text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Warwickshire National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the Warwickshire Health Authority;
“the Trust” means the North Warwickshire National Health Service Trust;
“the trust property” means the items specified in a schedule of trust propertyprepared by and agreed upon by the Authority and the Trust on 22nd December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 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 Healthh
30th March 1994


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
This Order may be cited as the Ports (Northern Ireland Consequential Provisions) Order 1994.
2
This Order shall come into force on the same day as the principal Order .
3
This Order extends to the whole of the United Kingdom.
Interpretation
2
1
In this Order —
“the principal Order” means the Ports (Northern Ireland) Order 1994 ;
“the tax provisions relating to company distributions” means the provisions of the Corporation Tax Acts, excluding any of those provisions relating to corporation tax on chargeable gains.
2
Expressions used in this Order and in the principal Order have the same meaning in this Order as they have in that Order.
Corporation tax and taxation of company distributions
3
1
Where property, rights, liabilities and functions of a relevant port authority are transferred under Article 4 of the principal Order to a company formed in pursuance of Article 3 of that Order to be the authority’s successor company for the purposes of that Order, the company shall be treated for all purposes of corporation tax as if it were the same person as the authority.
2
Where following the transfer to a company under Article 4 of the principal Order of property, rights, liabilities and functions of a relevant port authority securities of the company are issued or allotted to the authority in pursuance of Article 5 of that Order, the authority shall be treated for the purposes of corporation tax on chargeable gains as if the securities had been issued or allotted to the authority in consideration of the transfer.
3
Where apart from this paragraph an allowable loss (within the meaning of the 1992 Act) would accrue to a former relevant port authority on a disposal on which levy under Article 15(1) of the principal Order is chargeable, the authority shall be treated for the purposes of corporation tax on chargeable gains as if the disposal had been made for a consideration of such amount as would secure that neither a gain nor a loss would accrue to the authority.
4
Any share issued by a company in pursuance of Article 5 of the principal Order shall be treated for the purposes of the tax provisions relating to company distributions as if it had been issued wholly in consideration of a subscription paid to that company of an amount equal to the nominal value of the share.
5
Any debenture issued by a company in pursuance of Article 5 of the principal Order shall be treated for the purposes of the tax provisions relating to company distributions as if it had been issued —
a
wholly in consideration of a loan made to that company of an amount equal to the principal sum payable under the debenture; and
b
wholly and exclusively for the purposes of the trade carried on by that company.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Chappel and Wakes Colne Light Railway Order 1994 and shall come into force on 6th January 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:
“the Board” means the British Railways Board;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport;
“the lease” means the lease granted by the Board on 23rd April 1991 to the Branch Line Preservation Company Limited, any extension of the said lease or any new lease of Railway No.1 granted by the Board to the Museum or the Trading Company;
“the Museum” means the East Anglian Railway Museum, incorporated under the Companies Act 1985 and having its registered office at Chappel and Wakes Colne Station, Colchester, Essex, CO6 2DS;
“the principal Act ” means the Light Railways Act 1896;
“the railways” means Railway No.1 or Railway No.2, or both of them, as the case may require;
“Railway No.1” and “Railway No.2” mean the railways so numbered and described in the Schedule to this Order;
“the Trading Company” means East Anglian Railway Museum (Trading) Limited, a subsidiary of the Museum and formerly known as the Branch Line Preservation Company Limited.
2
In this Order, all distances, lengths, measurements and directions stated in any descriptions of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the principal Act as are still in force shall cease to apply to the railways except for section 22 (Communication between the passengers and the Company’s servants to be provided) of the Regulation of Railways Act 1868 and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 .
2
In its application to the railways the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted.
3
The provisions of section 16 of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes of and are not inconsistent with the provisions of this Order, are incorporated with and form part of this Order.
Power to work railways
4
As from the coming into force of this Order and (in the case of Railway No.1) during the currency of the lease or from the operative date of any transfer under the provisions of article 5 of this Order the Museum may work the railways as light railways under the principal Act and in accordance with the provisions of this Order.
Leasing etc. of Railway No. 1
5
The Board may lease Railway No.1 or any part thereof to the Museum or the Trading Company together with the rights, powers and privileges vested in the Board and relating to Railway No.1 on such terms and conditions as may be agreed between the Board and the Museum or the Trading Company.The Board and the Museum may also enter into and carry into effect agreements providing for the subsequent transfer to and vesting in the Museum of Railway No.1 or any part thereof.
Transfer of rights, etc. to the Museum
6
1
The Museum shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers, privileges and be subject to all obligations of the Board, whether statutory or otherwise for the time being in force in respect of the railways or (in the case of Railway No. 1) such parts thereof as are leased or transferred as aforesaid (insofar as the same are still subsisting and capable of taking effect) to the intent that (subject in the case of Railway No.1 to paragraph (2) of this article) the Board shall be released from all such obligations.
2
Paragraph (1) of this article shall have effect in relation to Railway No.1 during the currency of the lease and from the operative date of any transfer under the provisions of article 5 of this Order.
Gauge of railways and motive power
7
The railways shall be operated on a nominal gauge of 1.435 metres (4 feet 8 1/2 inches) and the motive power shall be steam, diesel, diesel-electric, internal combustion, electric battery, or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Museum to use electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages: Provided also that, if electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of any such apparatus.
Conveyance of passengers
8
No part of the railways shall be used for the conveyance of passengers without prior written permission of the Secretary of State and the Museum shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railways.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
5th January 1994


text:
1
This Order may be cited as the A69 Trunk Road (Haltwhistle Town)(De-Trunking) Order 1994 and shall come into force on 16th December 1994.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes 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;
ii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A69 Trunk Road (Haltwhistle Bypass) Order 1994 ;
iii
“the trunk road” means the Carlisle-Sunderland Trunk Road (A69).
iv
“the plan” means the plan numbered HA 10/2-/N239 marked “The A69 Trunk Road (Haltwhistle Town) (Detrunking) 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.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the County Council of Northumberland that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport
David W. Ward
Director Northern Network Management and Construction Programme Division Highways Agency


text:
1
1
This Order may be cited as the Education Act 1993 (Commencement No. 4) Order 1994.
2
In this Order, “ the Act ” means the Education Act 1993.
2
Section 279 of the Act (inter-authority recoupment) shall come into force on15th June 1994 for the purposes of enbling regulations to be made under section 51(1) to (4) of the Education (No. 2) Act 1986 (as substituted by that section).
3
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st April 1995; and, save as otherwise provided in the first column of that Schedule, they shall come into force on that date for all purposes.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Homewood National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 11th February 1994.
2
In this Order —
“the Authority” means the North West Surrey Health Authority;
“the Trust” means the Homewood 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 July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 11th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
14th January 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Competition) (Defined Activities) (Housing Management) Order 1994 and shall come into force on the day after the day on which it is made.
Defined activities
2
1
Section 2(2) of the Local Government Act 1988 (“ the Act ”) is amended by —
a
the omission of “and” after paragraph (f); and
b
the insertion after paragraph (g) of the following —
, and
h
housing management
.
2
Schedule 1 to the Act is amended by the addition at the end of the following:
Housing management
9
1
Subject to paragraph (2), the following (and only the following) fall within section 2(2)(h) above —
a
dealing with applications for local authority housing once a property has been allocated to the applicant until immediately after the tenancy agreement has been entered into, and dealing with assignments under section 92 of the 1985 Act (assignments by way of exchange) or with assignations to another secure tenant by way of exchange under section 55 of the 1987 Act (assignation of secure tenancy) after the landlord has given his consent;
b
informing local authority housing tenants of the terms of their tenancies and taking steps to enforce any such terms;
c
collecting local authority housing rent and service charges, and service charge loan payments arising from such service charges, keeping a suitable record of the sums collected, collecting any arrears, negotiating an agreement for the payment of any arrears, and monitoring compliance with such an agreement;
d
arranging for the vacating of local authority housing once a tenancy or licence has terminated;
e
inspecting vacant property, assessing whether works are needed prior to the next letting, ensuring that any such works are carried out and reporting on progress to the landlord;
f
taking steps to prevent vandalism and unlawful occupation of vacant property, including ensuring that any necessary works are carried out and reporting on progress to the landlord;
g
taking steps to remove unlawful occupants from local authority housing;
h
assessing the condition of the common parts of local authority housing, assessing the maintenance, repair, cleaning (including disinfestation) and clearance of such parts that is necessary, ensuring that any necessary works are carried out and reporting on progress to the landlord;
i
assessing requests for repairs to local authority housing, ensuring that any necessary works are carried out and reporting on progress to the landlord;
j
carrying out inspections and surveys of local authority housing for the purposes of ascertaining —
i
its physical condition or state of repair, or
ii
whether or not such housing is occupied;
k
assessing claims for compensation under regulations made under section 96 of the 1985 Act or section 60 of the 1987 Act (right to carry out repairs) and making recommendations to the landlord;
l
assessing applications for payment —
i
under regulations made under section 99A of the 1985 Act or section 58A of the 1987 Act (right to compensation for improvements) , or
ii
under section 100 of the 1985 Act or section 58 of the 1987 Act (power to reimburse cost of work adding to value of property), and making recommendations to the landlord;
m
operating reception and security services provided at the entrance to local authority housing; and
n
taking action to control any disturbance in local authority housing or to resolve disputes between occupants, including dealing with such bodies (including appropriate dispute resolution agencies) as may be appropriate.
2
The activities described in sub-paragraphs (1)(a), (d), (g) and (j)(ii) do not fall within section 2(2)(h) above where they relate to a tenancy or prospective tenancy if —
a
the tenant is not an individual or, as the case may be, all the tenants are not individuals; or
b
the tenancy is —
i
a long tenancy within the meaning of section 115 of the 1985 Act,
ii
a lease granted in pursuance of the right to acquire on rent to mortgage terms conferred by Part V of the 1985 Act,
iii
a lease granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or
iv
a lease under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference, direct or indirect, to the value of the demised premises.
3
In this paragraph —
“the 1985 Act” means the Housing Act 1985 ;
“the 1987 Act” means the Housing (Scotland) Act 1987 ;
“local authority housing” means housing accommodation provided by a local authority under Part II of the 1985 Act, or, as regards Scotland, under Part I of the 1987 Act, including —
garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it, and
common parts of buildings containing two or more dwelling-houses,
but excluding hostels as defined in section 622 of the 1985 Act or section 2(5) of the 1987 Act;
“secure tenancy” has the same meaning as in section 79 of the 1985 Act or section 44 of the 1987 Act (secure tenancies);
“service charge” means an amount payable by a tenant of premises which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management;
“tenancy” has the same meaning as in section 621 of the 1985 Act or section 82 of the 1987 Act, and also includes a secure tenancy, and “tenant” shall be construed accordingly; and
“vacant property” means housing accommodation provided by a local authority (including garages, parking spaces and outhouses provided in connection with such housing accommodation and usually enjoyed with it) which is unoccupied, whether by reason of the termination of a secure tenancy or otherwise.
3
For the purpose of interpreting subsection (2)(h) of section 2 of the Act (as inserted by article 2(1) above), section 2 shall be read with the substitution for subsection (6) of the following —
6
Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if the total amount of such work performed by that employee occupies —
a
in the case of an employee who is normally employed for more than 30 hours per week, less than 25% of his working time, or
b
in the case of any other employee, less than 50% of his working time.
Works contracts: transitional provision
4
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within section 2(2)(h) of the Act as if for the date 1st April 1989, wherever occurring in those sections, there were substituted the date specified in the following Table in relation to the area in which it is to be carried out:
Area in which services are to be provided Date to be substituted
England 1st April 1996 Wales 1st October 1997 Scotland 1st April 1998
Signed by authority of the Secretary of State.
G. S. K. Young
Minister of State,
Department of the Environment
21st June 1994
Ian Lang
Secretary of State for Scotland
22nd June 1994
John Redwood
Secretary of State for Wales
22nd June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Greater Manchester Buses North Limited) Regulations 1994 and shall come into force on 30th March 1994.
2
In these Regulations —
“the North Company ” means Greater Manchester Buses North Limited;
“the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Preservation of membership of scheme
2
Notwithstanding regulation 2(3) of the Local Government Superannuation (Membership) Regulations 1993 the admission agreement which Tameside Borough Council has entered into under regulation B3 of the principal Regulations with the North Company on 10th December 1993 shall continue to be treated for the purposes of the principal Regulations as an admission agreement for those employees who are admitted employees by virtue thereof immediately before the coming into force of these Regulations.
Termination of membership of scheme
3
Notwithstanding anything to the contrary in the admission agreement referred to in regulation 2 above, that agreement shall not be terminated by the North Company except by the majority of admitted employees for the time being of that company, voting by ballot in favour of such termination not later than 3 months before that termination.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
28th March 1994


text:
1
These Regulations may be cited as the Aeroplane Noise (Limitation on Operation of Aeroplanes) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
1
The Aeroplane Noise (Limitation on Operation of Aeroplanes) Regulations 1993 shall be amended as follows.
2
In regulation 2(1), at the end of the definition of “the Council Directive”, there shall be added —
(as that Directive has effect in accordance with “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 ”.
3
In regulation 2(1), after the definition of “the Convention”, there shall be addedthe following definitions —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and
.
4
In regulation 9 for the words “a Member State”, in both places they appear, there shall be substituted the words “an EEA State”.
5
In regulation 17 for the words “Member States” there shall be substituted the words “EEA States”.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1994 and shall come into force on 11th April 1994.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Assistance Act 1948;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“1914-18 War Injuries Scheme” has the same meaning as in the Social Security (Overlapping Benefits) Regulations 1979 ;
“Personal Injuries Scheme” and “Service Pensions Instrument” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 .
Sums needed for personal requirements
2
1
Subject to paragraph (2), the sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be £13.10 per week.
2
Paragraph (1) shall not apply to a person who, immediately before 11th April 1994, is a person to whom Part III of Schedule 1 to the National Assistance (Assessment of Resources) Regulations 1992 applies and whom a local authority determines is at that time liable to pay for his accommodation a protected amount within the meaning of that Schedule.
3
The sum which under section 22(4) of the Act a local authority shall assume that a person to whom paragraph (2) applies will need for his personal requirements shall be £13.10 per week, except that in the case of any such person to whom there is payable —
a
an attendance allowance by virtue of any entitlement thereto under section 64 of the Contributions and Benefits Act;
b
a constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914-18 War Injuries Scheme; or
c
the care component of a disability living allowance by virtue of any entitlement thereto under section 72 of the Contributions and Benefits Act,
that sum shall be increased by the amount per week which is payable in respect of that allowance or component, unless that amount is disregarded in an assessment of that person’s income by virtue of regulation 15(2) of, and paragraph 6 of Schedule 3 to, the National Assistance (Assessment of Resources) Regulations 1992 .
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1993 are hereby revoked.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
21st March 1994


text:
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 and shall come into force on 10th June 1994.
2
For paragraph (1) of regulation 15 of the Road Vehicles (Registration and Licensing) Regulations 1971 , there shall be substituted the following paragraphs: —
1
The Secretary of State may make any particulars contained in the register available for use —
a
by a local authority for any purpose connected with the investigation of an offence or of a decriminalised parking contravention;
b
by a chief officer of police; or
c
on payment of a fee of such amount as the Secretary of State considers to be reasonable in the circumstances of the case, by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.
1A
In paragraph (1) above “a decriminalised parking contravention”means any act or omission which would have been an offence but for any of the following provisions of the Road Traffic Act 1991 , that is to say —
a
section 65 (contravention of certain orders relating to parking places in London not to be a criminal offence);
b
section 76(3) (provisions creating certain stationary vehicle offences to cease to apply in special parking areas in London);
c
paragraph 1(4) of Schedule 3 (contravention of certain orders relating to parking places outside London not to be a criminal offence); and
d
paragraph 2(4) of Schedule 3 (provisions creating certain stationary vehicle offences to cease to apply in special parking areas outside London).
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
19th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railways (Registers) Order 1994 and shall come into force on 1 April 1994.
2
In this Order —
“ the Act ” means the Railways Act 1993;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which are situated the premises at which the Regulator’s register, or, as the case may be, the Franchising Director’s register, is for the time being maintained;
“emergency” includes power failure;
“the Franchising Director’s register” means the register maintained by the Franchising Director pursuant to section 73 of the Act;
“the Regulator’s register” means the register maintained by the Regulator pursuant to section 72 of the Act;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday, a bank holiday or an official holiday.
Hours at which the registers are to be open for inspection
2
The contents of the Regulator’s register and the contents of the Franchising Director’s register shall be available for inspection by the public, without payment of any fee, between 10.00 am and 4.00 pm on each working day except when the premises, at which the Regulator’s register, or, as the case may be, the Franchising Director’s register, is maintained, are closed by reason of an emergency.
Fee for certified copy
3
The fee for the supply of a copy of, or an extract from, any part of the Regulator’s register certified by the Regulator to be a true copy or extract, or any part of the Franchising Director’s register certified by the Franchising Director to be a true copy or extract, shall be £2.00 together with 10p for each page supplied.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Milton Keynes Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order–
“the Authority” means the Buckinghamshire Health Authority;
“the Trust” means the Milton Keynes Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 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
1st July 1994


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Gloucester Harbour Revision Order 1994 and shall come into force on 23rd December 1994.
2
The Gloucester Harbour Orders 1889 to 1990 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 1994.
Interpretation
2
In this Order, unless the context otherwise requires —
“appointing authority” means the person or persons by whom one or more trustees may be appointed in accordance with paragraphs (1) and (2) of article 3 of this Order;
“dredging licence” means a licence under article 20 of this Order;
“general direction” means a direction given under article 10 of this Order;
“the harbour” means the harbour of Gloucester within the limits prescribed by article 10 (Limits of harbour) of the Gloucester Harbour Revision Order 1988 ;
“harbour master” means any person appointed as such by the Trustees and includes authorised deputies and assistants of a person so appointed;
“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;
“the new constitution date” means 1st August 1996;
“operator” and “telecommunications code system” have the meanings given by paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984 ;
“special direction” means a direction given under article 11 of this Order;
“statutory undertaker” means —
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;
any other person who has a duty or power under the Land Drainage Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ;
any operator of a telecommunications code system;
“tidal work” means so much of any work belonging to the Trustees as is on, under or over tidal waters or tidal lands below the level of high water;
“the Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the Trustees” means the Gloucester Harbour Trustees;
“vessel” means a ship, boat, raft or water craft of any description and includes non-displacement craft, a seaplane and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily), a hovercraft or any other amphibious vehicle;
“works” means works of any description; and
“works licence” means a licence under article 19 of this Order.
PART II
NEW CONSTITUTION
Constitution of Trustees
3
1
On and after the new constitution date the Trustees shall consist of not less than ten, nor more than thirteen, persons of whom ten shall be appointed as follows —
a
three by the British Waterways Board;
b
one, representative of shipowning interests trading to or within or using the harbour, jointly by the Chamber of Shipping and the Institute of Chartered Shipbrokers;
c
one, representative of commercial interests other than the British Waterways Board trading to or within, or dependent upon, the harbour, by the Trustees holding office under the other sub-paragraphs of this paragraph after consultation with persons appearing to them to be representative of those commercial interests;
d
one, representative of yachting interests, by the Royal Yachting Association;
e
one by Nuclear Electric plc;
f
one by the Gloucestershire County Council;
g
one by the Gloucester City Council;
h
one by the Stroud District Council.
2
a
There shall be added to the persons appointed under paragraph (1) above one person, representative of pilots, appointed by the Amalgamated Gloucester Pilots or, if that body ceases to have an identifiable existence, by the Trustees holding office under paragraph (1) above after consultation with other persons appearing to them to be representative of pilots.
b
A person appointed under this paragraph shall cease forthwith to hold office and sub-paragraph (a) above shall cease to have effect if a majority of the authorised pilots for the harbour become employed by the Trustees under contracts of employment.
3
In default of an appointment under paragraph (1)(b) above in accordance with paragraph (1) of article 4 of this Order, the trustees holding office under paragraphs (1) and (2) above shall, at a meeting at which not less than six of them are present, appoint a person appearing to them to be representative of shipowning interests.
4
The trustees holding office under paragraphs (1) to (3) above may, at a meeting at which not less than six of them are present, appoint not more than two persons as additional trustees being in each case a person who in the opinion of the trustees appointing them has knowledge or experience which would be of value to the Trustees in the discharge of their functions; but a trustee holding office in right of an appointment made under this paragraph shall not vote respecting any appointment proposed under this paragraph.
5
a
A person appointed under paragraph (1)(b), (c) or (d) or 2(a) or (3) above shall be a person who appears to the person or persons appointing him to have had wide experience of, and shown capacity in, the interests to be represented by the person to be appointed or to have had in some other respect knowledge or experience which would be of value to the Trustees in the discharge of their functions.
b
In appointing a person under paragraph (1)(b), (c) or (d) or (3) or (4) above, the person or persons appointing him shall have regard to the desirability of appointing someone who is familiar with the special requirements and circumstances of the areas predominantly served by the undertaking of the Trustees.
Appointment of Trustees
4
1
Each appointing authority shall not later than the new constitution date and not later than 1st June in every third year thereafter, appoint one or more persons in accordance with article 3 of this Order.
2
Each trustee so appointed shall (unless he shall previously die or resign) hold office from 1st August next following his appointment for a term of three years and upon ceasing to hold office shall be eligible for reappointment.
3
Each trustee appointed under paragraph (3) or (4) of article 3 shall (unless he shall previously die or resign) hold office for such period as may be fixed by the Trustees in making his appointment.
Provisions applying to Trustees
5
On and after the new constitution date the Schedule to this Order shall have effect with respect to the Trustees.
PART III
POWERS OF TRUSTEES
General powers of Trustees
6
Without prejudice to any other power conferred upon the Trustees but subject to the provisions of this Order, the Trustees may take all such steps from time to time as they consider necessary or desirable for the maintenance, operation and improvement of the harbour and for those purposes and without prejudice to the generality of the foregoing the Trustees may —
a
improve, regulate and manage the harbour and provide harbour facilities therein; and
b
do all other things which in their opinion are expedient to facilitate the operation, improvement or development of the harbour.
Navigation aids
7
1
Subject to the provisions of this article, the Trustees may erect or place, alter, discontinue or remove aids to navigation within the harbour and, upon obtaining any necessary interest in land, in any place adjacent to the harbour.
2
The Trustees shall not exercise the powers of paragraph (1) above in any place adjacent to the harbour without the approval of the Trinity House nor within the harbour limits of any other harbour authority or on land immediately adjacent thereto without the approval in writing of that authority.
3
In this article, “aids to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same.
Removal of obstructions other than vessels
8
1
The Trustees may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbour or any approach thereto and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction or interference.
2
If anything removed by the Trustees under paragraph (1) above is so marked as to be readily identifiable as the property of any person, the Trustees shall, within 28 days of its coming into their custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Trustees, possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Trustees.
3
a
Notwithstanding the provisions of paragraph (2) above the Trustees may, at such time and in such manner as they think fit, dispose of anything removed under paragraph (1) above which is not so marked as to be readily identifiable as the property of any person or which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.
b
If anything disposed of by the Trustees under this paragraph is sold, the Trustees may retain out of the proceeds of sale any expenses incurred by them under this article, and any surplus —
i
shall be paid to any person who within three months from the time when the thing came into the custody of the Trustees proves to the reasonable satisfaction of the Trustees that he was the owner thereof at that time; or
ii
if within the said period no person proves his ownership at the said time, shall vest in the Trustees.
4
If the proceeds of sale of anything removed under this article are insufficient to reimburse the Trustees for the said expenses, or there is no sale because the thing is unsaleable, the Trustees may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Trustees or who was the owner at the time of its abandonment or loss.
Repair of landing places etc.
9
1
In this article, “relevant feature” means any landing place, embankment, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than one under the control or management of the Trustees.
2
The Trustees may by notice require the owner or occupier of a relevant feature which in the opinion of the Trustees is, or is likely to become, by reason of its insecure condition or want of repair —
a
dangerous to persons or vessels using the harbour; or
b
a hindrance to the navigation of the harbour; to remedy its condition to the satisfaction of the harbour master within a reasonable time (not being less than 21 days) specified in the notice.
3
If a person to whom notice is given under this article fails to comply with the notice within the time stated in the notice or such other time as the Secretary of State on an appeal may substitute therefor —
a
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
b
the Trustees may carry out the work required by the notice and may recover the expenses of so doing from the person on whom the notice was served.
4
A notice under this article shall have annexed to it a copy of this article.
5
A person aggrieved by a notice served by the Trustees under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal to the Secretary of State against the notice.
6
An appeal under paragraph (5) above shall be made by notice in writing stating the grounds of the appeal.
7
A person who appeals under paragraph (5) above shall give to the Trustees notice of his appeal accompanied by a copy of his statement of appeal; and the Trustees shall, within 21 days of receipt of the notice, be entitled to furnish to the Secretary of State their observations on the appeal.
8
On an appeal under paragraph (5) above, the Secretary of State shall either quash the notice, modify its requirements or dismiss the appeal.
General directions to vessels
10
1
The Trustees may, after consultation with the Chamber of Shipping and the Royal Yachting Association, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation and the safety of persons and property in the harbour and, without prejudice to the generality of the foregoing, for any of the following purposes —
a
for designating areas, routes or channels in the harbour which vessels are to use or refrain from using for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for securing that vessels make use of descriptions of navigation aids specified in the direction;
d
for prohibiting —
i
entry into or movement in the harbour by vessels at times of poor visibility due to the weather or any other condition;
ii
entry into the harbour by a vessel which for any reason would be or be likely to become a danger to other vessels in the harbour; and
iii
entry into or navigation within any main navigation channel during any temporary obstruction thereof;
e
requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for effecting any of the purposes of this paragraph.
2
Any direction given under this article shall be consistent with and without prejudice to any regulations made by the Secretary of State under section 31 of the Severn Bridges Act 1992 .
3
A direction under this article may apply —
a
to all vessels or to a class of vessels designated in the direction; or
b
to the whole of the harbour or to a part designated in the direction; or
c
at all times or at times designated in the direction; and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) of this paragraph.
4
The Trustees may, after consultation with the Chamber of Shipping and the Royal Yachting Association, revoke or amend any general direction.
Special directions to vessels
11
1
A direction under this article may be given by the harbour master to a vessel anywhere in the harbour, requiring it to comply with a requirement made in or under a general direction and, so far as required for the ease, convenience or safety of navigation, for either of the following purposes —
a
regulating or requiring the movement, mooring or unmooring of a vessel;
b
regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship’s stores otherwise than at a dock or pier.
2
A direction under this article may be given in any manner considered by the harbour master to be appropriate.
Publication of general directions
12
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in an emergency, be published by the Trustees as soon as practicable once in Lloyd’s List newspaper or some other newspaper specialising in shipping news and, if the notice relates to the giving or amendment of a direction, shall state a place at which copies thereof may be inspected and bought and the price thereof.
2
In an emergency, notice of the giving of a general direction or of the amendment or revocation of a general direction may be given in any manner considered by the harbour master to be appropriate.
Failure to comply with directions
13
1
The master of a vessel who fails to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
In any proceedings for an offence under paragraph (1) of this article it shall be a defence for the person charged that he had reasonable grounds for believing that non-compliance with the direction in question was necessary to secure the safety of any vessel or to prevent injury to any person or damage to any vessel or cargo, or that in the circumstances compliance was impracticable.
Enforcement of directions
14
1
Without prejudice to any other remedy available to the Trustees, if a special direction is not complied with within a reasonable time, the harbour master may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but the powers of this paragraph shall not be exercised in relation to a vessel unless, after reasonable enquiry has been made, the master cannot be found.
3
Expenses incurred by the Trustees in the exercise of the powers conferred by this article shall be recoverable by them as if they were a charge of the Trustees in respect of the vessel.
Master’s responsibility in relation to direction
15
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board, to its cargo or to any other person or property.
Byelaws
16
1
In addition to the byelaws which may be made by the Trustees under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 the Trustees may, from time to time, make such byelaws as they think fit with reference to all or any of the following —
a
regulating the navigation, berthing, mooring, careening and beaching of vessels and their speed and manner of navigation within the harbour;
b
preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour and to navigation aids of every description which are used in connection with the harbour;
c
regulating the conduct of all persons within the harbour not being members of a police force or officers or servants of the Crown whilst in exercise of their duties;
d
regulating the placing, maintenance and use of moorings within the harbour;
e
preventing and removing obstructions or impediments within the harbour;
f
prohibiting or regulating the discharge of ballast, ashes, refuse, rubbish and other materials in the harbour;
g
regulating vessels in the harbour and their entry into, use of and departure from the harbour and, without prejudice to the generality of the foregoing, prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
h
regulating or prohibiting the activities within the harbour of divers, surfers, water-skiers, jet-skiers and other persons engaged in similar recreational pursuits;
i
prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour; and
ii
by vessels used for marking obstructions within the harbour;
j
regulating the launching of vessels within the harbour;
k
regulating or prohibiting the use of fire and lights within the harbour and within any vessel within the harbour;
l
regulating the movement, speed and parking of vehicles within the harbour;
m
regulating the control of domestic animals within the harbour.
2
In this article, “signals” includes sound and electronic signals.
3
Byelaws made under this article may —
a
provide for imposing upon persons offending against them fines not exceeding level 3 on the standard scale;
b
relate to the whole of the harbour or any part thereof;
c
make different provisions for different parts of the harbour, or in relation to different classes of vessels.
4
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Trustees under this article as if the Trustees were a local authority and the clerk to the Trustees were a proper officer of a local authority; but, subject to paragraph (5) below, the Secretary of State may confirm the byelaws with such modifications as he thinks fit.
5
Where the Secretary of State proposes to make a modification which appears to him to be substantial, then —
a
he shall inform the Trustees and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
b
he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the Trustees and other persons who have been informed of the proposed modification to consider and comment on it.
6
Section 12 (Inquiries) of the Gloucester Harbour Order 1959 shall be amended by the substitution of the words “article 16 (Byelaws) of the Gloucester Harbour Revision Order 1994” for the words “section 9 (Byelaws) of the Gloucester Harbour Revision Order 1988”.
PART IV
CONTROL OF WORKS AND DREDGING IN THE HARBOUR
Restriction of works and dredging
17
1
Subject to paragraph (3) below, no person other than the Trustees shall —
a
construct, alter, renew or extend any works in the harbour; or
b
dredge in the harbour; on, under or over tidal waters or tidal land below the level of high water unless he is licensed so to do, in the case of works by a works licence and in the case of dredging by a dredging licence, and no such person shall do so except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 19 or, as the case may require, article 20 of this Order.
2
The Trustees may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site thereof to its former condition; and if he fails to comply with the notice, the Trustees may carry out the works so required and may recover from him the cost of so doing.
3
Nothing in this article shall apply to —
a
any operations or works specifically authorised by any enactment; or
b
any operations or works of a statutory undertaker.
4
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Control of certain operations and works of statutory undertakers
18
1
This article applies to any operations or works in the harbour of a statutory undertaker on, under or over tidal waters or tidal land below the level of high water, not being operations or works which are specifically authorised by any enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Trustees and has supplied the Trustees with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Trustees of the operations or works as soon as reasonably practicable.
4
Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Trustees to the statutory undertaker, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works.
5
Any person who, without reasonable excuse, contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of works
19
1
The Trustees may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with the public right of navigation or any other public right by such works as constructed, altered, renewed, or extended.
2
Application for a works licence shall be made in writing to the Trustees and shall —
a
be accompanied by plans, sections and particulars of the works to which the application relates;
b
specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted;
and, in granting a licence, the Trustees may require modifications in the plans, sections and particulars so submitted.
3
The Trustees may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application.
4
The Trustees may require a licensee, being an applicant to whom a licence has been granted or his successor, where works are constructed pursuant to the licence and as a condition of the grant of the licence to pay such reasonable fees in respect of the Trustees' administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.
5
a
On receipt of an application for a works licence the Trustees shall serve on the National Rivers Authority a copy of the application and all plans, sections and particulars incidental thereto.
b
The Trustees shall consider such observations as the National Rivers Authority may submit to the Trustees within six weeks after service on the National Rivers Authority of the application and particulars in accordance with paragraph (a) above, and the Trustees shall not grant a works licence before the expiry of that period.
c
In granting a works licence the Trustees shall impose on the applicant such terms and conditions as give effect to such reasonable requirements as the National Rivers Authority may, within the said period, make in any observations to the Trustees to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired.
d
The provisions of subparagraph (c) above are subject to the Trustees' duty under paragraph (5) of article 21 of this Order to give effect to any direction given by the Secretary of State under that paragraph.
6
Where the Trustees refuse to grant a works licence which has been applied for, they shall give reasons in writing for their refusal.
7
Where the Trustees grant a works licence upon terms or conditons or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
8
If within three months from the receipt of the application under paragraph (2) above the Trustees do not grant a works licence they shall be deemed to have refused the application.
9
Articles 23 to 26 of this Order shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Trustees as respects works belonging to the Trustees.
10
In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not —
a
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;
without the consent of the statutory undertaker concerned.
11
Nothing in this article affects the application in relation to any works of section 109 of the Water Resources Act 1991 (obstruction of a main river).
Licence to dredge
20
1
The Trustees may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the harbour.
2
Application for a dredging licence shall be made in writing to the Trustees and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence and, in granting any such licence, the Trustees may require modifications in the plans, sections and particulars so submitted.
3
Paragraphs (3) to (8), (10) and (11) of article 19 of this Order shall apply in relation to a dredging licence as they apply in relation to a works licence.
4
The grant of a dredging licence shall not confer statutory authority for the carrying out of the operations covered by the licence.
Appeals in respect of works or dredging licence
21
1
An applicant for a works licence or a dredging licence who is aggrieved by —
a
a refusal of the Trustees to grant a licence; or
b
any terms or conditions subject to which the licence is granted; or
c
any modifications required by the Trustees in the plans, sections and particulars submitted by the applicant;
may, within 28 days from the date on which the Trustees notify the applicant of their decision or the date on which the Trustees are, under article 19(8) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of the appeal.
3
The appellant shall send to the Trustees a copy of the notice of his appeal;
and the Trustees may, within 28 days of the receipt of the notice, furnish to the Secretary of State their observations on the appeal.
4
The Secretary of State may confirm, vary or revoke the decision appealed against and may make such consequential amendment as he may specify.
5
The Secretary of State may direct the Trustees to give effect to his decision, and the Trustees shall forthwith comply with any direction given.
Lights on tidal works during construction
22
1
The Trustees shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or relaying thereof, 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 shall from time to time direct.
2
If the Trustees 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 the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
23
1
In the case of injury to, or destruction or decay of, a tidal work or any part thereof the Trustees shall as soon as reasonably practicable notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House may from time to time direct.
2
If the Trustees fail to notify the Trinity House as required by this article or to comply with any requirement of a direction under it, the Trustees shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
24
1
Where a tidal work constructed after the coming into force of this Order is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Trustees 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 he thinks fit.
2
Where —
a
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
b
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 may include that part of the work, or any portion thereof, in any notice under this article.
3
If, at the end of 30 days from the date when a notice under this article is served upon the Trustees, they have failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Trustees.
Survey of tidal works
25
If he deems it expedient, the Secretary of State may at any time 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 him in any such survey and examination shall be recoverable from the Trustees.
Permanent lights on tidal works
26
1
After the completion of a tidal work the Trustees 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 the Trinity House may from time to time direct.
2
If the Trustees 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 the statutory maximum and on conviction on indictment to a fine.
PART V
MISCELLANEOUS
Crown rights
27
1
Nothing in this Order shall affect 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 in this Order 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 part 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 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.
For protection of National Rivers Authority
28
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of section 109 of the Water Resources Act 1991, section 23 of the Land Drainage Act 1991 or any byelaws made under those Acts in relation to anything done under or pursuant to this Order.
Saving for Trinity House
29
Nothing in this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of the Trinity House.
Defence of due diligence
30
1
In proceedings for an offence under any provision of this Order mentioned in paragraph (2) below, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The provisions referred to in paragraph (1) above are the following —
article 22;
article 23;
article 26.
3
If in any case the defence provided under paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession, identifying, or assisting in the identification of, that other person.
Repeals
31
1
The following provisions shall cease to have effect on the coming into force of this Order —
a
in the Gloucester Harbour Order 1890 , section 18 (Power to make byelaws);
b
in the Gloucester Harbour Order 1963 , section 9 (Harbourmaster may give directions as to mooring) and; section 10 (Directions of harbourmaster need not be in writing);
c
in the Gloucester Harbour Revision Order 1988 , article 9 (Byelaws).
2
The following provisions shall cease to have effect on the new constitution date —
a
in the said Order of 1890, section 9 (Part of Commissioners Clauses Act 1847 incorporated);
b
in the said Order of 1988, article 3 (Constitution of Trustees) and; article 4(1), (2) and (4) (Appointment of Trustees);
c
the Gloucester Harbour Revision Order (Amendment) Order 1990 .
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
9th December 1994


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (National Health Service) Order 1994 and shall come into force on 8th November 1994.
Application of Part I of the 1990 Act to the Isles of Scilly
2
Part I of the National Health Service and Community Care Act 1990 shall apply to the Isles of Scilly.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) (No. 3) Order 1994 and shall come into force on 1st October 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st October 1994;
“the new authority” means the Wigan and Bolton Health Authority, being an authority established by the National Health Service (District Health Authorities) (No. 3 Order) 1994 ;
“the old authorities” means Bolton Health Authority and Wigan Health Authority, the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 .
Variation of districts
2
1
Bolton District and Wigan District are hereby abolished, and there is determined a new district to be known as Wigan and Bolton District comprising the former Bolton District and the former Wigan District.
2
Accordingly —
a
in Part II of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 the entries in columns (1), (2), (3) and (4) relating to Bolton District and Wigan District are omitted; and
b
in Part I of that Schedule, after the entry relating to West Pennine District there are inserted in columns (1), (2) and (3) the entries set out in the Schedule to this Order.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by either of the old authorities is transferred on the material date to the employment of the new authority, and the contract of employment of that officer is modified so as to substitute as the employer the new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by either of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the new authority as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by either of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against either of the old authorities is enforceable by or against the new authority.
Winding up of affairs of old authorities
6
It is the duty of the new authorities to take, in accordance with such directions as may be given by the North West Regional Health Authority, such action as may be necessary for the winding up of the affairs of the old authorities.
Accounts of old authorities
7
Any duty imposed on either of the old authorities by section 98(a) of the Act, but not performed by the material date, shall be performed by the new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, either of the old authorities is deemed to have been duly done by, or made by or given to or by, the new authority.
2
Any instrument made by either of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the new authority.
3
Any form supplied by either of the old authorities and any form supplied by the Secretary of State relating to either of the old authorities continues to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the new authority, as if any reference contained in the form to either of the old authorities were a reference to the new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of either of the old authorities are, immediately before the material date, authorised to be made available under section 65(a) of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to either of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and to the North West Regional Health Authority.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in either of the old authorities shall on the material date be transferred to the new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in either of the old authorities, that power vests on the material date in the new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with either of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the new authority.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
5th September 1994


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) Order 1994 and shall come into force on 8th February 1994.
Designation of bodies
2
Each of the following bodies, being a person appearing to the Secretary of State for Wales and the Secretary of State for the Environment to be exercising functionsof a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:
Development Board for Rural Wales
Welsh Development Agency
Restrictions on agreements which may be entered into
3
Agreements which may be entered into by a body by virtue of this Order shall be restricted to agreements with a local authority for the provision of administrative, professional or technical services, by that authority to that body.
John Redwood
Secretary of State for Wales
13th January 1994
John Gummer
Secretary of State for the Environment
17th January 1994


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Amendment of regulations
2
1
The Environmental Protection (Waste Recycling Payments) Regulations 1992 shall be amended as follows.
2
For regulation 2(2) there shall be substituted the following:
2
The authority’s net saving of expenditure shall be an amount equal to the expenditure which it would have incurred in disposing of the waste at a cost per tonne equal to its average cost per tonne at the relevant time of disposing of similar waste using its most expensive disposal method for waste collected in the relevant area.
2A
In paragraph (2) above, “the relevant area” means the waste collection authority area in which the waste in question is collected or, where the waste in question is collected by a person other than a waste collection authority in the area of more than one waste collection authority and it is not reasonably practicable for that person to determine how much of that waste was collected in each such area, the area consisting of the areas of all those waste collection authorities.
.
3
For the Schedule there shall be substituted —
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. The council of an inner London borough. The Common Council of the City of London. £34.52 A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough. £29.28 The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district. £23.02 Any other waste disposal authority. £16.74 where the authority incurs any transport costs in disposing of similar waste and £9.42 in other cases.
.
Signed by authority of the Secretary of State for the Environment
Robert Atkins
Minister of State,
Department of the Environment
25th February 1994
John Redwood
Secretary of State for Wales
25th February 1994
Signed by authority of the Secretary of State
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid-Staffordshire General Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the Mid-Staffordshire Health Authority;
“the Trust” means the Mid-Staffordshire General Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 19th August 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sandwell Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sandwell 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 Sandwell Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Sandwell District General Hospital, Lyndon, West Bromwich B71 4HJ and associated hospitals;
b
to manage community health services provided from 48 Lodge Road, West Bromwich B70 8NY and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of 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 Sandwell Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Sandwell 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 Sandwell Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hereford and Worcester Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Worcester and District Health Authority;
“the Trust” means the Hereford and Worcester Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 25th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th 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
18th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Grimsby Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the Grimsby and Scunthorpe Health Authority;
“the Trust” means the Grimsby Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th 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
12th May 1994


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1994 and shall come into force on 22nd July 1994.
Specified bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgages and contributions to mortgage costs) —
a
Alliance & Leicester Mortgage Loans (No. 2) Limited;
b
Alliance & Leicester Mortgage Loans (No. 3) Limited;
c
Alliance & Leicester Mortgage Loans (No. 4) Limited;
d
Britannia Mortgage Company Number One Limited;
e
Britannia Mortgage Company Number Two Limited;
f
Collateralised Mortgage Securities (No. 16) PLC ;
g
Saffron Walden Mortgage Services Limited;
h
Stroud and Swindon Mortgage Company (No. 2) Limited.
Variation of previous Order
3
The words “(a) Barshelfco No. 15 Limited” shall be omitted from article 2 of the Mortgage Indemnities (Recognised Bodies) Order 1991 .
Signed by authority of the Secretary of State.
G. S. K. Young
Minister of State,
Department of the Environment
28th June 1994
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 1994


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1994 and shall come into force on 1st November 1994.
Amendment of the National Health Service (General Medical Services) Regulations 1992
2
1
The National Health Service (General Medical Services) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In Schedule 10 (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be omitted —
Algipan
Beecham Coughcaps
Benylin Chesty Cough Linctus
Benylin Decongestant Linctus
Benylin Dry Cough Linctus
Biocare Hepaguard Capsules
Bioflav Compound Tablets
Bioflav Compound + C Tablets
Cremalgin
Diazepam oral solution 5mg/ml
Diazepam oral suspension 5mg/ml
Fluimucil
FSC Super B-Supreme High-Potency Capsules
Halibut Oil A & D Capsules
Health+Plus Compound B Tablets
Healthilife Vitamin E Soya Free Tablets
Hill’s Junior Balsam
Hydrox Hand Rub
Junior Disprol Suspension
Lanes Lecigran Capsules
Lemsip Night-Time Liquid
Midro-Tea Power
Nicotine Patch
Phor Pain Tablets
Phor Pain Double Strength Tablets
Protofibe Tablets
Quest Supa-Mega B-50 Timed Release Tablets
Quest Supa-Mega B + C Complex Tablets
Radian B Liniment
Radian B Rub
Savlon Baby Care Baby Bath
Savlon Baby Care Lotion
Savlon Baby Care Oil
Savlon Baby Care Powder
Savlon Baby Care Shampoo
Savlon Baby Care Soap
Seba-Med Liquid Cleaner
Softtab Soft Lens Care Tablets
Spectraban 10 Lotion
Sun Yums Gluten Free & Dairy Free Muffins
Vicks Vaposyrup Childrens; and
b
the following entries shall be inserted at such places in the alphabetical order of the entries in that Schedule as are appropriate —
Algipan Rub
Arret Capsules
Audax Ear Drops
Benylin Chesty Coughs Original
Benylin Children’s Coughs
Benylin Cough & Congestion
Benylin Day & Night Tablets
Benylin Dry Coughs Original
Biocare Hep 194 (Hepaguard) Capsules
Bioflav Complex Tablets
Bioflav Complex + C Tablets
Boots Nasal Spray
Contac Coughcaps
Cremalgin Balm
Dermacort Cream
Diazepam oral solution 5mg/5ml
Diazepam oral suspension 5mg/5ml
Diocalm Ultra Capsules
Dioctyl Ear Drops
Disprol Infant Suspension
Fefol Spansule Capsules
Fefol Z Spansule Capsules
Feospan Spansule Capsules
Fergon Tablets
Ferrocap Capsules
Ferrocap F-350 Capsules
Fluimucil Granules
Folicin Tablets
FSC Super B-Supreme High-Potency Tablets
Halibut Oil A & D Capsules (G R Lane Health Products)
HC45 Cream
Health+Plus Complex B Tablets
Healthilife Vitamin E Soya Free Capsules
Hill’s Balsam Children’s Mixture for Chesty Coughs
Hydrex Hand Rub
Kaodene Suspension
Lanacort Cream
Lanacort Ointment
Lanes Lecigran Granules
Ledercort Cream
Lemsip Flu Strength Night Time Formula
Midro-Tea Powder
Nasal Drops for Children (Boots)
Nezeril Nose Drops (single dose pipette)
Niconil Transdermal Patch
Nicotine Patch (QHR Limited)
Niferex 150 Tablets
Phor Pain
Phor Pain Double Strength
Pregnavite Forte F Tablets
Proctofibre Tablets
Quest Super Mega B-50 Timed Release Tablets
Quest Super Mega B + C Tablets
Radian-B Liniment
Radian-B Rub
Seba-Med Facial Wash
Softab Soft Lens Care Tablets
Vicks Vaposyrup Childrens Dry Cough
Zenoxone Cream.
3
In Schedule 11 (drugs to be prescribed under pharmacuetical services only in certain circumstances) —
a
the entry relating to Pregnavite Forte F Tablets shall be omitted; and
b
after the entry relating to Cyanocobalamin, there shall be inserted in columns 1, 2 and 3 respectively the following —
Niferex Elixir 30ml Paediatric Dropper Bottle Infants born prematurely Prophylaxis and treatment of iron deficiency Nizoral Cream Any patient Treatment of seborrhoeic dermatitis and pityriasis versicolor
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th October 1994.


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Republic of Bulgaria) Order 1994. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) (Amendment) Regulations 1994 and shall come into force on 9th December 1994.
Amendments to the Principal Regulations
2
Schedule 1 to the The Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) Regulations 1994 is amended as follows: —
a
paragraph E of page 2 shall be amended by adding the word ‘mlwydd’ after the number ‘10’;
b
in paragraph F of page 2 for the words ‘yn unig … teulu’ there shall be substituted the words ‘yn unig neu'n brif breswylfan i chi neu i aelod o'ch teulu’;
c
in paragraph H of page 2 for the word ‘prydles’ there shall be substituted the words ‘rhydd–ddaliad’.
d
paragraph 3.9 of page 7 shall be amended by adding the word ‘felly’ after the word ‘chofrestru’;
e
paragraph 3.16 of page 8 and paragraph 3.14 of page 50 shall be amended by deleting the first reference to ‘hefyd’;
f
paragraph 3.22 of page 9, paragraph 3.22 of page 30 and paragraph 3.20 of page 50 shall be amended by adding the words ‘ond wedi peidio a'i gofrestru felly’ after the second reference to the word ‘ddall’;
g
paragraph 3.49 of page 13, paragraph 3.49 of page 35 and paragraph 3.47 of page 55 shall be amended by adding the word ‘parod’ after the words ‘cynilion mewn arian’;
h
paragraph 15 of page 18 shall be amended where the words ‘brif breswylfan’ first appear by adding ‘yr ymgeisydd’ after the words ‘brif breswylfan’;
i
in paragraph 27 of page 19 for the words ‘na fuoch’ there shall be substituted the word ‘ydych’.
j
paragraphs 33 and 43 of page 20 shall be amended by adding the word ‘diwethaf’ after the words ‘pum wythnos’;
k
paragraph E of page 23 shall be amended by adding the words ‘bod bwriad’ before the words ‘i'r annedd’. There shall also be deleted therein the words ‘, neu rhaid bod bwriad iddo fod,’;
l
the final sentence of paragraph 7 of page 38 shall be deleted;
m
in paragraph I of page 44 and paragraph 2.3 of page 47 for the word ‘rhyddfraint’ there shall be substituted the word ‘rhydd–ddaliad’;
n
in paragraph 1.9 of page 46 for the word ‘i'r’ there shall be substituted the words ‘i unrhyw ran o'r’;
o
in paragraph 2.2 of page 47 for the word ‘ie’ there shall be substituted the word ‘ydwyf’, and for the word ‘nage’ there shall be substituted the words ‘nac ydwyf’;
p
in paragraph 2.10 of page 47 for the word ‘ydyf’ there shall be substituted ‘ydwyf’;
q
paragraph 13 of page 59 shall be amended by adding the words ‘ar wahân’ after the word ‘prydlesol’;
r
in paragraph 17 of page 59 for the words ‘Hwyrach yr hoffech amgau’, there shall be substituted the word ‘Amgaewch’;
s
in paragraph 1.3 of page 65 for the words ‘unrhyw gais blaenorol am grant’ there shall be substituted the words ‘cais blaenorol am unrhyw grant’;
t
in paragraph 9 of page 70 for the words from ‘tŷ’ to the end of the sentence there shall be substituted the words ‘aml–ddaliadaeth. Dylech holi'r Cyngor ynglŷn â hyn’;
u
in paragraph 16 of page 71 the word ‘mae’ shall be deleted. For the word ‘yn’ before the word ‘rhywun’ there shall be substituted the word ‘yw’;
v
paragraph 20 of page 71 shall be amended by adding the word ‘yr’ before the word ‘elusen’;
w
in paragraph 24 for the words ‘Gall fod o gymorth i chi’ there shall be substituted the word ‘Dylech’;
x
paragraphs 25 and 26 shall be amended by deleting the final sentence from paragraph 26 and adding it on to the end of paragraph 25.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under–Secretary of State, Welsh Office
24th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newham Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st February 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 21st February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Newham 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 Newham 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 Newham General Hospital, Glen Road, Plaistow, London E13 8SL and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of 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 East London and The City 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 East London and The City 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 East London and The City 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
11th February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Allington National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the Allington 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 26th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th September 1994