text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Enfield) Red Route Experimental Traffic Order 199 — , and shall come into force on 9th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop” ) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand” ) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus” , “local service” , “scheduled express service” , “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Enfield (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and the Enfield (Restriction of Waiting on Bus Stops) (Priority Routes and Side Roads) Order 1994 are hereby suspended, in so far as their provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Enfield (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and the Enfield (Restriction of Waiting on Bus Stops) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
25th August 1995


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1995 and shall come into force on 1st August 1995.
2
1
In these Regulations —
“the Act of 1948 ” means the Merchant Shipping Act 1948 ;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967 ;
“the Act of 1970 ” means the Merchant Shipping Act 1970 ;
“the Act of 1974 ” means the Merchant Shipping Act 1974 ;
“the Act of 1979 ” means the Merchant Shipping Act 1979 ;
“the principal Act ” means the Merchant Shipping Act 1894 ;
“ Radio Rules ” means the following:
the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 ;
regultaions 125A, 125B, 125C, 130 and 131 of the Fishing Vessels (Safety Provisions) Rules 1975 ;
the Merchant Shipping (Radio Installations) Regulations 1992 ;
the Merchant Shipping (Navigational Equipment) Regulations 1993 ; and
the Merchant Shipping (Survey and Certification) Regulations 1995 , so far as those Regulations relate to radio installations on cargo ships;
“tons” means gross tons, and the tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
2
Subject to regulation 3 below, the following Regulations are hereby revoked:
The Merchant Shipping (Fees) Regulations 1991 ;
The Merchant Shipping (Fees) (Amendment) Regulations 1991 ;
The Merchant Shipping (Fees) (Amendment) Regulations 1993 ;
The Merchant Shipping (Fees) (Amendment) ( No. 2) Regulations 1993 ;
The Merchant Shipping (Fees) (Amendment) Regulations 1994 .
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
1
Where a fee is determined by the amount of work involved on or off the ship —
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas and back to the United Kingdom, subject to a maximum of 10 hours in any 24 hour period;
c
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
d
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
e
any specific costs incurred in respect of computer or outisde services shall be charged additionally to the hourly rate;
f
in the case of fees payable to British Telecommunications plc for services in connection with the Radio Rules where the amount of work chargeable for is not an exact hour, the time shall be rounded up to the nearest quarter hour.
2
The cost of travelling and subsistence in respect of tonnage measurement incurred in visiting a ship outside the United Kingdom shall be chargeable additionally to the fee in paragraphs 3 and 4 of Part II of the Schedule to these Regulations.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate except in the case of the issue of a certificate pursuant to the Radio Rules where the survey for the purpose of such a certificate was performed abroad by a locally appointed surveyor. In such a case the work involved in the issue of the certificate shall be charged for separately at the hourly rate of £50.
3
Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
13th July 1995
We consent to and approve the making of these Regulations
Andrew Mackay
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support Act 1995 (Commencement No. 1) Order 1995.
2
In this Order, unless the context otherwise requires, references to sections, Schedules and paragraphs of a Schedule are references to sections of, Schedules to, and paragraphs of a Schedule to the Child Support Act 1995.
Appointed days
2
1
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 4th September 1995.
2
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order is 1st October 1995.
Signed by authority of the Secretary of State for Social Security.
Andrew Mitchell
Department of Social Security
4th September 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Brent) Red Route Experimental Traffic Order 1995, and shall come into force on 15th December 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
“causing” includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and“works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Brent (Waiting and Loading Restriction) Order 1979 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Brent (Waiting and Loading Restriction) Order 1979 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th November 1995


text:
Title and commencement
1
This Order may be cited as the Western Isles Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Western Isles Tourist Board Scheme 1995;
“ the Board ” means the Western Isles Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of the Western Isles.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Commencement and citation
1
These Regulations may be cited as the Local Authorities (Capital Finance and Approved Investments) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment of Regulations
2
The Local Authorities (Capital Finance) Regulations 1990 shall be amended in accordance with the provisions of these Regulations.
Expenditure to be expenditure for capital purposes
3
In regulation 2, insert the following paragraphs after paragraph (8) —
9
Subject to paragraph (10), expenditure incurred by a local authority on the acquisition or preparation of a computer program, in so far as it would not be expenditure for capital purposes by virtue of section 40(2), shall be such expenditure if the authority acquire or prepare the program for use for a period of at least one year for any purpose relevant to their functions.
10
The reference in paragraph (9) above to the acquisition of a computer program includes the acquisition of a right to use such a program.
.
Initial and subsequent cost of leases
4
In regulation 7 —
a
in paragraph (2), for the words “paragraph (3), (4) or (5A) below” substitute “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G) or (5H) below”;
b
for paragraph (3) substitute the following —
3
This paragraph applies to a lease (“the current lease”) of land the term of which, or the residue of the term of which, does not exceed three years, unless —
a
the local authority who become the lessees had, at any time within the period of five years immediately preceding the date on which they become the lessees —
i
a freehold interest in the whole or part of the land in question (“the land”), or
ii
a leasehold interest in the whole or part of the land, the term of which, when added to the term of the current lease, exceeds three years; or
b
any other local authority had, within the same period, a leasehold interest in the whole or part of the land, the term of which, when added to the term of the current lease, exceeds three years.
;
c
in paragraph (5A), in sub-paragraph (c), for the word “regulation” substitute “paragraph”;
d
insert the following paragraphs after paragraph (5B) —
5C
This paragraph applies to a lease of land (“the current lease”) where —
a
the current lease is of a dwelling-house (“the dwelling”) which, immediately before the grant of that lease, was let or occupied under an excluded tenancy granted by the local authority who become the lessees (“the authority”);
b
the term of the current lease does not exceed two years and ends not later than 1st October 1997;
c
the authority had a leasehold interest in the dwelling which expired not earlier than 21st December 1994, and —
i
was a lease falling within paragraph (3) or (4) above which was acquired by the authority or another local authority on or before 21st December 1992; or
ii
was a lease falling within paragraph (5A) above.
5D
This paragraph applies to a lease (“the current lease”) of relevant land, other than a lease falling within paragraph (4), (5A) or (5C) above, the term of which, or the residue of the term of which, does not exceed ten years, unless —
a
the local authority who become the lessees (“the authority”) had, at any time on or after 1st April 1990 and before the date on which they become the lessees, a freehold interest in the whole or part of the land demised by the current lease (“the land”);
b
at any time on or after 1st April 1990 and before the date on which the authority become the lessees, any other local authority had a leasehold interest in the whole or part of the land;
c
at any time on or after 10th March 1988 and before the date on which they become the lessees, the authority acquired a leasehold interest in the whole or part of the land;
d
the current lease confers on the lessee an option to purchase the lessor’s interest in the land; or
e
the capital cost of the lease exceeds 70 per cent. of the relevant value.
5E
In paragraph (5D) —
“relevant land” means any land other than land which, if acquired by a local authority, would be a house, dwelling or other property to which section 74(1) would apply;
“relevant value” means the value of the lessor’s interest in the land as estimated by the authority before they become the lessees —
on the assumption that they will become the lessees under the current lease, and
according to the statement of practice most recently published by the Royal Institution of Chartered Surveyors on the valuation of property for company accounts.
5F
This paragraph applies to a lease of land where —
a
the term of the lease does not exceed seven years;
b
the local authority become the lessees immediately upon the expiry of another leasehold interest which the authority had in the land in question (in this paragraph referred to as “the preceding interest”);
c
the preceding interest was a lease falling within paragraph (3) above as that paragraph had effect on the date when the lease was acquired;
d
but for the preceding interest, the lease would fall within paragraph (5D) above; and
e
if the term of the lease does not exceed three years, the lease would, but for the preceding interest, fall within paragraph (5D) above if it were for a term exceeding three years.
5G
This paragraph applies to a lease of land (“the lease”) where —
a
the local authority who become the lessees are a new police authority;
b
the old police authority occupied the land demised by the lease on 31st March 1995, and the new police authority become the lessees before 1st April 1996;
c
immediately before the date on which the new police authority become the lessees, another local authority have a freehold or leasehold interest in the land demised by the lease;
d
the term of the lease, or the residue of the term of the lease, does not exceed ten years;
e
the lease does not confer on the lessee an option to purchase the lessor`s interest in the land demised by the lease; and
f
where the term of the lease, or the residue of the term of the lease, exceeds three years, the capital cost of the lease does not exceed 70 per cent. of the relevant value.
5H
This paragraph applies to a lease of land (“the lease”) where —
a
the local authority who become the lessees (“the authority”) are —
i
a county council of which the old police authority was a committee constituted in accordance with section 2 or 3(4) of the 1964 Act as it had effect before 8th August 1994 ; or
ii
the council of any constituent county where the old police authority was a combined police authority constituted in accordance with section 3 of the 1964 Act (other than section 3(4)) as it had effect before 8th August 1994;
b
the old police authority occupied the land demised by the lease on 31st March 1995, and the authority become the lessees of the new police authority before 1st April 1996;
c
immediately before the date on which the authority become the lessees, the authority have a freehold or a leasehold interest in the land demised by the lease which was vested in the new police authority under article 9 of the Commencement Order ;
d
the term of the lease, or the residue of the term of the lease, does not exceed ten years;
e
the lease does not confer on the lessee an option to purchase the lessor’s interest in the land demised by the lease; and
f
where the term of the lease, or the residue of the term of the lease, exceeds three years, the capital cost of the lease does not exceed 70 per cent. of the relevant value.
5I
In paragraphs (5G) and (5H) above —
“the 1964 Act” means the Police Act 1964 ;
“the 1994 Act ” means the Police and Magistrates' Courts Act 1994 ;
“the Commencement Order” means the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 ;
“new police authority” means a police authority established under section 3 of the 1964 Act (as substituted by section 2 of the 1994 Act) for a police area;
“old police authority” means, in relation to a new police authority, the police authority which is superseded by the new police authority; and
“relevant value” means the value of the lessor’s interest in the land demised by the lease in question as estimated by the authority before they become the lessees —
on the assumption that they will become the lessees under the lease, and
according to the statement of practice most recently published by the Royal Institution of Chartered Surveyors on the valuation of property for company accounts.
;
e
in paragraph (6), in sub-paragraphs (a) and (c), for the words “paragraph (3), (4) or (5A) above” substitute “paragraph (3), (4), (5A), (5C), (5D), (5F), (5G) or (5H) above”;
f
in paragraph (7), for the words “paragraphs (3), (4), (5A) or (6) above” substitute “paragraphs (3), (4), (5A), (5C), (5D), (5F), (5G), (5H) or (6) above”;
g
in paragraphs (6) and (7) before the words “The initial cost in relation to a lease” insert “Subject to paragraph (10A),”;
h
in paragraph (10), in sub-paragraph (d), for the words “section 31 of the Police Act 1964” substitute “sections 31, 31A and 31B of the Police Act 1964 )”; and
i
insert the following paragraphs after paragraph (10) —
10A
A local authority (“the authority”) who become the lessees under a lease falling within paragraph (6) or (7) above (“the current lease”), may reduce the amount which, apart from this paragraph, would be the initial cost of that lease by an amount not exceeding the balance of the released credit cover in relation to a relevant lease.
10B
In paragraph (10A) above, the balance of the released credit cover in relation to a relevant lease is an amount determined by the authority by —
a
estimating, at the relevant time and on the assumptions specified in paragraph (10C), the initial cost of a new lease of the land demised by the relevant lease; and
b
subtracting from that estimate any amount which the authority have already applied out of that estimate in reduction under paragraph (10A) of the initial cost of a lease other than the current lease.
10C
The assumptions specified for the purposes of paragraph (10B) are —
a
that the term of the new lease is equal to the term of the relevant lease less the expired period of that term;
b
that the new lease would be a lease falling within paragraph (6) or (7) above;
c
that apart from the term of the new lease, the new lease is identical to the relevant lease; and
d
that the initial cost of the new lease fell to be calculated at the time when the initial cost of the relevant lease was calculated.
10D
In paragraphs (10A), (10B) and (10C) above —
“relevant lease” means a lease which, at the time when the authority became the lessees, was a lease falling within paragraph (6) or (7) above; and
“the relevant time” means the time when the authority’s interest in a relevant lease ceases other than by reason of the expiry of the term of that lease.
.
Variation of credit arrangements
5
In regulation 8, substitute the following paragraphs for paragraph (4) —
4
Where at any time before 1st April 1995 a local authority have entered into a credit arrangement which is a lease of land falling within regulation 7(3) above (“the first lease”), and —
a
the arrangement is varied by the grant to the authority of a new lease of the same land for a term which extends beyond the expiry date of the first lease, and
b
the new lease would, if granted upon the expiry of the first lease, fall within regulation 7(5F), the adjusted cost of the arrangement for the purposes of section 51(4)(b) shall be nil.
.
Reserved part of capital receipts
6
1
In regulation 14 —
a
in paragraphs (1) and (2), for the words “Subject to paragraphs (3) to (5) below” substitute “Subject to paragraphs (3) to (9) below”; and
b
insert the following paragraph after paragraph (5) —
6
For the purposes of section 59(3), the reserved part of a capital receipt shall be 25 per cent. in the case of a receipt which —
a
falls within paragraph 1(a) of Part I of Schedule 1 and is received by a local authority during the period beginning 1st April 1995 and ending on 31st March 1996 in respect of a disposal of share capital or loan capital in a company formed under section 59 or 67 of the Transport Act 1985 ; or
b
falls within paragraph 1(b) of Part I of Schedule 1 and is received by a local authority during that period.
7
For the purposes of section 59(3), the reserved part of a capital receipt shall be 25 per cent. in the case of a receipt, other than a receipt to which paragraph (8) below applies, which —
a
falls within paragraph 1(a) of Part I of Schedule 1 and is received by a local authority during the period beginning 1st April 1995 and ending on 31st March 1997 in respect of a disposal of share capital or loan capital in a public airport company (within the meaning of Part II of the Airports Act 1986 );
b
falls within paragraph 1(aa) of Part I of Schedule 1 and is received by a local authority during that period; or
c
is derived from the disposal of share capital or loan capital acquired at any time by a local authority in a relevant company, and is received by the authority during that period.
8
This paragraph applies to a receipt in respect of a disposal of share capital or loan capital in a public airport company (within the meaning of Part II of the Airports Act 1986) if, notwithstanding that disposal and the issue of any further share capital in the company, the company continues to be a public airport company after the expiry of a period of 28 days beginning on the date of that disposal.
9
For the purposes of paragraph (7) (c) above, a company is a relevant company if —
a
at the time when the authority disposed of any share capital or loan capital in it, the company is carrying on the business of operating an airport and is not a public airport company; and
b
at the time when the authority acquired that share capital or loan capital, the company was carrying on the business of operating an airport, or was in the course of taking over that business from the authority.
.
2
In paragraph 1 of Part I of Schedule 1 —
a
in sub-paragraph (aa), for the words from “was acquired” to “that date” substitute the following —
aa
is in a public airport company (within the meaning of Part II of the Airports Act 1986) and was acquired by the local authority on or after 15th February 1989 —
; and
b
insert the following sub-paragraphs after sub-paragraph (b) —
c
was acquired by the authority —
i
before 10th March 1988, or
ii
on or after 1st April 1990 for the purposes of providing financial assistance under section 33,
and was issued by a company which has not, at any time since the date of issue, engaged in any of the activities of providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of housing accommodation;
d
is in a company formed by, or with the participation of, the authority for any of the purposes referred to in section 145(1) pf the Local Government Act 1972 ; or
e
is in a company formed by, or with the participation of, the authority as mentioned in subsection (3)(a) of section 32 of the Environmental Protection Act 1990 , or pursuant to directions given by the Secretary of State under section 32(2) of that Act.
.
Capital receipts not wholly in money paid to the authority
7
In regulation 20 —
a
in paragraph (2), for “(4) and (6) below” substitute “(4), (6) and (6A) below”; and
b
insert the following paragraphs after (6) —
6A
Subject to paragraph (6C), in the case of non-monetary consideration which is received by a local authority in respect of a disposal of a company of an interest falling within paragraph (6B), and which consists of the issue of share capital or loan capital in the company, the reserved part of the notional capital shall be nil.
6B
An interest in an asset falls within the paragraph if, at the time of the disposal, expenditure on its acquisition would be expenditure for capital purposes, unless the asset is a house, dwelling or other property of the authority to which section 74(1) applied immediately before the disposal.
6C
Paragraph (6A) above shall not apply in the case of any non-monetary consideration to which section 61 does not apply by virtue of article 17(4) of the Local Authorities (Companies) Order 1995 .
.
Modification of credit ceiling
8
1
In regulation 21, in paragraph (2), for the word “modification” substitute “modifications”, and for the words “is”, in both places where it occurs, substitute “are”.
2
In Part II of Schedule 3, after paragraph 3 add the following —
4
1
For the purposes of this paragraph, a county council is a relevant county council if a committee of that council constituted a police authority in accordance with section 2 or 3(4) of the Police Act 1964 as it had effect before 8th August 1994.
2
In relation to —
a
a police authority established under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994 ) for a police area; and
b
a local authority which is a relevant county council,
in addition to the modification made in paragraph 3 above, Schedule 3 to the Act is modified by the insertion of the following paragraphs —
10A
Where the old police authority; or
a
a joint police authority; or
b
the police authority for a combined area constituted in accordance with section 3 of the 1964 Act (other than section 3(4)),
the credit ceiling of the new police authority on 1st April 1995 shall be equal to the credit ceiling on 31st March 1995 of the old police authority.
10B
1
Where the old police authority was a committee of a county council (“the council”) constituted in accordance with section 2 or 3(4) of the 1964 Act —
a
the credit ceiling of the new police authority on 1st April 1995 shall be equal to the police amount for the council for 31st March 1995; and
b
the credit ceiling of the council on 1st April 1995 shall be reduced by that amount.
2
For the purposes of this paragraph —
a
the police amount for the council for 31st March in any of the years 1991 to 1995 shall be determined —
i
by adding to the police amount for the council for 31st March in the immediately preceding year the amount of the police increase for the council for the financial year following it; and
ii
by subtracting from the resulting amount the amount of the police decrease for the council for that financial year; and
b
the police amount for the council for 31st March 1990 shall be an amount equal to the portion of the council’s initial credit ceiling attributable to the council’s police authority functions.
3
For the purposes of paragraph (2) above, the amount of the police increase for the council for any financial year is the total of all increases in the council’s credit ceiling in that year by virtue of the use of credit approvals to any extent as mentioned in section 56(3) in respect of the council’s police authority functions.
4
For the purposes of paragraph (2) above, the amount of the police decrease for the council for any financial year is the total of the following amounts —
a
four per cent. of the police amount for the council for 31st March in the financial year immediately preceding the financial year in question;
b
the total of any amounts set aside by the council as provision to meet credit liabilities from the reserved part of any capital receipts in respect of a disposal or repayment attributable to police authority functions or, in relation to consideration to which section 61(4) applies, from the amount which would be the reserved part of a notional capital receipt in respect of such a disposal or repayment;
c
the total of any amounts set aside by the council from its revenue account or from the usable part of its capital receipts as provision to meet credit liabilities in respect of its police excluded credit arrangements; and
d
the total of any amounts shown in the accounts of the council as being set aside from its revenue account as provision to meet credit liabilities in respect of its police authority functions in excess of the amounts referred to in sub-paragraph (a) above, and the amount of any usable part of the council’s capital receipts shown in its accounts as being applied as such provision in respect of its police authority functions.
5
In sub-paragraph (4) above, “police excluded credit arrangements” means any credit arrangements excluded by regulations made under paragraph 11(2) of Schedule 3 to the Act entered into in respect of land, goods or services held or used for police authority functions.
10C
In paragraphs 10A and 10B above “the 1964 Act” means the Police Act 1964 ;
“the 1994 Act” means the Police and Magistrates' Courts Act 1994 ;
“joint police authority” means —
a metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985 ; or
the Northumbria Police Authority; “new police authority” means a police authority established under section 3 of the 1964 Act (as substituted by section 2 of the 1994 Act) for a police area;
“old police authority” means, in relation to a new police authority, the police authority which is superseded by the new police authority.
.
Minimum revenue provision
9
In regulation 26 —
a
in paragraph (1) for the words “Subject to paragraphs (5) to (11) below” substitute “Subject to paragraphs (5) to (13) below”;
b
insert the following paragraph after paragraph (11) —
12
This paragraph applies to a police authority established under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994 ) for a police area, where the old police authority for that area was a committee of a county council constituted in accordance with section 2 or 3(4) of the Police Act 1964 (as it had effect before 8th August 1994).
13
In relation to a local authority to which paragraph (12) above applies, the amount in respect of principal for the purposes of paragraph 15(1)(a) of Schedule 3 to the Act shall, for the financial year beginning on 1st April 1995, be four per cent. of the credit ceiling of the police authority on that day.
.
Specified purposes and bodies
10
In regulation 26B —
a
for sub-paragraph (b) of paragraph (2) substitute the following sub-paragraph —
b
in the case of a relevant authority which is a county council, a district council or the Council of the Isles of Scilly, the police authority whose police area as listed in Schedule 1A to the Police Act 1964 includes the area of the relevant authority;
; and
b
omit sub-paragraph (c) of paragraph (2).
Interpretation of Part IV of the Act
11
In regulation 27 —
a
in paragraph (1), after sub-paragraph (f) insert —
g
article 9 of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 .
; and
b
in paragraph (2), after the words “another authority by virtue of” insert “(a)”, and at the end of that paragraph add —
or
b
article 9 of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994.
.
Adjusted credit ceiling
12
In sub-paragraph (b) of paragraph (2) of Part II of Schedule 4, add the following paragraph after paragraph (iii) —
iv
any amount which the authority determine to set aside as credit cover in accordance with article 14 of the Local Authorities (Companies) Order 1995 ; and
Approved investments
13
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended by the addition of the following paragraph at the end of Part II of the Schedule —
29
A police authority established under section 3 of the Police Act 1964 (as substituted by section 2 of the Police and Magistrates' Courts Act 1994 ).
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State
Department of the Environment
20th March 1995
Signed by authority of the Secretary of State for Wales
Gwilymn Jones
Parliamentary Under-Secretary of State, Welsh Office
22nd March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits (Miscellaneous Amendments) Regulations 1995 and shall come into force —
a
for the purposes of this regulation and of regulation 2, on 1st August 1995;
b
for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 3, regulation 3(1) so far as it relates to those sub-paragraphs, and regulation 4 —
i
in relation to a student whose period of study begins on or after 1st August 1995 but before 1st September 1995, on the first Monday of that period;
ii
in any other case, on 4th September 1995;
c
for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 3, and regulation 3(1) so far as it relates to those sub-paragraphs —
i
in relation to a student whose period of study begins on or after 1st August 1995 but before 1st September 1995, on the first Tuesday of that period;
ii
in any other case, on 5th September 1995;
d
for the purposes of sub-paragraph (e) of paragraph (2) of regulation 3, and regulation 3(1) so far as it relates to that sub-paragraph —
i
in relation to a student whose period of study begins on or after 1st August 1995 but before 1st September 1995, on the first day of that period;
ii
in any other case, on 1st September 1995;
so however that regulation 3(2)(e) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) of this sub-paragraph, or the date mentioned in head (ii) of this sub-paragraph, whichever applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations .
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Definition of “student”
2
1
The regulations specified in paragraph (2) below (which all contain a definition of “student”) shall each be amended by omitting from the definition of “student” the words “throughout any period of term or vacation within it,”.
2
The regulations are —
a
regulation 38 of the Council Tax Benefit Regulations;
b
regulation 41 of the Disability Working Allowance Regulations;
c
regulation 37 of the Family Credit Regulations;
d
regulation 46 of the Housing Benefit Regulations;
e
regulation 61 of the Income Support Regulations; and
f
regulation 7(3)(a) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Student’s grant income
3
1
In each of the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “276” in each place where it occurs there shall be substituted the amount “278”.
2
The regulations are —
a
regulation 42(2)(g) of the Council Tax Benefit Regulations;
b
regulation 42(2)(e) of the Disability Working Allowance Regulations;
c
regulation 38(2)(f) of the Family Credit Regulations;
d
regulation 53(2)(g) of the Housing Benefit Regulations; and
e
regulation 62(2)(g) of the Income Support Regulations.
Student’s eligible rent
4
In regulation 51(1) of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “25.00” in sub-paragraph (a) there shall be substituted the amount “25.10” and for the amount “17.35” in sub-paragraph (b) there shall be substituted the amount “17.40”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State
Department of Social Security
10th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sandwell Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 29th January 1996.
2
In this Order —
“the Authority” means the Sandwell Health Authority;
“the Trust” means the Sandwell Healthcare 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 13th October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th January 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
18th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derwen National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the East Dyfed Health Authority;
“the Trust” means the Derwen 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 11th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
23rd February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Dental Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 23rd October 1995.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the University Dental Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th August 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 23rd October 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
21st September 1995


text:
1
This Order may be cited as the Goods Vehicles (Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 1995.
2
The Goods Vehicles (Licensing of Operators) Act 1995, except section 50 and Schedule 5, shall come into force on the 1st January 1996.
3
The Schedule to this Order (transitional provisions) shall have effect.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
21st August 1995


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fertilisers (Amendment) Regulations 1995 and shall come into force on 30th January 1995.
2
In these Regulations “the principal Regulations ” means the Fertilisers Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations are hereby amended in accordance with regulations 3 and 4 below.
3
1
After regulation 3 there shall be inserted the following regulation:
3A
No person shall sell for the final use by the purchaser as a fertiliser any Ammonium nitrate as defined in column (3) of Section A of the table in Schedule 1 which, not being designated as an EEC fertiliser, contains more than 28% by weight of nitrogen, unless the material is in a container which complies with the provisions of Part II of Schedule 2.
2
In regulation 4 —
a
in paragraph (1), the words “or have in possession with a view to sale” shall be deleted;
b
in paragraph (3), for the words “the intending purchaser” there shall be substituted the words “any intending purchaser”.
4
In the table in Schedule 1 —
a
In Group 1(a) of Section A (“STRAIGHT FERTILISERS”) —
i
in the provisions relating to Ammonium nitrate, in column (3) (“Meaning”) the words “is designated as an EEC fertiliser and” shall be deleted;
ii
after the provisions relating to the material Nitrate of lime and magnesium, there shall be inserted in columns (2) to (4) the following provisions:
Magnesium nitrate.
When marketed in the form of crystals a note “in crystallised form” may be added.
Chemically obtained product containing as its essential ingredient hexahydrated magnesium nitrate and containing not less than 10% nitric nitrogen (N) and 14% magnesium oxide (MgO).
Amount of: —
nitric nitrogen;
magnesium oxide soluble in water.
iii
after the provisions relating to the material Urea, there shall be inserted in columns (2) to (4) the contents of Schedule 1 to these Regulations;
b
in Section B (“COMPOUND FERTILISERS”) —
i
at the end of the provisions relating to the materials itemised in Group 1, there shall be added in columns (2) to (4) the contents of Schedule 2 to these Regulations;
ii
at the end of the provisions relating to the materials itemised in Group 2, there shall be added in columns (2) to (4) the contents of Schedule 3 to these Regulations; and
iii
at the end of the provisions relating to the materials itemised in Group 3, there shall be added in columns (2) to (4) the contents of Schedule 4 to these Regulations;
c
in Section C (“FLUID FERTILISERS”) —
i
in Group 1(a), after the provisions relating to the material Calcium nitrate solution, there shall be inserted in columns (2) to (4) the following provisions:
Magnesium nitrate solution. Product obtained chemically and by dissolving magnesium nitrate in water and containing not less than 6% nitrogen (N) and 9% magnesium oxide (MgO). The pH should be not less than 4.
Amount of: —
nitric nitrogen;
magnesium oxide soluble in water.
ii
for the provisions relating to the materials itemised in Group 2, other than the materials PK fertiliser solution and PK fertiliser suspension, there shall be substituted the contents of Schedule 5 to these Regulations;
d
in Section D (“FERTILISERS CONTAINING BORON, COBALT, COPPER, IRON, MANGANESE, MOLYBDENUM OR ZINC AS TRACE ELEMENTS”) —
i
for the heading and the provisions relating to the materials itemised in Group 1, there shall be substituted the contents of Schedule 6 to these Regulations;
ii
above the provisions relating to the materials itemised in Group 2, there shall be added the heading “FERTILISERS CONTAINING A MIXTURE OF TRACE ELEMENTS”;
iii
in the provisions relating to the materials itemised in Group 2 —
A
in column (1), for the figure “2” there shall be substituted the figure “8”;
B
in column (3), for the words “Product of two or more of the products listed in (1) above” there shall be substituted the words “Mixture of two or more of the trace elements listed in Group 1 above”;
e
in Section E (“FERTILISERS CONTAINING MAINLY CALCIUM, MAGNESIUM OR SULPHUR AS NUTRIENTS”) —
i
for the heading there shall be substituted the heading “SECTION E: SECONDARY NUTRIENTS FERTILISERS”;
ii
after the provisions relating to the material Magnesium sulphate, there shall be inserted in columns (2) to (4) the following provisions:
Magnesium sulphate solution.
The usual trade names may be added.
Product obtained by dissolution in water of magnesium sulphate of industrial origin containing not less than 5% magnesium oxide (MgO) and not less than 10% sulphur trioxide (SO 3 ).
Amount of: —
water-soluble magnesium oxide.
Optional declarations
Amount of water-soluble sulphur trioxide.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd January 1995
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
22nd December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd December 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Stanswood Bay Oyster Fishery (Variation) Order 1995 and shall come into force on 31st May 1995.
2
In this Order —
“the first principal Order ” means the Stanswood Bay Oyster Fishery Order 1973; and
“the second principal Order ” means the Stanswood Bay Oyster Fishery Order 1988.
Variation of the first principal Order
2
1
The first principal Order shall be varied in accordance with the following paragraphs of this article.
2
In article 3, for the words —
a
“whose registered office is situate at 48 Drapers Copse, Dibden, Hythe, Southampton” there shall be substituted “whose registered office is 13 Hampton Lane, Winchester, Hampshire SO22 5LF”; and
b
for “containing 610 acres” there shall be substituted “containing 247 hectares”.
3
Article 5 (taking of samples for the purpose of disease control) shall be omitted.
4
Article 5A (control of deposits) shall be omitted.
5
In article 6, for the words “for 7 years from the date of its coming into operation and no longer” there shall be substituted the words “until 1st June 2005”.
Variation of the second principal Order
3
1
The second principal Order shall be varied in accordance with the following paragraphs of this article.
2
In article 1(2) (interpretation), in the definition of “the company”, for the words “at 37 Hocombe Drive, Chandler’s Ford, Eastleigh, Hampshire SO5 1QE” there shall be substituted “13 Hampton Lane, Winchester, Hampshire SO22 5LF”.
3
In article 2 (right of several fishery), for the words “until 1st June 1995” there shall be substituted “until 1st June 2005”.
4
Article 4 (taking of samples for the purpose of disease control) shall be omitted.
5
Article 6 (control of deposits) shall be omitted.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
9th May 1995


text:
1
These Regulations may be cited as the Immigration (Registration with Police) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
In regulation 10(3) of the Immigration (Registration with Police) Regulations 1972 (which relates to the fee paid for the issue of registration certificates), for the figure “£30” there shall be substituted the figure “£34”.
Timothy Kirkhope
Parliamentary Under-Secretary of State
Home Office
9th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for University College Hospital (Transfer of Trust Property) Order 1995 and shall come into force on 17thMay1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the special trustees” means the special trustees for University College Hospital;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the special trustees on 23rdSeptember 1994, which schedule has been signed on behalf of both the Authority and the special trustees.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the Authority to the special trustees.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Local Management of Schools) Regulations 1995 and shall come into force on 31st December 1995.
2
In these Regulations, unless the context otherwise requires —
a
“an existing LEA ” means a transferor authority or a transferee authority which in each case was a local education authority immediately before the making of these Regulations and whose area is or will be altered (but not abolished) pursuant to a structural or a boundary change;
b
“a new LEA” means a transferee authority, which was not in existence immediately before the making of these Regulations or, if it was in existence, was not a local education authority, which will, pursuant to a structural change or as the result of its establishment as the council of a county, become a local education authority;
c
“financial year” means a period of twelve months ending with 31st March;
d
“the reorganisation date” in relation to an authority means the date (being 1st April in any year) which is specified as such in relation to that authority in a section 17 order;
e
“a section 17 order” means an order made under section 17 of the Local Government Act 1992 ; and
f
i
any reference to a transferor authority is a reference to a local education authority which, by or in consequence of a structural or boundary change (or both such changes) effected by a section 17 order, ceases to exercise functions in relation to an area on the reorganisation date, and
ii
any reference to a transferee authority is a reference to an authority by which such functions are exercisable in relation to that area on and after that date.
3
Functions conferred on an authority by virtue of these Regulations shall be exercisable from whichever is the later of —
a
the date that these Regulations come into force;
b
the date that a section 17 order is first made in respect of that authority; or
c
the date that that authority is established.
New LEAs : Period before reorganisation date
2
1
The provisions of Chapter III of Part I of the Education Reform Act 1988 (finance and staff) referred to in paragraph (2) below, and regulations made thereunder, shall apply to a new LEA in the period before the reorganisation date as if they were the local education authority for the area for which they will become the local education authority on that date.
2
The provisions referred to in paragraph (1) above are sections 33, 34, 35 , 38, 39 , 41, 42, 42A , 43 , 48 and 51(1) and (2) of, and paragraphs 1, 2 and 3 of Schedule 4 to, the Education Reform Act 1988 and they shall apply with the modifications set out below in this regulation and in regulation 7.
3
In section 33(2)(a) for the words “each financial year of the authority” there shall be substituted the words “the financial year of the authority commencing on the reorganisation date and each subsequent financial year” .
4
In section 33(3) —
a
for paragraph (a) there shall be substituted —
a
it is a county, voluntary or special school maintained by that authority at the beginning of that year; or
; and
b
in paragraph (b) for the words “or voluntary” in both places where they occur there shall be substituted the words “, voluntary or special” .
5
In section 34(4) —
a
in paragraph (a) before the word “maintained” there shall be inserted the words “to be” and after the word “authority” there shall be inserted the words “at the beginning of the financial year commencing on the reorganisation date” ; and
b
in paragraph (c)(ii) before the word “authority” there shall be inserted the word “transferor” .
6
Section 42(6) shall not apply.
New LEAs: Financial year commencing on the reorganisation date
3
1
The provisions of Chapter III of Part I of the Education Reform Act 1988 shall apply to a new LEA in the financial year commencing on the reorganisation date with the modifications set out below in this regulation and in regulation 7.
2
In section 33(3) —
a
for paragraph (a) there shall be substituted —
a
it is a county, voluntary or special school maintained by that authority at the beginning of that year; or
; and
b
in paragraph (b) for the words “or voluntary” in both places where they occur there shall be substituted the words “, voluntary or special” .
3
In section 34(4)(c)(ii) before the word “authority” there shall be inserted the word “transferor” .
4
Section 40 shall not apply.
5
Section 42(6) shall not apply to a new LEA in the financial year commencing on the reorganisation date in respect of the preceding financial year except that such an authority specified in the Schedule to these Regulations or in a section 17 order as the designated authority for that purpose shall prepare and furnish the statement required by the said sub-section in respect of such local education authority, wound up and dissolved by a section 17 order, as may be specified in that Schedule or in that section 17 order, as the case may be.
New LEAs: Subsequent financial years
4
1
The provisions of Chapter III of Part I of the Education Reform Act 1988 shall apply to a new LEA in the financial years following the financial year commencing on the reorganisation date with the modifications set out below in this regulation and in regulation 7.
2
Section 33 shall apply as if any reference to a county school maintained by a local education authority included a reference to a special school maintained by that authority.
3
In section 34(4)(c)(ii) before the word “authority” there shall be inserted the word “transferor” .
4
Section 40 shall not apply.
Existing LEAs: Period before reorganisation date
5
1
The provisions of Chapter III of Part I of the Education Reform Act 1988 shall apply to an existing LEA in the period before the reorganisation date with the modifications set out below in this regulation and in regulations 6, 7 and 8.
2
In section 34(4) —
a
in paragraph (a) before the word “maintained” there shall be inserted the words “to be” and after the word “authority” there shall be inserted the words “at the beginning of the financial year commencing on the reorganisation date” ;
b
in paragraph (b) after the word “authority” there shall be added the words “as it will be constituted immediately after the reorganisation date” ; and
c
in paragraph (c)(i) after the word “area” there shall be added the words “as it will be constituted immediately after the reorganisation date” .
3
In section 35 —
a
in subsection (1) there shall be added at the end the words “and shall revise such a scheme so far as is necessary to take into account alterations which have or will be made to its area pursuant to a section 17 order” ; and
b
there shall be added a new subsection (1A) as follows —
1A
Section 34(1) of this Act shall apply where the local education authority are preparing a revision required by subsection (1) above as it applies where they are preparing a scheme under section 33 of this Act.
.
Existing LEAs: Period before the reorganisation date and in subsequent financial years
6
1
Section 33(3) of the Education Reform Act 1988 shall apply to an existing LEA in the financial year commencing on the reorganisation date with the modifications set out below in this regulation —
a
for paragraph (a) there shall be substituted —
a
it is a county, voluntary or special school maintained by that authority at the beginning of that year; or
; and
b
in paragraph (b) for the words “or voluntary” in both places where they occur there shall be substituted the words “, voluntary or special” .
2
Before the reorganisation date and in the financial years following the financial year commencing on the reorganisation date, section 33 shall apply as if any reference to a county school maintained by a local education authority included a reference to a special school maintained by that authority.
New and existing LEAs: Consultation with governing bodies of grant-maintained special schools
7
Section 34(4)(c) of the Education Reform Act 1988 shall apply to new and existing LEAs before, on and after the reorganisation date with the addition of a new sub-paragraph (iii) as follows —
or
iii
the Secretary of State by notice in writing requires the authority to consult,
.
New and existing LEAs: Suspension of delegated budgets
8
A local education authority in England shall not suspend the right of a governing body of a school to a delegated budget, under section 37 of the Education Reform Act 1988, within 3 months before the date on which another authority becomes the local education authority in respect of that school without that authority’s written consent.
9
Where a local education authority in England has suspended a governing body’s right to a delegated budget under section 37 of the Education Reform Act 1988 that suspension shall continue, unless previously revoked, after the school in question is maintained by another local education authority until such time as the suspension is revoked or an appeal against the imposition of the suspension or refusal of a local education authority to revoke any such suspension is allowed by the Secretary of State.
Gillian Shephard
Secretary of State for Education and Employment
27th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 and shall come into force on 20th June 1995, except regulation 23(2), which shall come into force on 20th June 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1969 Act ” means the Employers' Liability (Compulsory Insurance) Act 1969 ;
“the 1971 Act ” means the Mineral Workings (Offshore Installations) Act 1971 ;
“the 1995 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 ;
“apparatus or works” means —
apparatus or works described in paragraphs (a) to (f); and
a structure described in paragraph (g),
of the definition of “pipeline” in article 6(2) of the 1995 Order;
“associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;
“concession owner” in relation to an offshore installation means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at that time, the installation is, or is to be, used in the exercise of that right;
“duty holder” means —
in relation to a fixed installation, the operator; and
in relation to a mobile installation, the owner;
“fixed installation” means an offshore installation other than a mobile installation;
“installation manager” means, in relation to an offshore installation, the person appointed for the purposes of regulation 6(1)(a) who is for the time being in charge of it;
“mobile installation” means an offshore installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;
“offshore installation” shall be construed in accordance with regulation 3;
“operator” in relation to a fixed installation means the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner;
“owner” in relation to a mobile installation means the person who controls the operation of the installation;
“pipeline” means a pipeline within the meaning of article 6(2) of the 1995 Order;
“pipeline works” means pipeline works within the meaning of article 6(2) of the 1995 Order;
“relevant employee” means an employee —
who is ordinarily resident in the United Kingdom, or
who is not ordinarily resident in the United Kingdom but who has been present in the United Kingdom and relevant waters in the course of employment there for a continuous period of not less than 7 days;
“relevant waters” means —
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters; and
any area designated by order under section 1(7) of the Continental Shelf Act 1964 ; and
“vessel” includes a hovercraft and any floating structure which is capable of being staffed.
2
Any reference in these Regulations to operating an offshore installation is a reference to using the installation for any of the purposes described in regulation 3(1).
3
For the purpose of these Regulations any structures and devices on top of a well shall be treated as forming part of the well.
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears; and
c
a numbered Schedule is a reference to the Schedule in these Regulations so numbered.
Meaning of “offshore installation”
3
1
Subject to the provisions of this regulation, in these Regulations the expression “offshore installation” means a structure which is, or is to be, or has been used, while standing or stationed in relevant waters, or on the foreshore or other land intermittently covered with water —
a
for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;
b
for the storage of gas in or under the shore or bed of relevant waters or the recovery of gas so stored;
c
for the conveyance of things by means of a pipe; or
d
mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this paragraph,
and which is not an excepted structure.
2
For the purposes of paragraph (1), the excepted structures are —
a
a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;
b
a well;
c
a structure or device which does not project above the sea at any state of the tide;
d
a structure which has ceased to be used for any of the purposes specified in paragraph (1), and has since been used for a purpose not so specified;
e
a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in paragraph (1); and
f
any part of a pipeline.
3
For the purposes of these Regulations there shall be deemed to be part of an offshore installation —
a
any well for the time being connected to it by pipe or cable;
b
such part of any pipeline connected to it as is within 500 metres of any part of its main structure;
c
any apparatus or works which are situated —
i
on or affixed to its main structure; or
ii
wholly or partly within 500 metres of any part of its main structure and associated with a pipe or system of pipes connected to any part of that installation.
4
Where two or more structures are, or are to be, connected permanently above the sea at high tide they shall for the purposes of these Regulations be deemed to comprise a single offshore installation.
Application
4
1
These Regulations shall apply —
a
in Great Britain; and
b
to and in relation to offshore installations, wells, pipelines and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of articles 4(1) and (2)(b), 5 and 6 of the 1995 Order.
2
Regulations 6 to 21 shall not apply in relation to an offshore installation which is in transit to or from a location; and an offshore installation is not in transit to or from a location while it is being manoeuvred at the location.
3
Save where otherwise expressly provided, nothing in regulations 6 to 13 or 15 to 18 shall impose a duty in relation to an offshore installation while there are no persons aboard.
Notification concerning offshore installations
5
1
The duty holder shall, no later than the date on which an offshore installation is due to enter or leave relevant waters, notify the Executive in writing of the date of its intended entry into or departure from such waters.
2
Where there is a change of duty holder in relation to an offshore installation, the new duty holder shall ensure that it is not operated until the Executive has been notified in writing of —
a
the date of such change;
b
the name and address of the new duty holder; and
c
where the address furnished pursuant to sub-paragraph (b) is outside Great Britain, an address in Great Britain to which communications to him may be sent.
Managers
6
1
The duty holder shall ensure that —
a
the offshore installation is at all times under the charge of a competent person appointed by him to manage on his behalf the installation and the persons on it; and a reference to the installation manager is a reference to such person while he is in charge;
b
the installation manager is provided with appropriate resources to be able to carry out effectively his function, and the duties he may have to discharge under regulation 8; and
c
the identity of the installation manager is known to or readily ascertainable by every person on the installation.
2
For the purpose of paragraph (1)(a), a person is not in charge of an offshore installation when he is not on it unless he remains in communication with it and, in a case where it might be necessary to exercise his functions, is able to reach it promptly.
Restraint and putting ashore
7
1
If an installation manager has reasonable cause to believe that it is necessary or expedient to do so for the purpose of securing the safety of the offshore installation or the safety or health of persons on or near it, he may take such measures against a person on the installation, including —
a
restraint of his person; and
b
putting him ashore in the United Kingdom as soon as is practicable thereafter,
as are reasonable.
2
If it appears likely that a person will not be put ashore within twenty-four hours of being put under restraint, the installation manager shall forthwith give notice to the duty holder of his being kept under restraint and of the reason for it.
Co-operation
8
1
Every person shall co-operate —
a
with the installation manager, and any other person on whom any duty is placed by regulations 5 to 19, so far as is necessary to enable him to comply with the relevant statutory provisions, including this regulation;
b
with the installation manager, so far as is necessary to enable him to discharge his functions described in regulations 6 and 7; and
c
with the helicopter landing officer, so far as is necessary to enable him to perform his function referred to in regulation 13.
2
In addition to the duty placed on him by paragraph (1), an installation manager shall co-operate with the manager of another offshore installation, where an activity carried out from, by means of, or on one of the installations could affect the health and safety of persons on the other installation or of persons engaged in an activity in connection with the other installation.
3
The duty in paragraph (1) is without prejudice to any duty owed by a master, captain or person in charge of any vessel or aircraft.
Records
9
1
The duty holder shall ensure that there is kept on the offshore installation or at a suitable place nearby a record of the persons who are for the time being on, or working from the installation, and containing, in relation to each such person —
a
his full name; and
b
the name and address of his employer, if any,
and in this regulation such a record is referred to as “the offshore record”.
2
The duty holder shall ensure that, as soon as possible after an entry is made in the offshore record, a like entry is made together with the following additional information —
a
the nationality of the person working on or from the installation;
b
his date of birth;
c
his usual residence; and
d
the name, address and relationship of any next of kin of his,
in another record, in this regulation referred to as “the onshore record”.
3
The duty holder shall ensure that an entry in the onshore record relating to any person is thereafter kept readily available at an address in Great Britain until 28 days after he ceases to be on or to work from the installation.
Permits to work
10
In cases where, because of —
a
the kind of work which may be done on the offshore installation; or
b
the circumstances in which work may be done on the offshore installation,
it is necessary for the health or safety of persons to do so, the duty holder shall introduce arrangements for securing that, in such a case, a person does not do such work save in accordance with the terms of a permit in writing, given by a competent person authorised by or on behalf of the duty holder.
Instructions
11
The duty holder shall ensure that, where necessary for the health and safety of persons —
a
comprehensible instructions on procedures to be observed on the offshore installation are put in writing; and
b
the relevant part of such instructions is brought to the attention of every person who is to do anything to which that part relates.
Communication
12
The duty holder shall ensure that arrangements, which are appropriate for health and safety purposes, are in place for effective communication —
a
between the offshore installation and the shore, vessels, aircraft and other installations; and
b
where a helicopter is to land on or take off from an offshore installation aboard which there will be no persons immediately before the landing, or after the take-off, between the helicopter and —
i
a suitable offshore installation with persons on board; or
ii
where there is no such installation, suitable premises ashore.
Helicopters
13
The duty holder shall ensure that —
a
a competent person appointed to be in control of helideck operations on the offshore installation (in these Regulations referred to as “the helicopter landing officer”) is present on the installation;
b
such person is in control throughout such operations; and
c
such procedures are established, and plant provided, as will secure, so far as is reasonably practicable, that helideck operations, including the landing and take-off of helicopters, are without risks to health and safety.
Operational information
14
The duty holder shall make arrangements for the collection and keeping of —
a
such meteorological and oceanographic information; and
b
such information relating to the motions of the offshore installation,
as is necessary for securing, so far as is reasonably practicable, the safe operation of the installation and the safety of persons on or near it.
Information to persons
15
1
The duty holder shall ensure that the address and telephone number of the office of the Executive for the sector in which the offshore installation is situated is known to or readily ascertainable by every person on the installation.
2
The employer of a person who is not on an offshore installation, and who is engaged in —
a
an activity in connection with an offshore installation;
b
an activity in connection with a well;
c
pipeline works; or
d
any of the following activities in connection with pipeline works —
i
the loading, unloading, fuelling or provisioning of a vessel;
ii
the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,
being in either case a vessel which is engaged in pipeline works,
shall ensure that the address and telephone number of the office of the Executive for the sector in which the installation or well is situated, or the pipeline works, or activity described in sub-paragraph (d) above, is or are carried out, is known to or readily ascertainable by such person.
Health surveillance
16
1
An employer of a person engaged in work on an offshore installation shall ensure that he is provided with such health surveillance as is appropriate to the health and safety risks incurred in the work; and, where that person is assigned to the work after the coming into force of these Regulations (apart from regulation 23(2)), the health surveillance shall be commenced before he is so assigned.
2
In this regulation “appropriate” means appropriate having regard to the nature and magnitude of the risks to the safety and health of the employee created by the relevant work.
Drinking water
17
The duty holder shall ensure that —
a
an adequate supply of clean, wholesome drinking water is available at suitable locations on the offshore installation; and
b
such locations are clearly marked to show that drinking water is there.
Provisions
18
The duty holder shall ensure that all provisions for consumption by persons on the offshore installation are fit for human consumption, palatable and of good quality.
Identification of the offshore installation
19
Save where the nature of the structure makes it impracticable to do so, the duty holder shall ensure that the offshore installation —
a
displays its name or other designation in such a manner as to make the installation readily identifiable on approach by sea or air; and
b
displays no name, letters or figures likely to be confused with the name or other designation of another offshore installation.
Certificates of exemption
20
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, offshore installation or class of persons or offshore installations from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Application of the Employers' Liability (Compulsory Insurance) Act 1969
21
1
The 1969 Act shall apply to employers of relevant employees employed for work on or from offshore installations, or on or from associated structures in the course of activities undertaken on or in connection with such installations, subject to such modifications and extensions as are hereafter in this regulation prescribed.
2
In section 1 of the 1969 Act applied as aforesaid —
a
in subsection (1) the words “carrying on any business in Great Britain” shall be omitted and, for the words from “his employees” to the end of the subsection, there shall be substituted the words “those of his relevant employees who are employed by him for work on or from an offshore installation, or on or from an associated structure in the course of an activity undertaken on or in connection with an offshore installation, and arising out of and in the course of their employment for that work”; and
b
at the end of paragraph (d) of subsection (3) there shall be added the following paragraph —
e
any expression to which a meaning is given by the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995, and to which a meaning is not given by this Act, shall have the same meaning in this Act.
3
Section 2(2)(b) of the 1969 Act applied as aforesaid shall have no effect.
4
In section 4(2)(a) of the 1969 Act applied as aforesaid, after the word “insurance” there shall be inserted the words “or make arrangements to secure the maintenance of such copies on offshore installations or associated structures”.
5
After section 5 of the 1969 Act applied as aforesaid there shall be inserted the following sections —
Liability of owners of offshore installations
5A
1
In respect of any offshore installation, it shall be the duty of the owner of the installation to ensure that requirements imposed by or under this Act are complied with and where, in respect of that installation —
a
any employer is on any day not insured in accordance with this Act, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; or
b
any person fails to comply with a requirement imposed by or under section 4 of this Act, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
In proceedings against the owner of an installation for an offence under this section it shall be a defence for the accused to prove —
a
that he has used all due diligence to prevent the commission of the offence; and
b
that any relevant contravention was committed without his consent, connivance or wilful default.
3
Section 37 of the Health and Safety at Work etc. Act 1974 shall apply in relation to an offence under this section as if it were an offence under that Act.
4
In proceedings for an offence under this section an averment in any process of the fact that anything was done or situated within relevant waters shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment.
5
Proceedings for any offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
6
References in this section to “the owner”, in relation to an offshore installation, are to the person who controls the operation of the installation.
5B
No proceedings shall be instituted in England and Wales for any offence under this Act in respect of an offshore installation except by the Secretary of State or by a person authorised in that behalf by the Secretary of State.
Repeals and modifications of the 1971 Act
22
1
The provisions of the 1971 Act specified in column 1 of Part I of Schedule 1 are repealed to the extent specified in the corresponding entry in column 3 of that Part.
2
Section 12(1) of the 1971 Act shall have effect subject to the modifications specified in Part II of Schedule 1.
Revocation and modification of instruments
23
1
The instruments specified in column 1 of Part I of Schedule 2 shall be revoked to the extent specified in column 3 of that Part.
2
Regulation 29 of the Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 shall be revoked.
3
The instruments specified in Part II of Schedule 2 shall have effect subject to the modifications specified in that Part.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
21st March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Family Health Services Authorities) (Prescribing Incentive Schemes) Regulations 1995 and shall come into force on 1st April 1995.
2
In regulation 2 —
“ the Act ” means the National Health Service Act 1977;
“directions” means directions given by the Secretary of State under section 17 of the Act;
“ FHSA ” means Family Health Services Authority;
“practice” means one with respect to which section 18(1) of the National Health Service and Community Care Act 1990 Act applies;
“prescribing incentive scheme” means a scheme under which an FHSA is required to make a payment to a practice which, in any financial year, has contained its prescribing costs as specified in directions.
Prescribed function of Family Health Services Authorities
2
For the purposes of section 15(1)(b) of the Act it shall be a prescribed function of each FHSA to establish, operate and make payments to practices under a prescribing incentive scheme in accordance with directions.
Gerald Malone
Minister of State,
Department of Health
9th March 1995