text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 4 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “moorland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (3) of article 6 of the principal Order there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 9 of Schedule 4 to the principal Order there shall be inserted the following paragraph:
10
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities)(No. 2) Order 1994 and shall come into force on 1st June 1994.
Abolition of Authorities
2
Newcastle Health Authority and North Tyneside Health Authority are hereby bolished.
Establishment and name of new Authority
3
A District Health Authority, to be called Newcastle and North Tyneside Health Authority, is hereby established for Newcastle and North Tyneside District.
4
In consequence of articles 2 and 3 of this Order, the National Health Service (District Health Authorities) Order 1990 shall be amended by the omission fromPart I of Schedule 1 of the entries in columns (1) and (2) relating to Newcastle District and North Tyneside District, and the insertion in those columns, immediately before the entries relating to Northumberland District, of the following entries: —
Newcastle and North Tyneside Newcastle and North Tyneside Health Authority
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1994


text:
PART 1
PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Changes for England Regulations 1994, and shall come into force on 12th April 1994.
2
These Regulations make incidental, consequential, transitional and supplementary provision of general application for the purposes of, and in consequence of, orders made by the Secretary of State under section 17 of the Local Government Act 1992 with respect to local government changes in England, and they have effect subject to any provision in the order itself or in any other instrument made under Part II of that Act.
3
The Local Government Area Changes Regulations 1976 shall not apply to any order made under section 17 of the Local Government Act 1992 .
Interpretation
2
1
In these Regulations, except where the context otherwise requires, any reference to “the order” is a reference to any order in relation to which these regulations are applicable.
2
In these regulations, any reference to —
a
“the preliminary date” is a reference to the earliest date on which any action is required to be taken in pursuance of the order;
b
“the electoral date” is a reference to the date on which the first elections of councillors for a local government area are held pursuant to the order;
c
“the establishment date” is a reference to the date on which the councillors elected on the electoral date come into office;
d
“the reorganisation date” is the date on which a structural change or a boundary change comes into effect; and
e
“the shadow commencement date” is a reference to the date on which a shadow authority comes into existence.
3
In these Regulations, unless the context otherwise requires:
“abolished authority” means a local authority which is wound up and dissolved on the reorganisation date;
“newly-established authority” means an authority (not being a shadow authority) established by the order;
“parish authority” means, in the case of a parish having a separate parish council, that council, in the case of a parish grouped under a joint parish council, the joint parish council, and in any other case, the parish meeting or the parish trustees of the parish, as may be appropriate;
“shadow authority” means an authority (not being a local authority) which will become a local authority on the reorganisation date;
“transferred area” means each area of land (being the whole or part of a local government area) in respect of which the order effects a boundary change or a structural change (or both such changes) transferring local government functions to an authority specified in the order;
“transferee authority” means that specified authority;
“transferor authority” means the local authority from which such functions are transferred; and
“unitary authority” means any authority which is the sole principal council for its local government area.
4
In these Regulations —
“abolished area” means a local government area abolished by the order;
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“altered area” means a local government area which is altered or to be altered (but not abolished or created) by the order and which is not the subject of a structural change;
“district” includes a borough and a metropolitan district;
“enactment” includes a local and personal Act and a private Act, any subordinate legislation as defined in section 21 of the Interpretation Act 1978 , and any scheme made pursuant to any enactment;
“county functions” means the functions which, in a non-metropolitan county not having a unitary authority, are the functions of the county council, “district functions” means the functions which, in a non-metropolitan district not having a unitary authority, are the functions of the district council, and “parish functions” means the functions vested in and exercisable by a parish authority;
“shadow period” means, where a shadow authority is created, the period between the shadow commencement date and the reorganisation date, and in all other cases the period between the preliminary date and the reorganisation date; and
“unparished area” means an area of land not forming part of any parish.
Authorities of the same tier
3
Any reference in these Regulations to a local authority of the same tier is a reference, as respects each transferor authority mentioned in column 1 below, to the transferee authority mentioned in column 2 —
1. Transferor authority 2. Transferee authority
A county council
a
The county council for a non-metropolitan county; or
b
the unitary authority.
A unitary authority
a
The county council for a non-metropolitan county as respects county functions, and the district council as respects district functions; or
b
the unitary authority.
Where the transferred area is transferred from an unparished area into a parish, the parish authority as respects parish functions.
A district council
a
The district council; or
b
the unitary authority.
Where the transferred area is transferred from an unparished area into a parish, the parish authority as respects parish functions.
A parish authority Where the transferred area is transferred into a parish, the parish authority for that parish. Where the transferred area becomes unparished, the district council, or the unitary authority.
PART 2
GENERAL MATTERS
Continuity of matters
4
1
Anything which, before the reorganisation date, is in the process of being done by, to or in relation to a transferor authority —
a
with respect to the transferred area; and
b
in the exercise of, or in connection with its functions and powers as a local authority for that area —
may be continued by or in relation to the transferee authority of the same tier.
2
For the purposes of paragraph (1) (but without prejudice to its generality) —
i
the things which may be continued shall include any legal actions or proceedings, any written application, note, direction, objection or representation of any kind, the enforcement of any byelaws (including any regulation, scale of charges, lists of tolls and any table of fees and payments) and any licence or registration effected pursuant to any enactment; and
ii
anything being done by, to or in relation to a transferor authority shall include anything which is deemed to be being done by that authority, or is treated as being so done.
3
Where a matter is continued pursuant to paragraph (1) —
a
any act or omission by or in relation to the transferor authority before the reorganisation date shall be treated as an act or omission of the transferee authority; and
b
any reference to the transferor authority in any document relating to such a matter shall be construed as a reference to the transferee authority.
References in enactments
5
1
In this regulation, “provision” means any provision in any enactment other than the order, and includes a provision made in any direction or scheme made under any enactment, whenever enacted.
2
This regulation shall apply on and after the reorganisation date.
3
Any reference in a provision to a named area which is altered by the order shall, so far as is required for continuing the effect of the provision, be construed as a reference to the area as so altered.
4
Any reference in a provision to a named abolished area shall, so far is required for continuing the effect of the provision, be construed as a reference to the transferred area.
5
Any reference in a provision to a named abolished authority shall, so far as is required for continuing the effect of the provision, be construed as a reference to the transferee authority.
6
Any reference in a provision to a county council shall, so far as is required for continuing the effect of the provision, be construed as including a district council to which county functions have been transferred pursuant to a structural change.
7
Any reference in a provision to a district council shall, so far as is required for continuing the effect of the provision, be construed as including a county council to which district functions have been transferred pursuant to a structural change.
8
Nothing in this regulation or these regulations shall require a reference to a named area or an abolished area to be construed as a reference to that area as altered or transferred by the order for the purposes of any enactment which specifies the locality of any family health service authority, the region of any regional health authority, or the district of any district health authority .
9
Nothing in this regulation or these regulations shall, unless specific provision is made in the order, affect:
i
the boundaries of any police area or of any area specified in regulations made under section 22(3) of the Gaming Act 1968 ; or
ii
any scheme made pursuant to sections 62 to 64B of the Rent Act 1977 ; or
iii
the trusts of any charity.
10
Nothing in this regulation shall apply:
a
where a structural change is effected, to any provision requiring consultation, collaboration or joint action of any kind between a council of a county and a council of a district within that county; or
b
so as to affect the application of any provision to an event or state of affairs which occurred or appertaining before the reorganisation date.
Councillors
6
1
Any persons in office immediately before the reorganisation date as councillors for an altered area shall continue as councillors for the altered area until the date on which they would ordinarily have retired had the order not been made.
2
Where any casual vacancy for the office of councillor arises in an altered area on or before the reorganisation date, that vacancy shall be treated as a vacancy for a councillor of the altered area.
3
Notwithstanding section 7 of the 1972 Act, any persons in office as councillors of an abolished authority immediately before the reorganisation date shall retire on that date.
Matters not affected
7
The following matters which have been acquired or have accrued before the reorganisation date shall continue unaffected by the order and by these regulations —
a
the status of any London borough, royal borough or city;
b
the status of any person as a freeman or as an honorary alderman ;
c
the power of any person or court to alter the trusts of a charity; and
d
any right —
i
of burial; or
ii
to construct a grave or vault; or
iii
to place, maintain or inscribe a tombstone or memorial.
Validity of certain matters
8
Nothing in the order or in these regulations shall affect the validity of:
a
any certificate or licence issued, or notice given under the Marriage Act 1949 , or any marriage solemnised after the reorganisation date in any registration district altered or established in consequence of the order on the authority of such a certificate or licence; or
b
the registration of any building for the solemnisation of marriages under section 41 of that Act or the appointment of any person as an authorised person under section 43 of that Act.
PART 3
SHADOW AUTHORITIES
Application of Part
9
This Part applies where the order establishing an authority (“the authority”) includes provision for a phase as a shadow authority, and any reference to the 1983 Act is a reference to the local government elections provisions of the Representation of the People Act 1983 and the relevant electoral rules made pursuant to section 36 of that Act .
Elections for the shadow authority
10
1
The returning officer for the election of the council for the shadow authority shall be —
a
the returning officer appointed under section 35 of the 1983 Act for the local government area for which the elections are held; or
b
where there is no such officer or more than one such officer for the area in question, the officer specified or the person named in the order to so act.
2
Elections for councillors of a shadow authority shall be conducted in accordance with the 1983 Act.
3
The elected councillors shall retire four days after the next ordinary day of election of councillors.
4
The returning officer shall convene, and make all necessary arrangements for, the first meeting of the shadow authority, which shall be held on the establishment date.
Functions and powers of the shadow authority
11
1
Between the establishment date and the reorganisation date, the authority shallbe a shadow authority, and shall have only the function and powers described in this regulation.
2
The shadow authority shall take all such practicable steps as are necessary or expedient —
a
to commence and sustain the running of the authority as a shadow authority for the duration of the shadow period;
b
to prepare the authority for the assumption, as a newly-established authority, of local government functions and full local authority powers on the reorganisation date;
c
to prepare any budgets or plans required by the newly-established authority when those functions are assumed; and
d
to liaise with any transferor authority for the purpose of ensuring continuity of public service delivery on and after that date.
3
Subject to paragraph (5), the shadow authority may exercise any of the 1972 Actpowers specified in column 1 of the following Table and described in column 2 —
1. Section — 2. Power —
101 Arrangement for discharge of functions 102 Appointment of committees 111 Subsidiary powers of local authorities 112 Appointment of staff 113 Placing of staff of local authorities at disposal of other local authorities 120 Acquisition of land by principal councils 123 Disposal of land by principal councils 132 Provision of offices by principal councils 135 Contracts of local authorities 139 Acceptance of gifts of property 140, 140A, 140B & 140C Insurance 142 Provision of information, etc. relating to matters affecting local government
4
Subject to paragraph (5), the shadow authority shall have all other powers of a localauthority of the same tier.
5
The powers conferred by paragraphs (3) and (4) may be exercised by the shadow authority only —
a
in the discharge of its functions conferred by paragraph (2) or in preparation forthe discharge of the functions conferred on the newly-established authority on the reorganisation date; and
b
in the same manner, and subject to the same regulation, controls and constraints as if it were an ordinary local authority of the same tier.
6
The following provisions of the 1972 Act shall apply to the shadow authority notwithstanding it does not have the functions and full powers of a local authority —
Section/Part Description
Parts V & VA General Provisions as to members and Proceedings of Local Authorities, Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees Section 103 Expenses of joint committees Section 106 Standing orders Section 146 Transfer of securities on alteration of area, etc.
7
The shadow authority shall, notwithstanding it does not have the functions and full powers of a local authority, be treated as a local authority for the purposes of:
a
Part III (Accounts and Audit) of the Local Government Finance Act 1982 ;
b
Part IV of the Local Government and Housing Act 1989 ;
c
Section 18 (Schemes for basic, attendance and special responsibility allowances for local authority members) and section 31 (National Code of Local Government Conduct) of the Local Government and Housing Act 1989;
d
Sections 174, 175 and 176 of the 1972 Act;
e
Sections 173, 173A and 178 of the 1972 Act;
f
Sections 3(5) and 5(4) of, and paragraphs 2(4) and 5(4) of Schedule 2 to the 1972 Act; and
g
The Local Authorities (Standing Orders) Regulations 1993 .
Duty of transferor authority to assist the shadow authority
12
1
During the shadow period, it shall be the duty of each transferor authority to give the shadow authority all such assistance and information as is reasonably required for the purposes of this Part.
2
The transferor authority shall not, notwithstanding any enactment, undertake as a local authority any activity mentioned in or pursuant to, regulation 11(2)(c).
Assumption by newly-established authority of functions and full powers
13
On the reorganisation date, the authority shall cease to be a shadow authority, and shall assume the functions and full powers of a local authority.
PART 4
TOWN AND COUNTRY PLANNING
Interpretation of Part
14
Subject to regulation 16(1) in this Part, “the 1990 Act ” means the Town and Country Planning Act 1990 , and “provision” means a provision of a development plan (as defined in s.336(1) of that Act ).
Continuity of plan provisions
15
1
Any provision applying to a transferred area or an altered area shall continue to apply to that area notwithstanding the order, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
2
Where the order discontinues any functions under Part II of the 1990 Act, and confers other functions under that Part of that Act, regulation 4 (Continuity of matters) shall apply as if the order effected a transfer of functions from the authority in respect of whom the functions were discontinued to the authority on whom the other functions are conferred.
Inclusion of unadopted proposals in preparation of development plans
16
1
In this regulation, any reference to the 1990 Act is a reference to that Act in the form in which it was in force immediately before commencement of the Planning and Compensation Act 1991 or as amended by that Act.
2
A transferee authority may, when preparing, altering or replacing a development plan, include proposals, which have not yet been adopted, in respect of a development plan which was being made, altered or replaced by a transferor authority prior to the reorganisation date in respect of an area for which the transferee authority has a duty to prepare a development plan.
3
The transferee authority shall publish a statement identifying a proposal so included.
4
Where the transferee authority is satisfied that there has been no significant change in circumstances affecting the proposal, it need not repeat any step taken by the transferor authority in respect of that proposal for the purpose of complying with the 1990 Act or with regulations made thereunder.
5
Where an examination in public has been held by the transferor authority into matters affecting the consideration of proposals for the alteration or replacement of a structure plan and the transferee authority wishes, in accordance with paragraph (2) to include any such proposals, the transferee authority need not cause an inquiry or other hearing to be held to consider objections relating to such matters, and sections 16 and 42 of the 1990 Act shall be construed accordingly .
6
Where an inquiry or other hearing is held for the purpose of considering an objection to proposals in respect of a development plan, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that the objection is in respect of a proposal identified in accordance with paragraph (3) above and the person objecting has had his objection in respect of the proposal heard at an inquiry or other hearing held by the transferor authority or, where a matter affecting consideration of the proposal to which the objection relates has been considered at an examination in public considered by such an authority.
Inclusion of certain policies in another development plan
17
1
This regulation applies where —
a
a development plan is operative in the area of the transferee authority;
b
development plan proposals are being prepared by that authority;
c
that authority has published a statement identifying a policy included in the plan as an existing policy; and
d
a local inquiry or other hearing is held for the purpose of considering any objection to the proposals —
and in this regulation, “existing policy” means a policy or proposal the substance of which (however expressed) was contained in a development plan which was operative as mentioned in paragraph (1)(a) above.
2
Where this regulation applies, the person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that —
a
the objection is to a policy identified in the statement published as mentioned in paragraph (1)(c) of this regulation;
b
the policy so identified is an existing policy; and
c
there has been no significant change in circumstances affecting the existing policy since it first formed part of the plan mentioned in paragraph (1)(a).
PART 5
OTHER LOCAL MATTERS
Electoral registers
18
Each registration officer shall make such rearrangement of, or adaptation of the register of local government electors as may be necessary for the purposes of, and in consequence of the order.
Fire Services disciplinary proceedings
19
1
In this regulation —
“disciplinary proceedings” includes an appeal;
“offence” means an offence against discipline within the meaning of regulations in force under the Fire Services Act 1947 ;
“member” means any member of a fire brigade who would, except for the provisions of this regulation, be transferred on the reorganisation date pursuant to the order;
“transferee brigade” means the fire brigade to which a member is transferred; and
“transferor brigade” means the fire brigade from which a member is transferred.
2
Where, before the reorganisation date, a report, complaint or other allegation is received from which it appears that a member may have committed an offence, then —
a
if the transferor brigade continues to exist after the reorganisation date, the chief officer of the transferor brigade may postpone the member’s transfer for the purposes of investigating the matter, or of any disciplinary proceedings;
b
otherwise, the investigation or disciplinary proceedings may be continued by the transferee brigade as if the alleged offence had been committed while the member was a member of that brigade.
3
Where paragraph (2)(a) applies, the member shall be transferred on a date to be determined by the chief officer of the transferor brigade after consultation with the chief officer of the transferee brigade, and, notwithstanding any other provision, that date shall be treated for all purposes as the date on which the member was transferred.
Police disciplinary proceedings
20
1
This regulation shall have effect in relation to any member of a police force (“the officer”) who is transferred from one police force (“the transferor force”) to another (“the transferee force”) pursuant to an order.
2
Where a report or allegation is received before the reorganisation date from which it appears that the officer may have committed an offence against discipline, within the meaning of any regulations in force under section 33 of the Police Act 1964 (“the 1964 Act ”):
a
if the transferor force is to continue to exist on and after the reorganisation date, the chief constable of that force may postpone the transfer of the officer for the purpose of facilitating the investigation of the matter and any disciplinary proceedings arising therefrom (including any appeal under section 37 of the 1964 Act);
b
otherwise, any investigation and any disciplinary proceedings (including any such appeal) may be continued by the transferee force as if the alleged offence had been committed while the officer was a member of the transferee force.
3
Where paragraph (2)(a) applies, the officer shall be transferred on a date to be determined by the chief constable of the transferor force after consultation with the chief constable of the transferee force, and notwithstanding any other provision, that date shall be treated for all purposes as the date on which the officer was transferred.
Sheriffs
21
1
In this regulation, “sheriff’s area” means a county or Greater London (excluding the City and the Temples), “the transferor sheriff” means the high sheriff for the sheriff’s area in which a transferred area is located prior to the reorganisation date and any reference to “the transferee sheriff” is a reference to the high sheriff for the sheriff’s area in which a transferred area is located on and after the reorganisation date.
2
Any person who, immediately before the reorganisation date, is qualified to be appointed transferor sheriff by reason of holding land in the transferred area shall continue to be so qualified for a period of two years from the date of that change.
3
The transferor sheriff shall, on or about the reorganisation date —
a
perform (so far as they relate to persons or things in the transferred area) all the duties which are required by section 28(1) of the Sheriffs Act 1887 to be performed at the expiration of a sheriff’s term of office; and
b
transfer to the custody of the transferee sheriff all documents of whatever description relating to the transferred area.
4
In section 28(1) and (2) of the Sheriffs Act 1887, any reference to an “incoming sheriff” shall, from the reorganisation date, be construed as a reference to “the transferee sheriff”.
Registration service
22
1
In this regulation, “the 1949 Act ” means the Marriage Act 1949 .
2
Where notice of marriage is given before the reorganisation date to any superintendent registrar whose district will be altered or abolished by the order and the marriage is not solemnised before that date, the following shall apply:
a
where the district is altered, the provisions of the 1949 Act with regard to the issue of a certificate or a certificate and licence shall apply as if the alteration had not taken place;
b
where the district is abolished, section 15(1) of the Registration Service Act 1953 shall apply with the modification, for the purposes of this regulation only, as if there were inserted after the words “to such person as the Registrar General may designate” the words “and in an case where a district has been abolished the Registrar General shall authorise the superintendent registrar for any other district to act for the purposes of the Local Government Changes for England Regulations 1994 as superintendent registrar for the district which has been abolished”, and a superintendent registrar so appointed is referred to in this regulation as an “authorised superintendent registrar”, and
i
the notice of marriage shall have effect as if it had been given to the authorised superintendent registrar, and the authorised superintendent registrar shall cause any notice or exact copy of particulars entered in the marriage notice book and required to be displayed under section 31(1) of the 1949 Act to be affixed in some conspicuous place in his or her office from the reorganisation date for any unexpired portion of the period mentioned in that subsection;
ii
the authorised superintendent registrar, and any other superintendent registrar so empowered by the 1949 Act may issue a certificate or a certificate and licence for the solemnisation of the marriage notwithstanding that the building in which the marriage is solemnised is not within that superintendent registrar’s district or within the district where one of the persons to be married has resided; and
iii
the authorised superintendent registrar may arrange for the solemnisation of the marriage in his or her office where the persons to be married had stated in the notice that they wished to be married in the office of the superintendent registrar to whom notice was given.
3
For the purposes of any notice of marriage to be given on or after the reorganisation date, the alteration or establishment of any registration district by the order shall be deemed to take effect 32 days before the reorganisation date.
4
The superintendent registrar of any registration district which will be abolished on the relevant date shall for one month before that date display the name and address of the successor registrar in a conspicuous position in his or her office, and shall give that information to every person giving notice of marriage.
5
Where any birth (including a still-birth) or death —
a
occurs before the reorganisation date in a registration sub-district which is altered or abolished by the order on that date; and
b
the birth or death is not registered before that date —
the birth or death shall be registered by the registrar of births and deaths for the sub-district in which the place of birth or death is located on that date.
Coroners
23
The Coroners (Compensation) Regulations 1975 shall apply in consequence of the order, with the following modifications:
In regulation 2 of the 1975 Regulations —
a
for the definition of “the Act” there shall be substituted ““the Act” means the Local Government Act 1992”; and
b
for the definition of “material date”, there shall be substituted ““the material date” means the reorganisation date”.
Food safety
24
In subsection (5) of section 27 (Appointment of public analysts) of the Food Safety Act 1990 , there shall be inserted after the words “does not include the council of a non-metropolitan district” the words “(except where the county functions have been transferred to that council pursuant to a structural change)”.
PART 6
PARISHES
Charter trustees
25
1
This regulation applies where a city or town for which charter trustees have been constituted pursuant to section 246(4) of the 1972 Act —
a
becomes a parish; or
b
becomes wholly comprised in a parish; or
c
becomes wholly comprised in two or more parishes.
2
In this regulation, any reference to the parish is a reference to the parish mentioned in paragraph 1(a) to (c), and any reference to the parish council is a reference to the council for that parish.
3
The charter trustees shall be dissolved.
4
The mayor or deputy mayor shall cease to hold office as such.
5
Any local officer of dignity appointed pursuant to section 246(4)(c) of the 1972 Act shall hold office as if appointed by the parish council.
6
The following matters owned, vested in, or exercisable by the charter trustees shall be transferred to the parish council —
a
all property of whatever description;
b
all rights, liabilities, contracts or other written instruments of whatever description; and
c
any legal actions or proceedings.
7
Regulation 4 (Continuity of matters) shall apply as if the charter trustees were a transferor authority, and the parish council were a transferee authority of the same tier.
8
The accounts of the charter trustees and of its committees and officers shall be made up to the dissolution of the charter trustees, and shall be audited in the same way, and subject to the same procedures and penalties as if the charter trustees had not been dissolved.
PART 7
INCIDENTAL AND CONSEQUENTIAL
Inspection of documents by authorities
26
1
The right conferred by this regulation shall be exercisable —
a
during the shadow period, by a shadow authority (if any); and
b
between the preliminary date and the reorganisation date, by a local authority which is to become a transferee authority —
against an authority which is to become a transferor authority.
2
An authority shall have the right, through a duly authorised officer and for the purposes of its functions or prospective functions, at all reasonable times to inspect and take copies of any books, documents, papers or records of whatever description, wherever held and in whatever form.
3
The authority against which the right is exercised shall supply all such information and assistance as may reasonably be required for, in, and in relation to, the exercise of the right.
Maps
27
1
A print of any map referred to in the order shall be deposited in —
a
the principal offices of the Secretary of State; and
b
the offices of each local authority whose area is affected by the order.
The prints so deposited shall be available for inspection by any person at any reasonable time.
2
Prints of any such map shall also be supplied to —
Ordnance Survey;
the Registrar General;
the Land Registry;
the Valuation Office; and
the Boundary Commission for England.
Minutes of last meetings
28
1
This regulation applies to the minutes of the last meeting of an abolished authority.
2
Where practicable, the minutes should be signed at the conclusion of the last meeting by the person who chaired that meeting.
3
If this is not practicable, the minutes shall be circulated to all members present at the meeting.Any representations made within seven days of despatch of such minutes to members shall be taken into account. Thereafter, the person who chaired the meeting may sign the minutes.
4
If for any reason the person who chaired the meeting is unable to sign the minutes, the Secretary of State may nominate another person who was present at the meeting for this purpose.
5
When the minutes are signed in accordance with this regulation, they are to be treated for all purposes as the duly approved minutes of an ordinary meeting of the authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
22nd March 1994


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Haiti (United Nations Sanctions) (Channel Islands) Order 1994 and shall come into force on 23rd May 1994.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 16th June 1993 and 6th May 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“the 1993 Order ” means the Haiti (United Nations Sanctions) (Channel Islands) Order 1993 ;
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey and Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of that aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Haiti” means —
any person or body exercising for the time being public functions in Haiti;
any other person in, or resident in, Haiti;
any body incorporated or constituted under the law of Haiti;
any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above;
any person acting on behalf of any of the above mentioned persons or bodies;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“public transport” has the same meaning as in article 107 of the Air Navigation Order 1989 ;
“scheduled journey” has the same meaning as in article 106 of the Air Navigation Order 1989;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894 ;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle;
“vessel” includes any ship, surface effect vehicle, any small waterplane vessel and hydrofoil, and the hull or part of the hull of a vessel.
2
Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, be construed as a reference to that provision as it has effect in the Bailiwick in question and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
Prohibition of flights
3
1
Subject to article 5, no aircraft, wherever registered, shall, except with the permission of the Secretary of State granted under this article or under such authority as is referred to in article 8, take off from, land in or fly over the territory of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, if its destination is, or if, since 23rd May 1994, it has taken off from, Haiti.
2
If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence.
Powers of airport operator
4
1
For the purpose of enforcing the prohibitions contained in article 3, it shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft at his airport:
a
whose commander or operator has indicated an intention to fly the aircraft to a destination in Haiti or which the airport operator otherwise has reason to suspect will be flown to such a destination; or
b
which the airport operator knows or has reason to suspect has, since 23rd May 1994, taken off from Haiti,
is prevented from taking off unless permission to do so has been granted under article 3 or article 8.
2
Without prejudice to the generality of paragraph (1) above, such steps may include:
a
the refusal of any refuelling service for the aircraft;
b
the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position; and
c
requiring the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport.
3
Any person who, without reasonable excuse, obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article, or refuses or fails within a reasonable time to comply with a request by any such persons made in accordance with paragraph 2(c) above, shall be guilty of an offence.
Saving for scheduled passenger flights
5
Nothing in article 3 or 4 shall apply to an aircraft carrying passengers and undertaking a scheduled journey for the purpose of public transport.
Supply of goods to Haiti
6
1
Except under the authority of a licence granted under this article or the 1993 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 11 shall —
i
supply or deliver;
ii
agree to supply or deliver; or
iii
do any act calculated to promote the supply or delivery of,
any goods other than foodstuffs, or goods which that person has reason to believe are intended to be used for medical purposes to or to the order of a person connected with Haiti.
2
Nothing in paragraph (1)(ii) or (iii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article or article 7 or under the 1993 Order.
Exportation of goods to and from Haiti
7
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of Bailiwick of Jersey, by the Finance and Economics Committee,
all goods other than foodstuffs, or goods which the operator has reason to believe are intended to be used for medical purposes, are prohibited to be exported from any of the Channel Islands to any destination in Haiti or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Haiti.
2
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
all goods originating in Haiti are prohibited to be imported into the Bailiwick of Guernsey or the Bailiwick of Jersey.
3
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 11 shall do any act calculated to promote the exportation of any goods from Haiti.
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
in respect of any goods that have been exported from Haiti after 23rd May 1994, no person mentioned in article 11 shall, by way of trade or otherwise for gain —
i
acquire or dispose of such goods or of any property or interest in them or in any right to or charge upon them;
ii
process them; or
iii
do any act calculated to promote any such acquisition, disposal or processing by himself or any other person.
5
Nothing in paragraph (3) of (4) of this article shall apply where the importation of the goods into the Bailiwick of Guernsey or the Bailiwick of Jersey is or was authorised by a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee.
Carriage of goods destined for Haiti
8
1
Without prejudice to the generality of article 6, and except under the authority of a licence granted under this article or the 1993 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used for the carriage of any goods if the carriage is, or forms part of, carriage from any place outside Haiti to any destination therein, or to any person connected with Haiti.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Haiti to any destination therein or to any person connected with Haiti.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or the Bailiwick of Jersey of the goods concerned to Haiti was authorised by a licence granted by the relevant authority under article 6 or article 7 or under the 1993 Order.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Assets of Haiti
9
1
Except with permission granted by or on behalf of the Treasury, no person mentioned in article 11 shall —
a
make any payment or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held, where any such action is action to which this article applies.
2
This article applies to action which is likely to make available to or for the benefit of any persons or bodies exercising for the time being public functions in Haiti any funds or other financial or economic resources, whether by their removal from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or otherwise, or otherwise to remit or transfer funds or other such resources to or for the benefit of such persons or bodies.
3
Any permission granted by or on behalf of the Treasury under this article may be granted absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Treasury.
4
In this article —
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactment and Repeals) Act 1964 ; and
b
“investments” means any asset, right or interest falling within any paragraph of Part 1 of Schedule 1 to the Financial Services Act 1986 which is not a security.
Bonds
10
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 11 shall —
i
make any payment to or to the order of any person connected with Haiti under or in respect of a bond to which this article applies; or
ii
do any act for the purpose of obtaining a payment or make any payment, in respect of any right to indemnity in respect of any bond in which this article applies where payment under the bond is, or if payment were to be made by a person referred to in article 11 of this Order would be, unlawful by virtue of sub-paragraph (i) of this paragraph.
2
This article applies to any bond given in connection with the performance of a contract the performance of which is unlawful, wholly or in part, by virtue of this Order, the 1993 Order or any law of any place which substantially corresponds with the relevant provisions of this Order.
3
In this article —
a
“bond” means an agreement under which a person (“the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement;
b
“make any payment” means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means.
Application of articles 6, 7, 9 and 10
11
1
The provisions of articles 6, 7(3) and (4), 9 and 10 shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of article 6, 7(3) or (4), 9 or 10 shall, in the Bailiwick in question, be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 6 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Haiti.
4
In the case of proceedings for an offence in contravention of article 7(3) or (4) it shall be a defence for the accused person to show that he did not know and had no reason to suppose that the goods in question were exported from Haiti or were exported therefrom after 23rd May 1994, as the case may be.
5
In the case of proceedings for an offence in contravention of article 10(1)(a) or (b) it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Haiti; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful as described in article 10(2); and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:
Provided that sub-paragraph (b) shall not apply in the case of procedings for an offence in contravention of article 10(1)(b) of this Order where the accused person is a party to the contract in respect of which the bond was given.
Customs powers to demand evidence of destination which goods reach
12
Any exporter or any shipper of goods which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Imports, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
13
1
If for the purpose of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee or permission granted by or on behalf of the Treasury under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury or by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence or permission.
Declaration as to goods: powers of search
14
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any goods which are destined for Haiti or for delivery, directly or indirectly, to or to the order of a person connected with Haiti; and
b
produce any such goods as aforesaid which he has with him, and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Investigation, etc. of suspected ships, aircraft and vehicles
15
1
Where any authorised officer, that is to say, in respect of the Bailiwick of Guernsey any such officer other than an officer of the Board of Trade as is referred to in section 692(1) of the Merchant Shipping Act 1894, or a States Revenue Officer, or, in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him, has reason to suspect that any ship to which article 8 applies has been or is being operated or used in contravention of article 8(1), he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being operated or used in contravention of article 8(1), exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such violation or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps —
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
d
to take her to any other destination that may be specified by the officer in agreement with the master,
and the master shall comply with any such request or direction.
2
Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any aircraft to which article 8 applies has been or is being used in contravention of article 8(1), that officer or authorised person may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft and its cargo to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey unless and until notified that the aircraft and its cargo may depart, and the charterer, the operator and the commander shall comply with any such request.
4
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (3) above has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or the Bailiwick of Jersey that has been made under paragraph (3) above may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and its cargo; and
c
use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, has been or is being or is about to be used in contravention of article 8(1), that officer or authorised person may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the vehicle and search it and for that purpose may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the driver to cause the vehicle and its cargo to remain in the the Bailiwick of Guernsey or the Bailiwick of Jersey unless and until notified that the vehicle and its cargo may depart, and the operator and the driver shall comply with any such request.
6
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (5) above has reason to suspect that any request that a vehicle should remain in the Bailiwick of Guernsey or the Bailiwick of Jersey that has been made under paragraph (5) above may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and its cargo; and
c
use, or authorise the use of, reasonable force.
7
Before or on exercising any power conferred by paragraph (3), (4), (5) or (6) above, such an authorised person as is referred to in paragraph (3) or (5) shall, if requested to do so, produce evidence of his authority.
8
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey;
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Haiti decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
9
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
10
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
11
Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
16
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
Penalties and Proceedings
17
1
Any person guilty of an offence under article 8(3) or article 11(2) shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 3(2) or article 15(10)(b)(ii) or paragraph 5(b) or (d) of the Schedule to this Order shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 13(1) or (2), or article 14(3), shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 4(3), article 15(10)(a), (b)(i) or (c) or paragraph 5(a) or (c) of the Schedule to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
5
Any person guilty of an offence under article 12 or article 14(2) shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Bailiwick of Guernsey or the Bailiwick of Jersey having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of Powers
18
1
The Lieutenant Governor, the Attorney General or the Finance and Economics Committee may to such extent and subject to such restrictions and conditions as he or they may think proper, delegate or authorise the delegation of any of his or their powers under this Order to any person, or class or description or persons, approved by him or them, and references in this Order to the Lieutenant Governor, the Attorney General and the Finance and Economics Committee shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
Miscellaneous
19
1
Any provision of this Order which prohibits the doing of a thing except under the authority of any licence or with any permission shall not have effect in relation to any such thing done anywhere other than in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) above if it is done under the authority of a licence or with permission granted, in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order), by the authority competent in that behalf under that law.
20
The 1993 Order is revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Salford Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Salford Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Hope Hospital, Stott Lane, Salford M6 8HD and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non–executive directors shall be appointed from the University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Salford Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Salford Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Salford Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
1
This Order may be cited as the Free Zone (Birmingham Airport) (Substitution of Responsible Authority) Order 1994 and shall come into force on 24th September 1994.
2
The responsible authority for the area designated a free zone by article 2(1) of the Free Zone (Birmingham Airport) Designation Order 1991 shall, in substitution for The Prudential Assurance Company Limited who were appointed by article 3 of that Order, be Prudential Portfolio Managers Limited whose Registered Office is at 142 Holborn Bars, London EC1N 2NH.
Tim Wood
Kenneth Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd September 1994


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No 7) Order 1994 and shall come into force on 2nd March 1994.
2
The Export of Goods (Control) Order 1992 shall be further amended as follows: —
in Group 3 of Part III of Schedule 1 —
i
for entry 3A001 sub — head a.2, there shall be substituted the following:
Microprocessor microcircuits, microcomputer microcircuits, microcontroller microcircuits, electrical erasable programmable read-only memories ( EEPROMs ), static random-access memories ( SRAMs ), storage integrated circuits manufactured from a compound semiconductor, analogue-to-digital converters, digital-to-analogue converters, electro-optical or optical integrated circuits for signal processing, field programmable gate arrays, field programmable logic arrays, neural network integrated circuits, custom integrated circuits for which either the function is unknown or the control status of the equipment in which the integrated circuit will be used is unknown, or Fast Fourier Transform ( FFT ) processors, as follows:
Rated for operation at an ambient temperature above 398 K (125°C);
Rated for operation at an ambient temperature below 218 K (−55°C); or
Rated for operation over the entire ambient temperature range from 218 K (−55°C) to 398 K (125°C);
Note: This sub-head does not apply to integrated circuits for civil automobile or railway train applications.
;
ii
for entry 3A001 sub-head a.11, there shall be substituted the following:
Digital integrated circuits based upon any compound semiconductor and having either of the following:
An equivalent gate count of more than 300 (2 input gates); or
A toggle frequency exceeding 1.2 GHz .
Note: This sub-head does not apply to microprocessor microcircuits, microcomputer microcircuits, microcontroller microcircuits, electrical erasable programmable read-only memories (EEPROMs), static random-access memories (SRAMs), storage integrated circuits manufactured from a compound semiconductor, analogue-to-digital converters, digital-to- analogue converters, electro-optical or optical integrated circuits for signal processing, field programmable gate arrays, field programmable logic arrays, neural network integrated circuits, custom integrated circuits for which either the function is unknown or the control status of the equipment in which the integrated circuit will be used is unknown, or Fast Fourier Transform (FFT) processors;
;
iii
in Note 2.b to entry 4A003, N.B. 1 shall be deleted and in N.B 2, the number “2.” shall be deleted;
iv
in entry 4A003 head g shall be deleted;
v
in Category 4, for the Technical Note to Category 4 there shall be substituted the following:
Note to Category 4
Composite Theoretical Performance ( CTP )
Abbreviations used in this Note
CE computing element (typically an arithmetic logical unit) FP floating point XP fixed point t execution time XOR exclusive OR CPU central processing unit TP theoretical performance (of a single CE) CTP composite theoretical performance (multiple CEs) R effective calculating rate WL word length L word length adjustment * multiply Execution time ‘t’ is expressed in microseconds, TP and CTP are expressed in millions of theoretical operations per second ( Mtops ) and WL is expressed in bits.
Outline of the CTP calculation method
CTP is a measure of computational performance given in Mtops. For the purpose of this category, in calculating the CTP of an aggregation of CEs the following three steps are required:
1
Calculate the effective calculating rate R for each CE;
2
Apply the word length adjustment (L) to the effective calculating rate (R), resulting in a Theoretical Performance (TP) for each CE;
3
If there is more than one CE, combine the TPs resulting in a CTP for the aggregation.
Details of these steps follow.
Note 1: For aggregations of multiple CEs which have both shared and unshared memory subsystems, the calculation of CTP is completed hierarchically, in two steps: first aggregate the groups of CEs sharing memory, second calculate the CTP of the groups using the calculation method for multiple CEs not sharing memory. Note 2: CEs that are limited to input/output and peripheral functions (e.g disk drive, communication and video display controllers) are not aggregated into the CTP calculation.
Step 1: The effective calculating rate R
For CEs implementing: Note: Every CE must be evaluated independently
Effective calculating rate, R
XP only
1 3 * ( t xp add )
If no add is implemented use: (R xp )
1 ( t xp mult )
If neither add nor multiply is implemented use the fastest availablearithmetic operation as follows:
1 3 * t xp
See Notes X & Z
FP only
(R fp )
Max
1 t fp ad' 1 t fp mult
See Notes X & Y
Both FP and XP
(R)
Calculate both
R xp ' R fp
For simple logic processors not implementing any of the specified arithmetic operations.
1 3 * t log
Where t log is the execute time of the XOR, of for logic hardware not implementing the XOR, the fastest simple logic operation.
See Notes X & Z For special logic processors not using any of the specified arithmetic or logic operations.
R = R * WL / 64
Where R| is the number of results per second, WL is the number of bits upon which the logic operation occurs, and 64 is a factor to normalise to a 64 bit operation.
Note W: For a pipelined CE capable of executing up to one arithmetic or logic operation every clock cycle after the pipeline is full, a pipelined rate can be established. The effective calculating rate (R) for such a CE is the faster of the pipelined rate or non-pipelined execution rate. Note X:
For a CE which performs multiple operations of a specific type in a single cycle (e.g., two additions per cycle or two identical logic operations per cycle), the execution time t is given by:
t = cycle time the number of identical operations per machine cycle
CEs which perform different types of arithmetic or logic operations in a single machine cycle are to be treated as multiple separate CEs performing simultaneously (e.g., a CE performing an addition and a multiplication in one cycle is to be treated as two CEs, the first performing an addition in one cycle and the second performing a multiplication in one cycle). If a single CE has both scalar function and vector function, use the shorter execution time value. Note Y:
For the CE that does not implement FP add or FP multiply, but that performs FP divide:
R fp = 1 t fpdivide
If the CE implements FP reciprocal but not FP add, FP multiply or FP divide, then
R fp = 1 t fpreciprocal
If none of the specified instructions is implemented, the effective FP rate is 0. Note Z: In simple logic operations, a single instruction performs a single logic manipulation of no more than two operands of given lengths. In complex logic operations, a single instruction performs multiple logic manipulations to produce one or more results from two or more operands.
Rates should be calculated for all supported operand lengths considering both pipelined operations (if supported), and non-pipelined operations using the fastest executing instruction for each operand length based on:
1
Pipelined or register-to-register operations. Exclude extraordinarily short execution times generated for operations on a predetermined operand or operands (for example, multiplication by 0 or 1). If no register-to register operations are implemented, continue with (2).
2
The faster of register-to-memory or memory-to-register operations; if these also do not exist, then continue with (3).
3
Memory-to-memory.
In each case above, use the shortest execution time certified by the manufacturer.
Step 2: TP for each supported operand length WL
Adjust the effective rate R (or R') by the word length adjustment L as follows:
TP = R * L ,
where L = (1/3 + WL/96)
Note: The word length WL used in these calculations is the operand length in bits. (If an operation uses operands of different lengths, select the largest word length.) The combination of a mantissa ALU and an exponent ALU of a floating point processor or unit is considered to be one CE with a Word Length (WL) equal to the number of bits in the data representation (typically 32 or 64) for purposes of the CTP calculation.
This adjustment is not applied to specialised logic processors which do not use XOR instructions. In this case TP = R.
Select the maximum resulting value of TP for:
Each XP — only CE (R xp );
Each FP — only CE (R fp );
Each combined FP and XP CE (R);
Each simple logic processor not implementing any of the specified arithmetic operations; and
Each special logic processor not using any of the specified arithmetic or logic operations.
Step 3: CTP for aggregations of CEs, including CPUs
For a CPU with a single CE,
CTP = TP
(for CEs performing both fixed and floating point operations
TP = max (TP fp , TP xp ))
CTP for aggregations of multiple CEs operating simultaneously is calculated as follows:
Note 1: For aggregations that do not allow all of the CEs to run simultaneously, the possible combination of CEs that provides the largest CTP should be used. The TP of each contributing CE is to be calculated at its maximum value theoretically possible before the CTP of the combination is derived. N.B. To determine the possible combinations of simultaneously operating CEs, generate an instruction sequence that initiates operations in multiple CEs, beginning with the slowest CE (the one needing the largest number of cycles to complete its operation) and ending with the fastest CE. At each cycle of the sequence, the combination of CEs that are in operation during that cycle is a possible combination. The instruction sequence must take into account all hardware and/or architectural constraints on overlapping operations. Note 2: A single integrated circuit chip or board assembly may contain multiple CEs. Note 3: Simultaneous operations are assumed to exist when the computer manufacturer claims concurrent, parallel or simultaneous operation or execution in a manual or brochure for the computer. Note 4: CTP values are not to be aggregated for CE combinations (inter) connected by local area networks, Wide Area Networks, input/ output shared connections/devices, input/output controllers and any communication interconnection implemented by software. Note 5: CTP values must be aggregated for multiple CEs specially designed to enhance performance by aggregation, operating simultaneously and sharing memory, — or multiple memory/CE — combinations operating simultaneously utilising specially designed hardware. This aggregation does not apply to assemblies described by entry 4A003d
CTP = TP 1 + C 2 * TP 2 + … + C n * TP n ,
where the TPs are ordered by value, with TP1 being the highest, TP2 being the second highest,…, and TPn being the lowest. Ci is a coefficient determined by the strength of the interconnection between CEs, as follows:
For multiple CEs operating simultaneously and sharing memory:
C 2 = C 3 = C 4 = … = C n = 0.75
Note 1: When the CTP calculated by the above method does not exceed 194 Mtops, the following formula may be used to calculate C i :
C i = 0.75 ( m ) 1/2 ( i = 2 , … , n )
where m = number of CEs or groups of CEs sharing access.
provided:
1
The TPi of each CE or group of CEs does not exceed 30 Mtops;
2
The CEs or groups of CEs share access to main memory (excluding cache memory) over a single channel; and
3
Only one CE or group of CEs can have use of the channel at any given time.
N.B. This does not apply to items controlled under Category 3.
Note 2: CEs share memory if they access a common segment of solid state memory. This memory may include cache memory, main memory, or other internal memory. Peripheral memory devices such as disk drives, tape drives or RAM disks are not included.
For multiple CEs or groups of CEs not sharing memory, interconnected by one or more data channels:
C i = 0.75 * k i (i = 2, …,32) (see Note below)
= 0.60 * k i (i = 33, …,64)
= 0.45 * k i (i = 65, …,256)
= 0.30 * k i (i > 256)
The value of C i is based on the number of CEs, not the number of nodes.
where
k i = min (S i /K r, 1), and
K r = normalising factor of 20 Mbytes/s.
S i = sum of the maximum data rates (in units of Mbytes/s) for all data channels connected to the i th CE or group of CEs sharing memory.
When calculating a C i for a group of CEs, the number of the first CE in a group determines the proper limit for C i . For example, in an aggregation of groups consisting of 3 CEs each, the 22nd group will contain CE 64 , CE 65 and CE 66 . The proper limit for C i for this group is 0.60.
Aggregation (of CEs or groups of CEs) should be from fastest-to-slowest; i.e.:
TP 1 ≥ TP 2 ≥ … ≥ TP n, and
in the case of TP i = TP i+1 , from the largest to smallest; i.e.:
C i ≥ C i+1
Note: The k i factor is not to be applied to CEs 2 to 12 if the TP i of the CE or group of CEs is more than 50 Mtops; i.e., C i for CEs 2 to 12 is 0.75.; and
vi
in entry 5A001 sub-head b.10.b shall be deleted.
M. V. Coolican
An assistant Secretary
Department of Trade and Industry
1st March 1994