text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the North Killingholme Haven Harbour Empowerment Order 1994 and shall come into force on 8th July 1994.
Interpretation
2
1
In this Order, except where the context otherwise requires —
“A.B. Ports” means Associated British Ports;
“the Company” means Simon Storage Group Limited (which is registered in England and Wales with the number 278815);
“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in triplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and sections referred to in the North Killingholme Haven Harbour Empowerment Order 1994” of which copies are deposited at the offices of the Secretary of State for Transport, the offices of A.B. Ports and the registered office of the Company;
“the Harbour Master” means the harbour master appointed by A.B. Ports under section 5 (Appointment of harbour master) of the British Transport Docks Act 1972 and includes his deputies and assistants;
“the jetty premises” means the works and the land and premises at any time belonging to, or vested in, the Company and used or set aside for the purposes of, or in connection with, the commercial management and operation of the works;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“the river” means the river Humber;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vessel” means a ship, boat or raft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane;
“the works” means Works Nos 1 and 2 authorised by article 5 (Power to construct works) of this Order, and any works constructed under article 7 (Subsidiary works) of this Order for or in connection with or subsidiary to either of those works and includes those works as reconstructed, renewed, altered, extended, enlarged, added to, replaced or relaid under paragraph (2) of the said article 5.
2
Any reference in this Order to a distance or length in any description of works, powers or land shall be construed as if the words “or thereabouts”were inserted after that reference.
Incorporation of Harbours, Docks and Piers Clauses Act 1847
3
1
The Harbours, Docks, and Piers Clauses Act 1847 (except sections 6 to 19, 20 to 25, 31, the proviso to section 32, sections 33, 42, 48 to 50, 60 to 63, 66, 67, 73, and 77 to 82), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the modifications stated in paragraphs (2) to (5) below.
2
Section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”.
3
The byelaws which the Company may make by virtue of section 83 shall include such byelaws as they think fit for all or any of the following purposes —
a
the management, control and regulation of the jetty premises and of goods, wares, merchandise and vehicles using or passing over or frequenting or resorting to the jetty premises;
b
the control and regulation of vessels being within the prescribed limits;
c
the conduct of persons using or being on the jetty premises and the control orprohibition of smoking by such persons;
d
safety precautions to be observed by persons on vessels being within the prescribedlimits or persons using or being on the jetty premises.
4
a
Section 85 shall have effect as if for the words from “in the prescribed manner” to the end there were substituted the words “by the Secretary of State”.
b
The provisions of section 236(3) to (8) and (11) and 238 of the Local Government Act 1972 shall apply to any byelaws made by the Company under the said section 85 as incorporated with this Order; and those provisions, in their application to any such byelaws, shall have effect as if the references to a local authority were references to the Company.
c
Subsection (7) of the said section 236, in its application to any such byelaws, shall have effect as if —
i
after the words “The confirming authority may confirm” there were insertedthe words “with or without modifications”; and
ii
there were added at the end the following proviso —
Provided that, where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial, he shall inform the Company and require them to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.
.
d
The said section 238, in its application to any such byelaws, shall have effect as if the reference to the proper officer of the authority were a reference to the secretary of the Company.
5
In construing the provisions of the said Act of 1847 as incorporated with this Order —
a
the expression “the special Act ” means this Order, the expressions
“the Promotersof the undertaking” and “the undertakers” mean the Company, and the expression “the harbour, dock or pier” means the works;
the expression “the harbour master” means the person appointed by the Companyto be the Dockmaster with reference to the works (in this Order referred to as “the Dockmaster of the Company”);
the meaning of the word “vessel” as defined in this Order shall be substituted forthe meaning assigned to that word by section 3 of the Act of 1847;
section 52 of the Act of 1847 shall extend to empower the Dockmaster of theCompany to give directions prohibiting the mooring of vessels within the prescribed limits;
the reference in section 53 of the Act of 1847 to notice of a direction by the harbourmaster served upon a vessel shall not be construed as requiring the notice to be in writing if in the circumstances it is not reasonably practicable for the Dockmaster of the Company to serve a written notice on the master, and in such circumstances the said reference may be construed as including the communication of the notice orally or otherwise.
PART II
LIMITS OF JURISDICTION
Limits of jurisdiction
4
1
The area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of their Dockmaster shall be exercised shall comprise the jetty premises together with so much of the river as lies within the area of water adjacent to those premises and which is bounded by an imaginary line 100 metres from the works.
2
The jurisdiction of the Company as a harbour authority and the powers of their Dockmaster conferred under or by virtue of this Order shall be exercised only in relation to vessels going to, moored at or departing from the works and, without prejudice to the generality of the foregoing, shall not be exercised in relation to any vessel navigating or at anchor in the river unless any such vessel is obstructing the approaches to the works.
3
In case of conflict between any direction given by the Harbour Master and any direction given by the Dockmaster of the Company, the direction of the Harbour Master shall prevail.
PART III
WORKS
Power to construct works
5
1
Subject to the provisions of this Order, the Company may, in the lines or situations and within the limits of deviation and according to the levels shown on the deposited sections, make and maintain the works hereinafter described, in the district of Glanford, with all necessary works and conveniences connected therewith —
Work No. 1
A fixed jetty of open construction with bearing piles, breasting and mooring structures, ramps and pontoons, and a reinforced concrete and steel platform commencing at point TA 1667020702 and terminating at point TA 1699420291, and having an overall length of 523 metres and an overall width of 104 metres.
Work No. 2
An approach bridge to Work No. 1 of open construction with bearing piles and a reinforced concrete and steel platform, commencing at point TA1653220264 and terminating at point TA1678820467, and having an overall length of 327 metres and an overall width of 40 metres.
2
Subject to the provisions of this Order, the Company may within the limits of deviation reconstruct, renew, alter, extend, enlarge, add to, replace or relay the works and may maintain the same as reconstructed, renewed, altered, extended, enlarged, added to, replaced or relaid.
3
The points specified in paragraph (1) above are Ordnance Survey National Grid reference points.
Power to deviate
6
In the construction of the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
7
Subject to the provisions of this Order, the Company may from time to time within the limits of deviation erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the works.
Period for commencement of works
8
If the works are not commenced within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease.
Works to be within county of Humberside etc.
9
1
So much of the works as are beyond mean low water shall be deemed to be within —
a
the county of Humberside;
b
the district of Glanford;
c
the petty sessional division of Barton on Humber;
d
the Ferry electoral division; and
e
the Humber ward.
2
During the period between the coming into force of this Order and the date when the works have been completed each of the areas mentioned in paragraph (1) above shall be deemed to include all lands beyond mean low water which are within the limits of deviation.
3
Nothing in this article shall require the performance of any functions under the Ordance Survey Act 1841 until the Company have certified in writing to the Director General of Ordnance Survey that the works have been completed.
Power to dredge
10
1
Subject to article 25 (Crown rights) of this Order, the Company may, for the purposes of constructing and maintaining the works from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) from time to time dredged by them.
2
No materials so dredged, other than those dredged for the purpose of constructing the works or filling in and reclaiming from the harbour and foreshore so much of the harbour and foreshore as is situated within the limits of deviation, shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The Company shall not exercise the powers conferred on them by this article except with the written consent of A.B.Ports (which it shall not unreasonably withhold) and in accordance with such conditions and restrictions as may be reasonably prescribed by A.B.Ports.
Obstruction of works
11
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall for every such offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
12
1
A tidal work shall not be constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, reconstructed, renewed, added to, extended, enlarged, altered, replaced or relaid in contravention of this article —
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works during construction
13
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, renewal, addition, extension, enlargement, alteration, replacement or relaying thereof or addition thereto, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State or A.B.Ports or as, failing agreement between them, the Secretary of State shall from time to time direct.
2
If the Company fail to comply with any requirement of a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Provision against danger to navigation
14
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify A.B.Ports and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as A.B.Ports shall from time to time direct.
2
If the Company fail to notify A.B.Ports as required by this article or to comply with any requirement of a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Abatement of works abandoned or decayed
15
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A.B.Ports may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State or A.B.Ports or as, failing agreement between them, the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A.B.Ports may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State or A.B.Ports may execute the works specified in the notice and any expenditure incurred by him or A.B.Ports in so doing shall be recoverable from the Company.
Survey of tidal works
16
If the Secretary of State or A.B.Ports deems it expedient to do so, the Secretary of State or A.B.Ports may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State or A.B.Ports in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
17
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as A.B.Ports may from time to time direct.
2
If the Company fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
PART IV
MISCELLANEOUS AND GENERAL
Power to mortgage jetty premises
18
The Company may mortgage, charge or otherwise encumber the jetty premises.
Power to make charges
19
1
Subject to paragraph (2) below, the Company may make such reasonable charges as they think fit for services and facilities provided by them.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect any power of the Company to demand, take or recover charges which they may have under or by virtue of any enactment or rule of law.
Further provisions as to byelaws
20
1
The Company shall consult A.B.Ports and the National Rivers Authority not less than three months before making any byelaw under or by virtue of this Order.
2
The Company shall not under or by virtue of this Order —
a
make any byelaw for the control or regulation of vessels not going to, moored at or departing from the works;
b
make any byelaw which in the reasonable opinion of the Harbour Master would conflict with any byelaws made by A.B.Ports or with any powers exercisable by A.B.Ports or the Harbour Master for the regulation of navigation in the river; or
c
make any byelaw regulating any vessel owned or used by A.B.Ports or regulating the conduct of officers of A.B.Ports whilst in the exercise of their duties as such.
3
The Company shall not make any byelaw under or by virtue of this Order so as to conflict with any byelaws of the National Rivers Authority.
Local inquiries
21
The Secretary of State may cause to be held such inquiries as he may consider necessary in regard to the exercise of any powers or duties conferred or imposed upon him and the giving of any consent or approval under this Order, and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were an inquiry held in pursuance of subsection (1) of that section and the Company were a local authority.
Defence of due diligence
22
1
a
In proceedings for an offence under any provision of this Order mentioned in sub-paragraph (b) below it shall be a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
b
The provisions referred to in sub-paragraph (a) above are — article 13 (Lights on tidal works during construction); article 14 (Provision against danger to navigation); article 17 (Permanent lights on tidal works).
2
If in any case the defence provided by sub-paragraph (a) of paragraph
1
above involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
Power to remove goods
23
1
If any goods are left on or in any part of the jetty premises the Company may require the owner of the goods to remove them, and if the goods are not so removed within six hours after such requirement the Company may cause them to be removed to the Company’s or any other public warehouse or store, and such removal shall be carried out at the expense and risk of the owner:
Provided that notwithstanding such removal on behalf of the Company, the goods shall be subject to a lien for the cost of removal, and for any charges payable to the Company by the owner in respect of the goods.
2
In this article, “goods” includes vehicles and equipment.
Obstruction of officers
24
1
Any person who —
a
intentionally obstructs an officer of the Company acting in pursuance of this Order; or
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any information which he may require for the purpose of the performance of his functions; shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
Any person who in giving such information makes a statement which he knows to be false shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Crown rights
25
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Saving for Trinity House
26
None of the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Protection of interests
27
1
The Schedule to this Order shall have effect for protecting the interests of the bodies specified in that Schedule (being bodies who may be affected by other provisions of this Order).
2
Where under the Schedule to this Order any difference is to be determined by arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Special exemptions
28
Section 5 (Removal of obstructions) of the Humber Conservancy Act 1899 and section 6 (No erections in Humber below river lines or without license above river lines) of the Humber Conservancy Act 1905 shall not apply to the works, and section 8 (Sand &c.not to be removed from bed or foreshore of River Humber without license of Commissioners) of the said Act of 1905 shall not apply to the exercise by the Company of the powers of article 10 (Power to dredge) of this Order.
Signed by authority of the Secretary of State for Transport
J. D. Henes
An Under Secretary in the
Department of Transport
27th June 1994


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) (No. 2) Order 1994 and shall come into force on 2nd July 1994.
2
In this Order–
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods; and
“the EEC Regulation” means articles 66 to 97 of Commission Regulation (EEC) No. 2454/93 .
2
1
Up to and including 31st December 1994, no customs duty shall be charged on goods–
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania, nor in respect of goods described in article 3 below.
2
Up to and including 31st December 1994, no customs duty shall be charged on goods–
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.
3
Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for free circulation (within the meaning of regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 and Chapter 2 of Title V of Commission Regulation (EEC) No. 2561/90 ) containing an application for relief from customs duty in the United Kingdom on or after 1st July 1994 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3
1
Up to and including 31st December 1994, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article and article 4 below, the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Subject to paragraphs (4) and (5) of this article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof for free circulation (within the meaning described in article 2(3) above) is accepted on or after the date of the opening of the quota, being an entry containing an application for relief from customs duty accompanied by such documents as may be required under the provisions of the EEC Regulation.
4
The Commissioners may delay the acceptance of an application for relief from duty in respect of any goods for the purposes of paragraph (3) above for any period not exceeding 7 days from the date of the opening of the quota, and in such a case may, if the amount of the quota is smaller than the total amount of the goods in respect of which applications are made during that period, allocate the quota proportionally among all the applicants whose applications are accepted.
5
Goods shall not be treated as forming part of the relevant quota if customs duty would not otherwise be chargeable.
4
Any of the quotas set out in the Customs Duties (ECSC) (Quota and other Reliefs) Order 1993 which is unused on 1st July 1994, shall be added to the equivalent relevant quota set out in column 3 of Part III of Schedule 1 hereto.
5
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
6
The Customs Duties (ECSC) (Quota and other Reliefs) Order 1994 is hereby revoked.
Tim Sainsbury
Minister for Industry
Department of Trade and Industry
1st July 1994


text:
1
This Order may be cited as the British Telecommunications (Dissolution) Order 1994 and shall come into force on 6th September 1994.
2
British Telecommunications is hereby dissolved.
Ian Taylor
Parliamentary Under Secretary of State,
Department of Trade and Industry
16th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 and shall come into force on 12th December 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule.
2
In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 1988 , references to the 1988 Regulations are references to the Teachers' Superannuation (Consolidation) Regulations 1988 and references to the 1989 Regulations are references to the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1989 .
3
In these Regulations, unless the context otherwise requires, —
“approved scheme” means a retirement benefits scheme approved under Chapter 1 of Part XIV of the Taxes Act;
“authorised provider” has the meaning assigned to it by section 9(6) of the Superannuation Act 1972;
“contributor” is to be construed in accordance with regulation 7;
“dependant” in relation to a participator or a contributor means —
any surviving spouse;
any person who is a child of the participator or contributor, “child” being construed in accordance with regulation E21 of the 1988 Regulations; and
any person in respect of whom at the time of death of the participator or contributor a nomination under regulation E22 of the 1988 Regulations has effect;
“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;
“the Index” means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer;
“insurance company” means a body authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on long term business;
“lump sum death benefit” means a lump sum which will become payable in the event of a person dying while paying regular contributions to provide for it;
“participator” means —
a contributor who has made a benefits election under regulation 12(5),
a person who has ceased to be a contributor not being a person in respect of whom the Secretary of State has paid a transfer value under regulation 11, or
a person in respect of whom a transfer value has been accepted under regulation 10;
“pension element” is to be construed in accordance with regulation 5(2);
“pensionable employment” is to be construed in accordance with Part B of the 1988 Regulations;
“personal pension scheme” means a scheme approved under Chapter IV of Part XIV of the Taxes Act;
“reckonable service” is to be construed in accordance with Part D of the 1988 Regulations;
“regular contributions” means contributions, paid pursuant to an election under regulation 4(1)(a) or (c);
“retire” means become entitled under regulation E4 of the 1988 Regulations to payment of retirement benefits, and cognate expressions are to be construed accordingly;
“retirement pension” has the meaning given by regulation 12(2);
“retirement benefits scheme” has the meaning given in section 611 of the Taxes Act;
“salary” means —
in relation to pensionable employment the salary calculated in accordance with regulation C1 of the 1988 Regulations, and
in relation to contributions payable under regulation C8 or C8A of the 1988 Regulations, the salary determined in accordance with the provisions of those regulations for the purposes of calculating the said contributions;
“tax year” means the 12 months beginning with 6th April in any year.
4
For the purposes of these Regulations the annual equivalent of any lump sum is that lump sum divided by 12.
Making and acceptance of elections
3
1
Any election under these Regulations —
a
is to be made by giving written notice to the Secretary of State, and
b
shall, subject to paragraphs (2) and (3), be accepted by him.
2
No election under these Regulations shall be accepted if —
a
the amount paid in contributions in any tax year pursuant to that election would be such as to cause the total of contributions paid in that tax year pursuant to these Regulations to exceed the limit imposed by regulation 8(3); or
b
the benefits to be paid as a result of the contributions paid pursuant to the election would be likely to exceed the amount allowed by regulation 14 and the Schedule; or
c
in the case of an election under regulation 4(1)(c), the amount specified in the election as the amount to be secured is less than the amount specified in regulation 4(2)(d).
3
An election falling within regulation 17(2) shall not be accepted if any information required by that regulation is not given.
Election to pay regular and lump sum contributions
4
1
A person in pensionable employment may at any time elect to pay —
a
regular contributions for investment under regulation 9(1);
b
a lump sum contribution for investment under regulation 9(1); or
c
regular contributions to provide for a lump sum death benefit under these Regulations.
2
The notice of such an election is to specify —
a
in the case of an election under paragraph (1)(a) or (c), the amount of each regular contribution or, if expressed as a percentage of salary, that percentage;
b
in the case of an election under paragraph (1)(b) the amount of the contribution;
c
in the case of an election under paragraph (1)(a) or (b) the fund or funds in which contributions are to be invested; and
d
in the case of an election under paragraph 1(c) the amount to be secured which must not be less than £5,000.
Provision for lump sum death benefit
5
1
This regulation shall apply where a person elects under regulation 4(1)(c) to pay regular contributions to provide for a lump sum death benefit.
2
A person who elects to pay regular contributions to provide for a lump sum death benefit may at the same time, or at any time while paying those contributions, elect that if the lump sum becomes payable, the whole or part of it (the pension element) shall be applied by the Secretary of State for the purchase of a pension policy from an authorised provider to provide a pension or pensions for one or more dependants.
3
The notice of an election under paragraph (2) shall specify —
a
for whom a pension is, or pensions are, to be provided,
b
if more than one pension is to be provided, the proportion of the pension element that is to be applied to the purchase of each of them, and
c
in respect of every pension to be provided, whether the annual rate of the pension —
i
is to be fixed, or
ii
is to vary in accordance with the Index, or
iii
is to increase yearly by a specified percentage or, if lower than that percentage, by any increase in the Index for the year in question.
4
Subject to regulation 8(3), a person who has continued to pay regular contributions up to his 60th birthday but does not then retire may elect to pay further regular contributions to his 61st birthday to provide for a lump sum death benefit; and so long as he has not retired further elections may be made annually in respect of years commencing on his 61st and subsequent birthdays.
5
An election made by a person under paragraph (4) shall lapse if the person retires or ceases to be in pensionable employment during the year in question.
6
An election under regulation 4(1)(c) or an election under paragraph (4) shall have effect for the purpose of the entitlement to benefit from the date when the election is accepted by the Secretary of State.
Variation and cancellation of elections
6
1
A contributor who has elected under regulation 4(1)(a) to pay regular contributions may at any time by giving written notice to the Secretary of State —
a
subject to regulation 8(3), alter the amount of the regular contributions,
b
require any contributions payable pursuant to the election to be invested in future under regulation 9 in a different way,
c
require the Secretary of State to realise any investment and to reinvest the proceeds under regulation 9 in a different way, or
d
cancel his election under regulation 4(1)(a).
2
A contributor who has elected under regulation 4(1)(b) to pay a lump sum contribution may at any time by giving written notice to the Secretary of State require the Secretary of State to realise any investment and to reinvest the proceeds under regulation 9 in a different way.
3
A contributor who has elected to pay regular contributions under regulation 4(1)(c) may at any time by giving written notice to the Secretary of State —
a
subject to regulation 8(3), elect that a specified larger lump sum is to be secured and the regular contributions increased accordingly, or
b
if the contributor has made an election under regulation 5(2), cancel it or alter in any specified way the manner in which the pension element is to be applied, or
c
cancel his election under regulation 4(1)(c).
4
A person paying further regular contributions pursuant to an election under regulation 5(4) may at any time make an election under regulation 5(2) or do anything authorised by paragraph (3).
5
The Secretary of State shall give effect as soon as is reasonably practicable to the terms of any notice given under this regulation.
Contributor
7
1
Subject to paragraph (2), a person is a contributor while an election under regulation 4(1)(a) or (c) has effect or if he has paid a lump sum pursuant to an election under regulation 4(1)(b).
2
A person who —
a
has become entitled to retirement benefits under Part E of the 1988 Regulations,
b
has, under regulation 6(1)(d) or 6(3)(c), cancelled the election to pay regular contributions, or
c
subject to paragraph (3), has ceased to be in pensionable employment and is not paying contributions under regulation C8 or C8A of the 1988 Regulations (additional contributions for current period),
ceases to be a contributor.
3
For the purposes of this regulation a person who —
a
has ceased to be in pensionable employment, and
b
has re-entered pensionable employment within 3 months,
is to be treated as having continued to be in pensionable employment.
Payment of contributions and amount of regular contributions
8
1
Regular contributions shall be paid to the Secretary of State at intervals of one month.
2
Payment of regular contributions under paragraph (1) shall be effected by deduction by the contributor’s employer of the appropriate amounts from the contributor’s salary and such deductions shall commence to be made from the salary in respect of the first whole pay period falling after the date on which the employer receives authorisation to make these deductions and be remitted to the Secretary of State within 7 days after their deduction.
3
The total of contributions paid in any tax year must not exceed the lesser of (A-B-C) and D, where —
A
is 15 per cent of the person’s salary for that year,
B
is the total of any contributions paid by him in the year to another approved scheme,
C
is the total of the contributions paid by him in the year under the 1988 Regulations, except contributions paid pursuant to a demand under regulation C16(2) of the 1988 Regulations, and
D
is the amount which would be likely to provide benefits of the largest amounts allowed by regulation 14 and the Schedule.
Investment of contributions
9
1
Any contributions paid by a contributor for investment under this regulation shall be invested by the Secretary of State, in accordance with any notice under regulation 4(2) or 6(1) or (2) in one or more of the funds authorised by him for the purposes of these Regulations managed by an insurance company selected by him.
2
Regular contributions to provide for a lump sum death benefit shall be invested by the Secretary of State with an insurance company selected by him so as to secure the payment of a lump sum death benefit of the amount required by any notice under regulation 4(2) or 6(3):
Inward transfers
10
1
Where a person who enters pensionable employment has during previous employment paid contributions to —
a
a free-standing additional voluntary contribution scheme, or
b
an approved scheme which provides additional benefits through additional voluntary contributions paid by that person but does not fall within section 591(2)(h) of the Taxes Act, that person, whether or not he becomes a contributor within the meaning of these Regulations, may give written notice to the Secretary of State that he wishes the Secretary of State to accept from the trustees or managers of such a scheme a transfer value representing the value of the investments from his contributions.
2
Where a transfer value is accepted by the Secretary of State it shall be invested by him, in accordance with the wishes of the person entering pensionable employment, in one or more of the funds authorised by the Secretary of State for the purposes of these Regulations managed by an insurance company selected by him.
Outward transfers
11
1
Subject to paragraph (2), the Secretary of State shall, on application by a person who has ceased to be a contributor by virtue of regulation 7(2)(c), pay a transfer value representing the value of investments made under regulation 9(1) or 10(2) to one of the following schemes in which the person may be participating: —
a
an approved scheme which provides additional benefits but does not fall within section 591(2)(h) of the Taxes Act; or
b
a personal pension scheme; or
c
any other approved scheme, provided the trustees or managers certify that the transfer value shall not be used to purchase benefits in the form of a tax-free lump sum.
2
A transfer value shall not be payable under paragraph (1) unless one is payable in respect of that person under regulation F1 of the 1988 Regulations.
Retirement and dependants' pensions
12
1
The benefits that may be provided on retirement in accordance with this regulation under a pension policy purchased as described in paragraph (7) are a retirement pension and one or more dependants' pensions.
2
A retirement pension is a pension commencing not earlier than the date of retirement and is payable to the participator for life.
3
A dependants' pension is a pension which would become payable to a dependant on the death of the participator after his retirement and is payable for life, except that, in the case of a dependant who is a child as defined in the 1988 Regulations, it shall cease to be payable when that person ceases to be a child within the meaning of those Regulations.
4
A pension policy purchased as described in paragraph (7) shall not provide for any retirement pension or dependants' pension capable in whole or in part of surrender, commutation or assignment (except as provided by paragraphs (9) and (10)).
5
Not earlier than one month before retirement, a participator, by giving written notice to the Secretary of State, shall make a benefits election which shall specify —
a
whether a retirement pension is to be provided;
b
for whom, if anyone, dependants' pensions are to be provided;
c
if more than one pension is to be provided, either —
i
the proportion of the amount secured by the investments made under regulation 9(1) or 10(2) that is to be applied to the purchase of each of them; or
ii
the dependants' pensions to be provided expressed as a percentage of the retirement pension;
d
in respect of every pension to be provided, whether the annual rate of the pension —
i
is to be fixed, or
ii
is to vary in accordance with the Index, or
iii
is to increase yearly by a specified percentage or, if lower than that percentage, by any increase in the Index for the year in question; and
e
the authorised provider who is to provide each pension.
6
In the case of a retirement pension, the notice may also specify that if the participator dies within the period of 5 years beginning when the retirement pension commences the balance that would have been payable during the remainder of that period if the pension had continued at the rate in force at the time of the participator’s death is to be paid as a lump sum.
7
Subject to paragraphs (9) and (10), upon receipt of the notice of election the Secretary of State shall, as soon as is reasonably practicable, realise the investments made under regulation 9(1) or 10(2) and apply the amount obtained to the purchase of a pension policy from an authorised provider chosen by the participator to provide the benefits specified in the notice of election.
8
Subject to paragraphs (9) and (10), if no benefits election under paragraph (5) has been made six months after retirement the Secretary of State may realise the investments made under regulation 9(1) or 10(2) and apply the amount obtained to the purchase of a pension policy from the insurance company referred to in regulation 9 to provide such benefits as appear to him to be suitable.
9
If the participator dies before retirement, or after retirement but before a policy such as is mentioned in paragraph (7) is entered into, the investments made under regulation 9(1) or 10(2) shall be realised and become payable as a lump sum.
10
In the case of a retirement pension, where there are exceptional circumstances of serious ill-health affecting the participator, the Secretary of State may realise the investments without purchasing any pension and in that event the amount becomes payable as a lump sum.
11
If the annual rate of the retirement pension purchased in accordance with paragraph (7) or (8), when aggregated with the annual rate of any pensions payable and the annual equivalent of any lump sums payable to the participator under the 1988 Regulations arising from the participator’s service, does not exceed any amount prescribed by regulations for the time being in force under section 21(1) of the Pension Schemes Act 1993 , the authorised provider may discharge the liability for payment of the benefits under the pension policy by payment of a lump sum representing their capital value.
Lump sum death benefit
13
1
Where a contributor who is paying regular contributions to provide a lump sum death benefit dies when no election under regulation 5(2) has effect, the lump sum secured by those contributions shall become payable.
2
Where on the death of a contributor an election under regulation 5(2) has effect —
a
the Secretary of State shall apply the pension element by purchasing a pension policy from the authorised provider determined in accordance with paragraph (3) or (4) to provide the pension or pensions specified in the notice of election; and
b
any balance of lump sum secured shall become payable.
3
Any dependant for whom a pension is to be provided pursuant to paragraph (2) who has attained the age of 18 years at the date of death of the contributor may within six months of the date of death of the contributor make an election specifying the authorised provider by whom the pension is to be provided and where such an election is made the pension policy shall be purchased from that authorised provider.
4
Where no election has been made pursuant to paragraph (3) the pension policy shall be purchased from the insurance company referred to in regulation 9.
5
If at the time of the death of the contributor any person specified in a notice of election given under regulation 5(3) had died or ceased to be a dependant, the proportion of the lump sum death benefit that was to have been applied to the purchase of a pension for that person shall not be applied for that purpose, but shall be added to the balance becoming payable under paragraph (2)(b).
Benefit limits
14
1
The Schedule has effect for limiting the benefits that may be paid under these Regulations.
2
The maximum annual rate of a retirement pension or dependant’s pension ascertained from the Schedule may be increased —
a
by 3 per cent for each complete year that has elapsed, or
b
if a greater increase results, in proportion to the increase in the Index that has occurred, since the date on which the pension became payable.
Repayment of investments in certain cases
15
1
In the case of a person who —
a
ceases to be in pensionable employment; and
b
is entitled to receive a return of contributions under regulation C13 of the 1988 Regulations; and
c
has applied for and received such a return of contributions,
the Secretary of State shall make arrangements for that person to receive a lump sum representing the total realisable value of the investments made by the Secretary of State in respect of that person under regulation 9(1) or 10(2).
2
There shall be deducted from any lump sum payable under paragraph (1) the amount of tax chargeable under section 598 of the Taxes Act.
Payment by Secretary of State
16
1
Where pursuant to an election under regulation 12(5) or 13(3) the Secretary of State purchases a pension policy from an authorised provider specified by the elector other than the insurance company referred to in regulation 9, the Secretary of State shall not, except in the circumstances described in paragraph (2)(b), be liable for payment of any pension under that policy.
2
Where —
a
pursuant to an election under regulation 5(2) or 12(5) or pursuant to regulation 12(8) or 13(4) the Secretary of State purchases a pension policy from the insurance company referred to in regulation 9; or
b
pursuant to —
i
an election under regulation 5(3) or 11(5) of the 1989 Regulations; or
ii
an election under regulation 5(2) or 12(5) made by a person who was employed in pensionable employment but ceased to be so employed before 12th December 1994,
the Secretary of State purchases a policy from a company listed in Schedule 1 to the 1989 regulations,
the Secretary of State shall be liable to make to the person entitled to it any payment of pension under the policy which has not been made by the company from which the policy was purchased.
3
Lump sums payable —
a
as mentioned in regulation 12(6); or 12(9); or
b
under regulation 13(1) or 13(2)(b),
shall (subject to the following provisions of this regulation) be paid by the Secretary of State to the person or persons to whom any death grant is payable under regulation E19(7) of the 1988 Regulations.
4
If when a participator dies a lump sum would have been payable under regulation 13 but the whole or part of that sum cannot be paid under regulation 13 by reason of regulation 14 and paragraph 14 of the Schedule the Secretary of State shall pay to the participator’s personal representatives the amount which cannot be paid under regulation 13, so far as it does not exceed the prescribed amount, but subject to any deduction of tax under paragraph (7).
5
If by reason of regulation 14 and the Schedule a pension provided under regulation 12 is not payable in full, the Secretary of State shall pay to the participator an amount, or aggregate of amounts, not exceeding the prescribed amount, out of the investments realised by virtue of regulation 12(7) which would otherwise have been applicable to the purchase of the pension but subject to any deduction of tax under paragraph (7).
6
In paragraphs (4) and (5) the reference to the prescribed amount is to an amount calculated in accordance with the method for the time being specified in regulations made for the purposes of section 591 of the Taxes Act as the method to be used for calculating the amount of any surplus funds.
7
The amount of any tax chargeable under the Taxes Act on payments made under these Regulations shall be deducted by the Secretary of State before payment.
Information
17
1
Persons making elections under these Regulations, and their employers, shall give the Secretary of State such information as he may reasonably require for the purposes of his functions under these Regulations.
2
A person making —
a
an election under regulation 4(1)(c) or 5(4) to provide a lump sum death benefit, or
b
an election under regulation 6(3)(a), or
c
an election under regulation 6(4) corresponding to one that could have been made under regulation 6(3)(a),
shall, in particular, give the Secretary of State such information about the person’s health as the Secretary of State may reasonably require.
Payments in respect of deceased persons
18
1
This regulation applies where a person dies and the total of —
a
any sums that were due to the person under these Regulations, and
b
any sums payable under these Regulations to the person’s personal representatives
does not exceed the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act 1965 and applying in relation to the death.
2
Where this regulation applies the Secretary of State may, without requiring the production of proof of title, pay the amount due under paragraph (1)(a) and (b) —
a
to the deceased’s personal representatives, or
b
to the person, or to or among any one or more of any persons, appearing to him to be beneficially entitled to the estate
and any person to whom such a payment is made, and not the Secretary of State, shall thereafter be liable to account for any amount so paid.
Determination of questions
19
All questions arising under these Regulations are to be determined by the Secretary of State and a determination by him is final.
Revocation and transitional provisions
20
1
The 1989 Regulations are hereby revoked.
2
Anything done under or for the purposes of a provision of the 1989 Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of these regulations, as if done under or for the purpose of that provision.
3
Without prejudice to the generality of paragraph (2) —
a
any election made pursuant to the provision of the 1989 Regulations specified in the left hand column of the table below shall have effect as if made pursuant to the corresponding provision of these Regulations specified in the right hand column:
TABLE
Provision of 1989 Regulations Provision of these Regulations
Regulation 4(1) Regulation 4(1)(a) Regulation 5(1) Regulation 4(1)(c) Regulation 5(3) Regulation 5(2) Regulation 11(5) Regulation 12(5)
b
any notification given under regulation 5(4) of the 1989 Regulations shall be treated as included in a notice of election under regulation 5(2);
c
contributions paid pursuant to an election under regulation 4 of the 1989 Regulations shall be treated, for the purpose of these Regulations as paid for investment under regulation 9(1);
d
a contributor who has paid a lump sum contribution pursuant to regulation 4 of the 1989 Regulation shall be treated, for the purposes of these Regulations as having made an election under regulation 4(1)(b) to pay that lump sum contribution;
e
contributions paid pursuant to an election under regulation 5(1) of the 1989 Regulations shall be treated, for the purposes of these Regulations as paid to provide for a lump sum death benefit;
f
investments of contributions made pursuant to regulation 9 or 10 of the 1989 Regulations shall be treated as having been made pursuant to regulation 9 and 10.
4
Without prejudice to the provisions of section 16 of the Interpretation Act 1978 the revocation of the 1989 Regulations shall not affect any obligation of the Secretary of State to pay any pension pursuant to the 1989 Regulations to or in respect of a person who retired or died before 12th December 1994.
5
In relation to any pension payable to a dependant pursuant to any provision of these Regulations in respect of a participator who was employed in pensionable employment but ceased to be so employed or died before 12th December 1994 the expression “child” in these Regulations shall be construed as if regulation E21 of the 1988 Regulations had not been amended by regulation 16 of the Teachers Superannuation (Amendment) Regulations 1994 .


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Test Valley) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 3 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “livestock unit” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (3) of article 6 of the principal Order there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 8 of Schedule 3 to the principal Order there shall be inserted the following paragraph:
9
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
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
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Railways (Safety Critical Work) Regulations 1994, and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approve” means approve for the time being in writing, and “approved” shall be construed accordingly;
“building operation” has the meaning assigned to it by section 176(1) of the Factories Act 1961 ;
“the Executive” means the Health and Safety Executive;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;
“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Area Regulations 1987 ;
“means of identification” means a card or other document containing the name of the employee to whom it is issued, his photograph, the name of his employer and such other particulars as the employer wishes to include;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“railway operator” has the meaning assigned to it by the Railways (Safety Case) Regulations 1994 as if, in those Regulations, “railway” included any transport system and “train” included any vehicle;
“relevant assessments” means assessments (including medical assessments) which are relevant for the purpose of ascertaining the competence and fitness of the employee to undertake the safety critical work concerned (whether or not they have been approved under regulation 3(3));
“safety critical work” means work by a person —
as a driver, guard, conductor or signalman or in any other capacity in which he can control or affect the movement of a vehicle;
in a maintenance capacity or as a supervisor of, or look-out for, persons working in a maintenance capacity; and for this purpose, a person works in a maintenance capacity if his work involves —
maintenance, repair or alteration of —
the permanent way or other means of guiding or supporting vehicles,
signals or any other means of controlling the movement of vehicles, or
any means of supplying electricity to vehicles or to the means of guiding or supporting vehicles, or
coupling or uncoupling vehicles; or
checking that vehicles are working properly before they are used on any occasion, system;
which could affect the health or safety of persons on a transport system;
“transport system” means a transport system to which Chapter I of Part II of the Transport and Works Act 1992 applies or would apply were it not for the exclusion in section 26(2) of that Act, except that it does not include any part of a transport system —
within a harbour or harbour area, or which is part of a factory, mine or quarry unless, in each case, it is being used or is intended to be used for the carriage of fare paying passengers;
used solely for the purpose of carrying out a building operation or work of engineering construction;
within a maintenance or goods depot;
“vehicle” means a vehicle used on a transport system and includes a mobile traction unit used on such a system;
“work of engineering construction” has the meaning assigned to it by section 176(1) of the Factories Act 1961.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee.
3
Any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Competence and fitness
3
1
No employer shall permit any of his employees to undertake any safety critical work unless —
a
the employee is competent and fit to undertake that work;
b
there is in existence an adequate record of any relevant assessments undergone by the employee;
c
the employer has issued the employee with a means of identification;
d
the employer has established suitable arrangements to enable a railway operator who is affected by the work to examine the record referred to in sub-paragraph (b) above, or be informed of its contents.
2
An employee shall carry with him the means of identification referred to in paragraph (1)(c) when he is undertaking any safety critical work.
3
The Executive may for the purposes of this regulation approve for the time being assessments to be undergone by employees undertaking safety critical work and in the case of each such assessment the procedures to be followed and the standard to be achieved in relation thereto and the intervals within which the assessment is to be undergone again.
4
Where the Executive has approved assessments under paragraph (3) then, without prejudice to the generality of sub-paragraph (a) of paragraph (1), an employee shall not be treated for the purposes of that sub-paragraph as competent and fit to undertake the work to which the assessments relate unless he has undergone each such assessment in accordance with any procedures so approved and within any intervals so approved, and in the case of each such assessment has achieved a standard not less than that so approved.
5
Without prejudice to the generality of paragraph (3) —
a
assessments approved under that paragraph may include medical assessments made by registered medical practitioners approved by the Executive;
b
intervals approved under that paragraph may include intervals approved by reference to the time of resuming work following an event specified for the purpose in the approval.
6
Where an approval is given under paragraph (3) notice of it shall be published in such manner as the Executive considers appropriate for bringing it to the attention of employers likely to be affected by the approval.
7
An approval under this regulation may be given in respect of a class of safety critical work.
8
In any proceedings against a person for an offence of contravening this regulation, it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Hours of work
4
1
Every employer shall ensure, so far as is reasonably practicable, that no employee of his undertakes any safety critical work for such number of hours as would be liable to cause him fatigue which could endanger safety; and in determining whether he would be so liable regard shall be had to the length of time between periods on duty.
2
For the purposes of paragraph (1) a person shall be regarded as undertaking work throughout the period he is on duty.
Exemptions
5
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Signed by order of the Secretary of State
Roger Freeman
Minister of State,
Department of Transport
10th February 1994
Michael Forsyth
Minister of State,
Department of Employment
10th February 1994


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


text:
1
This Order may be cited as the A23 Trunk Road (Coulsdon Inner Relief Road, Trunk Road and Slip Roads) Order 1994 and shall come into force on 21st April 1994.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan folio numbered LRO 64/60/2/03-2, marked “The A23 Trunk Road (Coulsdon Inner Relief Road, Trunk Road and Slip Roads) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct as part of the trunk road along the routes described in Schedule 2 to this Order and which will connect the main new road with other highways at the places stated in that Schedule; and
v
“the trunk road” means the A23 Trunk Road known locally as Brighton Road.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expenses by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
I. Yass
Regional Director London Region
Department of Transport
6th April 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines Act 1968 (Amendment) (No. 2) Regulations 1994 and shall come into force on 13th February 1994.
2
In these Regulations “ the Act ” means the Medicines Act 1968 and a reference to a numbered section in these Regulations is a reference to the section of the Act which bears that number.
Revocation
2
There are hereby revoked the Medicines Act 1968 (Amendment) Regulations 1994 .
Section 7 of the Act — dealings with medicinal products
3
1
Section 7 (general provisions as to dealing with medicinal products) is amended as follows.
2
After subsection (2), there is inserted —
2A
The restrictions imposed by subsection (2) of this section shall not apply where the medicinal product concerned is a homoeopathic medicinal product in respect of which a certificate of registration has been granted.
2B
In relation to a homoeopathic medicinal product to which the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 apply but in respect of which no certificate of registration has been granted, the references in subsection (2) of this section to the activities of sale or supply and of procuring the sale or supply respectively shall be taken to include references to any activity which amounts to placing such a product on the market within the meaning of Council Directive 92/73/ EEC of 22 September 1992.
.
3
In subsection (6A) —
a
at the end of paragraph (a) there is inserted “or”; and
b
paragraph (c) and “, or” immediately preceding it are omitted.
4
In subsection (7), before the definition of “proprietary medicinal product” there is inserted —
“certificate of registration” means a certificate granted under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994;
“homoeopathic medicinal product” means any medicinal product (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State;
.
Section 8 of the Act — manufacture and wholesale dealing
4
1
Section 8 (provisions as to manufacture and wholesale dealing) is amended as follows.
2
In subsection (4) —
a
at the end of paragraph (a) there is inserted “or”; and
b
paragraph (c) and “, or” immediately preceding it are omitted.
3
In subsection (6), before “proprietary medicinal product” there is inserted “homoeopathic medicinal product,”.
Section 24 of the Act — duration and renewal of licence
5
In section 24 (duration and renewal of licence) —
a
in subsection (1A) after “obligation” there is inserted “(other than an obligation under the 1992 Directive)”;
b
in subsection (3)(c) after “this Act” there is inserted “and any Community obligation under the 1965 Directive or the 1992 Directive”; and
c
after subsection (6) there is inserted —
7
In this section “the 1992 Directive” means Council Directive 92/27/EEC of 31st March 1992 on the labelling of medicinal products for human use and on package leaflets.
.
Section 28 of the Act — suspension etc. of the licence
6
1
Section 28 (general power to suspend, revoke or vary licences) is amended as follows.
2
In subsection (3) —
a
at the beginning there is inserted “Subject to subsection (3A) of this section”; and
b
in paragraph (j) after “relates” there is inserted “(other than products to which Chapters II to V of the 1965 Directive apply)”.
3
After subsection (3) there is inserted —
3A
Where a product licence relates to a product to which Chapters II to V of the 1965 Directive apply, the power conferred by this section to suspend a licence shall be exercisable in relation to the licence on the ground that —
a
any of the provisions contained in regulations made under section 85 (labelling and marking of containers and packages) or 86 (leaflets) of this Act, or
b
section 86(4),
has to a material extent been contravened in relation to the product by the holder of the licence or by a person procured by him to manufacture or assemble the product.
.
4
The amendments made by this regulation have effect only in relation to licences granted or renewed after the coming into force of these Regulations.
Section 86 of the Act — leaflets
7
1
After section 86(3) (leaflets), there is inserted —
4
No person shall, in the course of a business carried on by him, supply a product to which Chapters II to V of the 1965 Directive apply, unless —
a
a leaflet enclosed in, or supplied with, the container or package of the product, or
b
the container or package itself,
contains the particulars which a leaflet relating to the product is required by regulations under subsection (1) of this section to contain, and does so in the manner required by such regulations.
.
2
The amendment made by this regulation has effect only in relation to products in respect of which product licences (as defined in section 7 of the Act) have been granted or renewed after the coming into force of these Regulations.
Section 91 of the Act — penalties
8
In section 91(1) (offences under Part V etc.), after “section 86(3)”, there is inserted “or (4)”.
Section 132 of the Act — interpretation
9
In section 132(1) (general interpretation), in the definition of “the 1965 Directive”, for “and 89/381/EEC (h);” there is substituted “, 89/381/EEC (h) and Article 9(1) of Council Directive 92/73/EEC ;” .
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th February 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on
Gillian Shephard
9th February 1994.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1994 and shall come into force on 29th March 1994.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 4 of the principal Order
2
In article 4 of the principal Order (medicinal products that are not prescription only), in paragraph (1P)(a) the word “conjunctivitis” is substituted for the word “rhinitis”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
2nd March 1994
John Redwood
Secretary of State for Wales
7th March 1994
Fraser of Carmyllie
Minister of State, The Scottish Office
2nd March 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 3rd day of March 1994.
L.S.
F. A. Elliott
Permanent Secretary


text:
1
The London-Holyhead Trunk Road (Gwalchmai By-Pass) Order 1978 is hereby revoked.
2
This Order shall come into force on 8th February and may be cited as the London-Holyhead Trunk Road (Gwalchmai By-Pass) (Revocation) Order 1994.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer Welsh Office
Dated 18th January 1994


text:
1
This Order may be cited as the A570 St. Helens-Ormskirk-Southport Trunk Road (Moor Street and St. Helens Road, Ormskirk) (Detrunking) Order 1994, and shall come into force on 11th July 1994.
2
In this Order: —
“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 highways 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;
“the deposited plan” means the plan numbered HA10/1/CNW 344 marked “The A570 St. Helens-Ormskirk-Southport Trunk Road, (Moor Street and St. Helens Road Ormskirk) (Detrunking) Order 1994”, signed by the authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and St. Helens Road shall be classified as a principal road and Moor Street shall become a declassified road, as from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
J P Plowman
Regional Director
Department of Transport
20th June 1994


text:
1
1
These Regulations may be cited as the Exchange Gains and Losses (Insurance Companies) Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
3
In these Regulations “the 1993 Act ” means the Finance Act 1993.
2
1
For corporation tax purposes, Chapter II of Part II of the 1993 Act (and regulations made under that Chapter including the following provisions of these Regulations) shall apply —
a
in relation to insurance companies' unearned premium reserves as if —
i
the unearned premium reserve of any insurance company were a liability owed by the company, and
ii
the reference in paragraph (b) of section 153(2) of that Act to a provision made by the company in respect of a duty to which it may become subject and which (if it were to become subject to it) would be a duty to settle under a qualifying liability included the unearned premium reserve (disregarding section 153(7)(a)); and
b
as if any item (not being a provision apart from this sub-paragraph) —
i
which is included in any accounts for any period prepared by the company for tax purposes, and
ii
which, if it were included in the company’s statutory accounts for the same period, would be a provision within section 153(2)(b),
were a provision within section 153(2)(b).
2
In paragraph (1)(b) above “statutory accounts”, in relation to a company, means —
a
the annual accounts of the company prepared in accordance with Part VII of the Companies Act 1985 , or
b
if the company is not required to prepare such accounts, the accounts which it is required to keep under the law of its home State or, if it is not so required to keep accounts, such of its accounts as most closely correspond to accounts which it would have been required to prepare if the provisions of that Part applied to the company.
3
Any exchange difference which arises as regards a qualifying asset which is a share held by a qualifying company which is an insurance company shall be disregarded for the purposes of Chapter II of Part II of the 1993 Act (including regulations made under that Chapter), and accordingly —
a
an exchange gain or loss which (apart from this regulation) would accrue as regards that asset shall be taken not to accrue for the purposes of that Chapter; and
b
section 128(11) of that Act shall not apply in relation to any gain or loss which accrues as regards that asset.
4
1
Paragraph (2) below shall apply where —
a
a gain or loss accrues to an insurance company as regards an asset or liability at any time when the asset or liability is held or owed by the company wholly or partly in exempt circumstances (within the meaning of paragraph 2 of Schedule 15 to the 1993 Act), and
b
apart from paragraph (2) below, that gain or loss would fall within section 128(11) of that Act, and
c
by virtue of paragraph 1 of that Schedule and regulation 2 of the Exchange Gains and Losses (Alternative Method of Calculation of Gains and Losses) Regulations 1994 the amount of an initial exchange gain or loss accruing to the company as regards the asset or liability for the accrual period which includes or ends immediately before that time is to be found in accordance with the alternative method of calculation.
2
In any case where this paragraph applies —
a
if by virtue of regulation 2 of those Regulations the amount of the initial exchange gain or loss referred to in paragraph (1)(c) above is reduced to zero, then section 128(11) of the 1993 Act shall not apply in relation to the gain or loss referred to in paragraph (1)(a) above;
b
if by virtue of regulation 2 of those Regulations the amount of that initial exchange gain or loss is reduced by a proportion so that it is less than it would have been if that regulation had not applied, then section 128(11) of the 1993 Act shall not apply in relation to a corresponding proportion of the gain or loss referred to in paragraph (1)(a) above.
5
In any case where a transaction in pursuance of which an insurance company acquires an asset or becomes subject to a liability is entered in the company’s accounting records on a date (“the later date”) after the date on which the company becomes unconditionally entitled or subject to the asset or liability (“the earlier date”), then for the purposes of Chapter II of Part II of the 1993 Act (and regulations made under that Chapter) the company shall be deemed to have become unconditionally entitled or subject to the asset or liability on the later date (and not on the earlier date).
6
1
Relief under subsection (4) or (7) of section 131 of the 1993 Act, so far as those subsections have effect in relation to losses other than losses treated as non-trading losses for the purposes of section 160 of the Finance Act 1994 , shall not be allowable against the policy holders' share of the relevant profits for any accounting period.
2
In this regulation “the policy holders' share of the relevant profits” has the same meaning as in section 88 of the Finance Act 1989 .
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wellhouse National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th July 1994.
2
In this Order —
“the Authority” means the Barnet Health Authority;
“the Trust” means the Wellhouse National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 25th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th July 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 June 1994