text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Special Educational Needs Tribunal Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1993 Act ” means the Education Act 1993;
“the authority” means the local education authority which made the disputed decision;
“child” means the child in respect of whom the appeal is brought;
“disputed decision” means the decision or determination in respect of which the appeal is brought;
“the clerk to the tribunal ” means the person appointed by the Secretary of the Tribunal to act in that capacity at one or more hearings;
“hearing” means a sitting of the tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;
“parent” means a parent who has made an appeal to the Special Educational Needs Tribunal under the 1993 Act;
“records” means the records of the Special Educational Needs Tribunal;
“the Secretary of the Tribunal” means the person for the time being acting as the Secretary of the office of the Special Educational Needs Tribunal;
“the tribunal” means the Special Educational Needs Tribunal but where the President has determined pursuant to regulation 4(1) that the jurisdiction of the Special Educational Needs Tribunal is to be exercised by more than one tribunal, it means, in relation to any proceedings, the tribunal to which the proceedings have been referred by the President;
“working day”, except in regulation 24, means any day other than —
a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971; or
a day in August.
Members of lay panel
3
No person may be appointed as a member of the lay panel unless the Secretary of State is satisfied that he has knowledge and experience in respect of —
a
children with special educational needs; or
b
local government.
Establishment of tribunals
4
1
Such number of tribunals shall be established to exercise the jurisdiction of the Special Educational Needs Tribunal as the President may from time to time determine.
2
The tribunals shall sit at such times and in such places as may from time to time be determined by the President.
Membership of tribunal
5
1
Subject to the provisions of regulation 28(5), the tribunal shall consist of a chairman and two other members.
2
For each hearing —
a
the chairman shall be the President or a person selected from the chairman’s panel by the President; and
b
the two other members of the tribunal other than the chairman shall be selected from the lay panel by the President.
Proof of documents and certification of decisions
6
1
A document purporting to be a document issued by the Secretary of the Tribunal on behalf of the Special Educational Needs Tribunal shall, unless the contrary is proved, be deemed to be a document so issued.
2
A document purporting to be certified by the Secretary of the Tribunal to be a true copy of a document containing a decision of the tribunal shall, unless the contrary is proved, be sufficient evidence of matters contained therein.
PART 2
MAKING AN APPEAL TO THE TRIBUNAL AND REPLY BY THE AUTHORITY
(A)
THE PARENT
Notice of appeal
7
1
An appeal to the Special Educational Needs Tribunal shall be made by notice which —
a
shall state —
i
the name and address of the parent making the appeal and if more than one address is given, the address to which the tribunal should send replies or notices concerning the appeal;
ii
the name of the child;
iii
that the notice is a notice of appeal;
iv
the name of the authority which made the disputed decision and the date on which the parent was notified of it;
v
the grounds of the appeal;
vi
if the parent seeks an order that a school (other than one already named in the statement of special educational needs relating to the child) be named in the child’s statement, the name and address of that school;
b
shall be accompanied by —
i
a copy of the notice of the disputed decision;
ii
where the appeal is made under section 170 of, or paragraph 8 of Schedule 10 to, the 1993 Act, a copy of the statement of special educational needs relating to the child; and
c
may state the name, address and profession of any representative of the parent to whom the tribunal should (subject to any notice under regulation 42(2)(a)) send replies or notices concerning the appeal instead of the parent.
2
The parent shall sign the notice of appeal.
3
The parent must deliver the notice of appeal to the Secretary of the Tribunal so that it is received no later than the first working day after the expiry of 2 months from the date on which the authority gave him notice, under Part III of the 1993 Act, that he had a right of appeal.
Response, and supplementary provisions
8
1
If the authority delivers a reply under regulation 12 the parent may deliver a written response to it.
2
A response under paragraph (1) above must be delivered to the Secretary of the Tribunal not later than 15 working days from the date on which the parent receives a copy of the authority’s written reply from the Secretary of the Tribunal.
3
Subject to paragraph (5) below a response under paragraph (1) shall include all written evidence which the parent wishes to submit to the tribunal (unless such evidence was delivered with the notice of appeal);
4
The parent may in exceptional cases (in addition to delivering a response under paragraph (1) above) —
a
with the permission of the President, at any time before the hearing; or
b
with the permission of the tribunal at the hearing itself — amend the notice of appeal or any response, deliver a supplementary statement of grounds of appeal or amend a supplementary statement of grounds of appeal.
5
The parent may in exceptional cases —
a
with the permission of the President at any time within 15 working days from the date on which a response under paragraph (2) above could have been delivered, or
b
with the permission of the tribunal at the hearing itself — deliver written evidence (if he has not previously done so) or further written evidence.
6
The parent shall deliver a copy of every amendment and supplementary statement made under paragraph (4)(a) above and any written evidence delivered under paragraph (5)(a) above to the Secretary of the Tribunal.
Withdrawal of appeal
9
The parent may —
a
at any time before the hearing of the appeal withdraw his appeal by sending to the Secretary of the Tribunal a notice signed by him stating that he withdraws his appeal;
b
at the hearing of the appeal, withdraw his appeal.
Further action by parent
10
1
The parent shall supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 17.
2
If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of his appeal.
Representatives of the parent: further provisions
11
1
Where a parent has not stated the name of a representative in the notice of appeal pursuant to regulation 7(1)(c) he may at any time before the hearing notify the Secretary of the Tribunal in writing of the name, address and profession of a representative to whom the tribunal should (subject to any notice under regulation 42(2)(a)) send any subsequent documents or notices concerning the appeal instead of to the parent;
2
Where a parent has stated the name of a representative, whether in the notice of appeal pursuant to regulation 7(1)(c) or pursuant to paragraph (1) above, he may at any time notify the Secretary of the Tribunal in writing —
a
of the name, address and profession of a new representative of the parent to whom the tribunal should send documents or notices concerning the appeal instead of to the representative previously notified; or
b
that no person is acting as a representative of the parent and accordingly any subsequent documents or notices concerning the appeal should be sent to the parent himself.
3
If the person named by the parent as a representative under regulation 7(1)(c) or paragraphs (1) or (2)(a) above notifies the Secretary of the Tribunal in writing that he is not prepared, or is no longer prepared, to act in that capacity —
a
the Secretary of the Tribunal shall notify the parent, and
b
any subsequent documents or notices concerning the appeal shall be sent to the parent himself.
4
At a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and be represented by one person whether or not legally qualified:
Provided that, if the President gives permission before the hearing or the tribunal gives permission at the hearing, the parent may obtain assistance or be represented by more than one person.
(B)
THE REPLY BY THE AUTHORITY
Action by the authority on receipt of a notice of appeal
12
1
An authority which receives a copy of a notice of appeal shall deliver to the Secretary of the Tribunal a written reply acknowledging service upon it of the notice of appeal and stating —
a
whether or not the authority intends to oppose the appeal and, if it does intend to oppose the appeal, the grounds on which it relies; and
b
the name and profession of the representative of the authority and the address for service of the authority for the purposes of the appeal.
2
The authority’s reply shall include —
a
a statement summarising the facts relating to the disputed decision;
b
if they are not part of the decision, the reasons for the disputed decision; and
c
subject to regulation 13(3) all written evidence which the authority wishes to submit to the tribunal.
3
Every such reply shall be signed by an officer of the authority who is authorised to sign such documents and shall be delivered to the Secretary of the Tribunal not later than 20 working days after the date on which the copy of the notice of appeal was received by the authority from the Secretary of the Tribunal.
Amendment of reply by the authority
13
1
The authority, if it has delivered a reply pursuant to regulation 12, may, in exceptional cases —
a
with the permission of the President at any time before the hearing; or
b
with the permission of the tribunal at the hearing itself
amend its reply, deliver a supplementary reply or amend a supplementary reply.
2
The President or, as the case may be, the tribunal may give permission under paragraph (1) above on such terms as he or it thinks fit including the payment of costs or expenses.
3
The authority may, in exceptional cases —
a
with the permission of the President at any time within 15 working days from the date on which the parent could have delivered a response under regulation 8(1); or
b
with the permission of the tribunal at the hearing itself
deliver written evidence (if it has not previously done so) or further written evidence.
4
The authority shall send a copy of every amendment and supplementary statement made before the hearing to the Secretary of the Tribunal.
Failure to reply and absence of opposition
14
If no reply is received by the Secretary of the Tribunal within the time appointed by regulation 12(3) or if the authority states in writing that it does not resist the appeal, or withdraws its opposition to the appeal the tribunal shall —
a
determine the appeal on the basis of the notice of appeal without a hearing; or
b
without notifying the authority hold a hearing at which the authority is not represented.
Representation at hearing and further action by the authority
15
1
At a hearing or part of a hearing the authority may be represented by one person whether or not legally qualified:
Provided that if the President gives permission before the hearing or the tribunal gives permission at the hearing the authority may be represented by more than one person.
2
The authority shall supply the Secretary of the Tribunal with the information requested in the enquiry made under Regulation 17.
3
If the authority does not intend to attend or be represented at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of its reply.
PART 3
PREPARATION FOR A HEARING
Acknowledgement of appeal and service of documents by the Secretary of the Tribunal
16
1
Upon receiving a notice of appeal the Secretary of the Tribunal shall —
a
enter particulars of it in the records;
b
send to the parent —
i
an acknowledgement of its receipt and a note of the case number entered in the records;
ii
a note of the address to which notices and communications to the Special Educational Needs Tribunal or to the Secretary of the Tribunal should be sent; and
iii
notification that advice about the appeal procedure may be obtained from the office of the Special Educational Needs Tribunal;
c
subject to paragraph (6) below, send to the authority —
i
a copy of the notice of appeal and any accompanying papers;
ii
a note of the address to which notices and communications to the Special Educational Needs Tribunal or to the Secretary of the Tribunal should be sent, and
iii
a notice stating the time for replying and the consequences of failure to do so.
2
Where the Secretary of the Tribunal is of the opinion that, on the basis of the notice of appeal, the parent is asking the Special Educational Needs Tribunal to do something which it cannot, he may give notice to that effect to the parent stating the reasons for his opinion and informing him that the notice of appeal will not be entered in the records unless the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.
3
Where the Secretary of the Tribunal is of the opinion that there is an obvious error in the notice of appeal —
a
he may correct that error and if he does so shall notify the parent accordingly and such notification shall state the effect of sub-paragraph (b) below; and
b
unless within 5 working days the parent notifies the Secretary of the Tribunal that he objects to the correction, the notice of appeal as so corrected shall be treated as the notice of appeal for the purposes of these Regulations.
4
An appeal, as respects which a notice has been given under paragraph (2) above, shall only be treated as having been received for the purposes of paragraph (1) when the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.
5
Subject to paragraph (6) below, the Secretary of the Tribunal shall forthwith send a copy of a reply by the authority under regulation 12 and of a response under regulation 8 together with any amendments or supplementary statements, written representations, written evidence or other documents received from a party, to the other party to the proceedings.
6
If a notice of appeal, reply by the authority under regulation 12 or response by the parent under regulation 8 is delivered to the Secretary of the Tribunal after the time prescribed by these Regulations, the Secretary of the Tribunal shall defer the sending of the copies referred to in paragraph (l)(c) or (5) above pending a decision by the President as to an extension of the time limit pursuant to regulation 41.
Enquiries by the Secretary of the Tribunal
17
The Secretary of the Tribunal shall, at any time after he has received the notice of appeal —
a
enquire of each party —
i
whether or not the party intends to attend the hearing;
ii
whether the party wishes to be represented at the hearing in accordance with regulation 11(4) or 15(1) and if so the name of the representative;
iii
whether the party wishes the hearing to be in public;
iv
whether the party intends to call witnesses and if so the names of the proposed witnesses; and
v
whether the party or a witness will require the assistance of an interpreter; and
b
enquire of the parent whether he wishes any persons (other than a person who will represent him or any witness which he proposes to call) to attend the hearing if the hearing is to be in private and if so the names of such persons.
Directions in preparation for a hearing
18
1
The President may at any time before the hearing give such directions (including the issue of a witness summons) as are provided in this Part of these Regulations to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.
2
Directions given pursuant to regulations 20 and 21 may be given on the application of a party or of the President’s own motion.
3
A witness summons issued pursuant to regulation 22 may only be issued on the application of a party.
4
An application by a party for directions shall be made in writing to the Secretary of the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Secretary of the Tribunal on that other party. If the other party objects to the directions sought, the President shall consider the objection and, if he considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before him.
5
Directions containing a requirement under this Part of these Regulations shall, as appropriate —
a
include a statement of the possible consequences for the appeal, as provided by regulation 23, of a party’s failure to comply with the requirement within the time allowed by the President; and
b
contain a reference to the fact that, under section 180(5) of the 1993 Act, any person who without reasonable excuse fails to comply with requirements regarding discovery or inspection of documents, or regarding attendance to give evidence and produce documents, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and shall, unless the person to whom the direction is addressed had an opportunity of objecting to the direction, contain a statement to the effect that that person may apply to the President under regulation 19 to vary or set aside the direction.
Varying or setting aside of directions
19
Where a person to whom a direction (including any summons) given under this Part of these Regulations is addressed had no opportunity to object to the giving of such direction, he may apply to the President, by notice to the Secretary to the Tribunal, to vary it or set it aside, but the President shall not so do without first notifying the person who applied for the direction and considering any representations made by him.
Particulars and supplementary statements
20
The President may give directions requiring any party to provide such particulars or supplementary statements as may be reasonably required for the determination of the appeal.
Disclosure of documents and other material
21
1
The President may give directions requiring a party to deliver to the tribunal any document or other material which the tribunal may require and which it is in the power of that party to deliver. The President shall make such provision as he thinks necessary to supply copies of any document obtained under this paragraph to the other party to the proceedings, and it shall be a condition of such supply that that party shall use such a document only for the purposes of the appeal.
2
The President may grant to a party such discovery or inspection of documents (including the taking of copies) as might be granted by a county court.
Summoning of witnesses
22
The President may by summons require any person in England and Wales to attend as a witness at a hearing of an appeal at such time and place as may be specified in the summons and at the hearing to answer any questions or produce any documents or other material in his custody or under his control which relate to any matter in question in the appeal:
Provided that —
no person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce at a trial of an action in a Court of law;
in exercising the powers conferred by this regulation, the President shall take into account the need to protect any matter that relates to intimate personal or financial circumstances or consists of information communicated or obtained in confidence;
no person shall be required to attend in obedience to such a summons unless he has been given at least 5 working days' notice of the hearing or, if less than 5 working days, he has informed the President that he accepts such notice as he has been given; and
no person shall be required in obedience to such a summons to attend and give evidence or to produce any document unless the necessary expenses of his attendance are paid or tendered to him.
Failure to comply with directions
23
1
If a party has not complied with a direction to it under this Part of these Regulations within the time specified in the direction the tribunal may —
a
where the party in default is the parent, dismiss the appeal without a hearing;
b
where the party in default is the authority, determine the appeal without a hearing; or
c
hold a hearing (without notifying the party in default) at which the party in default is not represented or, where the parties have been notified of the hearing under regulation 24, direct that neither the party in default nor any person whom he intends should represent him be entitled to attend the hearing;
2
In this regulation “the party in default” means the party which has failed to comply with the direction.
Notice of place and time of hearing and adjournments
24
1
Subject to the provisions of regulation 25, the Secretary of the Tribunal shall, after consultation with the parties, fix the time and place of the hearing and send to each party a notice that the hearing is to be at such time and place.
2
The notice referred to in paragraph (1) above shall be sent —
a
not less than 5 working days before the date fixed for the hearing where the hearing is held under regulation 14, 31 or 36;
b
not less than 10 working days before the date fixed for the hearing in any other case or within such shorter period before the date fixed for the hearing as the parties may agree.
3
The Secretary of the Tribunal shall include in or with the notice of hearing —
a
information and guidance, in a form approved by the President, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation or assistance as provided by regulation 11(4) or 15(1); and
b
a statement explaining the possible consequences of non-attendance and of the right of —
i
a parent; and
ii
the authority, if it has presented a reply,
who does not attend and is not represented, to make representations in writing.
4
The tribunal may alter the time and place of any hearing and the Secretary of the Tribunal shall give the parties not less than 5 working days (or such shorter time as the parties agree) notice of the altered hearing date:
Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1) .
5
The tribunal may from time to time adjourn the hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
6
Nothing in paragraphs (1) or (4) above shall oblige the Secretary of the Tribunal to consult, or send a notice to any party who by virtue of any provision of these Regulations is not entitled to be represented at the hearing.
7
In this regulation “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
PART 4
DETERMINATION OF APPEALS
Power to determine an appeal without a hearing
25
1
The tribunal may —
a
if the parties so agree in writing; or
b
in the circumstances described in regulations 14 and 23,
determine an appeal or any particular issue without a hearing.
2
The provisions of regulation 27(2) shall apply in respect of the determination of an appeal, or any particular issue, under this regulation.
Hearings to be in private: exceptions
26
1
A hearing by the tribunal shall be in private unless —
a
both the parent and the authority request that the hearing be in public; or
b
the President, at any time before the hearing, or the tribunal at the hearing, orders that the hearing should be in public.
2
The following persons (as well as the parties and their representatives and witnesses) shall be entitled to attend the hearing of an appeal, even though it is in private —
a
subject to the provisions of paragraph (8), below, any person named by the parent in response to the enquiry under regulation 17(b) unless the President has determined that any such person should not be entitled to attend the hearing and notified the parent accordingly;
b
a parent of the child who is not a party to the appeal;
c
the clerk to the tribunal and the Secretary of the Tribunal;
d
the President and any member of the chairmen’s or lay panel (when not sitting as members of the tribunal);
e
a member of the Council on Tribunals;
f
any person undergoing training as a member of the chairmen’s or lay panel or as a clerk to the tribunal;
g
any person acting on behalf of the President in the training or supervision of clerks to tribunals;
h
an interpreter.
3
The tribunal, with the consent of the parties or their representatives actually present, may permit any other person to attend the hearing of an appeal which is held in private.
4
Without prejudice to any other powers it may have, the tribunal may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the tribunal, to disrupt the hearing.
5
For the purposes of arriving at its decision a tribunal shall, and for the purposes of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons to withdraw from the sitting of the tribunal other than the members of the tribunal or any of the persons mentioned in paragraph (2)(c) to (f) above.
6
Except as provided in paragraph (7) below none of the persons mentioned in paragraphs (2) or (3) above shall, save in the case of the clerk to the tribunal or an interpreter as their respective duties require, take any part in the hearing or (where entitled or permitted to remain) in the deliberations of the tribunal.
7
The tribunal may permit a parent of the child who is not a party to the appeal to address the tribunal on the subject matter of the appeal.
8
Where the parent has named more than two persons in response to the enquiry under regulation 17(b) only two persons shall be entitled to attend the hearing unless the President has given permission before the hearing or the tribunal gives permission at the hearing for a greater number to attend.
Failure of parties to attend hearing
27
1
If a party fails to attend or be represented at a hearing of which he has been duly notified, the tribunal may —
a
unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing.
2
Before disposing of an appeal in the absence of a party, the tribunal shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this regulation the notice of appeal, any reply by the authority under regulations 12 or 13 and any response by the parent under regulation 8 shall be treated as representations in writing.
Procedure at hearing
28
1
At the beginning of the hearing the chairman shall explain the order of proceeding which the tribunal proposes to adopt.
2
The tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues and generally to the just handling of the proceedings; it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings.
3
The tribunal shall determine the order in which the parties are heard and the issues determined.
4
The tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on grounds not stated in his notice of appeal or, as the case may be, his reply or response and to adduce any evidence not presented to the authority before or at the time it took the disputed decision.
5
If at or after the commencement of any hearing a member of the tribunal other than the chairman is absent, the hearing may, with the consent of the parties, be conducted by the other two members and in that event the tribunal shall be deemed to be properly constituted and the decision of the tribunal shall be taken by those two members.
Evidence at hearing
29
1
In the course of the hearing the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal both on the evidence and generally on the subject matter of the appeal:
Provided that neither party shall be entitled to call more than two witnesses to give evidence orally (in addition to any witnesses whose attendance is required pursuant to paragraph (2) below) unless the President has given permission before the hearing or the tribunal gives permission at the hearing.
2
Evidence before the tribunal may be given orally or by written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any maker of any written statement:
Provided that neither party shall be entitled to give evidence by written statement if such evidence was not submitted with the notice of appeal or submitted in accordance with regulation 8 or (as appropriate) regulations 12 or 13.
3
The tribunal may receive evidence of any fact which appears to the tribunal to be relevant.
4
The tribunal may require any witness to give evidence on oath or affirmation, and for that purpose there may be administered an oath or affirmation in due form, or may require any evidence given by written statement to be given by affidavit.
Decision of the tribunal
30
1
A decision of the tribunal may be taken by a majority and where the tribunal is constituted by two members only under regulation 28(5) the chairman shall have a second or casting vote.
2
The decision of the tribunal may be given orally at the end of the hearing or reserved and, in any event, whether there has been a hearing or not shall be recorded forthwith in a document which, save in the case of a decision by consent, shall also contain, or have annexed to it, a statement of the reasons (in summary form) for the tribunal’s decision, and each such document shall be signed and dated by the chairman.
3
Neither a decision given orally nor the document referred to in paragraph (2) above shall contain any reference to the decision being by majority (if that be the case) or to any opinion of a minority.
4
Every decision of the tribunal shall be entered in the records.
5
As soon as may be the Secretary of the Tribunal shall send a copy of the document referred to in paragraph (2) above to each party, accompanied by guidance, in a form approved by the President, about the circumstances in which there is a right to appeal against a tribunal decision and the procedure to be followed.
6
Where, under regulations 7(1)(c), or 11(1) or (2)(a) a parent has stated the name of a representative the Secretary of the Tribunal shall (notwithstanding regulation 42) send a copy of the documents referred to in paragraph (5) above to the parent as well as to the representative.
7
Every decision shall be treated as having been made on the date on which a copy of the document recording it is sent to the parent (whether or not the decision has been previously announced at the end of the hearing).
Review of the tribunal’s decision
31
1
Any party may apply to the Secretary of the Tribunal for the decision of the tribunal to be reviewed on the grounds that —
a
its decision was wrongly made as a result of an error on the part of the tribunal staff;
b
a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear;
c
there was an obvious error in the decision of the tribunal which decided the case; or
d
the interests of justice require.
2
An application for the purposes of paragraph (1) above shall be made not later than 10 working days after the date on which the decision was sent to the parties and shall be in writing stating the grounds in full.
3
An application for the purposes of paragraph (1) above may be refused by the President, or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success, but if such an application is not refused —
a
the parties shall have an opportunity to be heard on the application for review; and
b
the review shall be determined by the tribunal which decided the case or, where it is not practicable for it to be heard by that tribunal, by a tribunal appointed by the President.
4
The tribunal may of its own motion review its decision on any of the grounds referred to in sub-paragraphs (a) to (d) of paragraph (1) above, and if it proposes to do so —
a
it shall serve notice on the parties not later than ten working days after the date on which the decision was sent to the parties; and
b
the parties shall have an opportunity to be heard on the proposal for review.
5
If, on the application of a party under paragraphs (1) to (3) above or of its own motion under paragraph (4) above the tribunal is satisfied as to any of the grounds referred to in sub-paragraphs (a) to (d) of paragraph (1) above, the tribunal may review and, by certificate under the chairman’s hand, set aside or vary the relevant decision.
6
If, having reviewed the decision, the decision is set aside, the tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted tribunal.
7
If any decision is set aside or varied under this regulation or altered in any way by order of a superior court, the Secretary of the Tribunal shall alter the entry in the records to conform with the chairman’s certificate or order of a superior court and shall notify the parties accordingly.
Review of the President’s decision
32
1
If, on the application of a party to the Secretary of the Tribunal or of his own motion the President is satisfied that —
a
a decision by him was wrongly made as a result of an error on the part of the tribunal staff;
b
there was an obvious error in his decision; or
c
the interests of justice require, the President may review and set aside or vary the relevant decision of his.
2
An application for the purposes of paragraph (1) above shall be made not later than 10 working days after the date on which the party making the application was notified of the decision and shall be in writing stating the grounds in full. Where the President proposes to review his decision of his own motion he shall serve notice of that proposal on the parties within the same period.
3
The parties shall have an opportunity to be heard on any application or proposal for review under this regulation and the review shall be determined by the President.
4
If any decision is set aside or varied under this regulation the Secretary of the Tribunal shall alter the entry in the records and shall notify the parties accordingly.
Orders for costs and expenses
33
1
The tribunal shall not normally make an order in respect of costs and expenses, but may, subject to paragraph (2) below, make such an order —
a
against a party (including any party who has withdrawn his appeal or reply) if it is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable;
b
against a party which has failed to attend or be represented at a hearing of which he has been duly notified;
c
against the authority where it has not delivered a written reply under regulation 12; or
d
against the authority, where it considers that the disputed decision was wholly unreasonable.
2
Any order in respect of costs and expenses may be made —
a
as respects any costs or expenses incurred, or any allowances paid; or
b
as respects the whole, or any part, of any allowance (other than allowances paid to members of tribunals) paid by the Secretary of State under section 180(3) of the 1993 Act to any person for the purposes of, or in connection with, his attendance at the tribunal.
3
No order shall be made under paragraph (1) above against a party without first giving that party an opportunity of making representations against the making of the order.
4
An order under paragraph (1) above may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).
5
Any costs required by an order under this regulation to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed in the order.
PART 5
ADDITIONAL POWERS OF AND PROVISIONS RELATING TO THE TRIBUNAL
Transfer of proceedings
34
Where it appears to the President that an appeal pending before a tribunal could be determined more conveniently in another tribunal he may at any time, upon the application of a party or of his own motion, direct that the said proceedings be transferred so as to be determined in that other tribunal:
Provided that no such direction shall be given unless notice has been sent to all parties concerned giving them an opportunity to show cause why such a direction should not be given.
Miscellaneous powers of the tribunal
35
1
Subject to the provisions of the 1993 Act and these Regulations, a tribunal may regulate its own procedure.
2
A tribunal may, if it thinks fit, if both parties agree in writing upon the terms of a decision to be made by the tribunal, decide accordingly.
Power to strike out
36
1
The Secretary of the Tribunal shall, at any stage of the proceedings if the authority applies or the President so directs serve a notice on the parent stating that it appears that the appeal should be struck out on one or both of the grounds specified in paragraph (2) below or for want of prosecution.
2
The grounds referred to in paragraph (1) above are that —
a
the appeal is not, or is no longer, within the jurisdiction of the Special Educational Needs Tribunal;
b
the notice of the appeal is, or the appeal is or has become, scandalous, frivolous or vexatious.
3
The notice under paragraph (1) above shall state that the parent may make representations in accordance with paragraph (8) below.
4
The tribunal, after considering any representations duly made, may order that the appeal should be struck out on one or both of the grounds specified in paragraph (2) above or for want of prosecution.
5
The tribunal may make such an order without holding a hearing unless either party requests the opportunity to make oral representations, and if the tribunal holds a hearing it may be held at the beginning of the hearing of the substantive appeal.
6
The President may, if he thinks fit, at any stage of the proceedings order that a reply, response or statement should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.
7
Before making an order under paragraph (6) above, the President shall give to the party against whom he proposes to make the order a notice inviting representations and shall consider any representations duly made.
8
For the purposes of this regulation —
a
a notice inviting representations must inform the recipient that he may, within a period (not being less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations;
b
representations are duly made if —
i
in the case of written representations, they are made within the period so specified; and
ii
in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the period so specified.
Power to exercise powers of President and Chairman
37
1
An act required or authorised by these Regulations to be done by the President may be done by a member of the chairman’s panel authorised by the President.
2
Where, pursuant to paragraph (1) above, a member of the chairman’s panel carries out the function under regulation 5(2) of selecting the chairman of a tribunal, he may select himself.
3
Where, pursuant to paragraph (1) above a member of the chairman’s panel makes a decision, regulation 32 shall apply in relation to that decision taking the reference in that regulation to the President as a reference to the member of the chairman’s panel by whom the decision was taken.
4
Subject to regulation 39(6) in the event of the death or incapacity of the chairman following the decision of the tribunal in any matter, the functions of the chairman for the completion of the proceedings, including any review of the decision, may be exercised by the President or any member of the chairman’s panel.
The Secretary of the Tribunal
38
A function of the Secretary of the Tribunal may be performed by another member of the staff of the Tribunal authorised for the purpose of carrying out that function by the President.
Irregularities
39
1
An irregularity resulting from failure to comply with any provisions of these Regulations or of any direction of the tribunal before the tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any such irregularity comes to the attention of the tribunal, the tribunal may, and shall, if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just before reaching its decision to cure or waive the irregularity.
3
Clerical mistakes in any document recording a decision of the tribunal or a direction or decision of the President produced by or on behalf of the tribunal or errors arising in such documents from accidental slips or omissions may at any time be corrected by the chairman or the President (as the case may be) by certificate under his hand.
4
The Secretary of the Tribunal shall as soon as may be send a copy of any corrected document containing reasons for the tribunal’s decision, to each party.
5
Where under regulations 7(1)(c) or 11(1) or (2)(a) a parent has stated the name of a representative the Secretary of the Tribunal shall (notwithstanding regulation 42) send a copy of the document referred to in paragraph (4) above to the parent as well as to the representative.
6
Where by these Regulations a document is required to be signed by the chairman but by reason of death or incapacity the chairman is unable to sign such a document, it shall be signed by the other members of the tribunal, who shall certify that the chairman is unable to sign.
Method of sending, delivering or serving notices and documents
40
1
A notice given under these Regulations shall be in writing and where under these Regulations provision is made for a party to notify the Secretary of the Tribunal of any matter he shall do so in writing.
2
All notices and documents required by these Regulations to be sent or delivered to the Secretary of the Tribunal or the tribunal may be sent by post or by facsimile or delivered to or at the office of the Special Educational Needs Tribunal or such other office as may be notified by the Secretary of the Tribunal to the parties.
3
All notices and documents required or authorised by these Regulations to be sent or given to any person mentioned in sub-paragraph (a) or (b) below may (subject to paragraph (5) below) either be sent by first class post or by facsimile or delivered to or at —
a
in the case of a notice or document directed to a party —
i
his address for service specified in the notice of appeal or in a written reply or in a notice under paragraph (4) below, or
ii
if no address for service has been so specified his last known address; and
b
in the case of a notice or document directed to any person other than a party, his address or place of business or if such a person is a corporation, the corporation’s registered or principal office and if sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.
4
A party may at any time by notice to the Secretary of the Tribunal change his address for service under these Regulations.
5
The recorded delivery service shall be used instead of the first class post for service of a summons issued under regulation 22 requiring the attendance of a witness.
6
A notice or document sent by the Secretary of the Tribunal by post in accordance with these Regulations, and not returned, shall be taken to have been delivered to the addressee on the second working day after it was posted.
7
A notice or document sent by facsimile shall be taken to have been delivered when it is received in legible form.
8
Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this regulation, the President may dispense with service or make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under this regulation.
Extensions of time
41
1
Where, pursuant to any provision of these Regulations anything is required to be done by a party within a period of time the President may, on the application of the party in question or of his own motion, in exceptional circumstances extend any period of time.
2
Where a period of time has been extended pursuant to paragraph (1) above any reference in these Regulations to that period of time shall be construed as a reference to the period of time as so extended.
Parent’s representative
42
1
Subject to paragraph (2) below where, pursuant to regulations 7(1)(c) or 11(1) or (2)(a) a parent has stated the name of a representative, any reference in Parts 3, 4 or 5 of these Regulations (however expressed) to sending documents to, or giving notice to, the parent shall be construed as a reference to sending documents to or giving notice to the representative and any such reference to sending documents to or giving notice to a party or the parties shall in the context of the parent be likewise construed as a reference to sending documents to, or giving notice to the representative.
2
Paragraph (1) above does not apply if —
a
the parent has notified the Secretary of the Tribunal that he does not wish it to apply;
b
the parent has notified the Secretary of the Tribunal under regulation 11(2)(b) that no person is acting as a representative; or
c
the representative named has notified the Secretary of the Tribunal under regulation 11(3) that he is not prepared or no longer prepared to act in that capacity.
Revocation and Transitional Provisions
43
1
The Special Educational Needs Tribunal Regulations 1994 (in this regulation referred to as “the 1994 Regulations”) are hereby revoked.
2
Notwithstanding paragraph (1) above —
a
any notice of appeal received before 1st March 1996 may comply either with regulation 7 of the 1994 Regulations or with regulation 7 of these Regulations; and
b
the 1994 Regulations shall continue to apply in relation to any appeal where the notice of appeal was entered in the records under regulation 17(2) of the 1994 Regulations before 1st January 1996.
Gillian Shephard
Secretary of State for Education and Employment
21st November 1995
William Hague
Secretary of State for Wales
30th November 1995


type: legislation

jurisdiction: UK

text:
Title and Commencement
1
This Order may be cited as the Judicial Pensions (Guaranteed Minimum Pension etc) Order 1995 and shall come into force on 1st November 1995.
Interpretation
2
In this Order —
“ the Act ”means the Pension Schemes Act 1993;
“the 1993 Act ”means the Judicial Pensions and Retirement Act 1993;
“office-holder”means a person who holds, or has held, qualifying judicial office;
“pensionable age”has the meaning given to it in the Act;
“Principal Appointed Day”means the day designated by an order under section 180 of the Pensions Act 1995 as the principal appointed day for the purposes of Part III of that Act;
“qualifying judicial office”has the meaning given to it in section 1(6) of the 1993 Act; and
“the scheme”means the occupational pension scheme constituted by Part I of the 1993 Act.
Application
3
This Order shall apply in relation to an office-holder who is a member of the scheme by virtue of section 1 of the 1993 Act.
Entitlement to a pension
4
1
An office-holder who attains pensionable age and who has ceased to hold qualifying judicial office shall be entitled to receive, from that age, not less than the guaranteed minimum pension, the weekly rate of which shall be calculated in accordance with section 14, section 16(1) and (5) and section 18 of the Act, unless his accrued rights have been extinguished under section 60 of the Act.
2
The commencement of the office-holder’s guaranteed minimum pension may be postponed —
a
for a period, not exceeding five years, for which he continues to hold qualifying judicial office after attaining pensionable age;
b
with his consent, for a period exceeding five years for which he continues to hold qualifying judicial office after attaining pensionable age; or
c
with his consent, for a period for which he continues in employment after attaining pensionable age otherwise than in qualifying judicial office;
and in such a case section 15 of the Act shall apply to the calculation of the guaranteed minimum pension.
3
An office-holder —
a
who attains pensionable age;
b
who has ceased to hold qualifying judicial office;
c
to whom section 13(2) of the Act applies; and
d
who does not have a guaranteed minimum under sections 14 to 16 of the Act, shall be entitled to receive, from that age, a pension not less than the amount which would be determined as the office-holder’s guaranteed minimum, calculated in accordance with paragraph (1), were section 14(3)(b) not to apply to that office-holder.
4
The pension payable under this article shall continue for the life of the office-holder.
Surviving spouse’s guaranteed minimum pension
5
1
As from the date of death of an office-holder, whether before or after attaining pensionable age, his surviving spouse shall be entitled to receive a guaranteed minimum pension the weekly rate of which shall be no less than the guaranteed minimum ascertained in accordance with section 17(2) and (3) or (4) of the Act as appropriate.
2
Paragraph (1) shall apply, in the case of a widow, for the period mentioned in section 17(5) of the Act and, in the case of a widower, in the circumstances prescribed under section 17(6) of that Act.
3
Paragraph (1) shall not apply if —
a
at the date of his death the office-holder’s accrued rights to a guaranteed minimum pension have been extinguished under section 60 of the Act; or
b
the surviving spouse’s accrued rights are extinguished under that section.
Contribution in the event of marriage during retirement
6
1
Where an office-holder is unmarried on the date that he ceases to hold office, he may be required to undertake that, in return for payment of a lump sum to him under the scheme, he will on his first marriage afterwards pay a contribution in respect of the benefits that may become payable to his surviving spouse by virtue of article 5.
2
The contribution referred to in paragraph (1) shall be calculated in accordance with the formula
( ( A × B ) 200 ) × 3.4
where —
a
A is the number of years and days of actual and notional service in the scheme (expressed in years and fractions of a year) during the relevant period which were —
completed by him before he obtained pensionable age, and
not years —
during any part of which he was married, or
preceding a marriage of his contracted before he ceased to hold qualifying judicial office; and
b
B is such amount of the office-holder’s final annual salary which, expressed as a weekly rate, falls between the lower earnings limit and the upper earnings limit at the date he ceases to hold qualifying judicial office.
3
In this article —
“final annual salary”in relation to an office-holder means the annual rate of salary he was receiving immediately before he ceased to hold qualifying judicial office;
“notional service”means the period of service credited to an office-holder who transfers into the scheme from another judicial pension scheme, on the date of his transfer into the scheme, calculated in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995; ; and
“relevant period”means, in the case of a male office-holder, the period commencing on 6th April 1978 and ending on the Principal Appointed Day and, in relation to a female office-holder, the period commencing on 6th April 1988 and ending on the Principal Appointed Day.
Time of payment
7
Any pension to which there is an entitlement by virtue of this Order shall be payable at intervals of not more than three months.
Relationship to other benefits
8
Any pension to which there is an entitlement by virtue of this Order shall be reckoned towards and treated as part of any pension paid in relation to the office-holder under the scheme.
The Judicial Pensions (Requisite Benefits) Order 1988
9
The Judicial Pensions (Requisite Benefits) Order 1988 shall be amended as follows —
a
in article 2, after the definition of pensionable age, there shall be inserted the following definition —
“Principal Appointed Day”means the day designated by an order under section 180 of the Pensions Act 1995 as the principal appointed day for the purposes of Part III of that Act;
; and
b
in article 12(3), after the words “relevant service of his”, there shall be inserted the words “prior to the Principal Appointed Day”.
The Judicial Pensions (Preservation of Benefits) Order 1995
10
The Judicial Pensions (Preservation of Benefits) Order 1995, in so far as it relates to Northern Ireland, is hereby revoked and in the preamble to that Order —
a
the words “and Northern Ireland”and “and section 137 of the Pension Schemes (Northern Ireland) Act 1993 ”shall be omitted; and
b
for the words “those sections”there shall be substituted the words “that section”.
Mackay of Clashfern, C.
Dated 10th October 1995
M. B. Forsyth
One of Her Majesty’s Principal Secretaries of State
Dated 6th October 1995


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Enforcement of Northern Ireland Confiscation Orders) Order 1995 and shall come into force on 1st September 1995.
2
In this Order, “ the Act ” means the Criminal Justice Act 1988, “the Northern Ireland Order ” means the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 and “Northern Ireland confiscation order” means an order made by a court in Northern Ireland under Article 4 of the Northern Ireland Order (confiscation of proceeds of offences other than drug trafficking offences).
3
This Order extends to England and Wales only.
2
1
For the purposes of sections 76 to 88 of the Act (which make provision in connection with the enforcement of confiscation orders made in England and Wales), Part VI of the Act (confiscation of the proceeds of an offence) shall have effect as if —
a
references to confiscation orders included a reference to Northern Ireland confiscation orders;
b
references to proceedings in England and Wales or to the institution or conclusion in England and Wales of proceedings included a reference to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings, as the case may be;
c
the references to the laying of an information in section 76(2) and (4) included references to making a complaint under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 ;
d
subsections (3) to (10) of section 81 were omitted; and
e
any sums in the hands of a receiver which are to be applied on the defendant’s behalf towards the satisfaction of the confiscation order were required to be paid to the proper officer as defined in Article 18(10) of the Northern Ireland Order.
2
Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) shall not apply as respects the enforcement in England and Wales of orders made by the High Court in Northern Ireland under the Northern Ireland Order in relation to offences other than drug trafficking offences made on or after the date on which this Order comes into force.
3
A document purporting to be a copy of an order made by a court in Northern Ireland under or for the purposes of the Northern Ireland Order and to be certified as such by a proper officer of the court by which such order was made shall, in England and Wales, be received in evidence without further proof for the purposes of proceedings under Part VI of the Act as it has effect by virtue of this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Nottinghamshire Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March 1995.
2
In this Order —
“the Authority” means the North Nottinghamshire Health Authority;
“the Trust” means the Central Nottinghamshire 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 27th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ceredigion and Mid Wales 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 Ceredigion and Mid Wales 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 17th 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 Cardiff Community Healthcare 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 Cardiff Community 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 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:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits Schemes (Widows' et. Pensions Disregards) Amendment Regulations 1995 and shall come into force on 20th December 1995.
Amendment of widows' pensions disregards in the income-related benefits schemes
2
1
In this Regulation “the relevant provisions” means —
a
paragraph 14(c) of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 (sums to be disregarded in the calculation of income other than earnings);
b
paragraph 14(c) of Schedule 2 to the Family Credit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings);
c
paragraph 14(c) of Schedule 4 to the Housing Benefit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings);
d
paragraph (4) of regulation 42 of the Income Support (General) Regulations 1987 (notional income);
e
paragraph 16(c) of Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregtarded in the calculation of income other than earnings);
f
regulations 7 and 8 of the Income-related Benefits Schemes Amendment ( No. 2) Regulations 1995 (powers of local authorities to modify their housing benefit and council tax benefit schemes).
2
In each of the relevant provisions, after the words “the Naval and Marine Pay and Pensions Act 1865” there shall be inserted the words “or the Pensions and Yeomanry Pay Act 1884 ”.
Amendment of Schedule 3 to the Disability Working Allowance (General) Regulations
3
Paragraph 14 of Schedule 3 to the Disability Working Allowance (General) Regulations 1991 (sums to be disregarded in the calculation of income other than earnings) shall be amended as follows —
a
in sub-paragraph (a) for “8 or 9” there shall be substituted “6 or 7”;
b
in sub-paragraph (c) after the words “the Naval and Marine Pay and Pensions Act 1865”there shall be inserted the words “or the Pensions and Yeomanry Pay Act 1884”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) (Amendment) Regulations 1995 and shall come into force on 17th April 1995.
2
In these Regulations “the principal Regulations ” means the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Welsh Forms and Particulars) Regulations 1994 .
3
Any reference in these Regulations to a numbered form is a reference to the form bearing that number in Schedule 1 to the principal Regulations.
Amendment of the principal Regulations
2
Schedule 1 to the principal Regulations is amended —
a
as regards “Ffurflen 1 cais am grant adnewyddu” (Form 1 application for renovation grant), as mentioned in Schedule 1;
b
as regards “Ffurflen 2 cais am grant cyfleusterau i'r anabl” (Form 2 application for disabled facilities grant), as mentioned in Schedule 2;
c
as regards “Ffurflen 3 cais am grant rhannau cyffredin” (Form 3 application for common parts grant), as mentioned in Schedule 3; and
d
as regards “Ffurflen 4 cais am grant ty* mewn aml-ddaliadaeth” (Form 4 application for HMO grant), as mentioned in Schedule 4.
Application
3
1
Subject to paragraph (2), these Regulations shall not have effect in relation to applications for grant made before 17th April 1995.
2
Where, in relation to any pending application made after 12th April 1995 and before 17th April 1995, the relevant person is not entitled to a disability premium or higher pensioner premium within the meaning of Part III of Schedule 1 to the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994 but would have been so entitled had the application been made on 17th April 1995, for the purposes of that relevant person’s entitlement to a disability premium or higher pensioner premium his application shall be treated as if it had been made on 17th April 1995.
Signed by authority of the Secretary of State
Gwilym Jones
Parliamentary Under-Secretary of State
Welsh Office
24th March 1995


text:
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Suspension) Regulations 1995 and shall come into force on 28th February 1995.
2
In regulation 1(1) of the Dual-Use and Related Goods (Export Control) Regulations 1995 (“the principal Regulations”), the words “and for all other purposes on 1st March 1995” are hereby revoked.
3
The principal Regulations shall come into force for all purposes for which they are not yet in force on the day on which Council Regulation ( EC ) No. 3381/94 is published in the Official Journal of the European Communities.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
23rd February 1995


text:
PART I
PRELIMINARY
Title and commencement
1
This Order may be cited as the Pigs (Records, Identification and Movement) Order 1995 and shall come into force on 30th January 1995.
Interpretation
2
1
In this Order —
“approved disinfectant” means a disinfectant listed as approved in the case of Swine Vesicular Disease in Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978 and “disinfect” means disinfect with an approved disinfectant;
“collecting centre” has the meaning assigned to it in article 11 below;
“farm” means any holding on which pigs are kept for the purpose of breeding or fattening them;
“identification mark” means a mark complying with paragraph (1) or (3)(b) of article 5;
“identification number of the holding” means the numeric code which is allotted to the holding by the appropriate Minister;
“livestock” means cattle, sheep, pigs and goats;
“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;
“slaughterhouse” means, in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 and, in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“waste food” means —
any meat, bones, blood, offal or other part of the carcase of any livestock or of any poultry, or product derived therefrom or hatchery waste or eggs or egg shells; or
any broken or waste foodstuffs (including table or kitchen refuse scraps or waste) which contain or have been in contact with any meat, bones, blood, offal or with any other part of the carcase of any livestock or of any poultry;
but does not include meal manufactured from protein originating from livestock or poultry.
2
In this Order “holding” and other expressions which appear in the Order and in Council Directive 92/102/ EEC on the identification and registration of animals shall bear the meaning they have in that directive.
3
It shall be sufficient compliance with any provision of this Order requiring or permitting the making of an application, the issue of a licence, notice, approval, authority or authorisation, the depositing of a document or the sending or giving of a document to effect this by means of a facsimile transmission service.
PART II
RECORDS AND IDENTIFICATION OF PIGS
RECORDS OF PIGS
Records and notifications of holdings
3
1
It shall be the duty of the owner or person in charge of any pig on a holding to notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of —
a
the address of the holding;
b
the name and address of the owner or occupier of the holding;
c
the identification number of the holding (if known to the person giving the notification); and
d
the species of any livestock kept on the holding.
2
In the case of a holding established before this Order comes into force, —
a
where a request in writing has been sent to the owner or person in charge of a pig on a holding by the Divisional Veterinary Officer before the end of the period ending one month after this Order comes into force, that duty shall be complied with within one month after that request is sent to him or within one month after this Order comes into force, if later; and
b
in any other case, that duty shall be complied with within two months after this Order comes into force.
3
In the case of a holding established after this Order comes into force, the duty imposed by paragraph (1) above shall be complied with within one month of the establishment of the holding.
4
Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1) above, the owner or person in charge of any pig on a holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.
5
The owner or person in charge of a pig on a holding shall give the notified particulars to an inspector if requested to do so.
6
In this article “Divisional Veterinary Officer” means the veterinary inspector appointed as such by the Minister for the area in which the holding is situated.
Records of pigs
4
1
The owner or person in charge of a pig on a holding shall make and maintain a record —
a
in the form set out in Schedule 1 to this Order in respect of each movement of pigs to or from the holding; and
b
of the maximum number of pigs ordinarily present on the holding (revised at least annually).
2
In the case of any person who sells any pig (whether by auction or by private treaty) on premises used as a market of pigs by auction, he shall (in addition to the records required by paragraph (1) above) make and retain a written record of the name and address of the vendor and purchaser of each lot of pigs, and the number of the pen or pens in which each lot was held.
3
Every record under this article shall —
a
be made within 36 hours after the movement or sale recorded; and
b
be retained by the owner or person in charge of the pig or the holding for a period of three years from the end of the year in which the last entry was made.
4
Any person who is for the time being in charge of any record required to be kept under this article shall, on demand made by an inspector at any reasonable hour, produce the record and allow a copy to be made of it.
5
Where a record required to be made under this article is made in electronic or magnetic form, references in paragraph (4) above —
a
to production of the record are, if the inspector so requires, references to its production in written form; and
b
to taking of extracts or copies of the record are references to the taking thereof in written form.
IDENTIFICATION OF PIGS
Identification marks
5
1
It shall not be lawful to move a pig with a view to its being moved to a place outside Great Britain unless before the movement commences it is marked with an identification mark (which shall be legible for the life of the pig to which it is applied) in the form of an ear tag or of a tattoo.
2
The identification mark referred to in paragraph (1) above —
a
shall comprise the country code ` UK ' and the herd mark of the holding on which the mark is applied; and
b
may include a distinctive number allotted to the pig by the owner or person in charge of it prefixed, in the case of an ear tag, by the letter “P”.
3
It shall not be lawful to move a pig between holdings in Great Britain unless before the movement commences it is marked either —
a
with an identification mark which complies with the preceding paragraphs, or
b
with an identification mark which will last at least until the pig reaches its destination and which, either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified.
4
Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person —
a
to remove from a pig an identification mark which has been applied or attached to it in accordance with the foregoing provisions of this article; or
b
to replace an identification mark applied or attached to a pig in accordance with those provisions otherwise than in replacement of one which has become illegible or which has been lost.
Ear tags
6
1
It shall not be lawful for any person to attach to a pig an identification mark in the form of an ear tag unless the ear tag satisfies the provisions of paragraph (2) below; and in this Order references to an ear tag are to an ear tag which satisfies those provisions.
2
An ear tag shall be so constructed as —
a
not adversely to affect the well-being of the pig to which it is attached;
b
to be incapable of being altered in such a way that the fact of alteration cannot be readily observed; and
c
to be incapable of re-use.
PART III
MOVEMENT OF PIGS
Prohibition on certain movements of pigs
7
1
It shall not be lawful for any person to move or cause to be moved a pig from a market or collecting centre to another market or collecting centre (other than a collecting centre for pigs intended for immediate slaughter).
2
It shall not be lawful for any person —
a
to move a pig to a slaughterhouse save for the purpose of slaughter within 72 hours after its arrival there; or
b
to remove a pig from a slaughterhouse except after slaughter.
Restriction on movement of pigs within 20 days of a previous movement
8
1
Subject to the following provisions of this article, whenever any pig has been moved to any premises (other than a market, or collecting centre, artificial insemination centre, exhibition, show or place for veterinary treatment) it shall not be lawful to move any pig from those premises before the expiry of a period of 20 days from the day on which the pig first referred to was delivered to those premises.
2
The restriction contained in paragraph (1) of this article shall not apply to the making at any time of the following movements —
a
movement between premises occupied by the same person in accordance with —
i
an authority issued by the appropriate Minister, or
ii
a declaration made under article 9 or 10 below;
b
movement direct to a slaughterhouse, to a market for pigs intended for immediate slaughter or to a collecting centre for pigs intended for immediate slaughter; and
c
movement for direct export or movement to a collecting centre prior to such export.
3
Notwithstanding the prohibition in paragraph (1) above, no account shall be taken of the following movements —
a
movement of a pig on to the premises on its return from —
i
an exhibition or show;
ii
a place to which it had been moved for breeding purposes;
iii
an artificial insemination centre; or
iv
a place to which it had been moved for veterinary treatment;
subject to its isolation for 20 days on such return; and
b
movement of a pig intended for breeding or growing from a source approved by the appropriate Minister onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.
Regulation of movement of pigs from a farm and on return to the farm after movement for certain purposes
9
1
This article has effect in relation to the movement of a pig —
a
from a farm; and
b
on return to the farm after movement from the farm for breeding purposes; or
c
on return to the farm after movement from the farm for the purposes of exhibition at a show, or to an artificial insemination centre or for veterinary treatment.
2
It shall be the duty of the owner of a pig who intends to move it —
a
in the case of a movement other than for any of the purposes described in subparagraphs (b) and (c) above to make a declaration in the form set out in Schedule 2 to this Order; or
b
in the case of a movement for any of the purposes described in subparagraphs (b) and (c) above, to make a declaration in the form set out in Schedule 3 to this Order.
3
In the case of a return described in paragraph (1)(b) above, it shall be the duty of the person in charge of the premises from which the pig is to be moved to make a declaration in the form set out in Schedule 4 to this Order.
4
In the case of a movement on a return described in paragraph (1)(c) above, no further declaration or licence shall be required.
Regulation of movement of pigs from premises where waste food is kept
10
1
This article has effect in relation to the movement of a pig from any premises where during the three months immediately preceding the move —
a
any waste food intended for feeding to livestock or poultry has been brought to the premises for any purpose, or any such waste food has been kept on the premises, or used thereon as an animal feeding stuff; or
b
any waste food has been kept on the premises for disposal as refuse otherwise than in covered refuse containers.
2
It shall be the duty of the owner of a pig who intends to move it from such premises to make a declaration in the form set out in Schedule 5 to this Order which declaration shall authorise movement —
a
direct to a slaughterhouse specified in the declaration; or
b
between premises in the same occupation;
and to no other destination.
3
It shall not be lawful for any person to move or cause to be moved a pig from premises of a description to which paragraph (1) above applies to a slaughterhouse unless the pig has been marked down the back with a red line of such a nature that it will remain clearly visible throughout the movement.
4
It shall not be lawful for any person to remove or cause to be removed any mark affixed under paragraph (3) above until the pig has been slaughtered.
Regulation of movement of pigs from collecting centres
11
1
This article has effect in relation to movement of pigs from collecting centres licensed under article 14 below and markets and assembly centres approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 in this article referred to as “collecting centres”.
2
It shall be the duty of the person in charge of the collecting centre to make a declaration in the form set out in Schedule 6 to this Order.
3
It shall be the duty of the person in charge of the collecting centre in the case of movement to a farm, within the period of seven days after the movement is commenced, to send a further copy of the declaration to the local authority for the area in which the collecting centre is situated.
4
Upon receipt of a declaration under paragraph (3) above a local authority shall, if the premises to which a pig is to be moved is in the area of another local authority, forthwith send a copy of the declaration to that authority.
Regulation of any other movement of pigs
12
1
This article has effect in relation to any movement (other than a movement described in articles 9, 10 or 11 above) of any pig (including any pig kept as a pet).
2
Except under the authority of a licence under this article, it shall not be lawful for any person to move a pig or cause it to be moved.
3
A licence under this article —
a
shall be in the form set out in Schedule 7 to this Order; and
b
may contain such conditions as the inspector may think fit for the purpose of preventing the spread of disease.
4
A licence under this article may be issued by an inspector of the local authority for the area in which the movement commences or by an inspector of the Minister.
Regulation of sales of pigs
13
1
It shall not be lawful for any person to hold a sale of pigs (whether at a market or elsewhere) save in accordance with a licence issued by an inspector of the local authority for the area in which the sale premises are situated.
2
A licence shall not be issued under paragraph (1) above, and a sale shall not be held, unless —
a
in the case of a sale to be held at a market —
i
the premises are paved with a surface impervious to water and are habitually kept thoroughly cleansed and disinfected as soon as practicable after being used and before being so used again; and
ii
the premises have adequate disinfection facilities to enable all vehicles used for carrying pigs to or from the premises to be thoroughly cleansed and disinfected or that such facilities exist near the premises to which such vehicles can be directed for cleansing and disinfection;
b
in the case of a sale to be held on a farm, the sale will comprise only pigs forming the whole or part of the standing herd of that farm and no pigs shall have been moved on to the farm on the day of the sale or within a period of 20 days preceding the day of the sale (other than pigs moved on to the farm in accordance with the provisions of article 8(3) above).
3
A licence authorising the holding of a sale on premises used as a market shall specify that it applies either —
a
to pigs which have come from premises on which article 8 has been complied with; or
b
to pigs intended for immediate slaughter,
which are accompanied by a declaration in the form set out in Schedule 2.
4
Nothing in this article shall apply to the holding during or at the end of any exhibition or show of pigs and at the premises on which the exhibition or show is held, of any sale of those pigs, if —
a
all the pigs moved to those premises for the purpose of the exhibition or show have been entered for it not less than seven days before the day on which the sale began; and
b
no pigs other than pigs so entered for the exhibition or show are on those premises on the day on which the sale is held or have been there within the period of twenty days immediately before the first day of the sale.
Licensing of collecting centres
14
1
It shall not be lawful for any person to operate a collecting centre for pigs unless the centre is a market or assembly centre approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 or it is licensed under this article.
2
Subject to paragraph (4) below, an inspector of a local authority may issue a licence authorising the use of any premises as a collecting centre for pigs.
3
A licence under paragraph (2) above shall specify that it applies —
a
to pigs intended for fattening or for breeding; or
b
to pigs intended for immediate slaughter; or
c
to pigs intended for direct export to anywhere other than a member State,
which are accompanied by a declaration in the form set out in Schedule 2 or a licence in the form set out in Schedule 7.
4
An inspector shall not issue a licence under paragraph (2) above unless —
a
the conditions specified in article 13(2)(a) are met in relation to those premises;
b
no pig will remain there for a period of more than six days; and
c
for at least one day no pig will remain on the premises after the premises have been so used for a continuous period of six days.
Provisions as to licences, declarations etc
15
1
Upon receipt of a declaration a local authority shall, if the premises to which a pig is to be moved is in the area of another local authority, forthwith send a copy of the declaration to that authority.
2
Any licence issued for the purposes of this Part of this Order shall be valid only for the period stated in it.
3
A licence may be revoked by the issuing authority at any time before the authorised movement has begun.
4
Where an inspector issues a licence under this Order authorising the movement of a pig to premises in the area of another local authority, he shall forthwith send a copy of the licence to that other local authority.
5
A licence under this Order shall be issued only on application.
6
Any licence, declaration, notice, approval, authority, exemption or authorisation under this Order shall be in writing and —
a
shall be subject to such conditions as are specified in it; and
b
may be varied, suspended or revoked by a veterinary inspector by notice given to the person to whom it is issued but without prejudice to any thing done or omitted to be done before any such variation, suspension or revocation takes effect.
7
The owner of a pig moved under the authority of a licence or declaration under this Order shall, on the completion of the movement, cause such licence or declaration to be handed to the occupier of the premises to which the pig has been moved, who shall retain it for a period of six months from the date he receives it and shall during that period produce it on demand to a constable or an inspector.
8
It shall not be lawful for any person to move pigs under a licence, declaration or authority under any provision of this Part of this Order except in compliance with the conditions attached thereto.
9
Where this Order refers to a form which appears in a Schedule to this Order that reference shall be taken to include a form substantially to the like effect.
PART IV
MISCELLANEOUS
Offences
16
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
fails to comply with any obligation imposed on him by any provision of article 3, article 4, article 9, paragraph (2) of article 10, paragraphs (2) and (3) of article 11, and paragraph (7) of article 15, or
b
knowingly causes or permits the doing of anything which is a contravention of paragraph (a) above, or
c
knowingly causes or permits the doing of anything which is declared by this Order not to be lawful, or
d
makes any statement or gives any information for the purposes of this Order which he knows to be false in a material particular or, for those purposes, recklessly makes a statement or gives any information which is false in a material particular,
commits an offence against the Animal Health Act 1981.
Enforcement
17
The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocations, consequential amendments and savings
18
Schedule 8 shall have effect.
Forms
19
Notwithstanding article 9 of the Animals (Miscellaneous Provisions) Order 1927, the local authority may provide and supply printed copies of any document or form required under this Order.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th January 1995
Fraser of Carmyllie
Minister of State, Scottish Office
5th January 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th January 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Brent) Red Route (Prescribed Route) Experimental Traffic Order 1995, and shall come into force on 15th December 1995.
2
Save as provided in 3 below no person shall cause any vehicle proceeding north-east in the A406 North Circular Road to make a right turn into the south arm of Brentfield Road.
3
The provisions of article 2 shall not apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
4
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 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.
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
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 and shall come into force on 30th June 1995.
Meaning of “the principal Regulations ”
2
In these Regulations the expression “the principal Regulations” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended as follows.
4
In paragraph (4) of regulation 5 of the principal Regulations for the words “Section 19” there shall be substituted the words “Sections 19 and 22”.
5
The pesticides stated in column 1 of Schedule 1 hereto shall be inserted in column 1 of Schedule 1 to the principal Regulations in their appropriate alphabetically ordered positions and, in relation to each such pesticide, there shall be entered in column 2 of Schedule 1 to the principal Regulations the residues stated in column 2 of Schedule 1 hereto opposite that pesticide.
6
In Part 1 of Schedule 2 to the principal Regulations the four maximum levels of 1 milligramme of Metalaxyl per kilogramme of product specified for the products Apples, Pears, Quinces and Other Pome Fruits shall be deleted.
7
In Part 2 of Schedule 2 to the principal Regulations the maximum level of 0.02* milligrammes of Iprodione per kilogramme of product specified for the product Lemons shall be deleted and the maximum level of 0.02* milligrammes of Iprodione per kilogramme of product shall be inserted for the product Grapefruit.
8
In Part 2 of Schedule 2 to the principal Regulations the maximum level of 0.05* milligrammes of Cypermethrin per kilogramme of product specified for the product Spring onions and the maximum level of 0.05* milligrammes of Deltamethrin per kilogramme of product specified for the product Figs shall be deleted.
9
In Part 2 of Schedule 2 to the principal Regulations there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, references to each pesticide stated at the head of a column in Schedule 2 hereto together with the figures stated below the statement of that pesticide so that those figures will appear opposite such groups of products or such individual products in Part 2 of Schedule 2 to the principal Regulations as they appear opposite those products in Schedule 2 hereto.
Extent
10
These Regulations do not extend to Northern Ireland.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th May 1995
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
18th May 1995