text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Victoria Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st March 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 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Victoria Infirmary and Associated 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 Royal Victoria Infirmary and Associated 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 Royal Victoria Infirmary, Queen Victoria Road, Newcastle upon Tyne NE1 4LP 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 Newcastle upon Tyne.
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 Northumberland Health Authority and the Newcastle 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 Northumberland Health Authority and the Newcastle 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 authorities 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 Northumberland Health Authority and the Newcastle Health Authority.
5
In the exercise of their functions under this article the health authorities concerned shall be subject to any directions of the Secretary of State under section 17 of the National Health Service Act 1977.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Education) Order 1994 and shall come into force on 1st August 1994.
2
For Group 6 (Education) of Schedule 6 to the Value Added Tax Act 1983 there shall be substituted —
GROUP 6
— EDUCATION
Item No.
1
The provision by an eligible body of —
a
education;
b
research, where supplied to an eligible body; or
c
vocational training.
2
The supply of private tuition, in a subject ordinarily taught in a school or university, by an individual teacher acting independently of an employer.
3
The provision of examination services —
a
by or to an eligible body; or
b
to a person receiving education or vocational training which is —
i
exempt by virtue of items 1, 2 or 5; or
ii
provided otherwise than in the course or furtherance of a business.
4
The supply of any goods or services (other than examination services) which are closely related to a supply of a description falling within item 1 (the principal supply) by or to the eligible body making the principal supply provided —
a
the goods or services are for the direct use of the pupil, student or trainee (as the case may be) receiving the principal supply; and
b
where the supply is to the eligible body making the principal supply, it is made by another eligible body.
5
The provision of vocational training, and the supply of any goods or services essential thereto by the person providing the vocational training, to the extent that the consideration payable is ultimately a charge to funds provided pursuant to arrangements made under section 2 of the Employment and Training Act 1973 , section 1A of the Employment and Training Act (Northern Ireland) 1950 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 .
6
The provision of facilities by —
a
a youth club or an association of youth clubs to its members; or
b
an association of youth clubs to members of a youth club which is a member of that association.
Notes:
1
For the purposes of this Group an “eligible body” is —
a
a school within the meaning of the Education Acts 1944 to 1993 , the Education (Scotland) Act 1980 , the Education and Libraries (Northern Ireland) Order 1986 or the Education Reform (Northern Ireland) Order 1989 , which is —
i
provisionally or finally registered or deemed to be registered as a school within the meaning of the aforesaid legislation in a register of independent schools; or
ii
a school in respect of which grants are made by the Secretary of State to the proprietor or managers; or
iii
a maintained school within the meaning of the Education Act 1993 or the Education and Libraries (Northern Ireland) Order 1986; or
iv
a public school within the meaning of section 135(1) of the Education (Scotland) Act 1980 ; or
v
a grant-maintained school within the meaning of section 22 of the Education Act 1993; or
vi
a self-governing school within the meaning of section 1(3) of the Self-Governing Schools (Scotland) Act 1989
vii
a grant-maintained special school within the meaning of section 182(3) of the Education Act 1993; or
viii
a grant-maintained integrated school within the meaning of Article 65 of the Education Reform (Northern Ireland) Order 1989 ;
b
a United Kingdom university, and any college, institution, school or hall of such a university;
c
an institution —
i
falling within section 91(3)(a) or (b) or section 91(5)(b) or (c) of the Further and Higher Education Act 1992 ; or
ii
which is a designated institution as defined in section 44(2) of the Further and Higher Education (Scotland) Act 1992 ; or
iii
managed by a board of management as defined in section 36(1) of the Further and Higher Education (Scotland) Act 1992; or
iv
to which grants are paid by the Department of Education for Northern Ireland under Article 66(2) of the Education and Libraries (Northern Ireland) Order 1986 ;
d
a public body of a description in Note (5) of Group 7 of Schedule 6 to this Act;
e
a body recognised under the British Council Recognition Scheme for the teaching of English as a foreign language.
f
a body not falling within paragraphs (a) to (e) above which —
i
is precluded from distributing and does not distribute any profit it makes; and
ii
applies any profits made from supplies of a description within this Group to the continuance or improvement of such supplies.
2
A supply by a body, which is an eligible body only by virtue of falling within Note (1)(e), shall not fall within this Group insofar as it consists of the provision of anything other than the teaching of English as a foreign language.
3
“Vocational training” means training or re-training for —
a
any trade, profession or employment; or
b
any voluntary work connected with —
i
education, health, safety, or welfare; or
ii
the carrying out of activities of a charitable nature; and
c
for the purposes of item 5, includes the provision of work experience.
4
“Examination services” include the setting and marking of examinations, the setting of educational or training standards, the making of assessments and other services provided with a view to ensuring educational and training standards are maintained.
5
For the purposes of item 5 a supply of any goods or services shall not be taken to be essential to the provision of vocational training unless the goods or services in question are provided directly to the trainee.
6
For the purposes of item 6 a club is a “youth club” if —
a
it is established to promote the social, physical, educational or spiritual development of its members;
b
its members are mainly under twenty-one years of age; and
c
it satisfies the requirements of Note (1)(f)(i) and (ii).
.
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
27 April 1994


text:
1
1
This Order may be cited as the A64 Trunk Road (Bramham Crossroads) Order 1994 and shall come into force on 29th April 1994.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/YHCPD52, marked “The A64 Trunk Road (Bramham Crossroads) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
J. P Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
30th March 1994


text:
1
This Order may be cited as the A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass and Slip Road) (No. 3) Order 1994 and shall come into force on 29th March 1994.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip road;
iii
“the plan” means the plan numbered HA10/EM96, marked “The A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass and Slip Road) (No. 3) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iv
“the slip road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 2 to this Order and which connects the main new road with other highways at the places stated in that Schedule.
3
The main new road and the slip road shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
14th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Durham Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order–
“the Authority” means the South Durham Health Authority;
“the Trust” means the South West Durham Mental Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 7th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
15th July 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations “the principal Regulations ” means the National Health service (General Medical Services) Regulations 1992 .
Amendment of regulation 5 of the principal Regulations
2
In regulation 5(2) of the principal Regulations (application to fill a vacancy), after “regulation 12” there is inserted “, or any further notice given under regulation 12A,”.
Amendment of regulation 12 of the principal Regulations
3
In regulation 12(3)(b) of the principal Regulations (which is part of the definition of “vacancy” for the purposes of regulations 12 and 13) —
a
for “regulation 13” there is substituted “regulations 12A and 13”; and
b
for “regulation 5(6)” there is substituted “regulation 5(9) (a)”.
Insertion of regulation 12A into the principal Regulations
4
After regulation 12A of the principal Regulations (advertisement of vacancies) there is inserted the following regulation —
Re-advertisement of vacancies
12A
1
Where in response to a notice of a vacancy the FHSA receives fewer than 20 applications in respect of the vacancy it may give further notice of the vacancy in accordance with paragraph (3).
2
Paragraph (1) shall also apply in relation to the combined response to the first notice and to one or more further notices as it applies in relation to the response to the first notice, but no more than 3 further notices may be given in respect of any vacancy.
3
A further notice of a vacancy shall —
a
be in the same terms as the notice given under regulation 12 in respect of the vacancy, except for the closing date and the inclusion in the further notice of a statement that all applications received in response to the first notice and any previous further notice in respect of the vacancy will automatically be considered for the vacancy;
b
be published in the manner mentioned in paragraph (2)(c) of regulation 12; and
c
be given within the period of 28 days beginning with the date following the closing date included in the immediately preceding notice or further notice in respect of the vacancy.
4
In this regulation and in paragraph (2A) of regulation 13, “closing date” means the date included in a notice (or a further notice) by which any application to fill the vacancy must be sent or delivered to the FHSA.
.
Amendment of regulation 13 of the principal Regulations
5
1
Regulation 13 of the principal Regulations (selection of applicants by FHSA) is amended as follows.
2
After paragraph (2) there are inserted the following paragraphs —
2A
The FHSA shall not begin making its selection for the purposes of paragraph (2) until —
a
after it has resolved to give no more notices or, as the case may be, it has given 3 further notices in respect of the vacancy; and
b
the closing date included in the last notice given before the FHSA’s resolution to give no more notices (or, as the case may be, the last of the 3 further notices) has passed.
2B
When making its selection, the FHSA shall take no account of the order in which the applications were received, or of the fact that any application was received in response to one notice rather than another.
.
Amendment of regulation 19 of the principal Regulations
6
In regulation 19 of the principal Regulations (doctors' lists), after paragraph (6) there are inserted the following paragraphs —
6A
Where a doctor has requested the FHSA to remove a person from his list in accordance with paragraph 9 of Schedule 2, the removal shall take effect from the date mentioned in that paragraph.
6B
Where a doctor has requested the FHSA to remove a person from his list with immediate effect in accordance with paragraph 9A of Schedule 2 —
a
the removal shall take effect at the time mentioned in sub-paragraph (3) of that paragraph; and
b
on receipt of the notification mentioned in sub-paragraph (1) of that paragraph, the FHSA shall —
i
in writing, acknowledge it and also give notice of the removal to the person concerned, and
ii
take all reasonable steps to assign the person to another doctor before the end of the next working day, or as soon as possible thereafter, and regulation 21 shall apply to such an assignment as if the person had applied for an assignment in accordance with that regulation but as if the word “still” were omitted from paragraph (4).
.
Amendment of regulation 21 of the principal Regulations
7
In regulation 21(11) of the principal Regulations (assignment of persons to doctors), after “list” there is inserted “and, where the application relates only to a specified person who has previously been removed from the list of the doctor, the circumstances of that removal”.
Amendment of Schedule 2 to the principal Regulations
8
1
Schedule 2 to the principal Regulations (terms of service for doctors) is amended as follows.
2
In paragraph 4 (a doctor’s patients), for sub-paragraph (4) there is substituted the following sub-paragraph —
4
Where a doctor —
a
refuses to accept for inclusion in his list a person who lives in his practice area and who is not included in the list of another doctor practising in that area; or
b
refuses to accept as a temporary resident a person to whom regulation 26 applies; or
c
has requested the removal with immediate effect of a person from his list in accordance with paragraph 9A,
he shall on request give that person any immediately necessary treatment until the expiry of the period of 14 days beginning with the date when that person was refused acceptance (or, as the case may be, with the date, when he requested the immediate removal of that person from his list), or until that person has been accepted by or assigned to another doctor, whichever occurs first.
.
3
In paragraph 9 (termination of responsibility for patients), at the beginning of sub-paragraph (1) there is inserted “Subject to paragraph 9A,”.
4
After paragraph 9 there is inserted the following paragraph —
9A
1
Where —
a
a person on a doctors list has committed an act of violence against the doctor or has behaved in such a way that the doctor has feared for his safety; and
b
the doctor has reported the incident to the police,
the doctor may notify the FHSA that he wishes to have that person removed from his list with immediate effect.
2
Notification under sub-paragraph (1) may be given by any means including telephone or fax, but if not given in writing shall subsequently be confirmed in writing within 7 days (and for this purpose a faxed notification is not a written one).
3
The time at which the doctor notifies the FHSA shall be the time at which he makes the telephone call or sends or delivers the notification to the FHSA.
4
Where pursuant to this paragraph a doctor has notified the FHSA that he wishes to have a person’s name removed from his list with immediate effect, he shall take all reasonable steps to inform the person concerned.
.
5
In paragraph 20 (responsibility for deputies), in sub-paragraph (2), for the words from “Where” to “responsible for” there is substituted “Where a doctor whose name is included in the medical list of any FHSA is acting as deputy to another doctor whose name is included in the medical list of an FHSA, the deputy alone is responsible for”.
Virginia Bottomley
Secretary of State for Health
9th March 1994


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1994 and shall come into force on 11th April 1994.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 and the Pensions Increase (Review) Order 1993 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 11th April 1994 as follows —
1
a pension beginning before 12th April 1993 may be increased by 1.8 per cent of the basic rateas increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 12th April 1993 and before 11th April 1994 may be increased by 1.8 per cent multiplied by
A B
where —
a
A is the number of complete months in the period between the beginning date of the pension and 11th April 1994, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 11th April 1994 but on or after 12th April 1993 there may be paid an increase of 1.8 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where —
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 12th April 1993 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 11th April 1994, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Brighton Borough Council and East Yorkshire Borough Council) Order 1994 and shall come into force on 24th May 1994.
Exemption of defined activities carried out by Brighton Borough Council
2
1
The activities mentioned in paragraph (2) shall not be treated as defined activities so long as they are carried out by Brighton Borough Council in their area before 1st April 1995.
2
The activities are–
a
collection of refuse;
b
cleaning under section 2(2)(b) or (c) of the Local Government Act 1988, other than the cleaning of the inside and outside of the windows of the buildings listed in Part I of the Schedule to this Order;
c
catering undertaken at the sites listed in Part II of that Schedule;
d
management of sports and leisure facilities undertaken at the Withdean Sports Complex, Tongdean Lane, Brighton;
e
maintenance of ground undertaken within any of the areas listed in Part III of that Schedule.
Exemption of certain catering by the East Yorkshire Borough Council
3
Catering by the East Yorkshire Borough Council shall not be treated as a defined activity so long as it is undertaken at the Spa Complex, South Marine Drive, Bridlington before 1st April 1995.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under–Secretary of State,
Department of the Environment
23rd April 1994


text:
Citation and commencement
1
This Order may be cited as the Premier Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Premier Health National Health Service Trust established by the Premier Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay (Small Employers' Relief) Amendment Regulations 1994 and shall come into force on 6th April 1994.
Amendment of the Statutory Sick Pay (Small Employers' Relief) Regulations 1991
2
In the Statutory Sick Pay (Small Employers' Relief) Regulations 1991 —
a
in regulation 2(1) (employer’s contributions payments) for the reference to “£16,000” there shall be substituted a reference to “£20,000”; and
b
in regulation 3 (number of weeks) for the reference to “6” there shall be substituted a reference to “4”.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1994 and shall come into force on 21st February 1994.
Amendment of regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1989
2
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1989 (interpretation), in the definition of “ NHS sight test fee” —
a
in sub-paragraph (a), for “£33.75p” there is substituted “£34.22”; and
b
in sub-paragraph (b), for “£12.75p” there is substituted “£12.92”.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
26th January 1994


text:
1
This Order shall come into force on 29th September 1994 and may be cited as the A419/A417 Trunk Road (Cirencester and Stratton Bypass and Slip Roads) (Detrunking) Order 1994.
2
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road.The length given the reference letter A shall be classified as a classified road and the length given the reference letter B shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Gloucestershire that the new trunk roads are open for through traffic.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/1/SWM 103 marked “The Cirencester and Stratton Bypass and Slip Roads (Detrunking) Order 1994” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” has the same meaning as in the A419/A417 Trunk Road (Cirencester and Stratton Bypass and Slip Roads) Order 1994;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
v
“the trunk road” means the A419/A417 Trunk Road.
Signed by authority of the Secretary of State for Transport
J D Gill
Deputy Director South West Construction Programme Division Highways Agency
12th September 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Arrangement set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1955 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1991 , have been made with the Government of the Isle of Man with a view to affording relief from double taxation in relation to income tax or corporation tax and taxes of a similar character imposed by the laws of the Isle of Man; and
b
that it is expedient that those arrangements have effect.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Three Valleys, Rickmansworth and Colne Valley Water (Amendment of Local Enactments etc.) Order 1994 and shall come into force on 31st March 1994.
Amendment of references in local statutory provisions etc.
2
1
As from 31st March 1994 any reference to, or to the undertaking of, Rickmansworth and Colne Valley in any local statutory provision and in any charges scheme made by Rickmansworth and Colne Valley under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2) below, as a reference to Three Valleys or, as the case may be, to the undertaking of Three Valleys.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 31st March 1994.
Repeal of local statutory provisions
3
The local statutory provisions referred to in the Schedule to this Order are repealed to the extent indicated in that Schedule with effect from 31st March 1994.
Signed by authority of the Secretary of State
N. W. Summerton
An Under Secretary in the
Department of the Environment
29th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham Priority Health Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Rotherham Health Authority;
“the Trust” means the Rotherham Priority Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Central Rating Lists Regulations 1994 and shall come into force on 30th December 1994.
2
In these Regulations —
“the 1989 Regulations ” means the Central Rating Lists Regulations 1989 ; and
“designated person” in relation to a central non-domestic rating list compiled on or after 1st April 1995 means a person designated by regulation 5(1) of these Regulations and in relation to a central non-domestic rating list compiled on 1st April 1990 means a person designated by regulation 2 of the 1989 Regulations.
3
Any reference in these Regulations to a hereditament is to a relevant non- domestic hereditament.
4
Any reference in these Regulations to a designated person by name is a reference to the company or body registered by or bearing that name at the date that name is entered in the central non-domestic rating list for England or for Wales, as the case may be.
5
Any term used in the Schedule to these Regulations or any Part of the Schedule has the meaning ascribed in that Schedule or that Part.
Application of the Regulations
2
1
Other than regulations 3 and 4, these Regulations shall have effect with respect to any central non-domestic rating list compiled on or after 1st April 1995.
2
Regulations 3 and 4 shall have effect with respect to the central non-domestic rating list for England compiled on 1st April 1990.
Amendments to the 1989 Regulations: water undertakers
3
With effect from 31st March 1994 —
a
the designated person in respect of the description of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to East Anglian Water Company shall be Essex Water Company;
b
the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Colne Valley Water Company and Rickmansworth Water Company shall be Lee Valley Water Company; and
c
Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” by the deletion of “Colne Valley Water Company”, “East Anglian Water Company” and “Rickmansworth Water Company”.
Further amendments to the 1989 Regulations: water undertakers
4
With effect from 1st July 1994 —
a
the designated person in respect of the descriptions of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to Bournemouth and District Water Company and West Hampshire Water Company shall be Bournemouth and West Hampshire Water Plc; and
b
Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “II.PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” by the deletion of Bournemouth and District Water Company and West Hampshire Water Company.
Designation of persons and description of hereditaments
5
1
For the purposes of section 53(1) of the Local Government Finance Act 1988 —
a
there are hereby designated the persons named in the Schedule; and
b
there is hereby prescribed in relation to each such person the description of hereditament set out opposite the name of that person in the Schedule.
2
Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.
Content of central rating lists
6
1
The central non-domestic rating list for England must show, for each day in each year for which that list is in force —
a
the name of each person designated by regulation 5; and
b
against each name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.
2
The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force —
a
the name of each person designated by regulation 5 and named in Part 1 or 3 of the Schedule, under the heading I of Part 2, 6 or 7 or under the heading II of Part 4 or 5, and
b
against each name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.
7
1
Each central list shall also show, against the name of each designated person —
a
where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;
b
where the person is a registered company, its registered number; and
c
the first day, if later than 1st April 1995, for which the rateable value shown in the list against the name of the designated person has effect.
2
Each central list shall also show, where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.
Revocations and savings
8
1
Subject to paragraph (2), there are hereby revoked with effect from 1st April 1995 the following —
a
the Central Rating Lists Regulations 1989 ;
b
the Central Rating Lists (Amendment) Regulations 1990 ;
c
the Central Rating Lists (Amendment) ( No. 2) Regulations 1990 ;
d
regulation 3 of the Non-Domestic Rating (Alteration of Central Lists) (Amendment) Regulations 1991 ;
e
the Central Rating Lists (Amendment) Regulations 1993 ; and
f
regulations 3 and 4 of these Regulations.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of or for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, for Wales
7th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1994 and shall come into force on 1st May 1994.
Amendment
2
The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 shall be amended as follows.
Definitions
3
In regulation 2(2) there shall be inserted at the appropriate place in alphabetical order the following definition–
“grant–maintained school” means a school conducted by a governing body incorporated under Part II of the Education Act 1993 , or Chapter IV of Part I of the 1988 Act, for the purpose of conducting the school ;
.
Revelant employment
4
In regulation 3–
a
in paragraph (3) after “3” there shall be inserted “3A” and after “5” there shall be inserted “, 5A” ;
b
in paragraph (4) for the words “school” to the end there shall be substituted the words “grant–maintained school”;
c
in paragraph (5) after “5” there shall be inserted “or 5A”;
d
in paragraph (7)(c) for the words “school” to the end there shall be substituted the words “grant–maintained school or grant–maintained special school”; and
e
in paragraph (7) after sub–paragraph (g) there shall be inserted the following sub–paragraph–
h
category H comprises relevant employment at an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 .
.
Persons to whom the Regulations apply
5
In regulation 4 for sub–paragraph (b) of paragraph (4) there shall be substituted the following sub–paragraph–
b
i
he then had completed a qualifying period, within the meaning of regulation E3 of the Superannuation Regulations, of at least 5 years, or
ii
in the case of a person who was in full–time employment, he would have completed such a qualifying period if he had not made an election under regulation B6 of the Superannuation Regulations, or
iii
in the case of a person who was in part–time employment, he would have completed such a qualifying period if he had made an election under regulation B2 of the Superannuation Regulations,
.
Compensation on death
6
In regulation 9(3) (short–term compensation on death) for “16(4)” there shall be substituted “16(3)”.
7
In regulation 10(7) (long–term compensation on death) after the word “left” there shall be inserted the word “out”.
8
In regulation 11 (duration of compensation on death) for paragraph (1) there shall be substituted the following paragraphs–
1
Subject to paragraphs (1A) and (4), a person’s short–term compensation under regulation 9 is payable from the day after that of the death, and the duration of the short–term compensation payable shall be ascertained from the table below.
TABLE
Category Person entitled to short–term compensation Duration of compensation (months)
1 Spouse or nominated beneficiary but with no child 3 2 Spouse or nominated beneficiary but with one child or more 6 3 No spouse or nominated beneficiary but one child or more 6
1A
On the death of a spouse or nominated beneficiary before the termination of the short–term compensation payable under Category 2 of the table in paragraph (1), the balance of compensation is payable to the child or children as the case may be.
Liability for compensation
9
In regulation 17(3)(a) and (5)(a) for “or G”, there shall be substituted “, G or H”.
Deciding and compensating authorities
10
In the first column of the table in Part I of the Schedule after “G”, there shall be inserted “, H”.
John Patten
Secretary of State for Education
30th March 1994
We consent
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
12th April 1994


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Channel Islands) Order 1994 and shall come into force on 19th October 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 in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 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 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 Attorney General” means, in the application of the Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and in the application of the Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“enactment” includes an enactment of the States of Guernsey or the States of 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;
“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;
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“property” includes funds, financial, tangible and intangible assets, property rights and public and privately traded securities and debt instruments, and any other financial and economic resources;
“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 meaning 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 meaning they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle.
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.
Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
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,
or granted before the coming into force of this Order by the authority competent to do so, all goods are prohibited to be exported from any of the Channel Islands to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.
Prohibition on economic activities
4
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 connected with the Bosnian Serb controlled areas shall carry on any economic activities in any of the Channel Islands.
2
For the purposes of this article:
a
“economic activities” includes —
i
all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;
ii
the exercise of rights relating to property or interests in property;
iii
the establishment of any new body or change in management of an existing body;
b
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
ii
any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i) above.
Prohibition on the provision of services
5
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 8 shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.
2
For the purposes of this article “services” shall not include telecommunications services or postal services.
Assets of persons connected with Bosnian Serb controlled areas
6
1
Except with permission granted by the Treasury, no person mentioned in article 8 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 any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or 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 result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.
3
Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by 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-enactments and Repeals) Act 1964 ;
b
“investments” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986 which is not a security;
c
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body, in the Bosnian Serb controlled areas; or
ii
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
iii
any person or body acting on behalf of a body described in sub-paragraph (i) or (ii).
Exception
7
Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1992 or the Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1993 shall prohibit any activities in connection with the United Nations Protection Force ( UNPROFOR ), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.
Provision relating to articles 4, 5 and 6
8
1
The provisions of articles 5 and 6 of this Order 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 Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of article 5(1) or article 6(1), and any person who contravenes the provisions of article 4(1), shall be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 4(1) by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or any of the bodies described in article 4(2)(b)(i), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting.
4
In the case of proceedings for an offence in contravention of article 5(1), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be provided for the purposes of any business carried on the Bosnian Serb controlled areas.
Customs powers to demand evidence of destination which goods reach
9
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 Imp"ts or any person duly authorised by the Agent of the Imp"ts, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
i
a destination to which they were authorised to be exported by a licence granted under this Order or granted before the coming into force of this Order by the authority competent to do so; or
ii
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 licence, conditions attaching to licences, etc.
10
1
If for the purposes 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 or permission granted 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 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
11
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 destined for the Bosnian Serb controlled areas or the United Nations Protected Areas in the Republic of Croatia; 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.
Obtaining of evidence and information
12
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 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
13
1
Any person guilty of an offence under article 8(2) by contravening article 5(1) or 6(1) 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; or
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 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 8(2) by contravening article 4(1) or under article 10(1) or (2) or article 11(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 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 9 or article 11(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 alleged to have been committed outside the Bailiwick in question may be commenced at any time not later than twelve 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:
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
14
1
The Treasury, the Lieutenant Governor, the Attorney General or the Finance and Economics Committee may to such extent and subject to such restrictions and conditions as they, he or it may think proper, delegate or authorise the delegation of any of their, his or its powers under this Order to any person, or class or description of persons, approved by them, him or it, and references in this Order to the Treasury, the Lieutenant Governor, the Attorney General or 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 that granted it.
N. H. Nicholls
Clerk of the Privy Council