text:
Citation and commencement
1
1
This Order may be cited as the Lydney and Parkend Light Railway (Extension and Amendment) Order 1994 and shall come into force on 14th May 1994.
2
The Lydney and Parkend Light Railway Order 1985 and this Order may be cited together as the Lydney and Parkend Light Railway Orders 1985 and 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the bypass crossing” means the level crossing described in article 9 of this Order;
“the carriageway” means the carriageway of the specified road;
“the Clerk of Works” means the person for the time being supervising the construction of the bypass crossing on behalf of the County Council;
“the Company” means Forest of Dean Railway Limited incorporated under the ) and whose registered office is at Brunel House, George Street, Gloucester GL1 1BZ;
“the Company’s new railways” means (i) Railway No. 4 or any part of it vested in the Company by virtue of an agreement made pursuant to article 4(1) of this Order and (ii) such part or the whole of the railway authorised by article 5 of this Order as shall have been constructed for the time being;
“the Company’s railway” means the railways comprising Railways Nos. 1, 2 and 3 together with the Company’s new railways;
“the County Council” means the Gloucestershire County Council;
“the deposited plan” means the plan and section deposited with the Secretary of State on the application for this Order in respect of the bypass crossing;
“the enabling Acts” has the same meaning as assigned thereto by the principal Order with the addition of the Severn Bridge Railway Act 1872 ;
“the Line Controller” means the person for the time being in charge of train movements on the Company’s railway;
“Parkend crossing” means the level crossing described in article 10 of this Order;
“the principal Act ” means the Light Railways Act 1896;
“the principal Order” means the Lydney and Parkend Light Railway Order 1985;
“Railtrack” means Railtrack Plc incorporated under the Companies Act 1985 and having its registered offices at 40 Bernard Street, London WC1N 1BY;
“Railway No. 1” has the meaning assigned to it by the principal Order as redefined by this Order;
“Railway No. 2” and “Railway No. 3” have the respective meanings assigned to them by the principal Order;
“Railway No. 4” means the Railway No. 4 described in Schedule 1 to this Order;
“Railway No. 5” means the Railway No. 5 described in Schedule 1 to this Order and, after the construction of the railway authorised by article 5 of this Order, that railway;
“the Regulations ” means the Traffic Signs Regulations and General Directions 1981
“the specified road” means the road at the bypass crossing;
“train” means–
2 or more items of rolling stock coupled together, at least one of which is a locomotive; or
a locomotive not coupled to any other rolling stock;
“the transfer date” means the day on which Railway No. 4 or any part of it is vested in the Company by virtue of an agreement made pursuant to article 4(1) of this Order;
2
In this Order the expressions “left hand side” and “right hand side” shall be construed as they would appear to a person approaching the bypass crossing along the specified road.
3
In this Order all directions and distances stated in the description of any railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 9, 11 to 15, 17, 32 to 44, 46 to 49, 53 to 57, 59 and 60, 69 to 74, 94, 95, 97 and 115 to 124) are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
2
The said incorporated provisions (so far as they may not already so apply) shall apply also to the Company’s railway as such expression is defined by the principal Order, and that Order is hereby amended accordingly.
3
Subject to the provisions of this Order such of the enactments mentioned in the Second Schedule to the principal Act as are still in force shall not apply to the Company’s new railways except for section 22 of the Regulation of Railways Act 1868 (means of communication -between passengers and Company’s servants to be provided) and sections 1 (power to order certain provisions to be made for public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
4
In its application to the Company’s new railways section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
Transfer of Railway No. 4 to the Company
4
1
The Board and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of Railway No. 4 or any part of it on such terms and conditions as may be agreed between the Board and the Company.
2
As from the transfer date the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise for the time being in force in respect of Railway No. 4 or such part of it as is transferred as aforesaid.
3
Subject to the provisions of this Order, as from the transfer date the Company may work Railway No. 4 as a light railway under the principal Act.
Power to make railway
5
Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the Forestry Commission and over the public road referred to in article 10 of this Order and on the same line and levels as Railway No. 5 and within the existing formation of that former railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith, including a station, premises, workshops and facilities, and work it as a light railway under the principal Act.
Gauge of railway and motive power
6
The Company’s new railways shall be maintained and operated on a gauge of 1,435 millimetres (4 feet 8½ inches) and the motive power shall be steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power unless such power is obtained from storage batteries or from of a source of generation entirely contained in and carried along with the engine and carriages;
Provided also that, if electrical power is used as motive power on the Company’s new railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Conveyance of passengers
7
No part of the Company’s new railways shall be used for the conveyance of passengers without the permission in writing of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s new railways.
Existing railway redefined
8
Railway No. 1 shall include any vertical or horizontal deviation of track connected with the taking of the road intended to be known as the Lydney Bypass over Railway No. 1 in accordance with article 9 below, provided that any such deviation is within the limits referred to in that article.
Construction of public level crossing for Lydney Bypass
9
1
The Company may on lands belonging to or leased to the Company make and maintain the bypass crossing as described in Schedule 2 to this Order at the location, on the alignment and within the limits of deviation shown on the deposited plan and at the same levels (save as otherwise provided by this Order) as the existing Railway No. 1 and Railway No. 4, together with all such approaches and plant and other works and conveniences as it may be necessary or convenient to construct in connection with it.
2
In the construction of the bypass crossing the Company may deviate laterally from the location or alignment of the work shown on the deposited plan within the limits of deviation shown thereon and may also deviate vertically in the construction of the work from the levels of the existing railway to any extent not exceeding 1 metre upwards and 1 metre downwards.
3
The Company and the County Council may enter into and carry into effect agreements providing for the construction of the bypass crossing, and for the dedication of the bypass crossing as a public highway subject to the rights and powers to maintain and operate the Company’s railway by virtue of the principal Order and this Order, and for the installation, operation and maintenance of any gates, barriers, lights, traffic signs and other devices and appliances referred to in this article.
4
a
The Company may make provision for the County Council to use the bypass crossing to give access and accommodation to the works to be undertaken by the County Council in the construction of the public road referred to in Schedule 2 to this Order.
b
Such access and accommodation shall be by means of a temporary level crossing on the same alignment and level and within the same limits of deviation as those referred to in paragraphs (1) and (2) of this article.
5
The following provisions, being provisions which in the opinion of the Secretary of State are necessary or expedient for the safety of those using the bypass crossing, shall apply in respect of the bypass crossing:–
a
The Company shall, during the period in which the County Council is engaged in works to provide the new road referred to in Schedule 2 to this Order, provide, operate and maintain the protective equipment which is specified in Part I of Schedule 3 to this Order.
b
The Company shall provide, and shall from the time when the works referred to on sub-paragraph (a) above are completed and thereafter so long as this Order continues in force operate and maintain the protective equipment which is specified in Part II of Schedule 3 to this Order.
c
The Company shall during the period of works mentioned in sub-paragraph (a) above observe the conditions and requirements specified in Part III of Schedule 3 to this Order, and thereafter shall observe the conditions and requirements specified in Part IV of Schedule 3 to this Order.
d
There shall be no interval of time between the discontinuance of the provisions of Part I and the commencement of the provisions of Part II of Schedule 3 to this Order.
6
Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at the bypass crossing.
As to Parkend Crossing
10
1
The Company may in the construction of Railway No. 5 carry the same with a double line of rails across and on the level of the Yorkley Road immediately north of Parkend station.
2
The Company shall erect and at all times maintain good and sufficient gates across the Company’s railway at each side of the highway at the crossing of the highway at Parkend crossing, and in connection with such level crossing the provisions set out in Schedule 4 to this Order shall apply.
3
Nothing in this Order shall require the provision of any building or keeper at Parkend crossing.
4
Subject to the provisions of this Order the Company may, during and for the purpose of the execution of the works for the purposes of or in connection with Parkend crossing, stop up and divert and interfere with temporarily all or any part of the carriageway or footway of the highway within the area of the level crossing and may for any reasonable time divert the traffic therefrom and prevent all persons other than those going bona fide to any premises abutting on the highway from passing along and using the same.
5
The Company shall provide reasonable access for persons on foot going bona fide to any such premises.
6
a
The Company shall not exercise the powers of this article without the consent of the County Council.
b
Any such consent may be given subject to such reasonable conditions as the County Council may require but shall not be unreasonably withheld and any question whether such consent has been unreasonably withheld, or whether any such condition is reasonable, shall be referred to and determined by a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on the application of either party (after notice in writing has been given to the other party).
For protection of public gas suppliers
11
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s railway is constructed.
For protection of Railtrack
12
In the working of Railway No. 4 the Company shall comply with the reasonable requirements of Railtrack to ensure the continued safe, economic and unhindered operation of Railtrack’s Gloucester to Chepstow railway.
Signed by authority of the Secretary of State for Transport
J.R. Coates
An Under Secretary,
Department of Transport
13th May 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Wirral Tramway Light Railway Order 1994 and shall come into force on 1st July 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Act of 1845 ” means the Railways Clauses Consolidation Act 1845 ;
“the Act of 1991 ” means the New Roads and Street Works Act 1991 ;
“authorised street tramway” means any street tramway authorised by this Order;
“authorised tramroad” means any tramroad authorised by this Order;
“authorised tramway” means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the borough” means the Metropolitan Borough of Wirral;
“carriageway” has the same meaning as in the Highways Act 1980 ;
“ the Council ” means the Council of the borough;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“the limits of deviation” mean the limits so shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” means a street within the meaning of section 48 of the Act of 1991, together with land on the verge of a street, between two carriageways and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Act of 1991;
“street tramway” means any part of a tramway which is laid along a street —
whether or not the section of the street in which its rails are laid may be used by other traffic; or
whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“telecommunication system” has the meaning given by section 4 of the Telecommunications Act 1984 ;
“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984 ;
“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;
“tramroad” means any part of a tramway which is not a street tramway;
“tramway” means any railway which is laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“undertaker” means the Council and any lessee under Article 26 (Power to lease tramway system) below to the extent so provided by that article.
2
Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
3
a
Except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on the tramway shall be taken to be measured along the tramway.
b
This paragraph does not apply to distances or lengths stated in the following provisions of this Order: —
Article 5 (Power to deviate);
Article 15 (Gauge of tramway and restrictions on working).
4
References in this Order to rights over land include references to the rights to do, or to place and maintain, anything in, on or under land or in the air space over its surface.
Incorporation and application of enactments relating to railways
3
1
The provisions of the Act of 1845 (except sections 7 to 9, 11 to 23, 30 to 44, 46 to 57, 59 to 62, 86, 94, 95, 103 to 105, 115 to 124 and 138), so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, are incorporated with and form part of this Order, and this Order shall be deemed to be the special Act for the purposes of those provisions.
2
In the provisions incorporated by paragraph (1) above —
a
the expression “the company” means the undertaker;
b
section 58 of the Act of 1845 (company to repair roads used by them) shall apply except for the words from “and if any question” to the end.
3
The provisions of the Regulation of Railways Acts 1840 to 1893, except the provisions of the Regulation of Railways Act 1871 and section 1 of the Regulation of Railways Act 1889 , shall not apply in relation to the authorised tramway.
4
Section 42 of the Road and Rail Traffic Act 1933 shall not apply to the authorised tramway.
Power to construct works
4
1
The undertaker may construct and maintain the tramways described in Schedule 1 to this Order.
2
Subject to article 5 (Power to deviate) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely: —
a
works required for, or in connection with, the control of traffic on the authorised tramway;
b
works to alter the position of apparatus, including mains, sewers, drains and cables;
c
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
d
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
e
works for the benefit or protection of the premises affected by the scheduled works.
4
Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.
5
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5
1
In constructing or maintaining any of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans; and
b
deviate vertically from the levels shown on the deposited sections to any extent not exceeding 0.5 metres.
2
The undertaker may in constructing or maintaining any of the authorised tramroads or authorised street tramways lay down —
a
double lines of rails in lieu of single lines;
b
single lines of rails in lieu of double lines;
c
interlacing lines of rails in lieu of double or single lines; or
d
double or single lines of rails in lieu of interlacing lines.
3
The power in paragraph (2) above shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
Plans to be approved by Secretary of State before works commenced
6
1
Before constructing the authorised tramway the undertaker shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning —
a
permanent way or track;
b
signalling; and
c
lighting.
2
Any such works shall be constructed and maintained in accordance with such plans, sections and particulars approved by the Secretary of State.
3
The undertaker shall submit for the approval of the Secretary of State details of their proposals for the tramcars to be used on the authorised tramway and any tramcars so used shall be constructed and maintained in accordance with particulars approved by the Secretary of State.
Power to keep apparatus in streets
7
1
The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.
2
In this article —
a
“apparatus” has the same meaning as in Part III of the Act of 1991;
b
“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ; and
c
the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
Power to execute street works
8
The undertaker may, for the purpose of exercising the powers conferred by article 7 (Power to keep apparatus in streets) above and the other provisions of this Order, enter upon any street along which any authorised street tramways are laid and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.
Agreements with street authorities
9
1
A street authority and the undertaker may enter into agreements with respect to: —
a
the construction of any new street (including any structure carrying the street over or under a tramroad) under the powers conferred by this Order;
b
the maintenance of the structure of any bridge or tunnel carrying a street over or under a tramroad;
c
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
d
the execution in the street of any works referred to in article 8 (Power to execute street works) above.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above —
a
provide for the street authority to carry out on behalf of the undertaker any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Mode of construction and operation of tramway
10
1
The authorised street tramways (other than any reserved track tramways) shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid.
2
a
Where the authorised street tramways have been constructed in the aforementioned manner, works for the purpose, or having the effect, of altering the level of any part of a street in which the authorised street tramways are situated shall not be carried out without the consent of the undertaker.
b
Consent under subparagraph (a) above may be given subject to such reasonable terms and conditions as the undertaker may require, but shall not be unreasonably withheld, and any difference arising under this paragraph shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Traffic control
11
1
The undertaker may, for the purposes of, or in connection with the operation of, the authorised street tramways, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the Road Traffic Regulation Act 1984 (“the 1984 Act ”) or of a character authorised by the Secretary of State on or near any street along which the authorised street tramways are laid.
2
The undertaker shall consult with the traffic authority as to the placing of signs.
3
A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on or near any street along which the authorised street tramways are laid shall consult with the undertaker as to the placing of any traffic sign which would affect the operation of the authorised street tramways.
4
Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the 1984 Act.
5
Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.
Restoration of streets if tramway discontinued
12
If the undertaker permanently ceases to operate any of the authorised street tramways (“the discontinued tramway”), it shall as soon as reasonably practicable and unless otherwise agreed with the street authority —
a
remove from the street in which the discontinued tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and
b
restore, to the reasonable satisfaction of the street authority, the portion of the street along which the discontinued tramway was laid to as good a condition as that in which it was before the tramway was laid.
Level crossings
13
1
The undertaker may, in the construction of the authorised tramway, carry the same across and on the level of the streets specified in Schedule 2 to this Order.
2
a
On completion of the authorised tramway the undertaker shall provide traffic signs in or near any street along or across which the authorised tramway is laid to give warning to other traffic of the presence of the tramway.
b
The places at which the traffic signs are displayed shall be such as may be approved by the highway authority.
3
Subject to the consent of the street authority, which shall not be unreasonably withheld, the undertaker may, in the exercise of the powers of this article, alter or interfere with the level of any street upon which the authorised tramway or any associated work is to be laid.
Provision of accommodation for apparatus
14
Where the undertaker lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised tramway or associated traffic control under article 4 (Power to construct works) above, it may, in pursuance of those powers, provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits on such terms and conditions as may be agreed between the undertaker and such other person.
Gauge of tramway and restrictions on working
15
1
The authorised tramway shall be constructed on a gauge of 1, 435 millimetres (4 feet 8.5 inches) and the motive power to be used shall be electrical energy or such other motive power as the Secretary of State may approve.
2
No part of the authorised tramway shall be used for, or in connection with, the conveyance of passengers without the written permission of the Secretary of State and the undertaker shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the authorised tramway.
3
Without prejudice to the generality of paragraph (2) above, traction cables of the overhead line equipment of the authorised tramway (supplied with 550 volts direct current with a positive feed), shall, unless otherwise agreed by the Secretary of State, be erected at a height of not less than 5.8 metres (19 feet) above the surface of the ground and, if at any place a height of less than 5.63 metres (18 feet 6 inches) above the surface of the ground is so agreed for a cable, the undertaker shall erect such traffic signs as may be directed by the Secretary of State to give warning of the cable.
Temporary stopping up of streets
16
1
The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street to the extent of the limits of deviation and may for any reasonable time —
a
divert the traffic from the street; and
b
subject to paragraph (2) below, prevent all persons from passing along the street.
2
The undertaker shall provide reasonable access for pedestrians going bona fide to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
3
The undertaker shall not exercise the powers of this article in relation to any street without the consent of the street authority, but such consent shall not be unreasonably withheld.
Attachment of equipment to buildings for purposes of tramway
17
1
Subject to the following provisions of this article, the undertaker may affix to any building any brackets, cables, wires, insulators and other apparatus required in connection with the authorised tramway.
2
The undertaker shall not under this article affix any apparatus to a building without the consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld.
3
Where —
a
the undertaker serves on the relevant owner of a building a notice requesting the owner’s consent to the affixing of specified apparatus to the building; and
b
the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give his consent unconditionally or give it subject to conditions or refuse it; the consent shall be deemed to have been withheld.
4
Where apparatus is affixed to a building under this article —
a
any owner for the time being of the building may serve on the undertaker not less than 28 days notice requiring the undertaker at its own expense temporarily to remove the apparatus during any reconstruction or repair of the building if such removal is reasonably necessary for that purpose; and
b
the undertaker shall have the right as against any person having an interest in the building to maintain the apparatus.
5
The undertaker shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by paragraphs (1) and (4)(b) above; and any dispute as to a person’s entitlement to compensation, or as to the amount of compensation, shall be determined under Part I of the Land Compensation Act 1961 .
6
In this article —
“building” includes any structure and a bridge or aqueduct over the street; and
“relevant owner” —
in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, means the occupier of the building; or
in relation to any other building, means the person for the time being receiving the rack rent of the building whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.
Power to operate and use tramway system
18
1
The undertaker may operate and use the authorised tramway and the other authorised works as a light railway under the Light Railways Act 1896 for the carriage of passengers and goods.
2
Subject to paragraph (3) below and to article 26 (Power to lease tramway system) below, the undertaker shall, for the purpose of operating the tramway, have the exclusive right —
a
to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway; and
b
to occupy any part of the street in which that apparatus is situated.
3
Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) above except to the extent that the exercise of the right is constrained by the presence of the apparatus.
Power to charge fares
19
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities in connection with the operation of the authorised tramway, as it thinks fit.
For protection of telecommunications operators
20
For the protection of telecommunications operators the following provisions shall, unless otherwise agreed in writing between the undertaker and the telecommunications operators concerned, apply and have effect: —
a
in this article expressions defined in the Telecommunications Act 1984 have the same meanings as in that Act;
b
the temporary stopping up or diversion of any street under article 16 (Temporary stopping up of streets) above shall not affect any right of a telecommunications operator under paragraph 9 of the telecommunications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that street.
For protection of public electricity suppliers
21
1
In this article “apparatus” means any electric line or electrical plant as respectively defined by section 64 of the Electricity Act 1989.
2
Nothing in this Order shall prejudice or affect the rights of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989, in any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate in, over or under lands in or upon or near to which the authorised tramway or any part thereof may be constructed.
3
Before commencing any works authorised by this Order under or over or which will or may affect any apparatus belonging to a public electricity supplier or for the maintenance of which a public electricity supplier is responsible the undertaker shall give to the public electricity supplier not less than 28 days notice in writing accompanied by a plan and section of the proposed work and such work shall be executed only in accordance with the plan and section submitted, and in accordance with such reasonable requirements (including those contained or referred to in an Agreement dated 17th January 1994 and made between the Council of the one part and Manweb plc of the other part) as may be made by the public electricity supplier for the protection of the apparatus, or for securing access thereto.
4
If by reason or in consequence of the execution or user of any of the works authorised by this Order any damage to any apparatus or any interruption in supply of electricity by a public electricity supplier shall be caused, the undertaker shall bear and pay the cost reasonably incurred by the public electricity supplier in making good such damage or in restoring the supply of electricity and shall make reasonable compensation to the public electricity supplier for any loss sustained by it and indemnify the public electricity supplier from and against all claims in respect of any such damage or interruption.
For protection of public gas suppliers
22
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or structure situate under, over or upon lands in or upon or near to which the authorised tramway or any part thereof is constructed.
Power to lop trees overhanging tramway
23
1
The undertaker may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub —
a
from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway; or
b
from constituting a danger to passengers or other persons using the tramway.
2
In exercising the powers in paragraph (1) above, the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2) above, or as to the amount of compensation, shall be determined under Part I of the Land Compensation Act 1961.
Removal of obstructions
24
1
If any obstruction is caused to tramcars using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it; and if he fails to do so the undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from —
a
any person by whom the vehicle was put or left so as to become an obstruction to tramcars; or
b
any person who was the owner of the vehicle at that time unless he shows that he was not, at that time, concerned in or aware of the vehicle being so put or left.
2
For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of a vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles (Excise) Act 1971 .
Tramcars on tramway deemed public service vehicles
25
1
On such day as may be appointed under paragraph (2) below, regulations made, or having effect as if made, under section 25 or 60(1)(k) of the Public Passenger Vehicles Act 1981 (Regulation of conduct of passengers and lost property) shall have effect as if the tramcars used on the authorised tramway were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985 .
2
a
The Council may by resolution appoint a day for the purpose of any regulation mentioned in paragraph (1) above, the day so appointed being fixed in accordance with subparagraph (b) below.
b
The Council shall publish in a newspaper circulating in the area in which the authorised tramway is situated, notice —
i
of the passing of any such resolution and of the day fixed thereby; and
ii
of the general effect of the enactments for the purposes of which the day has been fixed; and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice.
c
A photostatic or other reproduction certified by the proper officer of the Council to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in subparagraph
b
above shall be evidence of the publication of the notice and of the date of publication.
Power to lease tramway system
26
1
The Council may, with the consent of the Secretary of State grant to another person (“the lessee”) for a period agreed between the Council and the lessee the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be so agreed.
2
The terms of any agreement made by virtue of paragraph (1) above shall be subject to the approval of the Secretary of State.
3
Where an agreement is made by virtue of paragraph (1) above references in this Order to the undertaker shall, if and to the extent that the agreement so provides, have effect as references to the lessee.
Power to contract for police services
27
1
Agreements may be made —
a
between the undertaker and the chief officer of police of any police force and the police authority; or
b
between the undertaker and the British Railways Board; for making available to the undertaker for the purposes of the operation of its tramway undertaking the services of members of the police force or, as the case may be, members of the British Transport Police Force.
2
Any such agreement may be made on such terms and subject to such conditions as may be specified in the agreement.
3
In this article —
a
“chief officer of police”, “police authority” and “police force” have the same meaning as in the Police Act 1964 ; and
b
the British Transport Police Force means the force organised under the scheme set out in the Second Schedule to the British Transport Police Force Scheme 1963 (Amendment) Order 1992 (being an order amending that scheme as it was set out in the Schedule to the British Transport Police Scheme 1963 (Approval) Order 1964 ) made under section 69 of the Transport Act 1962 and as amended by the British Transport Police Force Scheme 1963 (Amendment) Order 1994 .
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary,
Department of Transport
30th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Employers' Liability (Compulsory Insurance) Exemption (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the principal Regulations ” means the Employers' Liability (Compulsory Insurance) Exemption Regulations 1971 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(2) for the definition of “subsidiary” there shall be substituted the following definition:
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985 (c. 6 .).
3
In regulation 3 —
a
at the end of paragraph (z) for the full stop there shall be substituted a semi-colon; and
b
after paragraph (z) there shall be inserted the following paragraph:
za
Railtrack Group plc and any of its wholly owned subsidiaries within the meaning of section 736 (2) of the Companies Act 1985.
.
4
After regulation 3 there shall be inserted the following regulation:
Cessation of exemptions of certain employers
4
1
The exemptions granted by regulation 3(za) of these Regulations shall cease to have effect as from the date on which Railtrack Group plc ceases to be wholly owned by the Crown.
2
In this regulation “wholly owned by the Crown” has the same meaning as in section 151(2) of the Railways Act 1993 (c. 43 .).
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment.
2nd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Coventry Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Coventry Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Coventry Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage hospital accommodation and services provided at Coventry Mental Health Unit, Clifford Bridge Road, Walsgrave, Coventry CV2 2TE and associated hospitals;
b
to manage community health services provided from Gulson Hospital, Gulson Road, Coventry CV1 2HR and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Coventry Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Coventry Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Coventry Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hertfordshire National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the East and North Hertfordshire Health Authority;
“the Trust” means the North Hertfordshire 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 9th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th January 1994


text:
Title, commencement, extension of definitions and interpretation
1
1
This Order may be cited as the Welfare of Animals during Transport Order 1994 and shall come into force on 23rd January 1995.
2
For the purposes of the Act in its application to this Order —
a
the definition of animals in section 87(1) of the Act shall be extended to comprise —
i
any kind of mammal except man;
ii
any kind of four footed beast which is not a mammal;
iii
any fish, reptiles, crustaceans; and
iv
any other cold blooded creatures of any species; and
b
the definition of poultry in section 87(4) of the Act shall be extended to comprise all species of bird.
3
In this Order —
“the Act” means the Animal Health Act 1981;
“animal” includes any animal and any bird; and
“Divisional Veterinary Officer” means a veterinary inspector appointed as such by the Minister.
4
In this Order, except where the context otherwise requires, distances shall be calculated from the start of the transport of the animals to the place of destination and the calculation of journey times shall include the time taken in loading and unloading the animals.
5
A notice served under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked in writing at any time.
Exemption
2
This Order shall not apply to the transport of pet animals unless in the course of a business or trade.
General provisions on the protection of animals
3
1
No person shall cause or permit an animal to be transported in a way which causes or is likely to cause injury or unnecessary suffering to the animal.
2
No person shall cause or permit the transport of an animal that is unfit by reason of it being a new-born, diseased, infirm, ill, injured or fatigued or having given birth within the preceding 48 hours or being likely to give birth during transport or for any other reason.
3
Notwithstanding the provisions of paragraph (2) above, a bovine, ovine, caprine, porcine or equine animal may be transported to the nearest available place for veterinary treatment or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness, but such an animal may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.
4
No person shall cause or permit a cervine animal in velvet to be transported unless the journey is of 50 km or less and special precautions are taken to protect it from injury and unnecessary suffering.
5
Nothing in this article shall apply to any act lawfully done under the Animals (Scientific Procedures) Act 1986 .
Loading and unloading animals
4
1
No person shall load any animal into or unload any animal out of a vessel, aircraft or vehicle, or cause or permit such loading or unloading, in a way which causes or is likley to cause injury or unnecessary suffering to the animal.
2
Without prejudice to the generality of paragraph (1) above, it shall be the duty of any person in charge of an animal which is being loaded into, unloaded out of or carried in a vessel, aircraft or vehicle, to ensure that the said animal is not, and is not likely to be, caused injury or unnecessary suffering —
a
by reason of inadequately constructed or insecure fittings in that part of the vessel, aircraft or vehicle, or in the receptacle, in which the animal is to be or is being carried;
b
by coming into contact with any fitting or other part of the vessel, aircraft or vehicle which has not been adequately padded or fenced off, or with any other obstruction;
c
from undue exposure to the action of the weather or the sea;
d
from an inadequate supply of fresh air, whether the vessel, aircraft or vehicle is stationary or in motion; or
e
from exposure to undue fluctuations in temperature, humidity or air pressure, or from undue exposure to noise or vibration.
Feeding and watering intervals
5
1
Subject to paragraphs (2), (3) and (4) below, it shall be the duty of any person in charge of an animal which is being transported on a vessel, aircraft, railway or vehicle to ensure that, as suitable to its species —
a
it has been provided with water and appropriate food at an appropriate time before the start of any journey, and
b
at suitable intervals during the journey, it is provided with water, food and rest.
2
In respect of bovine, ovine, caprine, porcine and equine animals the interval between the occasions when rest, food and water are provided in accordance with paragraph (1)(b) above shall not exceed 15 hours.
3
In respect of domestic dogs and cats —
a
the interval between the occasions when food is provided in accordance with paragraph (1)(b) above shall not exceed 24 hours and the interval between the occasions when water is so provided shall not exceed 12 hours, and
b
clear, written instructions on feeding and watering must be given to the persons responsible for feeding and watering them.
4
The provisions of paragraph (1) above shall not apply in the cases of —
a
poultry and rabbits if their transport is completed within 12 hours (disregarding the time taken in loading and unloading), and
b
poultry chicks, if their transport is completed within 72 hours of their being hatched and lasts less than 24 hours.
In this paragraph and in article 9(2) below “poultry” means domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails.
General duties on persons in charge of animal transport undertakings
6
Every person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall —
a
ensure that the animals are entrusted only to persons possessing the knowledge necessary to administer appropriate care to the animals in transport;
b
ensure, in the case of animals travelling unaccompanied, that the consignee is prepared to receive them; and
c
ensure that the animals are transported without delay to their place of destination.
Journey plans
7
1
This article shall apply —
a
in the case of bovine, ovine, caprine, porcine or equine animals, if the journey is likely to exceed 15 hours, and
b
in the case of any other animal, if the journey is likely to exceed 24 hours.
2
The person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall draw up a journey plan, in such form as the Minister may from time to time require, containing the information set out in Schedule 1 to this Order and signed by him or on his behalf, showing —
a
the arrangements, appropriate to their species, for the animals to be rested, fed and watered;
b
if necessary, the arrangements for the animals to be unloaded and given accommodation suitable to their species; and
c
the arrangements for feeding and watering in the event that the planned journey is changed or disrupted.
3
The person in charge of the transport undertaking shall —
a
ensure that during the journey the consignment is accompanied by the journey plan;
b
take all reasonable steps to ensure that the journey plan is adhered to; and
c
take all reasonable steps to ensure that the operator of any resting place specified in the journey plan signs the journey plan to confirm that the animals were rested there in accordance with the journey plan.
4
When the journey is completed, the person who drew up the journey plan shall certify in writing on the journey plan that the journey plan was adhered to during the journey, or, if it was not adhered to, shall certify on the journey plan the extent to which it was adhered to together with full details of any material differences between the journey which took place and the journey plan, and send it within 15 days of completion of the journey to the Divisional Veterinary Officer for the area in which the journey began.
5
The journey plan shall specify the address of each place at which the animals are to be rested, and the person in charge of the transport undertaking shall ensure that transport of the animals is not begun unless reservations have been made at all resting places specified in the journey plan, and that he has received confirmation of the reservations in writing.
6
The person in charge of the transport undertaking shall ensure that a copy of the journey plan is kept for a period of six months from the end of the journey, and shall produce it at the request of an inspector and allow copies to be taken.
7
In the case of a limited company, the journey plan shall be signed by a director of that company or a person within the company nominated by him in writing to act on behalf of the company, and in the case of a partnership shall be signed by one of the partners.
8
Any person making a false certification under this article shall be guilty of an offence against the Act.
Animal transport certificates
8
1
This article shall apply in the case of those journeys which are not required to have a journey plan under article 7 above.
2
Subject to article 9 below, the person in charge of any animal transport undertaking which transports animals in the course of a business or trade shall ensure that during the journey the consignment is accompanied by an animal transport certificate in such form as the Minister may from time to time require, containing the information set out in Schedule 2 to this Order and signed by him or on his behalf.
3
The person in charge of the transport undertaking shall ensure that the animal transport certificate is kept for a period of six months from the end of the journey, and shall produce it at the request of an inspector and allow copies to be taken.
4
In the case of a limited company, the animal transport certificate shall be signed by a director of that company or a person within the company nominated by him in writing to act on behalf of the company, and in the case of a partnership shall be signed by one of the partners.
5
Any person making a false certification under this article shall be guilty of an offence against the Act.
Exceptions
9
1
Where animals of the bovine, ovine, caprine or porcine species or domestic equines are transported —
a
for a distance of 50 km or less, to, from or within land used for agricultural purposes;
b
in a vehicle owned by the owner or occupier of that land; and
c
the vehicle has an internal length of not more than 3.1 metres available for the carriage of animals,
then the following provisions shall not apply —
i
article 8(5) of the Transit of Animals (Road and Rail) Order 1975 (the requirement to protect the animals from the motion of the means of transport);
ii
paragraphs 3 (provision of barriers or straps), 6 (internal ramps and lifting gear) and 11 (protective cover) (so far as the last requires the vehicle to be equipped with suitable overhead protection) of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975; and
iii
the provisions of this Order relating to animal transport certificates.
2
The provisions of this Order relating to animal transport certificates shall not apply to transport of poultry which are transported for a distance of 50 km or less where —
a
the number of poultry so transported is less than 50, or
b
the entire journey is on land occupied by the owner of the poultry.
3
The provisions of this Order relating to animal transport certificates shall not apply to the transport for a distance of 50 km or less of any animal not referred to in paragraphs (1) and (2) above.
IATA and CITES
10
1
No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association.
2
No person shall transport an animal to which the Convention on International Trade in Endangered Species refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals or in compliance with the standards set by the International Air Transport Association.
Travel by sea and air
11
Animals shall not be carried by sea or air if, in the judgement of the master or commander there are grounds for believing that, due to adverse weather conditions, the voyage or flight will be attended by serious risk to the animals of injury, suffering or death.
Other provisions additional to existing welfare legislation
12
In addition to the provisions of Orders made under section 37, 38 or 39 of the Act, it shall be an offence for any person to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 3 to this Order.
Third countries
13
No person shall import any animal from outside the European Union into Great Britain, either for importation into Great Britain or transit through Great Britain, unless he has given a written undertaking to the Divisional Veterinary Officer for the place of importation to comply with the requirements of Council Directive 91/628/ EEC on the protection of animals during transport and has made arrangements to comply with them.
Enforcement
14
1
This Order shall be executed and enforced by the local authority.
2
The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.
Powers of an inspector before transport begins
15
1
Where an inspector considers that an animal intended to be transported in the course of a business or trade is not fit for the intended journey, either because such transport would contravene article 3(2) or (4) of this Order or for any other reason, he may mark or otherwise identify the animal and may by notice served on the person appearing to him to be in charge of the animal —
a
prohibit that transport of the animal, either indefinitely or for a period specified in the notice, giving the reasons for such prohibition, or
b
specify conditions under which the animal may be transported, giving the reasons for such conditions.
2
Where an inspector considers that any person who transports animals in the course of a business or trade is about to transport any animal, or cause any animal to be transported, in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with any of the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, he may by notice served on the person appearing to him to be in charge of the animal —
a
prohibit such transport, either indefinitely or for the period specified in the notice, giving the reasons for such prohibition, or
b
specify conditions under which the animal may be transported, giving the reasons for such conditions.
3
In deciding whether or not the transport of animals is likely to cause injury or is likely in any way to be in breach of the provisions of this Order, if he is an inspector appointed by the Minister, the inspector may take into account any previous failure by the transport undertaking to comply with any of the provisions of this Order or any other Order made under sections 37, 38 or 39 of the Act, and in particular any failure to submit a completed and correct journey plan at the end of any previous transportation of animals, and any failure to comply with that journey plan without good reason.
4
An inspector serving a notice under this article shall send a copy to the transport undertaking at the address shown on the journey plan or animal transport certificate or, if there is no journey plan or certificate, to the head office of the undertaking.
5
It shall be an offence against the Act for any person to remove or deface any mark or other identification applied by an inspector under paragraph (1) above.
Powers of inspectors in the course of transport
16
1
If it is found in the course of transport that any person who transports animals in the course of a business or trade is transporting an animal in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with any of the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, an inspector may by notice served on the person appearing to him to be in charge of the animal require that person to take any action which the inspector considers necessary in order to safeguard the welfare of the animals concerned, giving reasons for such requirement.
2
Without prejudice to the generality of paragraph (1) above, an inspector may in particular —
a
require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;
b
specify conditions under which the animals may be transported;
c
require the animals to be held in suitable accommodation with appropriate care until the problem is solved; or
d
require the humane slaughter of the animals.
3
If any person in charge of the animals fails to comply with the requirements of the notice, the inspector shall have powers to carry out such requirements himself, or cause them to be carried out, and the person in charge of the transport undertaking shall be liable for the cost of such action.
4
An inspector serving a notice under this article shall send a copy to the transport undertaking at the address shown on the journey plan or animal transport certificate or, if there is no journey plan or certificate, to the head office of the undertaking.
Offences by bodies corporate
17
1
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under this Order is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations, amendments and disapplication
18
1
The Welfare of Animals during Transport Order 1992 is hereby revoked.
2
The Transit of Animals (Road and Rail) Order 1975 is hereby amended as follows —
a
In Schedule 2 of that Order, after paragraph 2(1) there shall be inserted the following —
1A
In the case of bulls and boars, the provisions of the preceding subparagraph shall not apply if the animals being transported have been raised in compatible groups or are accustomed to one another, provided that bulls are only carried with other bulls and boars are only carried with other boars.
;
b
Paragraph 4(d) of Schedule 2 of that Order is hereby revoked.
3
The Export of Animals (Protection) Order 1981 shall not apply to the export of animals to another member State of the European Union.
William Waldegrave
Minister of Agriculture, Fisheries and Food
13th December 1994
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
13th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
13th December 1994


text:
Title, extent and commencement
1
1
These Regulations which implement Council Directive 93/54/ EEC may be cited as the Fish Health (Amendment) Regulations 1994, and shall come into force on 1st July 1994.
2
In these Regulations “the principal Regulations ” means the Fish Health Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
Regulation 2 (Interpretation) shall be amended as follows —
a
for the definition of “Directive 91/67/EEC ” there shall be substituted —
“Directive 91/67/EEC ” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products which has been amended by and must be read in accordance with the provisions set out in Schedule 7, Part I;
;
b
after the definition of “Directive 91/67/EEC ” there shall be inserted the following definition —
“Directive 93/53/EEC ” means Council Directive of 24th June 1993 introducing minimum Community measures for the control of certain fish diseases ;
.
Amendment of regulation 3 of the principal Regulations
3
Regulation 3 (placing on the market of aquaculture animals and aquaculture products) shall be amended by adding after paragraph (2) —
3
The provisions of this regulation are without prejudice to the provisions of regulations 4, 5, 9 and 10 of the Diseases of Fish (Control) Regulations 1994 .
.
Amendment of regulation 7 of the principal Regulations
4
Regulation 7 (introduction of live fish, eggs and gametes) shall be amended by adding after paragraph (2) —
3
The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.
.
Regulation 9A
5
After regulation 9 (introduction of live molluscs, eggs and gametes) of the principal Regulations the following shall be added —
9A
1
No person shall introduce into an approved zone or an approved farm any wild fish, molluscs, crustaceans, their eggs or gametes, which have been caught in the deep sea and which are to be used for breeding purposes unless those fish, molluscs, crustaceans, eggs or gametes are first placed in quarantine in suitable facilities and in appropriate conditions to be determined by the Minister.
2
The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.
.
Amendment of regulation 16 of the principal Regulations
6
In paragraph (1) of regulation 16 for the words “The Animals and Animal Products (Import and Export) Regulations 1992” there shall be substituted —
The Animals and Animal Products (Import and Export) Regulations 1993 .
.
Substitution of Schedule 1 to the principal Regulations
7
For Schedule 1 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
8
For Schedule 2 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Substitution of Schedule 3 to the principal Regulations
9
For Schedule 3 there shall be substituted the Schedule set out in Schedule 3 to these Regulations.
Amendment of Schedule 7 to the principal Regulations
10
In Part I of Schedule 7 there shall be inserted the following new heading and provision after the entry relating to “Commission Decision 93/169/EEC ” —
DIRECTIVES AMENDING COUNCIL DIRECTIVE 91/67/EEC
Directive OJ Reference
Council Directive 93/54/EEC of June 1993 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products. OJ No. L 175, 19.7.93, p. 34.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
26th May 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th May 1994


text:
PART I
Citation and commencement
1
These Regulations may be cited as the Local Government (Compensation for Redundancy) Regulations 1994 and shall come into force on 28th December 1994, but regulations 2, 13 and 14 shall have effect from 1st April 1980.
Interpretation
2
1
In these Regulations —
“eligible employee” means —
a pensionable employee; or
a person who would be a pensionable employee but for the fact that his contract of employment is for fewer than 35 weeks per annum.
“employing body” means an employing authority within the meaning of the Local Government Superannuation Regulations 1986 or a county borough council in Wales or the Residuary Body for Wales established by the Local Government (Wales) Act 1994 ;
“the prescribed period” means, in respect of a relevant body in England, a period beginning on the day on which the order under section 17 of the Local Government Act 1992 is made and ending on the expiry of a period of 18 months beginning with the day on which the changes in structure and area enacted by that order have effect, and in respect of a relevant body in Wales, the period beginning 1st January 1996 and ending 31st March 1997;
“relevant body” means in England an authority in respect of whom an order is made under section 17 of the Local Government Act 1992 affecting the structure or area of that authority or, as the case may be, in Wales a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994;
“remuneration” means, in the case of a pensionable employee, his pensionable remuneration and, in the case of an eligible employee who is not a pensionable employee, the remuneration which would have been his pensionable remuneration had he been a pensionable employee during the relevant period;
“the 1982 Regulations ” means the Local Government (Compensation for Premature Retirement) Regulations 1982 ; and
“special service” shall include any period of employment which the employing body is satisfied it would have treated as special service within the meaning of the 1982 Regulations but for the fact that the person concerned was in a qualifying part-time employment as defined in Part IV of Schedule 2 to the Superannuation Regulations which at the time of such period of employment did not render a person eligible to elect to become a pensionable employee.
2
In these Regulations, unless the context otherwise requires, any expression which is also used in the 1982 Regulations has the same meaning as in those Regulations.
PART II
Persons to whom this Part applies
3
This Part applies to an eligible employee who —
a
ceases after the coming into force of these Regulations to hold his employment with an employing body by reason of redundancy or in the interests of the efficient exercise of that body’s functions;
b
is not, in respect of the loss of that employment, entitled to have his case considered for the payment of compensation within the meaning of Part I of Schedule 2 to the 1982 Regulations;
c
on the material date —
i
has attained the age of 18 years but has not attained the age of 50 years and is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years; or
ii
has attained the age of 50 years and is entitled to count reckonable service and qualifying service amounting in aggregate to less than 2 years; and
d
is not a person to whom Part III applies.
Computation of compensation
4
1
An employing body may, within 6 months after the material date, determine to pay compensation under these Regulations to a person to whom this Part applies.
2
The compensation in respect of such a person under this Part shall not exceed the lesser of —
a
a sum equivalent to 66 weeks' remuneration; or
b
the relevant aggregate sum referred to in paragraph (3) or (4).
3
In the case of cessation of employment before the age of 23 the relevant aggregate sum shall be —
a
a sum equivalent to one half week’s remuneration for each complete year of reckonable service on or after attainment of age 18; and
b
where such cessation is on or after the attainment of age 20, a sum equivalent to one half week’s remuneration for each complete year of reckonable service on or after the attainment of age 20.
4
In the case of cessation of employment on or after the attainment of age 23, the relevant aggregate sum shall be —
a
a sum equivalent to two weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18; and
b
where such cessation is on or after the attainment of age 41, a sum equivalent to three weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41.
5
From the total sum payable to a person to whom this Part applies there shall be deducted an amount equivalent to any redundancy payment made to that person.
PART III
Persons to whom this Part applies
5
This Part applies to a person who —
a
ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions; and
b
meets the prescribed conditions.
Prescribed conditions
6
1
The provisions of the next subsequent paragraphs are the prescribed conditions for the purposes of regulation 5.
2
The first condition is that the person is not entitled to have his case considered for the payment of compensation within the meaning of Part I of Schedule 2 to the 1982 Regulations.
3
The second condition is that the person has on the material date —
a
attained the age of 18 years but has not attained the age of 50 years, and is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years; or
b
has attained the age of 50 years.
4
The third condition, which applies only to the case of a person who ceases to be employed by a relevant body in Wales in circumstances under which he is otherwise entitled to payment under these Regulations, is that —
a
where the relevant body is an old authority as defined in section 64(1) of the Local Government (Wales) Act 1994, the body which is the successor, as defined in section 51(2) of that Act, in relation to that relevant body certifies to the relevant body that —
i
the person would otherwise be entitled to payment under these Regulations; and
ii
the loss of employment is attributable to any provision made by or under the Local Government (Wales) Act 1994; or
b
where the relevant body is a county council or county borough council established under section 1 of the Local Government (Wales) Act 1994 or the Residuary Body for Wales established under section 39 of that Act, it certifies that the loss of employment is attributable to any provision made by or under that Act.
Computation of compensation
7
Within 6 months after the material date a relevant body —
a
shall determine to pay the compensation prescribed in regulation 8 to a person who meets the requirements of regulation 8(1);
b
may determine to pay the compensation prescribed in regulation 9 to a person who meets the requirements of regulation 9(1);
c
may determine to pay the compensation prescribed in regulation 10 to a person who meets the requirements of regulation 10(1); and
d
may determine to pay the compensation prescribed in regulation 11 to a person to whom regulation 9 or 10 applies.
General mandatory compensation
8
1
This regulation applies to a person to whom this Part applies and who, on the material date,
a
has attained the age of 18 years but has not attained the age of 50 years and who is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years; or
b
has attained the age of 50 years and who is entitled to count reckonable service and qualifying service amounting in aggregate to less than 2 years.
2
The compensation payable under regulation 7(a) shall not exceed the lesser of —
a
a sum equivalent to 66 weeks' remuneration; or
b
the relevant aggregate sum referred to in paragraphs (3) or (4) of regulation 4.
Discretionary compensation for certain persons
9
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count reckonable service and qualifying service amounting in aggregate to 2 or more but less than 5 years.
2
The compensation which may be payable under regulation 7(b) shall, at the discretion of the relevant body, be —
a
a sum calculated in accordance with paragraphs (3) and (4); or
b
the relevant compensation referred to in paragraph (5).
3
The compensation shall not exceed the lesser of —
a
a sum equivalent to 45 weeks' remuneration; or
b
the relevant aggregate sum referred to in paragraph (4).
4
The relevant aggregate sum shall be —
a
a sum equivalent to one and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18;
b
a sum equivalent to two and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41; and
c
a sum equivalent to one half week’s remuneration.
5
For the purposes of paragraph (2)(b) the relevant compensation is such sum which when aggregated to the compensation payable under paragraph (2)(a) shall not exceed the relevant maximum.
6
For the purposes of paragraph (5), the relevant maximum means the lesser of —
a
a sum equivalent to 66 weeks' remuneration; or
b
the aggregate of —
i
a sum equivalent to 2 weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18; and
ii
a sum equivalent to 3 weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41.
7
No payment shall be made to a person under this regulation unless —
a
the person gives written consent to such payment after receipt of the written notification referred to in regulation 15; and
b
the person waives in writing his right to the immediate payment of benefits under regulation E2(1)(b)(iii) and (4) of the Superannuation Regulations.
Discretionary compensation for certain persons
10
1
This regulation applies to a person to whom this Part applies and who —
a
ceases employment on or after the attainment of age 50; and
b
is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 5 years.
2
The compensation which may be payable under regulation 7(c) to a person shall, at the discretion of the relevant body, be —
a
a sum calculated in accordance with regulation 9(3) and (4); or
b
the relevant compensation referred to in paragraph (3).
3
For the purposes of paragraph (2)(b) the relevant compensation is —
a
such sum which when aggregated to the compensation payable under paragraph (2)(a) shall not exceed the relevant maximum; or
b
the credit allowable under regulation 5(1) of the 1982 Regulations, as abated under regulation 13 of those Regulations.
4
For the purposes of paragraph (3)(a) “relevant maximum” has the meaning given to it in regulation 9(6).
Discretionary compensation
11
1
The compensation which may be payable under regulation 7(d) is such sum which when aggregated to the compensation payable under regulation 9 or 10, as the case may be, shall not exceed the relevant maximum.
2
In paragraph (1) “relevant maximum” has the meaning given to it in regulation 9(6).
Offset of redundancy payment
12
From the total sum payable, other than that part payable under regulation 10(3)(b), to a person to whom this Part applies there shall be deducted an amount equivalent to any redundancy payment made to that person.
PART IV
Persons to whom this Part applies
13
This Part applies to an eligible employee who —
a
ceased on or after 1st April 1980 but before 1st October 1992 to hold his employment with an employing body by reason of redundancy or in the interests of the efficient exercise of that body’s functions;
b
is not, in respect of the loss of that employment, entitled to have his case considered for the payment of compensation within the meaning of Part I of Schedule 2 to the 1982 Regulations; and
c
on the material date —
i
has attained the age of 18 years but has not attained the age of 65 years; and
ii
is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years.
Lump sum compensation
14
1
An employing body may, within 6 months after the date upon which these Regulations come into force, determine to pay compensation under these Regulations to a person to whom this Part applies.
2
Any compensation under this Part shall not exceed a sum calculated by reference to the following formula —
( A × 66 52 ) - B
where —
A is a person’s remuneration, and
B is the amount of any redundancy payment paid to the person in respect of the cessation of his former employment.
PART V
Notification of compensation
15
An employing body or, as the case may be, a relevant body after making a determination in accordance with regulation 4, 7 or 14, shall as soon as reasonably practicable give the person in respect of whom that determination is made, or such other person or persons to whom compensation is payable in accordance with these Regulations, written notification of the compensation payable, and the calculation thereof.
Payment of compensation
16
Subject to any statutory provision in that behalf, any compensation payable under these Regulations shall be paid by the employing body, or as the case may be, the relevant body as soon as practicable after making a determination in accordance with regulation 4, 7 or 14 in the form of a lump sum payment to or in trust for the person entitled to receive the compensation and shall not be assignable or chargeable with his debts or other liabilities.
Amendment of 1982 Regulations
17
Regulation 14(8)(c) of the 1982 Regulations shall be amended by the addition at the end of the following words —
or
iii
any compensation payable in relation to that employment under the Local Government (Compensation for Redundancy) Regulations 1994
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
28th November 1994


text:
1
1
This Order may be cited as the Lothian Region (Electoral Arrangements) Amendment Order 1994.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the said Order shall come into force forthwith.
2
The Schedule to the Lothian Region (Electoral Arrangements) Order 1993 shall be amended by substituting for the paragraph headed “Electoral Division 29: Portobello/Milton” the following paragraph:–
Electoral Division 29 (Portobello/Milton)
Commencing on the northern boundary of Lothian Region and the City of Edinburgh District at the eastern boundary of ED 20 (Lorne/Harbour) near Seafield Sewage Works; then southeastward along the said regional and district boundary to the eastern boundary of the City of Edinburgh District; then southwestward along the said district boundary to the Brunstane Burn; then generally southwestward along the said burn and the Niddrie Burn to Duddingston Park South; then northward along Duddingston Park South to and eastward along Milton Road to Hope Lane; then northward along Hope Lane to where it crosses the Edinburgh to Dunbar railway; then generally northwestward along the Figgate Burn; then continuing northwestward along the said ED 27 boundary to the eastern boundary of ED 28 (links/Restalrig) at Portobello Road; then generally northward along the said ED boundary and the eastern boundary of ED 20 to the point of commencement.
.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
4th February 1994


text:
1
This Order may be cited as the British Transport Police Force Scheme 1963 (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
The British Transport Police Force Scheme 1963 shall be amended in accordance with articles 3 to 8 of this Order.
3
In article 1(a) (DEFINITIONS) —
a
in the definition of “the other Boards”, after the words “public transport undertakings” there shall be inserted “(except other users of the Force)”; and
b
after the definition of “the other Boards” there shall be inserted the following definition —
“other user of the Force” means a person with whom the Railways Board has made an agreement for making the services of the Force available to that person under article 2A of this Scheme;
.
4
After article 2 (BRITISH TRANSPORT POLICE FORCE) there shall be inserted the following —
2A
OTHER USERS OF THE FORCE
a
The Railways Board may make an agreement with any person falling within any class or description of person specified for the purposes of this paragraph in paragraph (b) below for making the services of the Force available to that person for such period, to such extent, and on such terms, as may be specified in the agreement.
b
The classes or descriptions of person specified for the purposes of paragraph (a) above are —
i
any person who is a licence holder within the meaning of Part I of the Railways Act 1993;
ii
any person who has the benefit of a licence exemption within the meaning of that Part of that Act;
iii
any person who has the management of, or carries on an undertaking which includes, or includes the provision of transport services on, one or more of the following —
a
a tramway,
b
a transport system which uses another mode of guided transport,
c
a trolley vehicle system;
not being a person with whom the Railways Board may make an agreement for making the services of the Force available to that person under an enactment other than this article.
c
In paragraph (b)(iii) above “guided transport”, “tramway” and “trolley vehicle syste” have the meaning given by section 67(1) of the Transport and Works Act 1992 .
.
5
In article 3B(c) (REPORTS BY CHIEF CONSTABLE, ETC ) for the words “a chief constable of police” there shall be substituted “a chief officer of police”.
6
In article 4 (BRITISH TRANSPORT POLICE COMMITTEE) —
a
in paragraph (b) at the beginning there shall be inserted “Subject to paragraph (ba) below,”;
b
after paragraph (b) there shall be inserted the following paragraph —
ba
In addition to members appointed under paragraph (b) above, any other user of the Force —
i
which is or has at at any time been a company wholly owned by the Crown within the meaning of the Railways Act 1993, and
ii
which is an operator of a network within the meaning of Part I of that Act,
may appoint one member to the Committee, and where such a user appoints a member to the Committee any reference, in whatever terms, in the succeeding provisions of this article or article 6(a) below to the other Boards which require the services of the Force to be made available to them shall be deemed to include a reference to that user.
;
c
in paragraph (ca)(ii) for the words “Central Transport Consultative Committee” there shall be substituted “Central Rail Users' Consultative Committee established under section 3 of the Railways Act 1993”.
7
For article 5 (EXPENSES OF FORCE) there shall be substituted the following article —
5
EXPENSES OF THE FORCE
a
All expenses relating to the Force shall be borne by the Railways Board but the other Boards shall make such contribution towards those expenses as may be agreed between the Boards from time to time and the Railways Board shall be entitled to recover from the other Boards the amounts of their respective contributions.
b
Any other user of the Force shall pay to the Railways Board such fee, if any, as is provided for (and howsoever such fee is provided for) in the agreement by which the services of the Force are made available to that user by the Railways Board.
.
8
For article 6 (SETTLEMENT OF DISPUTES) there shall be substituted the following article —
6
SETTLEMENT OF DISPUTES
a
If the Boards or the represented Boards (as the case may be) fail to agree upon any matter which is expressed in this Scheme to be the subject of agreement between them the matter shall be determined by the Minister upon the application of any of them after notice to the others and effect shall be given to such determination.
b
Any dispute in relation to the Force which arises between the Railways Board and any other user of the Force shall be determined by the Minister upon the application of either of them after notice to the other and effect shall be given to such determination.
.
9
The text of the British Transport Police Force Scheme 1963, as amended, is set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th March 1994


text:
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Revocation of Activating Orders) Order 1994 and shall come into force on 1st April 1994.
2
The Orders referred to in the Schedule to this Order are hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994


text:
1
These Regulations may be cited as the Airports Slot Allocation (Second Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
In regulation 2(1) of the Airports Slot Allocation Regulations 1993 , in the definition of “the Council Regulation”, for the words “Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 ”.
3
In regulation 2(1) of the Airports Slot Allocation Regulations 1993, after the definition of “the Council Regulation” there shall be inserted the following —
and
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (No.2) Order 1994 and shall come into force on 30th June 1994.
Designation of bodies
2
Each of the following bodies, being a person appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales: Batley Action Limited Brixton City Challenge Company Limited Douglas Valley Partnership Limited Newtown South Aston City Challenge Limited North Kensington City Challenge Company Limited Walsall City Challenge Limited
Restrictions on agreements which may be entered into
3
Agreements which may be entered into by a body by virtue of this Order shall be restricted to agreements with a local authority for the supply of goods or materials, or the provision of administrative, professional or technical services, by that authority to that body, in connection with financial or other assistance given or to be given to that body by any person for the purposes of the regeneration of any part of that authority’s area.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
17th May 1994
John Redwood
Secretary of State for Wales
21st May 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Committees) (Devon and Cornwall) Regulations 1994 and shall come into force on 28th April 1994.
Devon and Cornwall Development Bureau
2
1
In this regulation “the relevant authorities” means the councils of the counties of Devon and Cornwall and the councils of the districts within those counties.
2
To the extent that they are not already so prescribed , the functions of the relevant authorities under section 33 of the Local Government and Housing Act 1989 are hereby prescribed for the purposes of section 13(4)(g) of that Act in so far as they are for the time being delegated —
a
to the joint committee established on 1st April 1985 by the councils of the counties of Devon and Cornwall and of the City of Plymouth, or
b
to any committee appointed in place of that committee by two or more of the relevant authorities, in relation to the promotion of the economic development of Devon and Cornwall.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under-Secretary of StateDepartment of the Environment
28th March 1994


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 1994 and shall come into force on 1st September 1994.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1993 and the Education (School Teachers' Pay and Conditions) Order 1994 are hereby revoked.
Application
2
This Order applies to all school teachers (as defined in sections 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1994” shall have effect from 1st September 1994.
John Patten
Secretary of State for Education
24th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Helens and Knowsley Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 11th February 1994.
2
In this Order —
“the Authority” means the St Helens and Knowsley Health Authority;
“the Trust” means the St Helens and Knowsley Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 11th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
14th January 1994