text:
Citation and commencement
1
1
This Order may be cited as the Greater London and Surrey (County and London Borough Boundaries) Order 1994.
2
This Order shall come into force on 1st December 1994 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1995.
Interpretation
2
In this Order —
“district” includes a borough and a London borough;
“electoral division” means an electoral division of the county of Surrey;
“Kingston” means the royal borough of Kingston upon Thames;
“the map” means one or more of the 15 maps prepared by the Department of the Environment, marked “Maps of the Greater London and Surrey (County and London Borough Boundaries) Order 1994”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Richmond” means the London borough of Richmond upon Thames;
“Surrey” means the county of Surrey, any reference to Epsom is a reference to the Surrey district of Epsom and Ewell, and any reference to Elmbridge or to Mole Valley is a reference to the Surrey district of that name;
“Sutton” means the London borough of Sutton; and “ward” means a ward of the district from or to which an area has been transferred by this Order.
Transfers between Greater London (Kingston) and Surrey (Elmbridge)
3
1
The area which is marked H on map 10 shall cease to form part of the Metropolitan Police District and shall be transferred from Greater London, from Kingston and from the Chessington South ward to —
a
Surrey;
b
Elmbridge;
c
the Claygate ward and the Claygate and Hinchley Wood electoral division; and to
d
the North and East Surrey petty sessional division and the Surrey coroner’s district.
2
The areas which are marked B on map 9 and B, C and D on map 11 shall cease to form part of the Metropolitan Police District and shall be transferred from Greater London, from Kingston and from the Surbiton Hill ward to
a
Surrey;
b
Elmbridge;
c
the Long Ditton ward and the Dittons electoral division; and to
d
the North and East Surrey petty sessional division and the Surrey coroner’s district.
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Surrey, from Elmbridge and from the ward named in column 3 to
a
Greater London;
b
Kingston;
c
the ward named in column 4;
d
the Kingston upon Thames petty sessional area and the Western London coroner’s district; and to
e
the Metropolitan Police District.
Table
(1) (2) (3) (4) Area marked — On map Transferred from Surrey, from Elmbridge, and from the following ward — To Greater London, to Kingston, and to the following ward —
G 10 Claygate Hook F 10 Long Ditton Hook A 11 Long Ditton St. Mark's A, C and D 9 Long Ditton Surbiton Hill E 9 and 10 Long Ditton Tolworth West
Transfers between Surrey (Epsom) and Greater London (Kingston)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall cease to form part of the Metropolitan Police District and shall be transferred from Greater London, from Kingston and from the ward named in column 3 to
a
Surrey;
b
Epsom;
c
the ward and electoral division mentioned in column 4; and to
d
the North and East Surrey petty sessional division and the Surrey coroner’s district.
Table
(1) (2) (3) (4) Area marked — On map — Transferred fromGreater London, from Kingston and from the following ward — To Surrey, to Epsom, and to —
E 5 Chessington North
Ewell Court ward
Epsom and Ewell North electoral division
G, H, K, M, P, R, S, U and W 6 Chessington North
Ruxley ward
Epsom and Ewell West electoral division
B1 and Z 6 Chessington South Ruxley ward
D1
F1, H1, K1 N1, Q1, S1 V1, W1, and A2
6 and 7
7
Epsom and Ewell West electoral division A and B 3 Maiden Manor
Cuddington ward
Epsom and Ewell North electoral division
A, C and D 5 Tolworth East
Cuddington ward
Epsom and Ewell North electoral division
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Surrey, from Epsom and from the ward named in column 3 to
a
Greater London;
b
Kingston;
c
the ward named in column 4;
d
the Kingston upon Thames petty sessional division and the Western London coroner’s district; and to
e
the Metropolitan Police District.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Surrey, from Epsom, and from the following ward — To Greater London, to Kingston, and to the following ward —
B 5 Cuddington Tolworth East
F
J, L, N, Q, T, V and X
5 and 6
6
Ruxley Chessington North
Y, A1 and C1
E1, G1, J1, L1, M1, P1, R1, T1, U1, X1, Y1, Z1 and B2
6
7
Ruxley Chessington South
Transfers between Greater London (Kingston) and Surrey (Mole Valley)
5
1
The area which is marked A on map 8 shall cease to form part of the Metropolitan Police District and shall be transferred from Greater London, from Kingston and from the Chessington South ward to
a
Surrey;
b
Mole Valley;
c
the Leatherhead North ward and the Leatherhead and Fetcham East electoral division; and to
d
the South East Surrey petty sessional division and the Surrey coroner’s district.
2
The area which is marked B on map 8 shall be transferred from Surrey, from Mole Valley and from the Leatherhead North ward to
a
Greater London;
b
Kingston;
c
the Chessington South ward;
d
the Kingston upon Thames petty sessional division the Western London coroner’s district; and to
e
the Metropolitan Police District.
Transfers between Greater London (Sutton) and Surrey (Epsom)
6
1
The areas which are marked D and E on map 4 shall cease to form part of the Metropolitan Police District and shall be transferred from Greater London, from Sutton and from the Worcester Park South ward to
a
Surrey;
b
Epsom;
c
the Stoneleigh ward and the Epsom and Ewell North East electoral division; and to
d
the North and East Surrey petty sessional division and the Surrey coroner’s district.
2
The area which is marked F on map 4 shall be transferred from Surrey, from Epsom and from the Nonsuch ward to
a
Greater London;
b
Sutton;
c
the Cheam West ward;
d
the Sutton petty sessional division and the Southern London coroner’s district; and to
e
the Metropolitan Police District.
3
The areas which are marked A, B and C on map 4 shall be transferred from Surrey, from Epsom and from the Stoneleigh ward to
a
Greater London;
b
Sutton;
c
the Worcester Park South ward;
d
the Surrey petty sessional division and the Southern London coroner’s district; and to
e
the Metropolitan Police District.
Transfers within Greater London between Kingston and Richmond
7
1
The areas which are part of Tudor ward marked A and C on map 12, F, G, K and N on map 13, and the area which is part of Coombe ward marked P on map 14 shall transfer from Kingston to Richmond, to the Ham and Petersham ward and to the Richmond upon Thames petty sessional division.
2
The areas which are marked B and D on map 12, E, H, J, L and M on map 13 shall be transferred from Richmond and from the Ham and Petersham ward to Kingston, to the Tudor ward and to the Kingston upon Thames petty sessional division.The area marked A on map 15 shall be transferred from Richmond and from the Ham and Petersham ward to Kingston, to Coombe ward and to the Kingston upon Thames petty sessional division.
Transfers within Greater London between Kingston and Sutton
8
1
The areas which are marked A on map 1 and A, B and C on map 2 shall be transferred from Kingston, and from the Malden Manor ward to Sutton, to the Worcester Park North ward, and to the Sutton petty sessional division and the Southern London coroner’s district.
2
The area marked D on map 2 shall be transferred from Sutton, and from the Worcester Park North ward to Kingston, to the Malden Manor ward, to the Kingston upon Thames petty sessional division and the Western London coroner’s district.
Town and country planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Application of the Local Government Area Changes Regulations Green Lane Primary School
10
Notwithstanding the transfer of area A on map 1 from Kingston to Sutton, regulation 62 (Property, liabilities, contracts, etc.notices and proceedings) of the Local Government Area Changes Regulations 1976 shall not apply to the Green Lane Primary School or to any part of its site.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
15th February 1994


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Social Security (Incapacity for Work) Act 1994 (Commencement) Order 1994.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security (Incapacity for Work) Act 1994.
Appointed days
2
1
The day appointed for the coming into force of the sections specified in Part I of the Schedule to this Order is 18th November 1994.
2
The day appointed for the coming into force of the sections specified in Part II of the Schedule to this Order —
a
for the purpose only of authorising the making of regulations expressed to come into force on 13th April 1995, is 18th November 1994; and
b
for all other purposes, is 13th April 1995.
3
The day appointed for the coming into force of the section specified in Part III of the Schedule to this Order is 6th April 1995.
4
The day appointed for the coming into force of the sections and Schedules specified in Part IV of the Schedule to this Order is 13th April 1995.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
17th November 1994


text:
Citation and commencement
1
1
This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No. 1 and Transitional Provisions) Order 1994.
2
This Order shall come into force on 8th August 1994.
Interpretation
2
1
In this Order–
“the 1964 Act ” means the Police Act 1964 ;
“the 1994 Act ” means the Police and Magistrates' Courts Act 1994, and
“the new police authorities” means the police authorities to be established under section 3 of the 1964 Act (as substituted by section 2 of the 1994 Act) and “the old police authorities” means the police authorities which they are to supersede.
2
In this Order the period of co–existence of an old and new police authority is the period–
a
beginning with the date on which a new police authority comes into existence or 1st October 1994, whichever is the later, and
b
ending immediately before 1st April 1995.
3
For the purposes of this Order, a new police authority shall be deemed to come into existence when appointments to it have been made under paragraph 5 of Schedule 1B to the 1964 Act .
Commencement on 8th August 1994
3
1
The provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 8th August 1994.
2
The provisions referred to in paragraph (1) above are–
a
section 18 (regulations for police forces), except to the extent that subsection (3) inserts a new subsection (3) into section 33 of the 1964 Act;
b
section 41 (metropolitan police: assistant commissioners);
c
section 46 (interpretation of Part I);
d
section 52(1) and (3) (regulations for police forces) to the extent only that those subsections insert a new subsection (2B) in section 26 of the Police (Scotland) Act 1967 ;
e
section 65 (interpretation of Part II);
f
section 93 (repeals) so far as it relates to the entries referred to in sub–paragraph (g) below, and
g
in Part I of Schedule 9 (repeals: police), the entries in respect of–
i
the Metropolitan Police Act 1856 ;
ii
section 33(5) of the 1964 Act; and
iii
the Drug Trafficking Offences Act 1986 .
Commencement on 8th August 1994 for certain purposes only
4
1
Subject to the modifications set out in paragraphs (3) to (6) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 8th August 1994 for the purposes of–
a
the appointment, as soon as practicable thereafter, of members of the new police authorities, and
b
any provision which applies (by virtue of articles 5 to 7 below) to a new police authority which has come into existence.
2
The provisions referred to in paragraph (1) above are–
a
section 1 (police areas);
b
section 2 (police forces and police authorities), to the extent only that it substitutes a new section 3 of the 1964 Act;
c
section 3 (membership of police authorities);
d
section 44 (minor and consequential amendments), so far as it relates to paragraphs 5 and 15 of Schedule 5;
e
section 93 (repeals) so far as it relates to the entry referred to in sub–paragraph (h) below;
f
Schedules 1 (Schedule to be inserted in 1964 Act: police areas) and 2 (Schedules to be inserted in 1964 Act: police authorities);
g
paragraphs 5 and 15 of Part I of Schedule 5 (minor and consequential amendments to the 1964 Act), and
h
in Part I of Schedule 9 (repeals), the entry in respect of section 25(5) of the 1964 Act.
3
Nothing in paragraph (1) above shall prejudice the continued operation of the enactments amended by the provisions listed in paragraph (2) above as respects the old police authorities at any time before the expiry of the period of co–existence.
4
In determining the period of a term of years for the purpose of paragraph 17 (term of appointment of members of a police authority) of Schedule 1B to the 1964 Act , any period as a member of a new police authority prior to 1st April 1995 shall be disregarded.
5
The functions conferred by–
a
paragraph 26 (reimbursement of expenses and allowances) of Schedule 1B to the 1964 Act, and
b
paragraph 7 (reimbursement of expenses and allowances) of Schedule 1C to the 1964 Act ,
shall, during the period before the new police authorities come into existence, be performed by the old police authorities; but a new police authority shall, as soon as practicable after it comes into existence, reimburse the old police authority in respect of the payments made under paragraph 26(1) of Schedule 1B to the 1964 Act and paragraph 7(1) of Schedule 1C to that Act (as modified by this paragraph) and such reasonable expenses as were necessarily incurred by the old police authority under paragraph 7(2) of Schedule 1C (as so modified).
6
Schedule 1B to the 1964 Act shall have effect as if there was inserted after paragraph 24 the following:
24A
1
The first meeting of a police authority shall be–
a
held within twenty–one days after appointments to it have been made under paragraph 5 of this Schedule, and
b
treated as being the annual meeting of the authority in the year in which it is held.
2
The provisions of article 8 of the Police and Magistrates' Courts Act 1994 (Commencement No. 1 and Transitional Provisions) Order 1994 shall have effect in relation to the first meeting of a police authority.
.
Commencement on 1st October 1994
5
1
Subject to paragraph (3) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 1st October 1994.
2
The provisions referred to in paragraph (1) above are–
a
section 14 (alteration of police areas) in so far as it substitutes new sections 21A and 21C in the 1964 Act;
b
section 22 (assistant inspectors and staff officers);
c
section 25 (acceptance of gifts and loans);
d
section 32 (initial financing of new police authorities);
e
section 33 (validation of past grants);
f
section 39 (police areas in England: alterations under Local Government Act 1992), except subsections (2) and (3);
g
section 42 (application of Firearms Act 1968 to civilian staff);
h
section 44 (minor and consequential amendments), so far as it relates to paragraphs 10(1) and (3), 16 and 21 of Schedule 5;
i
section 93 (repeals) so far as it relates to the entries referred to in sub–paragraph (m) below;
j
paragraph 10(1) and (3) (amendment of section 43 of the 1964 Act) of Schedule 5;
k
paragraph 16 (amendment of section 90 of the Offices, Shops and Railway Premises Act 1963 ) of Schedule 5;
l
paragraph 21 (amendment of section 1 of the Police Negotiating Board Act 1980 ) of Schedule 5, and
m
in Part I of Schedule 9 (repeals) the entries in respect of–
i
the Licensing Act 1902
ii
the Police Negotiating Board Act 1980, and
iii
section 30(2) of the Local Government Act 1985 .
3
The coming into force of section 32 of the 1994 Act shall have effect only in respect of new police authorities which have come into existence.
Commencement on 1st October 1994 for certain purposes only
6
1
Subject to the modifications set out in paragraphs (3) to (6) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 1st October 1994 for the purpose of the exercise, during the period of co–existence, of the functions conferred by those provisions (as so modified)–
a
by any new police authority which has come into existence, and
b
by the Secretary of State in relation to any such police authority.
2
The provisions referred to in paragraph (1) above are–
a
section 4 (functions of police authorities), except to the extent that it substitutes a new section 4(1) of the 1964 Act and inserts a new section 4C of that Act;
b
sections 8 (police fund), 10 (civilian employees) and 11 (appointment of officers);
c
section 15 (functions of Secretary of State), except to the extent that it substitutes a new section 28D of the 1964 Act;
d
sections 16 (reports from police authorities) and 31 (financial administration);
e
section 43 (application to police authorities of enactments relating to local authorities etc. ), except in so far as it relates to paragraphs 1 to 4, 15(2) and 42 of Schedule 4;
f
section 45 (application of certain provisions to new police authorities), and
g
Schedule 4 (application to police authorities of enactments relating to local authorities etc.) except paragraphs 1 to 4, 15(2) and 42.
3
Section 4A(3)(b) of the 1964 Act, as substituted by section 4 of the 1994 Act, shall have effect as if it referred to the views obtained under section 106 of the Police and Criminal Evidence Act 1984 by the old police authority.
4
Section 28A(2) of the 1964 Act, as inserted by section 15 of the 1994 Act, shall not apply.
5
In the amendment made by paragraph 38 of Schedule 4 to the 1994 Act to section 21 of the Local Government and Housing Act 1989 (interpretation of Part I of that Act) before the words “a police authority” there shall be inserted “except in section 20 above”.
6
Nothing in paragraph (1) above shall prejudice the continued operation of the enactments amended by the provisions listed in paragraph (2) above as respects the old police authorities at any time before the expiry of the period of co–existence.
Commencement of financial provisions on 1st November 1994
7
1
Subject to paragraphs (3) and (4) below, the provisions of the 1994 Act which are listed in paragraph (2) below shall come into force on 1st November 1994 for the purposes of any financial year beginning on or after 1st April 1995.
2
The provisions referred to in paragraph (1) above are–
a
section 17 (police grant and other grants);
b
section 27 (precepts); and
c
section 28 (approval of decisions about precepts).
3
In section 39(1)(b) of the Local Government Finance Act 1992 , as amended by section 27 of the 1994 Act, the reference to “a police authority established under section 3 of the Police Act 1964” shall apply only to a new police authority which has come into existence.
4
For the purposes of any financial year beginning on or after 1st April 1995, the functions conferred by Chapter IV of Part I of the Local Government Finance Act 1992 shall not be exercised by an old police authority.
First meeting of new authorities
8
1
The first meeting of a new police authority shall be convened, and held at a place appointed, by the proper officer of the old police authority.
2
Notice of the meeting shall be published at the place where the meeting is to be held and summonses to attend the meeting shall be signed by the proper officer of the old police authority.
3
Until completion of the election of a chairman at the meeting, the functions falling to be exercised by the chairman shall be exercised by a member of the new police authority chosen by the members of that authority present at the meeting.
4
At the meeting the proper officer of the old police authority shall exercise any functions falling to be exercised by the proper officer of the new police authority in relation to the meeting.
5
The standing orders for the regulation of the proceedings and business of the old police authority shall, as far as practicable, apply at the meeting.
6
The new police authority shall, as soon as practicable after the expenses were incurred, reimburse the old police authority in respect of such reasonable expenses as were necessarily incurred by the old police authority under this article.
7
In this article references to the proper officer of the old police authority are references to the officer whose duty it is to summon meetings of that authority.
John Redwood
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1994


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Farm and Conservation Grant (Amendment) Regulations 1994 and shall come into force on 30th November 1994.
2
In these Regulations —
a
“the principal Regulations ” means the Farm and Conservation Grant Regulations 1991 ;
b
“the appropriate Minister” has the same meaning as in regulation 2(1) of the principal Regulations.
Savings
2
Regulation 4 below shall not apply to —
a
any improvement plan approved under the principal Regulations before 30th November 1994; or
b
any request for the variation of such a plan or any application for approval of an improvement plan, received before that date by the appropriate Minister,
and that provision of these Regulations shall not affect the operation of the principal Regulations in relation to any such plan, request or application.
Amendment of the principal Regulations
3
The principal Regulations shall be further amended in accordance with regulation 4 below.
4
In Schedule 1 (“ELIGIBLE AGRICULTURAL WORKS, FACILITIES AND TRANSACTIONS AND RATES OF GRANT”) paragraph 1(b) shall be deleted.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th November 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd November 1994


text:
Citation and commencement
1
This Order may be cited as the A13 Trunk Road (Tower Hamlets) (Bus Lanes) Traffic Order 1994 and shall come into force on 14th November 1994.
General interpretation
2
In this Order:
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“enactment” includes any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“local service” has the same meaning given in section 2 of the Transport Act 1985
“pedestrian crossing” means an area comprising a crossing for foot passengers marked on a road in accordance with regulations made under section 25 of the Road Traffic Regulation Act 1984 and all parts of the road indicated in accordance with such regulations as being within the limits of the crossing;
“Schedule” means the Schedule to this Order;
and the expressions “pedal cycle”, “scheduled express service”, “school bus” and “works bus” have the same meaning as in the Traffic Signs Regulations 1994 .
Interpretation of references to a bus lane, a length of road and associated expressions
3
1
In this Order, “bus lane” means the area bounded by–
a
the relevant edge of the carriageway of a length of road specified in the Schedule; and
b
a traffic sign consisting of a longitudinal single white line on the same side of the road as that edge (such a white line being referred to in this Order, in relation to a bus lane, as “the single white line”);
and extending along the whole of that length of road.
2
Without prejudice to the generality of paragraph (1) above, where the single white line marking the boundary of a bus lane is broken by a gap opposite and adjacent to the junction of such a length of road with any other road or at a pedestrian crossing, the boundary shall nevertheless be regarded as continuing unbroken.
3
In this Order–
a
a reference to a length of road specified in the Schedule is a reference to a length of road described in a single paragraph of the Schedule;
b
a reference to the relevant edge of the carriageway, in relation to a length of road described in a paragraph of the Schedule, is a reference to the edge on the side of the road indicated by the Schedule; and
c
a reference to an adjacent part of the road, in relation to a bus lane, is a reference to an area that is not within the bus lane but is within the carriageway of the length of road which comprises the bus lane.
Application
4
This Order applies to the lengths of road in the London Borough of Tower Hamlets specified in the Schedule.
Restriction on use of bus lanes
5
No person shall cause or permit any vehicle to enter or proceed in a bus lane comprised in a length of road specified in the Schedule between 0700 hours and 1900 hours on Mondays to Saturdays inclusive.
Exemptions relating to classes of vehicles and vehicles being used for certain purposes
6
1
Article 5 does not apply to–
a
a public service vehicle used in the provision of a local service or a scheduled express service;
b
a school bus or a works bus;
c
any other vehicle constructed or adapted to carry more than 11 passengers;
d
a pedal cycle;
e
a licensed cab;
f
a vehicle being used for ambulance, fire brigade or police purposes if the observance of any provision of this Order would hinder the use of the vehicle for the purpose for which it is being used on that occasion;
g
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane.
2
Article 5 does not apply to a vehicle being used in connection with–
a
any building operation or demolition;
b
the removal of any obstruction to traffic;
c
the maintenance, improvement or reconstruction of any road;
d
the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 in or near any road; or
e
the placing, maintenance or removal of any traffic sign;
provided that in all the circumstances it is necessary for the vehicle to enter a bus lane.
Exemptions relating to crossing and turning traffic
7
A person who causes or permits a vehicle to enter a bus lane shall not contravene article 5 if–
a
the vehicle enters a bus lane from a road which does not comprise the bus lane and then forthwith leaves the bus lane through the gap in the single white line situated opposite and adjacent to the junction of that road with a bus lane, or if there is no such gap, at a point opposite that road;
b
the vehicle enters the bus lane from an adjacent part of the road through any gap in the single white line and then forthwith enters a road which lies opposite that gap;
c
in a case where there is no gap in the single white line opposite and adjacent to the junction between the bus lane and a road which does not comprise the bus lane (“the other road”), the vehicle enters the bus lane from an adjacent part of the road which comprises the bus lane and then forthwith enters the other road;
d
the vehicle enters the bus lane from any vehicular accessway or crossing over the footway adjoining the bus lane and forthwith leaves the bus lane at a point opposite that vehicular accessway or crossing; or
e
the vehicle enters the bus lane from an adjacent part of the road at a point opposite any vehicular accessway or crossing over the footway adjoining a bus lane and then forthwith enters that vehicular accessway or crossing.
Exemptions in other circumstances
8
1
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so for the sole purpose of enabling a person suffering from any disability or injury (including blindness) which seriously impairs his ability to walk, to board or alight from that vehicle and the vehicle does not remain in the bus lane for longer than necessary for that purpose.
2
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so–
a
in order to prevent an accident and the vehicle then leaves the bus lane as soon as practicable;
b
because he is required by law to stop and the vehicle then leaves the bus lane as soon as practicable;
c
in order to deliver postal packets addressed to premises adjacent to the bus lane; or
d
in order to collect postal packets from such premises or post office letter boxes adjacent to the bus lane.
3
Article 5 of this Order does not apply to anything done–
a
with the permission or at the direction of a constable in uniform or of a traffic warden, or
b
in accordance with any indication given by a traffic sign which has been placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Savings relating to other enactments
9
The prohibitions imposed by this Order are in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.
Variation and Revocation
10
1
The Tower Hamlets (Bus Lanes) (No.2) Traffic Order 1985 shall be varied as follows.
2
In the Schedule, paragraph 2 shall be omitted.
11
The Tower Hamlets (Bus Lanes) (No.1) Traffic Order 1985 is hereby revoked.
Signed by authority of the Secretary of State for Transport
P.J. Bevis
A Grade 6 Officer Highways Agency London Office
7th November 1994


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1994 and shall come into force on 15th April 1994.
Application
2
This Order applies to all school teachers (as defined in the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1993 is amended with effect from 1st April 1994 as follows:
a
the following shall be substituted for the table in paragraph 4:
Spine Point £
1 23,055 2 23,430 3 23,811 4 24,186 5 24,567 6 24,942 7 25,323 8 25,695 9 26,079 10 26,457 11 26,832 12 27,210 13 27,585 14 27,969 15 28,344 16 28,722 17 29,097 18 29,481 19 29,856 20 30,234 21 30,741 22 31,239 23 31,743 24 32,250 25 32,754 26 33,255 27 33,759 28 34,266 29 34,770 30 35,403 31 36,030 32 36,657 33 37,287 34 37,923 35 38,550 36 39,180 37 39,810 38 40,692 39 41,571 40 42,456 41 43,335 42 44,214 43 45,102 44 45,981 45 46,860 46 47,745 47 48,627 48 49,509 49 50,391 50 51,270 51 52,152
;
b
the following shall be substituted for the table in paragraph 5(1) and the footnote thereto:
Headteachers
Group Spine Point Range £
1 3 — 15 ; 23,811 — 28,344 2 1(S) 8 — 22 25,695 — 31,239 3 2(S) 15 — 29 28,344 — 34,770 4 3(S) 23 — 37 31,743 — 39,810 5 4(S) 31 — 44 36,030 — 45,981 6 38 — 51 40,692 — 52,152
Deputy Headteachers
Group Spine Point Range £
(17)
Old group 1 schools not to go beyond point 8 other than in exceptional circumstances
1 1 — 8 23,055 — 25,695 2 1(S) 2 — 10 23,430 — 26,457 3 2(S) 4 — 13 24,186 — 27,585 4 3(S) 8 — 20 25,695 — 30,234 5 4(S) 15 — 26 28,344 — 33,255 6 22 — 34 31,239 — 37,923
;
c
the following shall be substituted for the table in paragraph 6(1):
Spine Point £
0 11,571 1 12,264 2 12,999 3 13,779 4 14,607 5 15,480 6 16,410 7 17,394 8 18,438 9 19,614 10 20,832 11 22,068 12 23,832 13 25,419 14 27,450 15 28,683 16 29,976 17 31,323
;
d
the following shall be substituted for the table in paragraph 8(1):
U1 U2 U3 Annual Salary £ £ £
9,834 9,834 10,707
U4 Scale Point Annual Salary £
1 9,834 2 10,275 3 10,707 4 11,148 5 11,595 6 12,033 7 12,474 8 13,503 9 14,670 10 15,552
;
e
in paragraph 9 —
i
in sub-paragraph (1)(a), for “£966” there shall be substituted “£993”; and
ii
in sub-paragraph (1)(b), for “£1,284” there shall be substituted “£1,320”;
f
in paragraph 10, for “£984” there shall be substituted “£1,014”; and
g
in paragraph 18 —
i
in sub-paragraph 1(a), for “£1,845” there shall be substituted “£1,899”;
ii
in sub-paragraph 1(b), for “£1,212” there shall be substituted “£1,248”; and
iii
in sub-paragraph 1(c), for “£471” there shall be substituted “£486”.
John Patten
Secretary of State for Education
23rd March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations “the principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (definitions)
a
after the definition of “claimant” the following definition shall be inserted —
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister or partner of any of the preceding persons;
;
b
for the definition of “responsible member” the following definition shall be substituted —
“responsible person” is to be construed in accordance with regulation 7(1)(b);
.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7 of the principal Regulations (entitlement to funeral expenses) —
a
for sub-paragraph (1)(b) there shall be substituted the following sub-paragraph —
b
the claimant (in this Part of these Regulations referred to as “the responsible person”) accepts responsibility for the costs of a funeral and —
i
the responsible person was the partner of the deceased; or
ii
where the responsible person or that person’s partner was a close relative of the deceased, it is reasonable for the responsible person to accept responsibility for those costs and there is no other person who was equally or more closely related to the deceased whom, on comparing that other person’s income and capital with that of the responsible person and taking account of the nature and extent of that other person’s contact with the deceased, it is reasonable to expect to meet those costs; or
iii
where neither head (i) nor (ii) applies, it is reasonable in view of the extent of the responsible person’s or partner’s acquaintanceship with the deceased for that person to accept responsibility for those costs; and
;
b
in paragraph (2) for the words “responsible member” each time they appear there shall be substituted the words “responsible person”.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8 of the principal Regulations (deductions from an award of a funeral payment) for the words “responsible member” each time they appear there shall be substituted the words “responsible person”.
Signed by authority of the Secretary of State for Social Security 2nd March 1994
Nicholas Scott
Minister of State,
Department of Social Security


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant) (Henrietta Barnett School) Regulations 1994 and shall come into force on 28th February 1994.
2
In these Regulations“grant” means a grant in pursuance of these Regulations;
“the governing body” means the governing body of Henrietta Barnett school;
“approved expenditure” means expenditure which is approved by the Secretary of State for the purposes of the payment of grant.
Payment of grant
2
1
The Secretary of State may pay grants of such amounts as he may determine to the governing body in respect of approved expenditure incurred or to be incurred by them for any of the following purposes
a
obtaining legal advice, assistance or representation, or
b
discharging any liability incurred by them in respect of the costs of, or compensation to, any party to any legal proceedings instituted, in connection with written notice dated 18th March 1993 terminating the Henrietta Barnett school’s right to use and occupy all or any part of the premises of the Hampstead Garden Suburb Institute.
2
Payments under these Regulations shall be made at such times and in such instalments as the Secretary of State considers appropriate.
Conditions of payment
3
The making of payments of grant shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State in the case in question.
Requirements to be observed
4
1
Where grant is paid under these Regulations the governing body shall comply with such requirements (including requirements as to the repayment of grant and the payment of interest on sums due) as may be specified by the Secretary of State in the case in question.
2
Without prejudice to the generality of paragraph (1) above, when grant is paid the governing body shall
a
where the payment is in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof;
b
keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require;
c
open to the inspection of the Comptroller and Auditor General the records and accounts kept pursuant to the requirements imposed under sub-paragraph (b) above.
John Patten
Secretary of State for Education
31st January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derby City General Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the Southern Derbyshire Health Authority;
“the Trust” means the Derby City General Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 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
16th May 1994


text:
Citation and commencement
1
This Order may be cited as the Weights and Measures (Metrication) (Miscellaneous Goods) (Amendment) Order 1994 and shall come into force on the day after the day on which it is made.
Amendments to be made in 1995
2
On 1st October 1995 the Orders specified in the Schedule to this Order shall be amended in the manner specified in that Schedule.
Ferrers
Minister of State for Consumer Affairs and Small Firms,
Department of Trade and Industry
6th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chelsea and Westminster Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Chelsea and Westminster 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 Chelsea and Westminster 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 to own and manage hospital accommodation and services provided at Chelsea and Westminster Hospital, 369 Fulham Road, London SW10 9NH, and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the 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 North West Thames Regional 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 premises to the trust.
2
The North West Thames Regional 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 North West Thames Regional 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
21st March 1994


text:
1
These Regulations may be cited as the Council Tax (Situation and Valuation of Dwellings) (Amendment) Regulations 1994 and shall come into force on 11th July 1994.
2
The Council Tax (Situation and Valuation of Dwellings) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Dwellings within the area of more than one billing authority
3
In regulation 3, there shall be substituted for paragraph (3) the following paragraphs–
3
Where a dwelling is a composite hereditament or is part of a single property which is a composite hereditament, each such dwelling shall be treated, for the purposes of Part I of the Act, as situated in the area in which–
a
in a case where the hereditament in question is wholly exempt from local non-domestic rating for the purposes of Part III of the 1988 Act, the part of the hereditament having a domestic use of greater value than any other part is situated; or
b
in any other case, the composite hereditament is treated as situated for the purposes of Part III of the 1988 Act.
4
Where for the purposes of paragraph (3)(a) above, no part of the hereditament can reasonably be ascertained to have a domestic use of greater value than any other, the area within which the dwelling is to be treated as situated shall be determined by agreement between the billing authorities within whose areas the several parts of the hereditament are situated or, failing such agreement, by lot between those authorities.
.
Valuation of dwellings: general
4
In regulation 6–
a
in sub-paragraph (d) of paragraph (2), for “paragraph (3)” there shall be substituted “paragraph (3) or (3A)”;
b
after paragraph (3), there shall be inserted the following paragraph–
3A
In the case of a valuation carried out for the purposes of an alteration to correct an inaccuracy in a list which arose–
a
in the course of making a previous alteration which resulted from a material reduction in the value of the dwelling, or
b
since the date of such an alteration by reason of an alteration which was the next alteration to be made and was neither the result of a material reduction in the value of the dwelling nor the occurrence of any of the events described in paragraph (5B) below,
it shall be assumed that the physical state of the locality of the dwelling, and the size, layout and character of the dwelling are the same as on the dates which were applicable in respect of the previous alteration in accordance with paragraph (3) above.
;
c
in paragraph (5), there shall be deleted the definition of “relevant date”;
d
after paragraph (5), there shall be inserted the following paragraphs–
5A
In paragraph (2), “relevant date” means–
a
in the case of a valuation carried out for the purposes of an alteration to correct an inaccuracy in the valuation list on the day it was compiled, 1st April 1993;
b
in the case of a valuation carried out for the purposes of an alteration of the valuation list resulting from the occurrence of one or more of the events described in paragraph (5B) below, the day the alteration would have effect;
c
in the case of a valuation carried out for the purposes of an alteration to correct an inaccuracy in a list which arose–
i
in the course of making a previous alteration which resulted from the occurrence of one or more of the events described in paragraph (5B) below, or
ii
since the date of such an alteration by reason of an alteration which was the next alteration to be made and was neither the result of a material reduction in the value of the dwelling nor the occurrence of any of the events described in paragraph (5B) below,
the day applicable in respect of the previous alteration in accordance with sub-paragraph (b) above;
d
in the case of a valuation carried out for the purposes of an alteration to correct an inaccuracy in a list (other than a valuation to which one of the foregoing provisions of this paragraph applies), 1st April 1993;
e
in any other case, the day on which the valuation is made.
5B
The events referred to in paragraphs (3A) and (5A) are that–
a
there has been a material increase in the value of the dwelling and a relevant transaction has been subsequently carried out in relation to the whole or any part of it; or
b
the dwelling has become or ceased to be a composite hereditament for the purposes of Part III of the 1988 Act; or
c
in the case of a dwelling which continues to be a composite hereditament, there has been an increase or reduction in its domestic use; or
d
the dwelling has come into existence.
.
Signed by authority of the Secretary of State for the Environment 2nd July 1994
David Curry
Minister of State,
Department of the Environment
John Redwood
Secretary of State for Wales
2nd July 1994


text:
Citation and commencement
1
This Order may be cited as the Docks and Harbours (Rateable Values) (Amendment) Order 1994 and shall come into force on the day after the day on which it is made.
Amendments to the 1989 Order.
2
1
Subject to article 3, with effect from 1st April 1995, the Docks and Harbours (Rateable Values) Order 1989 shall be amended in accordance with the following paragraphs.
2
In article 2 —
a
at the beginning, insert “(1)”;
b
in the definition of “adjusted income”, for “1987”, substitute “1992”;
c
in the definition of “relevant income”, insert, after “means”, “,subject to paragraph (2),”; and
d
at the end, insert,
2
In relation to the Port of London Authority (the “Authority”) and Port of Tilbury London Limited (the “company”) in respect of the year beginning on 1st April 1995, the reference to “income” in the definition of “relevant income” in paragraph (1) shall be taken as a reference to that part of the income of the undertaking of the Authority for the accounting period of twelve months ending on 31st December 1992 which, if the undertakings of the Authority and the company as constituted immediately after the transfer confirmed by the Port of Tilbury Transfer Scheme 1991 Order 1992 had existed throughout those months, would have been the income of the undertakings of the Authority and the company respectively in relation to those months.
.
3
In article 3(2)(a), for “not more than £50,000”, substitute “less than £1,000,000”.
4
In articles 3(2)(a)(i) and 4(1)(a)(i), for “1987”, substitute “1992”and, for “1988”, substitute “1993”.
5
In articles 3(2)(a)(ii) and 4(1)(a)(ii), for “1988”, substitute “1993”.
6
In article 4(1)(a), for “1990”, substitute “1995”.
Savings
3
Without prejudice to section 16(1) of the Interpretation Act 1978 , the amendments made by article 2 shall have no effect on and after 1st April 1995 for the purposes of or for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Non-Domestic Rating) (Contributions) Regulations 1994 and shall come into force on 28th December 1994.
Interpretation
2
In these Regulations —
“abolished authority” means a local authority which is wound up and dissolved by a section 17 order;
“acquiring authority”, in relation to a relinquishing authority, means an authority which, by virtue of a section 17 order, has from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 or 22 of the Act ) in relation to an area which prior to that date were the functions of the relinquishing authority in relation to that area;
“the Act” means the Local Government Act 1992;
“ 1988 Act ” means the Local Government Finance Act 1988 ;
“immediately preceding year” means the financial year ending immediately before a reorganisation date;
“initial year” means the financial year beginning on the reorganisation date;
“preliminary period” means the period specified in a section 17 order or, where no such period is specified, the period commencing on the preliminary date, as specified in a section 17 order, and terminating immediately prior to the reorganisation date;
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1992 Regulations ” means the Non-Domestic Rating Contributions (England) Regulations 1992 ;
“relinquishing authority” means a local authority which, by virtue of a section 17 order, ceases to have functions in relation to a part of its area from the reorganisation date;
“the reorganisation date” means the date which is specified in a section 17 order;
“section 17 order” in relation to an authority means an order under section 17 of the Act affecting that authority; and
“successor authority”, in relation to an abolished authority, means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the abolished authority in relation to that area.
Billing authorities
3
For the purposes of the 1992 Regulations references to a “billing authority” shall during the preliminary period include an authority which has functions under Part III of, and Part II of Schedule 8 to, the 1988 Act by virtue of regulation 28(1) of the principal Regulations.
Rules for the calculation of contributions
4
1
This regulation shall apply in respect of the calculation under the 1992 Regulations, during the preliminary period, by a successor authority, a relinquishing authority or an acquiring authority of its non-domestic rating contributions for the initial year.
2
In paragraph 4(1) of Part I of Schedule 1 to the 1992 Regulations (deductions from gross amount) items I and L shall be read as if the references to the authority’s non-domestic rating list on 31st December in the immediately preceding year were references to the list sent to the authority by the valuation officer in accordance with regulation 31(1) of the principal Regulations, or the notice of the effect of alterations to the authority’s non-domestic rating list served on the authority by the valuation officer in accordance with regulation 31(2) of those Regulations, as the case may be.
3
Paragraphs 2(1) and 2(3) of Part I of Schedule 2 to the 1992 Regulations (assumptions as to gross amount) shall be read as if the references to the authority’s non-domestic rating list on 31st December in the immediately preceding year were references to the list sent to the authority by the valuation officer in accordance with regulation 31(1) of the principal Regulations, or the notice of the effect of alterations to the authority’s non-domestic rating list served on the authority by the valuation officer in accordance with regulation 31(2) of those Regulations, as the case may be.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
30th November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) (England) Regulations 1994 and shall come into force on 1st April 1995.
2
Expressions used in these Regulations which are also used in the Local Government (Direct Labour Organisations) (Competition) Regulations 1989 (“the principal regulations”) have the meanings which they bear in the principal regulations.
Amendment of 1989 Regulations
2
In their application to local authorities and development bodies in England, the principal regulations are amended as follows.
General highways work
3
a
In regulation 6, the words from “if the value” to the end of sub-paragraph (a) of paragraph (1), and paragraph (2); and
b
in regulation 8(1), the words from “if the estimated cost” in sub-paragraph (e) to the end of the regulation,
are omitted.
Gritting highways and snow clearing
4
In regulations 7 and 9, paragraph (1)(b) is omitted.
Consequential provision
5
In regulation 2(1), the definitions of “contractual highway work” and “relevant highway work” are omitted.
Tony Baldry
Parliamentary Under-Secretary of State,
Department of the Environment
26th May 1994


text:
Citation and commencement
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1994 and shall come into force on 8th April 1994.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Notice of application for planning permission
2
In article 12(2) of the 1988 Order (notice of application for planning permission), for “a minerals application by underground working” substitute “an application for planning permission for development consisting of the winning and working of minerals by underground operations”.
Environmental information
3
1
In article 14(2)(a) of the 1988 Order (directions by the Secretary of State), after “those Regulations” insert “in accordance with Article 2(3) of Council Directive 85/337/ EEC ” .
2
In article 25 of the 1988 Order (written notice of decision or determination relating to a planning application) —
a
after “25.” insert “(1)”; and
b
after paragraph (1) insert —
2
Where —
a
the applicant for planning permission has submitted an environmental statement; and
b
the local planning authority have decided (having taken environmental information into consideration) to grant permission (whether unconditionally or subject to conditions),
the notice given to the applicant in accordance with article 23(1) shall include a statement that environmental information has been taken into consideration by the authority.
3
In paragraph (2), “environmental information” and “environmental statement” have the same meanings respectively as in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988.
.
Telecommunications
4
In Part 24 of Schedule 2 to the 1988 Order (development by telecommunications code system operators) —
a
in paragraphs A.1(f) and (g) delete “a dwellinghouse or” in each place where it occurs;
b
after paragraph A.1(k) insert “(1) it would consist of the installation, alteration or replacement of any telecommunication apparatus on, or within the curtilage of, a dwellinghouse.”;
c
in paragraph A.2(4)(v)(a), after “is required”, insert “and has been given to the applicant within 28 days following the date on which the local planning authority received the application”; and
d
in paragraph A.2(4)(v)(b), after “is not required”, insert “or where no determination as to whether such approval is required has been notified to the applicant, or where prior approval is required but no approval has been given or refused within 28 days following the date on which the local planning authority received the application,”.
John Selwyn Gummer
Secretary of State for the Environment
7th March 1994
John Redwood
Secretary of State for Wales
9th March 1994


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Gwynedd that the new trunk road is open for through traffic.
4
In this Order —
all measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan” means the plan numbered HA10/2 W102 marked “the Fishguard — Bangor Trunk Road (A487) (Pont Seiont Improvement, Caernarfon) Order 1994”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff.
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the Fishguard — Bangor Trunk Road (A487);
5
This order shall come into force on 8th September 1994 and may be cited as the Fishguard — Bangor Trunk Road (A487) (Pont Seiont Improvement, Caernarfon) Order 1994.
Signed by authority of the Secretary of State for Wales
P. R. Marsden
A Grade 6 Officer Welsh Office
Dated 25th August 1994


text:
Title and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 and shall come into force on the day after the day on which they are made.
Interpretation: general
2
1
In these Regulations–
“product” means any crop, food or feeding stuff specified in Schedule 2;
“putting into circulation”, in relation to any product, means any handing over, whether or not for a consideration, of that product–
in the case of fruit and vegetables, after they have been harvested, and
in any other case, at any time .
2
Any reference in these Regulations to a Schedule or to a Regulation shall be construed as a reference respectively to a Schedule to these Regulations or to a Regulation in these Regulations.
3
Any reference in a Schedule to any product, figure or pesticide includes any qualifying words relating to that product, figure or pesticide in that Schedule.
Interpretation: pesticide residue
3
Any reference in these Regulations to a pesticide residue left or contained in any product after the application to that product or to land on which it is grown of a pesticide named in column 1 of Schedule 1 is a reference to the substance named in column 2 of that Schedule opposite that pesticide.
Maximum residue levels
4
The maximum level of any pesticide residue which may be left in any product named in Part I of Schedule 2 after the application to that product or to land on which it is grown of any pesticide shall be the number of milligrammes of the pesticide residue per kilogramme of the product (if any) specified opposite the name of that product under the name of that pesticide.
5
1
No person shall put into circulation any product named in Part 2 of Schedule 2 which, after the application to that product or to land on which it is grown of any pesticide, contains a level of pesticide residue greater than the number of milligrammes of that pesticide residue per kilogramme of the product (if any) specified opposite the name of that product under the name of that pesticide.
2
Any person who without reasonable excuse, contravenes, or causes or permits any other person to contravene any provision of this Regulation shall be guilty of an offence, and shall be liable–
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
3
In any proceedings for an offence under this Regulation it is a defence for the person charged to prove that when the product in question was put into circulation–
a
it was so put with the intention of its being exported to a country which is not a Member State and the offence was caused by a treatment applied to that product being a treatment–
i
required by the country of destination in order to prevent the introduction of harmful organisms into its territory, or
ii
necessary to protect the product from harmful organisms during transport to the country of destination and storage there, or
b
it was so put with the intention that–
i
it be used in the manufacture of things other than foodstuffs and animal feed, or
ii
it be used for sowing or planting.
4
Section 19 of and Schedule 2 to the Food and Environment Protection Act 1985 shall apply for the purposes of this Regulation as it applies for the purposes of that Act taking references therein to that Act or any part of it to be references to this Regulation.
Seizure or disposal of crops, food or feeding stuffs
6
If any product has in it, after the application of any pesticide named in column 1 of Schedule 1, a level of pesticide residue above that permitted to be in it by either regulation 4 or 5(1), the Minister of Agriculture, Fisheries and Food and the Secretary of State shall each have power–
a
to seize or dispose of the consignment containing that product or any part of it, or to require that some other person shall dispose of it, or
b
to direct some other person to take such remedial action as appears to the said Minister or to the Secretary of State, as the case may be, to be necessary.
Sampling and analysis
7
In determining for the purposes of regulation 4 or 5 whether the level of pesticide residue left or contained in any product exceeds the maximum permitted–
a
the whole or such part only of that product shall so far as is practicable, be taken into account as specified in column 3 of Schedule 3 opposite the name of that product in column 2 of that Schedule,
b
the procedure laid down in Part 5 of the Codex Recommendations Concerning Pesticide Residues shall so far as is practicable be followed, and
c
in the case of any product named in paragraph 3, 4 or 5 of Schedule 2 which has been dried that Schedule shall have effect as if for the number of milligrammes of each pesticide residue specified opposite the name of that product there were substituted that number of milligrammes divided by the fraction of 1 kilogramme to which 1 kilogramme of the product is reduced by the drying process.
Extent
8
These Regulations do not extend to Northern Ireland.
Revocation
9
The Pesticides (Maximum Residue Levels in Food) Regulations 1988 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th July 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
19th July 1994
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
20th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Westcountry Ambulance Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th May 1994.
2
In this Order–
“the Authority” means the Plymouth and Torbay Health Authority;
“the Trust” means the Westcountry Ambulance Services 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 19th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th May 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 April 1994


text:
Title, extent and commencement
1
These Regulations may be cited as The Arable Area Payments Regulations 1994, shall apply throughout Great Britain and shall come into force on 18th April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural land” has —
a
in relation to land in England and Wales, the same meaning as in section 1(4) of the Agricultural Holdings Act 1986 ), and
b
in relation to land in Scotland, the same meaning as in section 1(2) of the Agricultural Holdings (Scotland) Act 1991 ,
“agricultural parcel” means a cultivated plot referred to in Article 2(1)(e) of Commission Regulation 2294/92 or in Article 2(e) of Commission Regulation 2295/92 or a separate piece of an area referred to in Article 4(3) of Commission Regulation 2780/92;
“arable compensatory payment” means a compensatory payment other than a compensatory payment made in respect of set-aside land;
“authorised person” means any person who is authorised by the Minister, either generally or specially, to act in matters arising under these Regulations;
“collector” has the same meaning as in Article 1 of Commission Regulation 334/93;
“combinable crop” means any crop commonly harvested using a combine harvester;
“Commission Regulation 2293/92” means Commission Regulation ( EEC ) No. 2293/92 laying down detailed rules for the application of Council Regulation 1765/92 with regard to the set-aside scheme referred to in Article 7 as amended by Regulation (EEC) No.1379/93 and further amended by Commission Regulation (EEC) No. 2594/93 ;
“Commission Regulation 2294/92” means Commission Regulation (EEC) No. 2294/92 on detailed rules for the application of the support system for producers of the oilseeds referred to in Council Regulation 1765/92 , as amended by Commission Regulation (EEC) No.2890/92 , Commission Regulation (EEC) No.819/93 , Commission Regulation (EEC) No.1664/93 Commission Regulation (EEC) No.2776/93 and Commission Regulation ( EC ) 243/94 ;
“Commission Regulation 2295/92” means Commission Regulation (EEC) No. 2295/92 on detailed rules for the application of the support system for producers of the protein crops referred to in Article 6 of Council Regulation 1765/92 , as amended by Commission Regulation (EEC) No.2891/92 , Commission Regulation (EEC) No. 1664/93 and Commission Regulation (EC) No.3347/93 ;
“Commission Regulation 2780/92” means Commission Regulation (EEC) No. 2780/92 on the conditions for the grant of compensatory payments under the support system for products of certain arable crops ;
“Commission Regulation 334/93” means Commission Regulation (EEC) No. 334/93 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption ;
“Commission Regulation 2595/93” means Commission Regulation (EEC) No. 2595/93 laying down detailed rules as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption ;
“compensatory payment” means a compensatory payment under Article 2(2) of Council Regulation 1765/92;
“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops , as amended by Council Regulations (EEC) Nos. 364/93 and 1552/93 and Council Regulations (EC) Nos.231/94 and 232/94 , as read with Commission Regulation (EEC) No.3738/92 ;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“eligible land” means land —
for which aid has been granted under Title I of Council Regulation (EEC) No.2328/91 or in respect of which an application for direct payments has been accepted under Council Regulation (EEC) No.3766/91 ; or
not under permanent pasture (as defined in the Annex to Commission Regulation 2780/92), permanent crops (as defined in the same Annex), forest or non-agricultural uses on 31 December 1991;
“farmer” means a farmer within the meaning of Article 1(4) of Council Regulation 3508/92 who applies to the Minister for a compensatory payment;
“farm-saved rapeseed” means seed conforming to the provisions of Article 3(1)(b) of Commission Regulation 2294/92;
“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Part III of Schedule 2 of this regulation;
“green cover season” means the period commencing on 15th January and ending on 30th April;
“holding” has the same meaning as in Article 1(4) of Council Regulation 3508/92;
“land set aside for non-food purposes” means land set aside for the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, in accordance with either Commission Regulation 334/93 or Commission Regulation 2595/93;
“legal requirement”, in relation to a farmer, means an obligation which the Minister is satisfied is legally binding on the farmer;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to Wales or Scotland, the Secretary of State for Wales or Scotland as the case may be;
“non-rotational set-aside land” means land set aside in accordance with the provisions of Article 3a(1) of Commission Regulation 2293/92;
“organic waste” means any waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;
“permitted agricultural production” means —
the production of products for non-food purposes in accordance with Commission Regulation 334/93 or Commission Regulation 2595/93; or
during the period commencing on 1st September and ending on 14th January only and to the extent not prohibited by Article 3(3) of Commission Regulation 2293/92, the use of set-aside land for keeping animals and feeding animals and the harvesting of crops from that land provided that no payments or benefit in kind is received by the farmer in respect of such use or harvesting;
“processor” means a processor referred to in Article 11 of Commission Regulation 334/93;
“production region” has the same meaning as in Article 3 of Council Regulation 1765/92;
“rotational set-aside land” means land, other than non-rotational set-aside land, setaside in order to satisfy the conditions specified in Article 3(4) of Commission Regulation 2293/92;
“seed crop” means a crop grown so that the seed of the crop may be harvested and sown to establish a further crop;
“set aside” means withdraw from agricultural production other than permitted agricultural production;
“set-aside compensatory payment” means a compensatory payment made in respect of set-aside land, as provided for in Article 7(5) of Council Regulation 1765/92;
“set-aside land” means non-rotational set-aside land or rotational set-aside land;
“set-aside period” means the period commencing on 15th January and ending on 31st August during which rotational set-aside land must remain set aside in accordance with Article 3(4) of Commission Regulation 2293/92;
“shallow cultivate” means cultivate to a depth of no more than 7 centimetres;
“sharefarming agreement” means an agreement for the use of agricultural land for the purposes of a farming enterprise, made between the owner of that land (including a person entitled for a term of years certain or other limited estate) and a farmer who does not have a right to exclusive possession of that land or any legal interest or charge in or over it, under which —
the relationship between the contracting parties is not of partnership or employer and employee or landlord and tenant;
the respective liabilities of the contracting parties for the farming enterprise remain separate and defined in the agreement;
the contracting parties have joint responsibility for planning and managing the farming enterprise; and
each contracting party’s reward for participation in the farming enterprise is an agreed share of the output from that enterprise, including agricultural produce of all kinds produced on or from the land and, in any case where produce is sold on behalf of each party to the sharefarming agreement, revenues from such sale;
“specified control measure” means any check, test, verification, inspection, investigation, control or other operation in relation to arable land which a Member State is required to carry out under Council Regulation 3508/92 or Title IV of Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“specified raw materials” means the raw materials, listed in Annex I to Commission Regulation 334/93 and in Annex I to Commission Regulation 2595/93, produced on land set aside for non-food purposes;
“vernacular building” means a building of a design or style traditional in its locality;
“waste” means any type of agricultural, industrial or domestic waste.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Production regions
3
For the purposes of Article 3 of Council Regulation 1765/92, the production regions in Great Britain shall be —
a
England;
b
land in Wales which is included in the list of less-favoured farming areas adopted by the Council of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming in less-favoured areas, which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC made as provided by Article 2(3) of Council Directive 75/268/EEC as amended by Council Directive 80/666/EEC ;
c
all other land in Wales;
d
land in Scotland which is included in the list described in paragraph (b) above; and
e
all other land in Scotland.
Calculation of projected regional reference amount
4
For the purposes of Article 5(1)(c) of Council Regulation 1765/92, the projected regional reference amount shall be calculated by comparing the oilseeds yield for each production region with the average oilseeds yield for the Community of 2.36 tonnes per hectare.
Minimum size of agricultural parcel
5
1
Subject to paragraph (2) below, for the purposes of Article 2(1)(e) of Commission Regulation 2294/92, Article 2(e) of Commission Regulation 2295/92 and Article 4(3) of Commission Regulation 2780/92, the minimum size of an agricultural parcel for which an arable compensatory payment may be made shall be 0.10 hectare.
2
In the case of a plot of land used for seed production or research, the minimum size of an agricultural parcel for which an arable compensatory payment may be made shall be 0.01 hectare.
Derogation from requirement to have farmed for two years land set aside
6
For the purposes of Article 3(4) of Commission Regulation 2293/92, the special cases where a farmer shall be entitled to claim set-aside compensatory payment on land which he has not farmed for the two years prior to the commencement of the set-aside period, shall be —
a
in relation to land in England or Wales, those specified in Schedule 1, Part I; and
b
in relation to land in Scotland, those specified in Schedule 1, Part II.
Derogation from requirement to set aside land in the production region where the related arable land is situated
7
1
For the purposes of the first paragraph of Article 4(2) of Commission Regulation 2293/92, paragraphs (2), (3) and (4) below shall apply where a farmer farms land in more than one production region.
2
Where a farmer would be required (but for this provision) to set aside up to 2 hectares of land in any particular production region, he may set aside the required area of land in any one or more of the production regions in which he farms.
3
Where a farmer would be required (but for this provision) to set aside land in any particular production region, and part or all of the land he farms in another production region is contiguous to any land he farms in the first production region, he may set aside the required area of land or any part of it anywhere in that contiguous area of land.
4
Where a farmer would be required (but for this provision) to set aside land in any particular production region and the cereals yield in that region and in any other production region or regions in which he farms is the same, he may set aside the required area of land in any one or more of those production regions.
5
For the purposes of paragraph (4) above, the cereals yield of a production region is the cereals yield calculated in accordance with Article 3(2) of Council Regulation 1765/92.
Requirements in relation to set-aside land
8
1
A farmer shall, subject to paragraphs (3) and (4) below, comply with the requirements set out in Part I of Schedule 2 in relation to his rotational set-aside land, and with the requirements set out in Part II of Schedule 2 in relation to his non-rotational set-aside land.
2
Part III of Schedule 2 has effect for the purposes of supplementing Parts I and II thereof.
3
If a farmer uses set-aside land for the provision of specified raw materials he —
a
shall not be required to comply with any provision of Schedule 2, but
b
shall comply with the requirements set out in Schedule 3,
in relation to that land.
4
A farmer shall be exempt from any requirement set out in Schedule 2 or 3 in relation to particular set-aside land, if he satisfies the Minister that he should not be required to comply with it for any of the following reasons:
a
to facilitate research into the effect of the observance of particular methods of managing set-aside land;
b
for environmental reasons;
c
in the case of an educational establishment, to facilitate the fulfilment of its educational purpose;
d
because during the set-aside period —
i
a pipeline, cable or pylon is or will be laid through, or constructed on or across, the particular set-aside land and the farmer cannot reasonably prevent that laying or construction, provided that, in the case of land set aside as rotational set-aside land, laying or construction was not already in progress on the date on which the land was set aside;
ii
maintenance of a pipeline, cable or pylon which the farmer cannot reasonably prevent is or will be carried out on the particular set-aside land; or
iii
an archaeological excavation is or will be carried out on the particular set-aside land;
e
for reasons of human or animal health or safety; or
f
because, at the time at which compliance with that requirement would otherwise be required, it is likely that the cost or difficulty of complying with that requirement would be disproportionately high in comparison with the environmental benefit which compliance with that requirement would yield.
5
The Minister may specify that any exemption granted pursuant to paragraph (4) above shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.
Requirements in relation to rapeseed
9
1
A farmer who sows farm-saved rapeseed on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding.
2
For the purposes of paragraph (1) above seed is qualifying seed if it was harvested —
a
during the pre-sowing harvest; or
b
subject to paragraph (3) below, during the harvest immediately preceding the pre-sowing harvest.
3
Seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of paragraph (1) above only if —
a
climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in paragraph (1) above or to obtain the results of the mandatory analysis, before the time at which it would be necessary to sow seed in order to obtain a successful crop; and
b
the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of sub-paragraph (a) above were satisfied.
4
A farmer —
a
who sows —
i
a crop of high erucic acid rapeseed within 100 metres of a previously sown crop of OO rapeseed, or
ii
a crop of OO rapeseed within 100 metres of a previously sown crop of high erucic acid rapeseed, shall not be regarded as having sown the crop sown later; and
b
who, where sub-paragraph (a) applies, sowed both crops, shall not be regarded as having sown either crop,
in accordance with locally recognised standards as required by Article 2(1)(d) of Commission Regulation 2294/92.
5
For the purpose of this regulation;
a
the “pre-sowing harvest” is the harvest immediately preceding the autumn or spring in which the seed is sown;
b
the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analysis;
c
a “mandatory analysis” is the analysis required by Annex III of Commission Regulation 2294/92 to ensure that farm-saved rapeseed to which Article 3(1)(b) of that Regulation applies conforms to the minimum quality criterion specified in that Annex; and
d
“OO rapeseed” is any variety of oilseed rape listed in Annex II to Commission Regulation 2294/92.
Keeping and retention of records by a farmer
10
1
A farmer shall keep all invoices, seed labels, sales and delivery notes relating to seed planted on land in respect of which he makes an application for compensatory payment, and retain them for 4 years from the end of the year of harvest relating to that seed.
2
A farmer who sows farm-saved seed shall keep and retain for 4 years from the end of the year of harvest relating to that seed —
a
all invoices, seed labels, sales and delivery notes relating to the seed which produced the crop from which the farm-saved seed was obtained; and
b
all invoices and delivery notes relating to the cleaning and dressing of the farm-saved seed.
3
Where a farmer claims a compensatory payment in respect of land set aside for non-food purposes, he shall keep all delivery notes relating to the crop grown on that land and retain them for 4 years from the end of the year of harvest relating to that crop.
4
For the purposes of this regulation —
a
the year of harvest relating to seed is the calendar year in which the crop grown from that seed is harvested, destroyed or otherwise removed from the land, and the year of harvest relating to any crop is the calendar year in which that crop is harvested, destroyed or otherwise removed from the land; and
b
“farm-saved seed” is seed which is the product of a harvest on the holding on which it is sown.
Keeping and retention of records by a collector and by a processor
11
1
This regulation applies where a farmer claims a compensatory payment in respect of land set aside for non-food purposes, other than non-rotational set-aside land used for the production of multiannual raw materials in accordance with the provisions of Commission Regulation 2595/93.
2
A collector shall keep records of the quantity of all specified raw materials produced on that land, which he has purchased and sold for processing, and the names and addresses of all subsequent buyers or processors to whom he has sold those specified raw materials.
3
A collector shall retain the records referred to in paragraph (2) above for the shorter of —
a
three years from the date on which he delivers to a processor the specified raw materials to which those records relate, with a view to their being processed to obtain one or more of the products mentioned in Annex II to Commission Regulation 334/93; or
b
seven years from the date of creation of those records.
4
A processor shall keep records showing on a daily basis in relation to specified raw materials so produced —
a
the quantity of all specified raw materials purchased by him for processing;
b
the quantity of specified raw materials processed by him together with the quantity and type of products and by-products obtained from the processing;
c
the losses of specified raw materials resulting from processing;
d
the quantity of specified raw materials destroyed, if any, together with the reason for such destruction;
e
the quantity and type of products and by-products sold or otherwise disposed of by him and the price obtained; and
f
the names and addresses of all subsequent buyers or processors to whom he sells the specified raw materials or products or by-products of processing.
5
A processor shall retain the records referred to in paragraph (4) above for two years from the date on which he processes, destroys, sells or otherwise disposes of, as the case may be, specified raw materials to which those records relate.
Reduction of compensatory payments for breach of Schedule 2 and 3
12
1
In the event of a breach by a farmer of any requirement referred to in Schedule 2, other than the requirements referred to in paragraph 11 of Part I of Schedule 2 and paragraph 20 of Part II of Schedule 2, the set-aside compensatory payment shall be reduced by £100 for each hectare of land in respect of which any requirement is breached.
2
In the event of a breach by a farmer of the requirements referred to in paragraph 11 of Part I of Schedule 2, paragraph 20 of Part II of Schedule 2 or paragraph 1 of Schedule 3, the set-aside compensatory payment he shall be entitled to receive shall be reduced by £100 for each feature referred to in that paragraph which he destroys, damages or removes.
3
In the event of a breach by the farmer of any requirement referred to in paragraphs 2 to 4 of Schedule 3, no set-aside compensatory payment shall be paid in respect of the land no longer to be used for the provision of specified raw materials.
Rate of interest where compensatory payments fall to be returned
13
1
This regulation applies where any compensatory payment is paid to a farmer by the Minister and, by virtue of Article 14(1) of Commission Regulation (EEC) No.3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes, the farmer is required to reimburse all or part of that payment.
2
Except where the Minister recovers from any person any compensatory payment made as a result of the error of that Minister, interest shall be charged at the rate of one percentage point above LIBOR on a day to day basis for the period specified in that Article on the amount falling to be so reimbursed.
3
For the purposes of paragraph 2 above, LIBOR has the same meaning as in Schedule 1 to the Fossil Fuel Levy Regulations 1990 .
Powers of authorised persons
14
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any specified control measure; or
b
ascertaining whether an offence under these Regulations has been or is being committed.
2
An authorised person may enter any premises, other than premises used only as a dwelling, which are, or which such person has reasonable cause to believe to be, occupied by, or in the possession of, a farmer, collector or processor or an employee or agent of a farmer, collector or processor.
3
An authorised person who has entered any premises by virtue of this regulation may —
a
inspect all or any part of the land farmed or set aside by a farmer;
b
inspect any crops growing on that land or kept on it.
4
An authorised person may —
a
require any farmer, collector or processor or any employee or agent of a farmer, collector or processor to produce any record and to supply such additional information in that person’s possession or under his control relating to an application for a compensatory payment as the authorised person may reasonably request;
b
inspect any such record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record;
c
require that copies of, or extracts from, any such record be produced;
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of computer, require it to be produced in a form in which it may be taken away.
5
An authorised person entering any premises by virtue of this regulation may take with him such other persons as he considers necessary and sub-paragraphs (2), (3) and (4) above shall apply to such persons, when acting under the instructions of an authorised person, as if they were an authorised person.
Assistance to authorised persons
15
A farmer, collector or processor or any employee or agent of a farmer, collector or processor shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred upon him by regulation 14.
Offences and penalties
16
1
If any person fails to comply with an obligation imposed on him by regulation 10 or 11 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person —
a
intentionally obstructs an authorised person (or any person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 14; or
b
fails without reasonable excuse to comply with a request made under regulation 15,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If any person for the purpose of obtaining the whole or any part of a compensatory payment or in purported compliance with any requirement imposed in accordance with regulation 14(4) knowingly or recklessly makes a statement which is false or misleading in a material respect, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Proceedings for an offence under paragraph (1), (2) or (3) above may, subject to paragraph (5) below, in England and Wales be brought, and in Scotland commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to his knowledge.
5
No proceedings under paragraph (2) or (3) above shall be brought, or commenced, by virtue of this regulation more than 12 months after the commission of the offence.
6
A certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive of that fact.
7
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
8
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
9
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
10
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (9) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
11
In paragraphs (9) and (10) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
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
24th March 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warrington Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th May 1994.
2
In this Order —
“the Authority” means the North Cheshire Health Authority;
“the Trust” means the Warrington Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th May 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
3rd May 1994


text:
1
The lengths of the A516 Trunk Road, the A5111 Trunk Road and the A6 Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Derbyshire that the new trunk roads are open for through traffic.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to high– ways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/EM75 marked “The A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass) (Detrunking) (No. 2) Order 1994”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways to be constructed by the Secretary of State in pursuance of the A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) Order 1992 ;
iv
“the A6 Trunk Road” means the A6 London–Inverness Trunk Road;
v
“the A5111 Trunk Road” means the A5111 Nottingham–Derby–Stoke–on– Trent Trunk Road known as the Derby Ring Road; and
vi
“the A516 Trunk Road” means the A516 Nottingham–Derby–Stoke–on– Trent Trunk Road known as Uttoxeter Road.
3
This Order shall come into force on 29th March 1994 and may be cited as the A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass) (Detrunking) (No. 2) Order 1994.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
14th March 1994