1989 Act (recoupment of subsidy in certain cases), after the words “the authority” there shall be inserted the words “any or, in the case of a local housing authority in England, other authority which subsequently exercises the functions of a local housing authority for any part of the same area”.
Local Government Finance Act 1992 (c. 14) Power to designate authorities
11
In subsection (3) of section 54 of the 1992 Act (power to designate authorities) —
a
for paragraph (b) there shall be substituted the following paragraph —
b
councils of non-metropolitan districts which do not have the functions of county councils;
;
b
for paragraph (e) there shall be substituted the following paragraphs —
e
county councils which do not have the functions of district councils;
ea
councils of non-metropolitan districts which have the functions of county councils, and county councils which have the functions of district councils;
.
Special transitional provisions
12
In subsection (1) of section 55 of the 1992 Act (special transitional provisions), at the end of paragraph (b) there shall be inserted the words —
or
c
as regards any financial year and any new authority established by an order under section 17 of the Local Government Act 1992 as a county or district council for an area at any time during the period consisting of that year and the preceding financial year,
.
PART III
TRANSITIONAL PROVISIONS
General Rate Act 1967 Rates: functions of authorities
13
1
In respect of the continued operation of the 1967 Act by virtue of the General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990 (referred to in this regulation as “the 1990 Regulations”), any functions under the 1967 Act —
a
of an abolished authority in respect of hereditaments situated in part of its area for the purposes of, or for purposes connected with, the matters referred to in regulation 3(1)(b) and (c) of the 1990 Regulations shall, from the reorganisation date, be the functions of the successor authority for that part of its area in which the hereditaments are situated;
b
of an abolished authority for the purposes of, or for purposes connected with, the matters referred to in regulation 3(1)(a) and (d) of the 1990 Regulations shall, from the reorganisation date, be the functions of the designated authority and any adjustment to any payment referred to in regulation 3(1)(d) of those Regulations which would fall to be made in respect of an abolished authority shall be made in respect of the designated authority; and
c
of a relinquishing authority for the purposes of, or for purposes connected with, the matters referred to in regulation 3(1)(a) to (d) of the 1990 Regulations shall, in respect of hereditaments situated in the transferred area, from the reorganisation date continue to be functions of the relinquishing authority in respect of those hereditaments and shall not be functions of the acquiring authority.
2
For the purposes of paragraph (1)(a), anything done by or in relation to an abolished authority in the exercise of its functions pursuant to regulation 3(1)(b) and (c) of the 1990 Regulations in respect of hereditaments situated in part of its area shall be treated as if it had been done by or in relation to the successor authority in relation to the part of its area in which the hereditaments are situated.
3
For the purposes of paragraph (1)(b), anything done by or in relation to an abolished authority in the exercise of its functions pursuant to regulation 3(1)(a) and (d) of the 1990 Regulations shall be treated as if it had been done by or in relation to the designated authority.
4
The valuation list for the rating area of an abolished authority shall, on the last working day before the reorganisation date, be deposited by that authority at the offices of the designated authority.
5
A designated authority shall on or after the reorganisation date provide such assistance as any other successor authority may reasonably require to enable the other successor authority to discharge its functions under the 1967 Act, including providing information about the valuation list, giving access to it and giving effect to any directions which may be given by a valuation officer to cause or direct alterations to be made in that list.
Local Government Act 1972 Power to incur expenditure for purposes not otherwise authorised
14
1
In relation to expenditure incurred under section 137 of the 1972 Act (power of local authorities to incur expenditure for certain purposes not otherwise authorised) by an abolished authority, the reference in —
a
paragraph (d) of subsection (4B) of that section to any grant received by the authority, and
b
paragraph (f)(iii) of that subsection to any grant or other payment to the authority,
shall on or after the reorganisation date be construed as including, respectively, any grant received by, or any grant or other payment to, a successor authority in respect of the abolished authority.
2
The reference in section 137(7) of the 1972 Act to any statement of accounts prepared by a local authority pursuant to regulations under section 23 of the 1982 Act shall on or after the reorganisation date be construed, in relation to the accounts of an abolished authority, as including any statement of accounts prepared by the designated authority.
Financial assistance conditional on provision of information
15
For the purposes of section 137A of the 1972 Act (financial assistance to be conditional on provision of information) , anything done by or to an abolished authority at any time shall on or after the reorganisation date be treated as having been done by or to the designated authority at that time.
Funds of shadow authorities
16
1
Subject to paragraph (2), any sums received and payments made by a shadow authority during the preliminary period shall —
a
where such an authority is to have the functions of a district council, be paid into and met from a fund to which the provisions of sections 91 and 92 (general funds) of the 1988 Act shall apply as if the authority were a relevant authority and as if in section 91(3) for “1 April 1990” there were substituted a reference to the beginning of the preliminary period and as if in section 91(4) and (5) for “31 March 1990” there were substituted a reference to the beginning of the preliminary period;
b
where such an authority is to have the functions of a county council but not those of a district council, be paid into and met from a fund to which the provisions of section 148(4) of the 1972 Act (principal councils' funds and accounts) shall apply as if the authority were a council for a county.
2
Any sums received and payments made during the preliminary period by a shadow authority as described in paragraph (1)(a) in respect of matters referred to in section 90 (payments to and from collection funds) of the 1988 Act shall be paid into and met from a fund to which the provisions of section 89 of the 1988 Act (collection funds) shall apply as if the authority were a billing authority and as if in section 89(2) for “April 1, 1990” there were substituted a reference to the beginning of the preliminary period.
3
Section 148(5) of the 1972 Act shall apply to the funds described in paragraphs (1) and (2).
4
On the reorganisation date assets held in the funds described in paragraphs (1)(a), (1)(b) and (2) shall be transferred respectively to the general fund of the authority, the county fund of the authority and the collection fund of the authority.
Local financial returns
17
1
Where an abolished authority has not made a return as required undersection 168 of the 1972 Act (local financial returns) for any year, the designated authority shall as soon as is reasonably practicable after the reorganisation date make such a return.
2
Any return made pursuant to paragraph (1) shall be made separately from any other return made by the designated authority under section 168 of the 1972 Act.
Reports and returns
18
For the purposes of section 230 of the 1972 Act (reports and returns), a designated authority shall on or after the reorganisation date send the Secretary of State such reports and returns in relation to the abolished authority and give him such information with respect to the functions of the abolished authority, as have been required but not supplied before the reorganisation date or as the Secretary of State may require or as may be required by either House of Parliament subsequently.
Local Government Finance Act 1982 Functions of designated authorities for preceding years
19
1
Any functions under Part III of the 1982 Act (accounts and audit) exercisable by or in relation to an abolished authority shall be exercisable as regards a preceding year on or after the reorganisation date by or in relation to the designated authority, and, in particular, —
a
the designated authority shall ensure that the accounts of the abolished authority are made up and balanced;
b
the designated authority may recover any sum or amount which would have been recoverable for the benefit of the abolished authority in accordance with section 20(1) of the 1982 Act (recovery not accounted for etc.) .
2
For the purposes of paragraph (1), anything done by or in relation to an abolished authority in the exercise of its functions under Part III of the 1982 Act shall be treated as if it had been done by or in relation to the designated authority.
3
A successor authority which is not a designated authority shall on or after the reorganisation date provide any information which the designated authority reasonably requires to enable the designated authority to discharge its functions under Part III of the 1982 Act by virtue of paragraph (1), and in particular —
a
the designated authority shall have a right of access at all reasonable times to any documents in the possession of any other successor authority which relate to the abolished authority; and
b
the designated authority may require any officer or member of any other successor authority, who was an officer or member of the abolished authority at any time, to provide such information or explanation as appears to the designated authority necessary.
Accounts subject to audit
20
1
Any accounts of an abolished authority which have not been audited in accordance with Part III of the 1982 Act before the reorganisation date shall be required to be so audited on or after that date.
2
Section 16(2) of the 1982 Act shall have effect on or after the reorganisation date in relation to the accounts of the abolished authority as if the reference to any officer or member of a body whose accounts are required to be audited and who may be required by the auditor to give information or explanation included any officer or member of a successor authority or a residuary body established by order under section 22 of the Act (residuary bodies).
Audit Commission’s right to information
21
Section 28(1) of the 1982 Act shall have effect on or after the reorganisation date in relation to the accounts of an abolished authority as if the reference to any officer or member of a body whose accounts are required to be audited and who may be required by the Commission to furnish information included any officer or member of a successor authority or a residuary body established by order under section 22 of the Act (residuary bodies).
Prohibition orders
22
1
Where, on the last working day before the reorganisation date, a prohibition order under section 25A of the 1982 Act (power of auditor to issue prohibition order) has effect in relation to the accounts of an abolished authority —
a
the auditor in relation to the accounts of that authority shall, on that date, serve a copy of the order on any successor authority; and
b
the prohibition order shall have effect on or after the reorganisation date for the purposes of Part III of the 1982 Act as if it had been issued in relation to the accounts of any such authority.
2
An auditor in relation to the accounts of a successor authority may on or after the reorganisation date issue a prohibition order under that section if he has reason to believe that, before the reorganisation date, the abolished authority or any officer of the abolished authority has made a decision which involves or would involve the successor authority incurring expenditure which is unlawful or was about to take or has taken a course of action which, if pursued by the successor authority to its conclusion, would be unlawful and likely to cause a loss or deficiency.
Local government electors
23
Any reference in Part III of the 1982 Act to a local government elector shall, on or after the reorganisation date, in relation to the accounts of an abolished authority or a relinquishing authority for a preceding year, be treated as a reference to a local government elector for, respectively, the area of any successor authority or the area of the relinquishing authority and any acquiring authority.
Local Government Finance Act 1988 Community charges: rights and duties of successor and relinquishing authorities
24
1
Any rights and duties under Part I of the 1988 Act (community charges) exercisable by or in relation to an abolished authority in connection with a community charge payable to it by virtue of a residence, property or dwelling situated in any part of its area shall be exercisable on or after the reorganisation date by or in relation to the successor authority for that part of the abolished authority’s area (referred to in paragraph (3) and regulation 26 as the relevant successor authority).
2
Any rights and duties under Part I of the 1988 Act exercisable by or in relation to a relinquishing authority in connection with a community charge payable to it by virtue of a residence, property or dwelling situated in the transferred area shall continue to be exercisable on or after that date by the relinquishing authority in relation to those residences, properties or dwellings and shall not be exercisable by the acquiring authority in relation to such residences, properties or dwellings.
3
For the purposes of paragraph (1), anything done by or in relation to an abolished authority in the exercise of its functions under Part I of the 1988 Act shall be treated as if it had been done by or in relation to the relevant successor authority.
Community charges register
25
1
The community charges register or the relevant part of such a register, compiled and maintained in accordance with Part I of the 1988 Act for an abolished authority shall on or after the reorganisation date be the community charges register or part of the register of the successor authority.
2
For the purposes of paragraph (1), the relevant part of a register compiled for an abolished authority is that part which contains items in respect of residences, properties and dwellings situated in the area of the successor authority.
Community charges registration officer
26
1
For the purposes of section 26 of the 1988 Act (community charges registration officer), the community charges registration officer for any county council which has the rights and duties of a charging authority by virtue of regulation 24 shall on or after the reorganisation date be the officer having responsibility for the administration of the county council’s financial affairs under section 151 of the 1972 Act (financial administration).
2
Any action or proceeding pending or existing immediately before the reorganisation date by, or against, the community charges registration officer of an abolished authority may be continued, prosecuted and enforced by, or against, the community charges registration officer of the relevant successor authority.
Non-domestic rating: functions of successor and relinquishing authorities for preceding years
27
1
Subject to regulation 33, any rights and duties under Part III of the 1988 Act (non-domestic rating) exercisable as regards a preceding year by or in relation to an abolished authority in respect of hereditaments situated in any part of its area shall be exercisable on or after the reorganisation date by or in relation to the successor authority for that part of the abolished authority’s area (referred to in paragraph (3) as the relevant successor authority).
2
Any rights and duties under Part III of the 1988 Act exercisable by or in relation to a relinquishing authority in respect of hereditaments situated in the transferred area shall as regards any preceding year continue to be exercisable on or after that date by the relinquishing authority in relation to those hereditaments and shall not be exercisable by the acquiring authority in relation to those hereditaments as regards any preceding year.
3
For the purposes of paragraph (1), anything done by or in relation to an abolished authority in the exercise of its functions under Part III of the 1988 Act shall be treated as if it had been done by or in relation to the relevant successor authority.
Non-domestic rating: billing authority functions and contribution during the preliminary period
28
1
Part III of, and Part II of Schedule 8 to, the 1988 Act (non-domestic rating and contribution) shall have effect during the preliminary period for the purposes of the exercise of any functions under those Parts as regards the initial year by an authority which is the subject of a section 17 order and is on or after the reorganisation date to have the functions of a district council as if the relevant structural or boundary change had come into effect in relation to that authority from the beginning of the preliminary period.
2
An abolished authority shall not exercise any of the functions of a billing authority under Part III of, and Part II of Schedule 8 to, the 1988 Act as regards the initial year.
Non-domestic rating: rights and duties of acquiring authorities
29
Section 47 of the 1988 Act shall have effect on or after the reorganisation date as regards the initial and any subsequent year as if any decision made or revoked or any determination made or varied by a relinquishing authority in connection with non-domestic rates payable to it in respect of a hereditament situated in the transferred area had been made, revoked or varied by the acquiring authority.
Non-domestic rating: valuation officers
30
Section 61 of the 1988 Act (valuation officers) shall have effect during the preliminary period for the purposes of the appointment of a valuation officer for any authority referred to in section 89(2A) or (2B) of the 1988 Act as if the relevant structural or boundary change had come into effect in relation to that authority from the beginning of the preliminary period.
Non-domestic rating: local rating lists and alteration of lists
31
1
Subject to paragraph (3), not later than 29th November in the immediately preceding year the valuation officer for any authority referred to in section 89(2A) or (2B) of the 1988 Act shall send to the authority a list of the hereditaments and details in relation to those hereditaments which (on the basis of the information before him) he believes will be the hereditaments and details prescribed or referred to in section 42 of the 1988 Act for the authority on the reorganisation date, and as soon as is practicable after receipt the authority shall deposit the list at its principal office.
2
Not later than 29th November in the immediately preceding year the valuation officer shall serve a notice on the following authorities of the effect of the alterations which (on the basis of the information then before him) he believes will be the alterations to the authority’s local non-domestic rating list for the purposes of Part III of the 1988 Act which are to take effect on the reorganisation date —
a
a successor or acquiring authority other than an authority as described in paragraphs (1) or (3); and
b
a relinquishing authority,
and as soon as is practicable after receipt the authority shall deposit a copy of the notice at its principal office.
3
In respect of a successor or acquiring authority which is a district council, or a county council to which are transferred by or in consequence of a section 17 order the functions of district councils in relation to the county council’s area, where the reorganisation date is the same as that on which a list is required to be compiled under section 41 of the 1988 Act, the local non-domestic rating list for the authority shall be compiled in accordance with that section.
4
As soon as is reasonably practicable after the reorganisation date the valuation officer for any relinquishing, successor or acquiring authority shall send to his authority a copy of its list, or notice of the effect of alterations to its list, as the case may be, to take effect on the reorganisation date but otherwise prepared as described in paragraphs (1) or (2) and as soon as is reasonably practicable after receipt of such a list or such notice of alterations to a list the authority shall deposit the list at its principal office or alter the copy of the non-domestic rating list deposited at its principal office as the case may be.
5
A list sent in accordance with paragraph (4) shall constitute the local non-domestic rating list of the authority as if the list had been compiled in accordance with section 41 of the 1988 Act and for the purposes of the operation of section 41(2) of that Act the list shall be treated as if it had been compiled on the last 1st April preceding the reorganisation date on which a list falls to be compiled under that section.
Non-domestic rating: local rating list of an abolished authority
32
1
The local non-domestic rating list, or the relevant part of such a list, compiled and maintained in accordance with Part III of the 1988 Act for an abolished authority shall on or after the reorganisation date be a local non-domestic rating list, or part of such a list, of the successor authority as if it had been compiled and maintained for that authority.
2
For the purposes of paragraph (1), the relevant part of a list compiled for an abolished authority is that part which shows hereditaments situated in the area of the successor authority.
Non-domestic rating: contribution and distribution
33
1
Any functions under Parts II and III of Schedule 8 to the 1988 Act (contribution and distribution) exercisable by or in relation to an abolished authority shall be exercisable as regards a preceding year on or after the reorganisation date by or in relation to the designated authority.
2
For the purposes of paragraph (1), anything done by or in relation to an abolished authority before the reorganisation date in the exercise of any function under Parts IIand III of Schedule 8 to the 1988 Act shall be treated as if it had been done by or in relation to the designated authority.
3
Paragraph 6(2) of Part II of Schedule 8 to the 1988 Act shall have effect on or after the reorganisation date as if any calculation made under paragraph 5 of that Part of that Schedule by a designated authority of the amount of the abolished authority’s non-domestic rating contribution for an immediately preceding year were required to be made on the basis of the information before the abolished authority immediately before the reorganisation date.
4
A new authority shall, from the beginning of the preliminary period, be treated as a receiving authority for the purposes of Part III of Schedule 8 to the 1988 Act in relation to the initial year.
5
An abolished authority shall not be treated as a receiving authority for the purposes of Part III of Schedule 8 to the 1988 Act in relation to the initial year.
Grants
34
1
Any functions of the Secretary of State or a local authority exercisable under Part V of the 1988 Act (grants) by or in relation to an abolished authority in respect of a preceding year shall on or after the reorganisation date be exercisable by or in relation to the designated authority.
2
For the purposes of paragraph (1), anything done by or in relation to an abolished authority in the exercise of any function under Part V of the 1988 Act shall be treated as if it had been done by or in relation to the designated authority.
3
A new authority shall, from the beginning of the preliminary period, be treated as a receiving authority for the purposes of Part V of the 1988 Act in relation to the initial year.
4
An abolished authority shall not be treated as a receiving authority for the purposes of Part V of the 1988 Act in relation to the initial year.
Transport grants
35
For the purposes of section 87(5)(a) of the 1988 Act any relevant transport expenditure of an abolished authority or of a relinquishing authority in relation to an area shall on or after the reorganisation date be treated as if it had been the expenditure of respectively the successor authority or the acquiring authority in relation to that area.
Financial administration: reports of the chief finance officer of an abolished authority
36
1
Where prior to the reorganisation date —
a
the chief finance officer of an abolished authority has made a report under section 114 of the 1988 Act (functions of responsible officer as regards reports) , and
b
a meeting in respect of that report has not been held under section 115 of that Act (authority’s duties as regards reports) by a date which is 21 days before the reorganisation date,
the chief finance officer of the abolished authority shall on the date which is 21 days before the reorganisation date or, if that is not a working day, on the next working day following that date, send a copy of the report to the chief finance officer of each successor authority.
2
Where the chief finance officer of the abolished authority makes a report under section 114 of the 1988 Act during the period of 21 days before the reorganisation date he shall send a copy of the report to the chief finance officer of each successor authority.
3
The chief finance officer of a successor authority shall, as soon as is reasonably practicable after receiving a copy of a report under paragraph (1) or (2), send a copy of it to the person who has the duty to audit the successor authority’s accounts and each person who is a member of the successor authority.
4
The copy of the report sent under paragraph (3) shall be accompanied by a notice stating that if the abolished authority has not held a meeting in respect of the report under section 115 of the 1988 Act before the reorganisation date the successor authority shall hold such a meeting not later than the end of the period of 21 days beginning with that date.
5
If a meeting in respect of a report such as is mentioned in paragraph (1) or (2) is held by the abolished authority before the reorganisation date its chief finance officer shall, as soon as is reasonably practicable after the meeting, notify the chief finance officer of each successor authority of any decision made at the meeting.
6
If the abolished authority has not held a meeting in respect of a report such as is mentioned in paragraph (1) or (2) before the reorganisation date, each successor authority shall hold such a meeting not later than the end of the period of 21 days beginning with that date, and, subject to paragraph (7), sections 115 and 116 of that Act (information about meetings) shall apply accordingly.
7
The prohibition period referred to in section 115 of that Act shall mean the period —
a
beginning with the day on which copies of the report are sent under paragraph (3), and
b
ending with the first working day to fall after the day (if any) on which the successor authority’s consideration of the report under section 115(2) is concluded.
Financial administration: reports of the chief finance officer of a designated authority
37
1
The duties under section 114 of the 1988 Act of the chief finance officer of a designated authority shall apply to him on or after the reorganisation date, as regards any preceding year, as if references in subsection (3) of that section to expenditure incurred and resources available to an authority included references to expenditure incurred and resources available to the abolished authority, and, subject to paragraphs (2) and (3), sections 114 to 116 of that Act shall apply accordingly.
2
Where the chief finance officer of the designated authority has made a report under section 114 of that Act concerning the abolished authority he shall send a copy of it to —
a
the person who at the time the report is made has the duty to audit the accounts of the abolished authority, and
b
each person who at that time is a member of the designated authority.
3
Where the designated authority proposes to hold a meeting under section 115 ofthe 1988 Act in respect of a report concerning the abolished authority the chief finance officer of the designated authority shall —
a
as soon as is reasonably practicable, notify the person referred to in paragraph (2)(a) of the date, time and place of the proposed meeting; and
b
as soon as is reasonably practicable after the meeting is held, notify that person of any decision made at the meeting.
Financial administration: reports of the chief finance officer of a successor or acquiring authority
38
1
Subject to paragraph (2), the duties under section 114 of the 1988 Act of the chief finance officer of a successor or acquiring authority shall apply to him on or after the reorganisation date as if references in subsection (2) of that section to decisions made or courses of action taken by an authority included references to decisions made or courses of action taken respectively by the abolished or relinquishing authority and sections 114 to 116 of that Act shall apply accordingly.
2
Paragraph (1) shall only apply where the chief finance officer of the successor or acquiring authority considers that a decision made or course of action taken respectively by the abolished or relinquishing authority affects the successor or acquiring authority.
Local Government and Housing Act 1989 Duty to prevent debit balance on Housing Revenue Account
39
The duties of an abolished or relinquishing authority under section 76 of the 1989 Act (duty to prevent debit balance on Housing Revenue Account) as regards an initial year shall, in relation to houses and other property which will from the reorganisation date be within the Housing Revenue Account of a successor or acquiring authority, be discharged by the successor or acquiring authority, as the case may be, during the preliminary period.
Special grants
40
1
Any functions of the Secretary of State or a local authority exercisable under section 146 of the 1989 Act (special grants) by or in relation to an abolished authority shall on or after the reorganisation date be exercisable by or in relation to the designated authority.
2
For the purposes of paragraph (1), anything done by or in relation to an abolished authority before the reorganisation date in the exercise of any function under section 146 of the 1989 Act shall be treated as if it had been done by or in relation to the designated authority.
Emergency financial assistance to local authorities
41
1
Where, before the reorganisation date, the Secretary of State has established a scheme under section 155 of the 1989 Act (emergency financial assistance to local authorities) for the giving of financial assistance to an abolished authority, any rights and duties of the authority in relation to the scheme shall on or after the reorganisation date be treated as the rights and duties of the designated authority.
2
For the purposes of any scheme under section 155 of the 1989 Act which may be established on or after the reorganisation date, any expenditure incurred by the abolished authority before that date shall be treated as having been incurred by the designated authority.
Commutation of, and interest on, periodic payments of grants etc.
42
1
Where in relation to an abolished authority —
a
before the reorganisation date, the Secretary of State has determined to commute any annual or other periodic payment under section 157 of the 1989 Act (commutation of, and interest on, periodic payments of grants etc.); and
b
on that date, the whole or any part of the commuted payment has not been paid,
the payment made by the Secretary of State on or after the reorganisation date shall be made to the designated authority or, if he thinks it appropriate, to the Public Works Loans Commissioners.
2
Where, after the reorganisation date, it appears to the Secretary of State that a commuted payment made to an abolished authority or, by reference to that authority, to the Public Works Loans Commissioners on or before that date was smaller or greater than it should have been he may on or after the reorganisation date, as the case may require —
a
make a payment to the designated authority or to those Commissioners; or
b
require a payment to him by the designated authority of such sum as he may direct.
3
For the purposes of any determination under section 157 of the 1989 Act which may be made on or after the reorganisation date —
a
the reference in subsection (1) of that section to expenditure incurred by the local authority shall, in the case of a designated authority, include expenditure incurred by the abolished authority; and
b
the reference in subsection (1)(b) of that section to debt of the authority shall, in the case of a designated authority, include debt of the abolished authority.
Community Charges (General Reduction) Act 1991 Compensatory grants
43
1
Any rights and duties under section 4 of the Community Charges (General Reduction) Act 1991 (compensatory grants) exercisable by or in relation to an abolished authority shall be exercisable on or after the reorganisation date by or in relation to the designated authority.
2
For the purposes of paragraph (1), anything done by or in relation to an abolished authority shall be treated as having been done by or in relation to the designated authority.
Local Government Finance Act 1992 Council tax: functions of successor and relinquishing authorities for preceding years
44
1
Any rights and duties under Chapter I of Part I of the 1992 Act (counciltax: main provisions) exercisable as regards a preceding year by or in relation to an abolished authority in respect of dwellings situated in any part of its area shall be exercisable on or after the reorganisation date by or in relation to the successor authority for that part of the abolished authority’s area (referred to in paragraph (3) as the relevant successor authority).
2
Any rights and duties under Chapter I of Part I of the 1992 Act exercisable by orin relation to a relinquishing authority in respect of dwellings situated in the transferred area shall as regards any preceding year continue to be exercisable on or after that date by the relinquishing authority in relation to those dwellings and shall not be exercisable by the acquiring authority in relation to those dwellings as regards any preceding year.
3
For the purposes of paragraph (1), anything done by or in relation to an abolished authority in the exercise of its functions under Chapter I of Part I of the 1992 Act shall be treated as if it had been done by or in relation to the relevant successor authority.
Council tax: listing officers
45
Section 20 of the 1992 Act (listing officers) shall have effect during the preliminaryperiod for the purposes of the appointment of a listing officer for any authority referred to in section 89(2A) or (2B) of the 1988 Act as if the relevant structural or boundary change had come into effect in relation to that authority from the beginning of the preliminary period.
Council tax: valuation lists and alteration of lists
46
1
Subject to paragraph (3), not later than 29th November in the immediately preceding year the listing officer for any authority referred to in section 89(2A) or (2B) of the 1988 Act shall send to the authority a list of the dwellings and details in relation to those dwellings which (on the basis of the information before him) he believes will be the dwellings and details prescribed or referred to in section 23 of the 1992 Act for the authority on the reorganisation date and such a list shall constitute the valuation list of that authority for the purposes of Chapter II of Part I of that Act, and as soon as is reasonably practicable after receipt the authority shall deposit the list at its principal office.
2
Not later than 29th November in the immediately preceding year the listing officer shall serve a notice on the following authorities of the effect of the alterations which (on the basis of the information then before him) he believes will be the alterations to the authority’s valuation list for the purposes of Chapter II of Part I of the 1992 Act which are to take effect on the reorganisation date —
a
a successor or acquiring authority other than an authority as described in paragraphs (1) or (3); and
b
a relinquishing authority,
and as soon as is reasonably practicable after receipt the authority shall deposit the notice at its principal office.
3
In respect of a successor or acquiring authority which is a district council, or a county council to which are transferred by or in consequence of a section 17 order the functions of district councils in relation to the county council’s area, where the reorganisation date is the same date as the date specified in an order made under section 5(4) (b) of the 1992 Act (different amounts for dwellings in different valuation bands) the valuation list for the authority shall be compiled in accordance with that order.
4
As soon as is reasonably practicable after the reorganisation date the listing officer for any relinquishing, successor or acquiring authority shall send to his authority a copy of its valuation list, or notice of the effect of alterations to its valuation list, as the case may be, to take effect on the reorganisation date but otherwise prepared as described in paragraphs (1) or (2) and as soon as is reasonably practicable after receipt of such a list or such notice of alterations the authority shall deposit the list at its principal office or alter the copy of its valuation list deposited at its principal office as the case may be.
Council tax: valuation list of an abolished authority
47
1
The valuation list, or the relevant part of such a list, compiled and maintained in accordance with Chapter II of Part I of the 1992 Act for an abolished authority shall on or after the reorganisation date be the valuation list, or part of such a list, of the successor authority as if it had been compiled and maintained for that authority.
2
For the purposes of paragraph (1), the relevant part of a list compiled for an abolished authority is that part which shows dwellings situated in the area of the successor authority.
Council tax: information about lists
48
For the purposes of section 28(2) of the 1992 Act (information about lists) a copy of any list deposited by an authority in accordance with regulation 46(4) shall be treated as if it had been deposited by that authority under section 22(8) of that Act.
Council tax: main provisions, setting of council tax, issue of precepts
49
1
Chapters I, III and IV of Part I of the 1992 Act (main provisions, setting of council tax and precepts) shall have effect during the preliminary period for the purposes of the exercise of any functions under those Chapters as regards the initial year by or in relation to an authority which is the subject of a section 17 order as if the relevant structural or boundary change had come into effect in relation to that authority from the beginning of the preliminary period.
2
An abolished authority shall not exercise any of the functions of a billing authority or a major precepting authority under Chapters I, III or IV of Part I of the 1992 Act as regards the initial year.
Non-domestic rating: duty to consult ratepayers
50
Section 65 of the 1992 Act (duty to consult ratepayers) shall have effect during the preliminary period for the purposes of consultation under that section as regards the initial year by or in relation to an authority which is the subject of a section 17 order as if the relevant structural or boundary change had come into effect in relation to that authority from the beginning of the preliminary period.
Local Government Act 1992 Citizen’s charter provisions
51
1
The duties under sections 1 and 2 of the Act (publication of information as to standards of performance) of an abolished authority as regards any preceding year shall, on or after the reorganisation date, be the duties of the designated authority.
2
The designated authority shall discharge its duties pursuant to paragraph (1) separately from its other duties under those sections of that Act.
3
As regards any preceding year, the functions of the Audit Commission under sections 1, 2 and 7 of that Act (section 7: publication of information by the Audit Commission) in relation to an abolished authority shall, from the reorganisation date, be exercised as if the designated authority were the abolished authority.
Duty to consider auditor’s report or recommendation
52
1
This regulation applies where before the reorganisation date an auditor’s report or a written recommendation by an auditor as described in section 5 (1) (a) or (b) of the Act has been sent to an abolished authority in connection with the audit of that authority’s accounts.
2
Anything done by or in relation to an abolished authority in respect of such a report or recommendation shall be treated on or after the reorganisation date as if it had been done by or in relation to the designated authority.
3
Where the abolished authority has not before the reorganisation date considered the report or recommendation in accordance with sections 5 and 6 of the Act the abolished authority shall send the report or recommendation to the designated authority on the last working day before the reorganisation date and the designated authority shall consider the report or recommendation in accordance with sections 5 and 6 of the Act save that if any time limit for such consideration has expired prior to the reorganisation date the designated authority shall consider the report or recommendation as soon as is reasonably practicable after that date and in any event within 4 months from the reorganisation date.
Leasehold Reform, Housing and Urban Development Act 1993 Levy on disposals
53
1
Where the conditions in paragraph (3) are satisfied, an acquiring or designated authority shall be liable to pay a levy in accordance with section 136 of the 1993 Act to the Secretary of State of an amount equal to that which the relinquishing or abolished authority would have paid had it received the actual or notional capital receipt.
2
Accordingly, the provisions made by and under section 136 of the 1993 Act in relation to the administration and payment of the levy shall apply to the acquiring or designated authority as they would have applied to the relinquishing or abolished authority.
3
The conditions are —
a
a relinquishing or abolished authority makes a qualifying disposal as defined in section 136(1) of the 1993 Act; and
b
on or after the reorganisation date an acquiring or designated authority receives an actual or notional receipt which, if it had been received by the authority making the disposal, would have been included in “CR” as defined in section 136(3) of the 1993 Act.
General provisions Grants and Contributions
54
1
Where before the reorganisation date the Secretary of State has paid grant to an abolished authority under section 70(2) of the Local Government, Planning and LandAct 1980 (grants in respect of caravan sites for gypsies) or has paid contributions to an abolished authority under section 516 of the Housing Act 1985 (contributions by Secretary of State) or sections 96 or 132 of the 1989 Act (contributions by the Secretary of State) any rights and duties of the authority in relation to the grant or contributions shall on or after the reorganisation date be treated as the rights and duties of the designated authority.
2
For the purposes of paragraph (1) anything done by or in relation to the abolished authority in connection with the grant or contributions shall be treated on or after the reorganisation date as if it had been done by or in relation to the designated authority.
Assistance to successor and acquiring authorities
55
During the preliminary period and the initial year each successor authority shall provide to any other successor authority, and a relinquishing authority shall provide to an acquiring authority, and each acquiring authority shall provide to any other acquiring authority in respect of the same relinquishing authority, such information and assistance as the successor or acquiring authority, as the case may be, requires to enable it to discharge any functions transferred to it under these Regulations.
Assistance to the chief finance officer of a successor or acquiring authority
56
A person who during the preliminary period is the chief finance officer of an abolished or relinquishing authority shall during that period provide such assistance to the chief finance officer of respectively any successor or acquiring authority as such chief finance officer reasonably requires to enable him to discharge any functions referred to in regulations 36, 37 and 38 and shall provide the same assistance during any part of the initial year in which that person is an officer of a successor authority or continues to be an officer of the relinquishing authority, as the case may be.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
4th November 1994


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Tees and Hartlepool Port Authority (Dissolution) Order 1994.
Dissolution of the Authority
2
The Tees and Hartlepool Port Authority shall be dissolved on 31st March 1994.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State
Department of Transport
16th March 1994


text:
Citation and commencement
1
These Regulations, which implement —
a
the European Convention for the Protection of Animals kept for Farming Purposes of 10th March 1976 as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6th February 1992;
b
Council Directive 88/166/ EEC laying down minimum standards for the protection of laying hens kept in battery cages ;
c
Council Directive 91/629/EEC laying down minimum standards for the protection of calves ;
d
Council Directive 91/630/EEC laying down minimum standards for the protection of pigs ;
may be cited as the Welfare of Livestock Regulations 1994 and shall come into force on the fourteenth day after the day on which they are made.
Interpretation and application
2
1
In these Regulations —
“automatic equipment” means automated or mechanical equipment, the failure of which will cause the livestock to suffer unnecessary pain or unnecessary distress unless the failure is rectified or other provision is made for the care of livestock;
“battery cage” means an enclosed space intended for laying hens in a battery system;
“battery system” means an arrangement of cages in rows or tiers or rows and tiers;
“boar” means a male pig after puberty, intended for breeding;
“calf” means a bovine animal aged six months or less;
“gilt” means a female pig intended for breeding, after puberty and before farrowing;
“intensive system” means a husbandry method in which livestock are kept in such numbers or density or in such conditions or at such production levels that their health and welfare depend upon frequent human attention;
“intensive unit” means a unit in which livestock are kept under an intensive system;
“laying hen” means an adult female domestic fowl ( Gallus gallus ) which is kept for egg production;
“pig” means an animal of the porcine species of any age, kept for breeding or fattening;
“piglet” means a pig from birth to weaning;
“rearing pig” means a pig from ten weeks to slaughter or service;
“sow” means a female pig after the first farrowing;
“stock-keeper” means the owner of the livestock or the person responsible for the livestock;
“weaner” means a pig from weaning to the age of ten weeks.
2
Nothing in these Regulations shall apply to any act lawfully done under the Animals (Scientific Procedures) Act 1986 .
3
These Regulations shall only apply in relation to livestock for the time being situated on agricultural land.
4
These Regulations shall not apply in relation to bees or fish, including shellfish, crustaceans and molluscs.
5
In these Regulations, a person knowingly permits livestock to be kept if —
a
the livestock is under his control, and
b
he knows or could reasonably be expected to know how the livestock is or may be kept.
Keeping livestock
3
1
No person shall keep, or cause or knowingly permit to be kept, a laying hen in a battery cage unless the conditions of Schedule 1 to these Regulations are complied with.
2
No person shall keep, or cause or knowingly permit to be kept, a calf unless the conditions of Schedule 2 to these Regulations are complied with.
3
No person shall keep, or cause or knowingly permit to be kept, a pig unless the conditions of Schedule 3 to these Regulations are complied with.
4
No person shall keep, or cause or knowingly permit to be kept, other livestock unless the conditions of Schedule 4 to these Regulations are complied with.
Welfare Codes
4
1
Any person who employs or engages persons to attend to livestock shall ensure that the person attending to the livestock —
a
is acquainted with the provisions of all relevant welfare codes relating to the livestock being attended;
b
has access to a copy of those codes while he is attending the livestock; and
c
has received instruction and guidance on them.
2
Any person who keeps livestock, or who causes or knowingly permits livestock to be kept, shall not attend the livestock unless he has access to all welfare codes relating to that livestock while he is attending to them, and is acquainted with the provisions of those codes.
3
In this regulation “welfare code” means a current code issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968.
Importation from third countries
5
1
No person shall import a calf or a pig from a country outside the Economic Community unless it is accompanied by a certificate issued by the competent authority of that country, certifying that it has received treatment at least equivalent to that granted to animals of Community origin as provided for in Council Directive 91/629/EEC or Council Directive 91/630/EEC .
2
This regulation shall be enforced under the procedures relating to third country imports contained in the Animals and Animal Products (Import and Export) Regulations 1993 , and any contravention of this regulation shall be an offence under those Regulations.
Powers of entry
6
Any person authorised by the Minister under section 6(1) of the Agriculture (Miscellaneous Provisions) Act 1968 and exercising powers of entry under that Act for the purposes of these Regulations may take with him a representative of the European Commission acting for the purposes of Council Directive 88/166/EEC , Council Directive 91/629/EEC or Council Directive 91/630/EEC as well as any person he takes under powers provided under section 6(3) of that Act.
Offences
7
A person who contravenes or fails to comply with any provision of these Regulations other than regulation 5 shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
Revocations and amendments
8
1
The Welfare of Livestock (Intensive Units) Regulations 1978 , the Welfare of Battery Hens Regulations 1987 , the Welfare of Calves Regulations 1987 , the Welfare of Livestock Regulations 1990 and the Welfare of Pigs Regulations 1991 are hereby revoked.
2
In paragraph 6 of the first Schedule of the Protection of Animals (Anaesthetics) Act 1954 for the words —
“pig 2 months”
there shall be substituted the words —
“pig 4 weeks”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed the 25th July 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th July 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
26th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedford Hospital 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 Bedford Hospital 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:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994 and shall come into force as follows:
a
except for regulation 4 and regulation 6 to the extent that it applies to regulation 4, they shall come into force on 1st March 1994; and
b
regulation 4 and regulation 6 to the extent that it applies to regulation 4 shall come into force on 1st August 1994.
Interpretation
2
1
In these Regulations, a reference to a battery or accumulator is a reference to a source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary (non-rechargeable) batteries or secondary (rechargeable) cells containing —
a
either —
i
more than 25mg mercury per cell; or
ii
in the case of alkaline manganese batteries, more than 0.025% mercury by weight;
b
more than 0.025% cadmium by weight; or
c
more than 0.4% lead by weight.
2
In these Regulations, unless the context otherwise requires —
“collection” means the gathering, sorting and/or grouping together of spent batteries and accumulators;
“Community” means the European Community;
“the Directive” means Council Directive 91/157/ EEC on batteries and accumulators containing certain dangerous substances ;
“disposal” means any operation, provided that it is applicable to batteries and accumulators, included in Annex II A to the Framework Directive;
“excluded appliance” means an appliance within the list of categories of appliance contained in Annex II to the Directive and which is set out in Schedule 1 hereto;
“the Framework Directive” means Council Directive 75/442/EEC as amended by Council Directive 91/156/EEC ;
“heavy metal content mark” means, in the case of a battery or accumulator —
which contains mercury, the chemical symbol “Hg”;
which contains cadmium, the chemical symbol “Cd”; or
which contains lead, the chemical symbol “Pb”;
“market” has the same meaning as in the Directive or the Marking Directive, as the context may require;
“the Marking Directive” means Commission Directive 93/86/EEC adapting the Directive to technical progress ;
“prohibited battery” has the meaning given by regulation 3(2) below;
“recovery” means any operation, provided that it is applicable to batteries and accumulators, included in Annex II B to the Framework Directive;
“relevant heavy metal content mark” in relation to a battery or accumulator means the heavy metal content mark which comprises the chemical symbol which relates to the heavy metal content of that particular battery or accumulator;
“separate collection mark” means one of the symbols shown in Article 2 of the Marking Directive and which, subject to regulation 4(2)(a) below, are set out as to their forms in Schedule 2 hereto; and
“spent” in relation to a battery or accumulator means a battery or accumulator which is not re-usable and is intended for recovery or disposal.
Prohibition on marketing of certain types of batteries
3
1
No person shall market a prohibited battery.
2
For the purposes of these Regulations, “prohibited battery” means —
a
an alkaline manganese battery which contains more than 0.025% of mercury by weight; or
b
in the case of an alkaline manganese battery for prolonged use in extreme conditions, which contains more than 0.05% of mercury by weight,
but in the case of either (a) or (b) above excludes alkaline manganese button cells or batteries composed of button cells.
3
For the purposes of paragraph (2)(b) above, “extreme conditions” includes, but without prejudice to the generality of the expression, temperatures below 0 degrees Centigrade or above 50 degrees Centigrade or where that battery is likely to be exposed to shocks.
Marking of a battery or accumulator
4
1
Without prejudice to regulation 3 above and subject to paragraph (3) below, a separate collection mark and the relevant heavy metal content mark shall be printed on a battery or accumulator or, as the case may be, on the packaging for that battery or accumulator in accordance with paragraph (2) below —
a
in relation to a battery or accumulator manufactured in Great Britain for sale in the Community, by the manufacturer thereof; or
b
in a case where —
i
the manufacturer thereof is not established in Great Britain;
ii
the battery or accumulator is to be marketed in Great Britain; and
iii
a separate collection mark and the relevant heavy metal content mark have not already been printed thereon or, as the case may be, on the packaging thereof,
aa
by the manufacturer’s authorised representative established in Great Britain; or
bb
by the person in Great Britain responsible for placing that battery or accumulator on the market.
2
For the purposes of paragraph (1) above —
a
a separate collection mark shall be printed on a battery or accumulator or, as the case may be, on the packaging for that battery or accumulator in accordance with the requirements specified in Article 4(1) and (3) of the Marking Directive which for the purposes of these Regulations are set out in paragraphs 1 and 3 of Schedule 3 hereto; and
b
the relevant heavy metal content mark shall be printed on a battery or accumulator or, as the case may be, on the packaging for that battery or accumulator in accordance with the requirements of Article 4(2) and (3) of the Marking Directive which for the purposes of these Regulations are set out in paragraphs 2 and 3 of Schedule 3 hereto.
3
Paragraph (1) above shall not apply in relation to a battery or accumulator which is marketed in Great Britain on or before 31st December 1995 and which was manufactured in, or imported into, the Community before the date on which this regulation comes into force.
Batteries or accumulators for incorporation into appliances
5
1
In relation to an appliance (other than an excluded appliance) into which a battery or accumulator is or, as the case may be, is to be incorporated, the manufacturer of that appliance shall ensure that the battery or accumulator which is or, as the case may be, is to be incorporated therein can be readily removed, when spent, by the consumer.
2
An excluded appliance shall be accompanied by instructions which —
a
inform the user of the appliance of the content of environmentally hazardous batteries or accumulators contained in the appliance; and
b
show how the batteries or accumulators can be removed safely.
Enforcement
6
1
If the Secretary of State is notified that a battery or accumulator has not been marked in accordance with regulation 4 above, the Secretary of State may give notice —
a
in relation to a battery or accumulator which has been manufactured in Great Britain, to the manufacturer thereof; or
b
in the case where the manufacturer thereof is not established in Great Britain and the battery or accumulator is being marketed in Great Britain to —
i
the manufacturer’s authorised representative established in Great Britain; or
ii
the person in Great Britain responsible for placing that battery or accumulator on the market,
specifying the matters mentioned in paragraph (3) below.
2
If the Secretary of State is notified that an appliance or an excluded appliance, as the case may be, does not meet the requirements of regulation 5 above which apply to it, the Secretary of State may give notice to the manufacturer thereof specifying the matters mentioned in paragraph (3) below.
3
The following matters shall be specified in a notice given under paragraph (1) or (2) of this regulation —
a
the respects in which —
i
that battery or accumulator has not been marked in accordance with regulation 4 above; or
ii
that appliance or excluded appliance, as the case may be, does not meet the requirements of regulation 5 above which apply to it; and
b
that within the period specified in the notice the person to whom it is given must take steps to ensure that —
i
in the case of a battery or accumulator which has not been marked in accordance with regulation 4 above, any battery or accumulator of the same type which —
aa
in relation to a notice under paragraph (1)(a) above, is placed on the market in the Community; or
bb
in relation to a notice under paragraph (1)(b) above, is placed on the market in Great Britain,
by that person is so marked;
ii
in the case of an appliance which has not been manufactured in accordance with the requirements of regulation 5(1) above, any appliance of the same type which is placed on the market in the Community by that person is so manufactured; or
iii
in the case of an excluded appliance which does not meet the requirements of regulation 5(2) above, any excluded appliance of the same type which is placed on the market in the Community by that person does so meet those requirements.
4
A notice under this regulation shall specify the date on which it is to take effect, the grounds for the decision to serve a notice and the period within which the necessary steps must be taken.
Offences
7
1
Subject to paragraphs (2) and (3) below, any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3 above or any notice served pursuant to regulation 6 above within the period specified in that notice shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.
2
For the purposes of paragraph (1) above, in relation to a failure to comply with the provisions of regulation 3 above it shall be a “reasonable excuse”, without prejudice to the generality of that expression, if that person believes (with reasonable cause) that the prohibited battery will not be used in the Community.
3
Where the commission by any person of an offence under paragraph (1) above is due to the act or default of some other person, that person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by corporations
8
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Patrick McLoughlin
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
2nd February 1994


text:
1
This Order may be cited as the A23 Trunk Road (Purley Way, Croydon) (Box Junction) Order 1994 and shall come into force on 11th June 1994.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1043 in the Traffic Signs Regulations 1981 ; and
“the trunk road” means that part of the A23 Trunk Road in the London Borough of Croydon known as Purley Way.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole of any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary within the boxed area while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason either of oncoming vehicles or of the presence of other stationary vehicles waiting in or near that area to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary in the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State for Transport
P J Bevis
A Grade 6 Officer Highways Agency London Office
6th June 1994


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Gas Carriers) Regulations 1994 and shall come into force on 1st October 1994.
2
In these Regulations: —
“the 1974 SOLAS Convention ” means the International Convention for the Safety of Life at Sea, 1974, as amended ;
“Cargo Ship Safety Construction Certificate”, “Cargo Ship Safety Equipment Certificate”, “Cargo Ship Safety Radiotelegraphy Certificate” and “Cargo Ship Safety Radiotelephony Certificate” mean respectively the certificates so entitled, issued in conformity with the 1974 SOLAS Convention and, in the case of a United Kingdom ship, under or pursuant to the Merchant Shipping Acts 1894 to 1994;
“constructed” means, in relation to a ship, having its keel laid or being at a similar stage of construction; and “similar stage of construction” means the stage at which —
construction identifiable with a specific ship begins; and
assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less;
“1986-1994 gas carrier” means —
a gas carrier which was constructed on or after 1st July 1986 but before 1st October 1994;
a ship which was converted to being a gas carrier in that period; or
(to the extent that the Secretary of State considers reasonable and practicable) a gas carrier which was constructed before 1st July 1986, but which underwent repairs, alterations or modifications of a major character in that period;
“gas carrier” means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas listed in Chapter 19 of the IGC Code or any other substance so listed;
“the IBC Code ” means, in relation to 1986-1994 gas carriers the 1983 IBC Code , and in relation to new gas carriers, the 1994 IBC Code ;
“the IGC Code” means, in relation to 1986-1994 gas carriers, the 1983 IGC Code and in relation to new gas carriers, the 1993 IGC Code ;
“in bulk” means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship;
“International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk” means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with Chapter 1 of the IGC Code by or on behalf of the Administration of the State in which the ship is registered.
“new gas carrier” means —
a gas carrier which is constructed on or after 1st October 1994;
a ship which is converted to being a gas carrier on or after that date; or
(to the extent that the Secretary of State considers reasonable and practicable) a gas carrier which was constructed before that date, but underwent repairs, alterations or modifications of a major character after that date;
“1983 IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organisation in 1983;
“1994 IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organisation in 1994;
“1983 IGC Code” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the International Maritime Organisation in 1983;
“1993 IGC Code” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the International Maritime Organisation in 1993.
3
In interpreting the IGC Code —
a
the requirements of the IGC Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly;
b
the definitions set out in Chapter 1, paragraph 1.3 thereof, shall apply;
c
references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State; and references to the Port Administration shall, in relation to all ships in the United Kingdom, be references to the Secretary of State;
d
references to the 1974 SOLAS Convention mean references to the Convention as defined in these Regulations.
4
In interpreting the 1983 IGC Code —
a
in paragraph 2.7.8.1, the number “2.9.1.2.1”shall be read as “2.9.2.1”; in paragraph 4.2.2.3, last line, “1 mm” shall be read as “10 mm”; in paragraph 5.2.1.1, first line, “this section” shall be read as “sections 5.2-5.5”;
in paragraph 5.4.6.3.1, second line, “service temperatures” shall be read as “design temperatures”;
in paragraph 11.1.1.1, the number “56.4” shall be read as “56.6”;
in paragraph 14.2.3.1, first line, “one set” shall be read as “one spare set”;
b
the number of firemen’s outfits required pursuant to paragraph 11.6.1 shall, for ships below 2000m 3 total cargo capacity, be 4.
5
Any reference in these Regulations to any of the following —
a
the IBC Code;
b
the IGC Code;
c
1974 SOLAS Convention;
shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
6
The Merchant Shipping (Gas Carriers) Regulations 1986 are hereby revoked.
Application
2
1
These Regulations apply, subject to the following provisions of this regulation, to 1986-1994 gas carriers and to new gas carriers.
2
Where a ship is constructed or adapted to carry one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the IGC Code and is not constructed or adapted to carry any substance listed only in Chapter 19 of the IGC Code then these Regulations shall not apply to that ship.
3
These Regulations apply to all ships specified in paragraph (1) which are United Kingdom ships wherever they may be and to other such ships while they are within the United Kingdom or the territorial waters thereof: provided that in the case of a ship registered in a State which is not a party to the 1974 SOLAS Convention they shall not apply by reason of its being in the United Kingdom or the territorial waters thereof if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any).
Compliance with the IGC Code
3
Every ship to which these Regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapter 1, paragraphs 1.1.4.1-1.1.4.4 inclusive, and Chapters 2-19 inclusive of the IGC Code.
Survey requirements
4
1
The structure, equipment, fittings, arrangements and materials (other than items in respect of which a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate, Cargo Ship Safety Radiotelegraphy Certificate or Cargo Ship Safety Radiotelephony Certificate is issued) of a gas carrier shall be subjected to the following surveys:
a
an initial survey before the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk is issued for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements and materials in so far as the ship is covered by the IGC Code; such a survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the applicable provisions of the IGC Code;
b
a periodical survey at intervals not exceeding 5 years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials comply with the applicable provisions of the IGC Code;
c
a minimum of one intermediate survey during the period of validity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before 6 months prior to, nor later than 6 months after, the half-way date of the certificate’s period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pump and piping systems comply with the applicable provisions of the IGC Code and are in good working order; a record of such surveys in the form entitled “Endorsement for Intermediate Surveys” set out in the appendix to the IGC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk;
d
an annual survey within 3 months before or after the anniversary date of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form entitled “Endorsement for Mandatory Annual Surveys” set out in the appendix to the IGC Codes shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk;
e
an additional survey, either general or partial according to the circumstances, shall be made when it has been determined under regulation 6(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board; a record of such survey shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the IGC Code.
2
Every such survey of a United Kingdom ship shall be carried out by a surveyor appointed by the Secretary of State.
Issue of International Certificate of Fitness
5
1
Upon satisfactory completion of an initial or periodical survey the Secretary of State shall issue to a ship which complies with the relevant requirements of the IGC Code a certificate called an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the model form of which is set out in the appendix to the IGC Code.
2
A certificate shall cease to be valid —
a
if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey;
b
if any survey required by regulation 4(1)(e) is not completed within such reasonable time as the surveyor may specify; or
c
upon transfer of the ship to registry in another State.
3
In either of the cases specified in sub-paragraph (a) or (b) of paragraph (2) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.
4
In the case of a ship which has transferred from registry in another State to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out as required by regulation 4(2) —
a
the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and
b
the ship was issued by or on behalf of the Administration of that other State with a certificate of fitness which would, but for the change of registry, have remained valid; and
c
the condition of the ship and its equipment has been maintained in conformity with the provisions of the IGC Code; and
d
since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys, without the sanction of the Administration of that other State or of the Secertary of State, except by direct replacement;
issue to that ship an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk for a period to be determined by the Secretary of State, but not extending beyond the expiry date of the certificate referred to in sub-paragraph (b).
5
The International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk shall be kept on board ship and shall be available for inspection at all reasonable times.
Maintenance of condition after survey
6
1
The condition of a gas carrier and its equipment shall be maintained so as to conform to the provisions of the IGC Code.
2
After any survey of the ship under regulation 4 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Secretary of State, except by direct replacement.
3
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or crew, the master or owner of the ship shall report at the earliest opportunity to the Secretary of State, who shall determine whether an additional survey is necessary. If the ship is in a port of another State, the master or owner shall also report immediately to the appropriate authority of the government of the State in which the port is situated.
Equivalents
7
1
Where the IGC Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a ship, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Secretary of State shall allow any other fitting, material, appliance, apparatus, item of equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof, or that any particular provision, procedure or arrangement is at least as effective as that required by the IGC Code.
2
For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out —
a
in accordance with these Regulations or with a standard, code of practice, specification or technical description of a member State, other than the United Kingdom offering equivalent levels of safety, suitability and fitness for purpose; and
b
by a body or laboratory of a member State other than the United Kingdom offering suitable and satisfactory guarantess of technical and professional competence and independence.
Exemptions
8
The Secretary of State may exempt any ship from any of the requirements of the IGC Code, subject to such conditions as he may specify, and may alter or cancel any exemption so granted.
Loading and carriage in bulk of dangerous substances
9
1
No ship to which these Regulations apply shall load in bulk or carry in bulk any of the substances listed in Chapter 19 of the IGC Code unless —
a
there is in force in respect of that ship a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk covering the substance which the ship is loading or carrying; or
b
the Secretary of State has given approval to its carriage.
2
Any approval in pursuance of this regulation shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
Penalties
10
1
a
If there is a breach of regulation 3, 6 or 9 in relation to a ship then the owner and master of the ship shall each be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum or, on indictment, to a fine.
b
If there is a breach of regulation 4(2) of these Regulations then the owner of a ship shall commit an offence punishable on summary conviction by a fine not exceeding the statutory maximum or, on indictment, to a fine.
2
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to ensure that the Regulations were complied with.
Power to detain
11
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 692(1) to (3) of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted the words “the Merchant Shipping (Gas Carriers) Regulations 1994.”
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary,
Department of Transport
19th September 1994


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1994 and shall come into force on 26th August 1994.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1989 .
2
In paragraphs (3) and (4) of regulation 11 of the principal Regulations, for the sum “£1,125” there shall be substituted the sum “£1,140” in each place where it appears.
3
1
In paragraph 1 of Schedule 2 to the principal Regulations (scales of remission), for the sum “£9,225” there shall be substituted the sum “£9,352”.
2
For the Table in paragraph 2 of that Schedule there shall be substituted the following Table–
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils
That part which exceeds £9,186 but does not exceed £9,988 9% 6.75% 5.25% That part (if any) which exceeds £9,988 but does not exceed £10,804 12% 9% 7% That part (if any) which exceeds £10,804 but does not exceed £12,422 15% 11.25% 8.75% That part (if any) which exceeds £12,422 but does not exceed £14,913 21% 15.75% 12.25% That part (if any) which exceeds £14,913 but does not exceed £18,163 24% 18% 14% That part (if any) which exceeds £18,163 33% 24.75% 19.25%
Eric Forth
Minister of State
Department for Education
28th July 1994
John Redwood
Secretary of State for Wales
30th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aintree Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 27th October 1994.
2
In this Order —
“the Authority” means the St. Helens and Knowsley Health Authority;
“the Trust” means the Aintree Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 27th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
27th September 1994


text:
Citation and commencement
1
This Order may be cited as the Trustee Investments (Additional Powers) Order 1994 and shall come into force on 11th March 1994.
Addition to Part I of the First Schedule to the Trustee Investments Act 1961
2
The powers of investment conferred by section 1 of the Trustee Investments Act 1961 shall be extended by adding National Savings Pensioners Guaranteed Income Bonds to paragraph 1 of Part I of the First Schedule thereto .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pinderfields Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 29th September 1994.
2
In this Order —
“the Authority” means the Wakefield Health Authority;
“the Trust” means the Pinderfields Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 25th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th September 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
1st September 1994


text:
1
1
This Order may be cited as the A63 Trunk Road (Selby Road Junction) Order 1994 and shall come into force on 29th April 1994.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway, a roundabout, which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/YHCPD53, marked “The A63 Trunk Road (Selby Road Junction) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
30th March 1994