text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations —
“aircraft documents”, in relation to any aircraft, means any certificate of registration, maintenance or airworthiness of that aircraft, any log book relating to the use of that aircraft or its equipment and any similar document;
“airport charges” means charges payable to a person owning or managing an aerodrome in the United Kingdom to which section 88 of the Civil Aviation Act 1982 or any enactment having the force of law in Northern Ireland containing provisions corresponding to that section for the time being applies for the use of, or for services provided at, the aerodrome but does not include charges payable by virtue of these Regulations;
“authorised person” means —
any constable; and
any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“the court” means, as respects England and Wales, the High Court, as respects Scotland, the Court of Session and, as respects Northern Ireland, the High Court of Justice in Northern Ireland;
“international flight” means a flight to or from a place outside the United Kingdom, Channel Islands and the Isle of Man;
“maximum total weight authorised” means, in relation to an aircraft, the maximum total weight of the aircraft and its contents at which the aircraft may take off in the United Kingdom in the most favourable circumstances in accordance with the certificate of airworthiness for the time being in force in respect of the aircraft; however if that certificate indicates a maximum total weight at which the aircraft may taxi, that weight shall be taken to be the maximum total weight authorised;
“operator”, in relation to an aircraft, means the person who, at the relevant time, has the management of that aircraft;
“the specified amount” means, in relation to a landing or take-off, the additional cost incurred by the CAA in providing navigation services by reason of the landing or take-off, as the case may be, being made outside hours;
“the standard charge” means, for each complete metric tonne of the maximum total weight authorised of the aircraft in respect of which the charge is made, and for each fraction of a metric tonne, a charge for services provided in connection with the use of any one of the aerodromes specified in column 1 of the following Table in respect of an aircraft engaged on any flight, of the amount specified in relation to that aerodrome in column 2 of the said Table;
TABLE
(1) (2)
Heathrow-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.59
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.65
Gatwick-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.59
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.65
Stansted-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.59
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.65
Aberdeen (Dyce)
£3.90
Edinburgh
£3.20
Glasgow
£2.58
“United Kingdom Air Pilot” means a document published by the CAA and so entitled;
“within hours” means within the notified hours of watch of the air traffic control unit at the aerodrome, and “outside hours” shall be construed accordingly.
2
Unless otherwise defined in this regulation and unless the context otherwise requires, expressions used in these Regulations shall have the same respective meanings as in the Air Navigation Order .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for navigation services at aerodromes
4
1
Subject to the provisions of these Regulations, the operator of every aircraft for which navigation services are provided by the CAA in connection with the use of an aerodrome referred to in the Table in regulation 2(1) of these Regulations (whether or not the services are actually used or could be used with the equipment installed in the aircraft) shall pay to the CAA for those services on the occasion specified in the first column of the following Table the charges specified in relation to those occasions in the second column thereof —
TABLE
a
Upon each landing of the aircraft at that aerodrome within hours
the standard charge.
b
Upon each landing of the aircraft at that aerodrome outside hours
the standard charge surcharged by 75% or by the specified amount whichever is the greater.
c
Upon each take-off of the aircraft at that aerodrome outside hours being either —
i
a take-off which does not take place within 1 hour of landing or
ii
a take-off which takes place within 1 hour of a landing made within hours
the specified amount or 75% of the standard charge whichever is the greater.
2
Where on the occasion of any landing or take-off (as the case may be) other than one to which paragraph (4) applies in connection with a flight which is not for the purpose of public transport the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
3
Subject to paragraph (6) below, where on the occasion of any landing or take-off (as the case may be) at Aberdeen (Dyce), Edinburgh or Glasgow aerodrome by an aircraft on a scheduled journey the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
4
Where on the occasion of any landing or take-off (as the case may be) in connection with a flight made exclusively for the purpose of instruction or testing of flight crew, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50%percnt; of the standard charge” in the case of any aerodrome referred to in the Table in regulation 2(1) of these Regulations.
5
The minimum charge payable under this regulation shall be £10.00.
6
Paragraph (3) above shall not apply to any flight to which regulation 7 applies.
Charges for approach services provided from an aerodrome to aircraft which do not land at that aerodrome
5
1
Subject to the provisions of these Regulations, the operator of every aircraft engaged on a flight which is not for the purpose of public transport for which navigation services are provided by the CAA in connection with an approach to an aerodrome referred to in the Table in regulation 2(1) of these Regulations, not being the aerodrome of intended landing of the aircraft (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to the CAA for those services for each approach to any aerodrome referred to in the said Table 25% of the standard charge.
2
The minimum charge payable under this regulation shall be £10.00.
Charges for services provided in the Shanwick Oceanic Control Area
6
Subject to the provisions of these Regulations, the operator of every aircraft (whether or not registered in the United Kingdom) which flies within the Shanwick Oceanic Control Area, as described in the United Kingdom Air Pilot on the date these Regulations are made, and in respect of which a flight plan is communicated to the appropriate air traffic control unit in relation to its flight in that Area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £85.00.
Charges for services provided for North Sea helicopters
7
1
Subject to the provisions of these Regulations, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (2) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £151.00.
2
The area referred to in paragraph (1) of this regulation is the area bounded by straight lines joining successively the following points —
N6300 W00500; N6328.57 EW00000; thence south along the UK Median Line to N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500.
3
Subject to the provisions of these Regulations, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (4) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA for the navigation services made available by it in relation to that flight, a charge of £49.00.
4
The area referred to in paragraph (3) of this regulation is the area bounded by straight lines joining successively the following points —
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Value Added Tax charge
8
For the purpose of reimbursing the CAA in respect of value added tax payable on the provision of navigation services for which a charge is payable pursuant to these Regulations there shall be charged an additional charge equal to the amount of such tax and the incidence of the first mentioned charge shall determine the incidence of the additional charge.
Services provided outside hours where the intention to land or take-off is not carried out
9
Whenever, by reason of its having received from the operator or commander of an aircraft notice of intention to make use outside hours of an aerodrome referred to in the Table in regulation 2(1) of these Regulations for landing or take-off or as an alternate aerodrome, the CAA provides navigation services outside hours but the aircraft does not land or take-off on the occasion specified in the notice, the operator of the aircraft shall pay, in respect of each such aerodrome —
a
in the case of an intended landing or intended use of the aerodrome as an alternate aerodrome, an amount equal to the surcharge payable under regulation 4(1)(b) of these Regulations on the landing of the aircraft outside hours;
b
in the case of an intended take-off, an amount equal to the charge, if any, which would have been payable under regulation 4(1)(c) of these Regulations if the aircraft had actually taken off outside hours at the intended time:
Provided that a charge shall not be payable under this regulation if the notice of intention is cancelled not less than 30 minutes before the end of the last period of watch within hours before the time specified in the notice for landing or for the intended use of the aerodrome as an alternate aerodrome or for take-off, as the case may be.
Dispensations
10
The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
Detention and sale of aircraft for unpaid charges
11
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
12
The CAA or authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
14
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the Court has found to be due by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982 ;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 12 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on any aerodrome referred to in the Table in regulation 2(1) of these Regulations or to which section 88 of the Civil Aviation Act 1982 for the time being applies.
19
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
24th February 1995
We consent to the making of these Regulations.
Timothy Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warwickshire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15 September 1995.
2
In this Order —
“the Authority” means the Warwickshire Health Authority;
“the Trust” means the Warwickshire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 25th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15 September 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16 August 1995


text:
Commencement and citation
1
This Order may be cited as the A20 Trunk Road (Bexley and Bromley) Red Route Experimental Traffic Order 1995, and shall come into force on 10th November 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Bexley (Waiting and Loading Restriction) Order 1991 [BLB TMO 1991 008] is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Bexley (Waiting and Loading Restriction) Order 1991 [BLB TMO 1991 008] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
8th September 1995


text:
Citation and commencement
1
This Order may be cited as the Fosse Health, Leicestershire Community National Health Service Trust Dissolution Order 1995 and shall come into force on 1st April 1995.
Dissolution of NHS trust
2
The Fosse Health, Leicestershire Community National Health Service Trust established by the Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1992 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
28th February 1995


text:
1
This Order may be cited as the Public Telecommunication System Designation (AT&T Communications (UK) LTD) Order 1995 and shall come into force on 3rd March 1995.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under Secretary of State
Department of Trade and Industry
27th January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Children (Short-term Placements) (Miscellaneous Amendments) Regulations 1995 and shall come into force on 25th August 1995.
Amendment of the Foster Placement (Children) Regulations 1991
2
1
The Foster Placement (Children) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
For regulation 9 (short-term placements) there shall be substituted the following regulation —
9
1
This regulation applies where a responsible authority has arranged to place a child in a series of short-term placements with the same foster parent and the arrangement is such that no single placement is to last for more than four weeks and the total duration of the placements is not to exceed 120 days in any period of 12 months.
2
A series of short-term placements to which this regulation applies may be treated as a single placement for the purposes of this Part and Part IV of these Regulations but with the modifications set out in the following provisions of this regulation.
3
Regulation 6(1)(a)(i) and (ii) shall apply as if it required arrangements to be made for visits to the child on a day when he is in fact placed (“a placement day”) —
a
within the first seven placement days of a series of short-term placements, and
b
thereafter, if the series of placements continues, at intervals of not more than six months or, if the interval between placements exceeds six months, during the next placement.
4
Regulation 15(1)(a) shall apply as if it required arrangements to be made for visits to the child on a placement day, within the first seven placement days of a series of short-term placements.
.
3
In regulation 10 (placements outside England and Wales), for paragraph (1) there shall be substituted the following paragraph —
10
1
A voluntary organisation may not place a child for whose placement it is responsible outside the British Islands and notwithstanding regulation 8, a voluntary organisation may not place a child outside the British Islands on behalf of a local authority.
.
4
In regulation 16 (requirements in respect of visits) the words “(but subject to regulation 9(2))” shall be omitted.
Amendment of the Arrangements for Placement of Children (General) Regulations 1991
3
For paragraph (1) of regulation 13 of the Arrangements for Placement of Children (General) Regulations 1991 (application of Regulations to short-term placements) there shall be substituted the following paragraph —
1
This regulation applies where a responsible authority has arranged to place a child in a series of short-term placements at the same place and the arrangement is such that no single placement is to last for more than four weeks and the total duration of the placements is not to exceed 120 days in any period of 12 months.
.
Amendment of the Placement of Children with Parents etc Regulations 1991
4
In regulation 13 of the Placement of Children with Parents etc Regulations 1991 (application of Regulations to short-term placements) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
This regulation applies where a local authority has arranged to place a child in a series of short-term placements with the same person and the arrangement is such that no single placement is to last for more than four weeks and the total duration of the placements is not to exceed 120 days in any period of 12 months.
; and
b
for paragraph (3) there shall be substituted the following paragraph —
3
Regulation 9(1)(b) shall apply in relation to short-term placements to which this regulation applies as if for paragraphs (1)(b)(i) to (iii) of that regulation there were substituted —
i
on a day when the child is in fact placed (“a placement day”) within the first seven placement days of a series of short-term placements, and
ii
thereafter, if the series of short-term placements continues, on placement days falling at intervals of not more than six months or, if the interval between placements exceeds six months, during the next placement.
Amendment of the Review of Children’s Cases Regulations 1991
5
For regulation 11 of the Review of Children’s Cases Regulations 1991 (application of Regulations to short periods) there shall be substituted the following regulation —
11
1
This regulation applies to cases in which a responsible authority has arranged that a child should be looked after or provided with accommodation for a series of short periods at the same place and the arrangement is such that no single period is to last for more than four weeks and the total duration of the periods is not to exceed 120 days in any period of 12 months.
2
Regulation 3 shall not apply to a case to which this regulation applies, but instead —
a
each such case is first to be reviewed within three months of the beginning of the first of the short periods;
b
if the case continues, the second review shall be carried out not more than six months after the first; and
c
thereafter, if the case continues, subsequent reviews shall be carried out not more than six months after the date of the previous review.
3
For the purposes of regulation 6, a child shall be treated as continuing to be looked after or provided with accommodation throughout the period that this regulation applies to his case.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State
Department of Health
1st August 1995


text:
Citation and Commencement
1
This Order may be cited as the Value Added Tax (Cars)(Amendment) Order 1995 and shall come into force on 1st June 1995.
2
The Value Added Tax (Cars) Order 1992 shall be amended as follows.
3
In article 2 —
a
in the definition of “the Act”, for “1983” there shall be substituted “1994”;
b
after the definition of “the Act” there shall be inserted —
“the Manx Act ” means the Value Added Tax and Other Taxes Act 1973
;
c
after the definition of motor car there shall be inserted —
“auctioneer” means a person who sells or offers for sale goods at any public sale where persons become purchasers by competition, being the highest bidders.
4
In article 4 —
a
in paragraph (1)(c) for “14(10)” there shall be substituted “25(7)”
b
in paragraph (2) for “8A(1)(a)” there shall be substituted “11(1)(a)”
c
after paragraph (1)(c) there shall be inserted —
d
services in connection with a supply of a used motor car provided by an agent acting in his own name to the purchaser of the motor car the consideration for which is taken into account by virtue of article 8(8) below in calculating the price at which the agent sold the motor car.
e
services in connection with the sale of a used motor car provided by an auctioneer acting in his own name to the vendor or the purchaser of the motor car the consideration for which is taken into account by virtue of article 8(9) below in calculating the price at which the auctioneer obtained (or as the case may be) sold the motor car.
5
In article 5(2)(c) for “14 and 15” there shall be substituted “25 and 26”.
6
In article 7 for “29” there shall be substituted “43”.
7
For article 8 there shall be substituted —
8
1
Subject to complying with such conditions (including the keeping of such records and accounts) as the Commissioners may direct in a notice published by them for the purposes of this Order or may otherwise direct, and subject to paragraph (3) below, where a person supplies a used motor car which he took possession of in any of the circumstances set out in paragraph (2) below, he may opt to account for the VAT chargeable on the supply on the profit margin on the supply instead of by reference to its value.
2
The circumstances referred to in paragraph (1) above are that the taxable person took possession of the motor car pursuant to —
a
a supply in respect of which no VAT was chargeable under the Act or under Part I of the Manx Act;
b
a supply on which VAT was chargeable on the profit margin in accordance with paragraph (1) above, or a corresponding provision made under the Manx Act or a corresponding provision of the law of another member State;
c
a transaction which was treated by virtue of any Order made under Section 5(3) of the Act or under the corresponding provisions of the Manx Act as being neither a supply of goods nor a supply of services.
3
This article does not apply to —
a
a supply which is a letting on hire;
b
the supply by any person of a motor car which was produced by him, if it was neither previously supplied by him in the course or furtherance of any business carried on by him nor treated as so supplied by virtue of article 5 above;
c
any supply if an invoice or similar document showing an amount as being VAT or as being attributable to VAT is issued in respect of the supply;
d
save where it has previously been treated as supplied by him by virtue of article 6 above, the supply by a taxable person of a motor car where its supply to him or its acquisition by him from another member State, or its importation by him, was primarily for any of the following purposes —
i
being provided by him for hire with the services of a driver for the purpose of carrying passengers;
ii
being provided by him for self-drive hire;
iii
being used as a vehicle in which instruction in the driving of a motor car is to be given by him; or
iv
the letting on hire to a person who is not a taxable person on condition that he uses the motor car primarily for one of the purposes described in paragraphs (i) to (iii).
4
For the purposes of paragraph (3)(d) above “self-drive hire” means hire where the hirer is the person normally expected to drive the motor car and the period of hire to each hirer, together with the period of hire of any other motor car expected to be hired to him by the taxable person —
a
will normally be less than 30 consecutive days; and
b
will normally be less than 90 days in any period of 12 months.
5
Subject to paragraph (6) below, for the purposes of determining the profit margin —
a
the price at which the motor car was obtained shall be calculated as follows —
i
(where the taxable person took possession of the used motor car pursuant to a supply) in the same way as the consideration for the supply would be calculated for the purposes of the Act;
ii
(where the taxable person is a sole proprietor and the used motor car was supplied to him in his private capacity) in the same way as the consideration for the supply to him as a private individual would be calculated for the purposes of the Act;
b
the price at which the motor car is sold shall be calculated in the same way as the consideration for the supply would be calculated for the purposes of the Act.
6
Subject to paragraph (7) below, where the taxable person is an agent acting in his own name the price at which the motor car was obtained shall be calculated in accordance with paragraph 5(a) above but the selling price calculated in accordance with paragraph 5(b) above shall be increased by the amount of any consideration payable to the taxable person in respect of services supplied by him to the purchaser in connection with the supply of the motor car.
7
Instead of calculating the price at which the motor car was obtained or supplied in accordance with paragraph (6) above, an auctioneer acting in his own name may —
a
calculate the price at which the motor car was obtained by deducting from the successful bid the consideration for any services supplied by him to the vendor in connection with the sale of the motor car;
b
calculate the price at which the motor car was supplied by adding to the successful bid the consideration for any supply of services by him to the purchaser in connection with the sale of the motor car,
in either (or both) cases excluding the consideration for supplies of services that are not chargeable to VAT.
Derek Conway
Andrew McKay
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 1995


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1995 and shall, in accordance with section 9(2)(b) of the Act, come into force on 1st January 1996.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using the existing bridge shall be as follows: —
Category 1 vehicles £3.80, Category 2 vehicles £7.70, Category 3 vehicles £11.50,
3
The Severn Bridges Tolls Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
8th December 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Financial Services) (England) Regulations 1995 and shall come into force on 5th December 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“the allowable period” means the period commencing on the date when section 6 of the Act first applies to the defined authority in question in respect of specified work and ending on the date the work falling within paragraph 13(1)(e) of Schedule 1 to the Act is completed;
“the Act” means the Local Government Act 1988;
“the cost” means the estimated total annual cost including overheads;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F + G )
where
T
an amount equal to the total of the cost to a defined authority of the specified work and of determination work;
A
an amount equal to 65% of T or £300,000,, whichever is greater;
B
for the period ending on 31st March 1999 or five years after work was awarded,, whichever is the shorter, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C
, an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D
until 1st April 1999,, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act;
E
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;
F
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government,, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and
G
for the allowable period,, an amount equal to the cost of work falling within paragraph 13(1)(e) of Schedule 1 to the Act where that work has been started by a defined authority before the commencement of the allowable period;
“the finance defined activity” means the defined activity mentioned in section 2(2)(l) of the Act (financial services) ;
“specified work” means work of any description falling within the finance defined activity other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies; and “determination work” means work in connection with the determination of payments in pursuance of any functions conferred on an authority by or under the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992 ;
“voluntary competitive tendering” means the awarding of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
Application of section 6
3
1
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out —
a
on or after 1st October 1997 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 (“a structural change”) where that structural change takes effect from 1st April 1995; or
b
on or after 1st October 1988 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st October 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st April 1998 by a county council or non-metropolitan district council which is not subject to a structural change; or
e
on or after 1st April 1997 by any other defined authority except —
i
those mentioned in Section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act; and
ii
a police authority.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
13th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brent and Harrow Health Authority (Transfer of Trust Property) Order 1995 and shall come into force on 9th March 1995.
2
In this Order —
“the first Authority” means the Kensington Chelsea and Westminster Health Authority;
“the second Authority” means the Brent and Harrow Health Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 17th January 1994, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 9th March 1995 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
10th February 1995


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1995 and shall come into force on 17th April 1995.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation of those Ministers or government departments has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation of earlier designation
3
The designation of the Secretary of State and the Commissioners of Customs and Excise in respect of measures relating to the prohibition of the release for free circulation of goods bearing a trademark without authorisation, in the European Communities (Designation) (No. 2) Order 1987 , is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Retirement Age of General Commissioners Order 1995 and shall come into force on 1st January 1996.
Interpretation
2
In this Order —
a
“General Commissioner” means Commissioner for the general purposes of the income tax appointed under section 2 of the 1970 Act ;
b
“the 1970 Act” means the Taxes Management Act 1970;
c
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993.
Amendment of Judicial Pensions and Retirement Act 1993
3
Schedule 5 to the 1993 Act shall be amended by inserting after the entry relating to the office of Deputy Special Commissioner appointed under section 4A of the 1970 Act the words “Commissioner for the general purposes of the income tax appointed under section 2 of the Taxes Management Act 1970”.
Application
4
Article 3 shall have effect only in relation to a person appointed to the office of General Commissioner on or after 1st January 1996 and accordingly —
a
section 26(1) of the 1993 Act shall apply only to a General Commissioner appointed on or after 1st January 1996;
b
the following provisions of the 1993 Act shall not apply to a General Commissioner, whenever appointed —
i
in section 26(3), the words from “subject to”to “but”;
ii
section 26(11); and
iii
Schedule 7;
c
section 2(7) of the 1970 Act shall continue to have effect only in relation to a General Commissioner appointed on or before 31st December 1995.
5
Section 26(4) to (6) of the 1993 Act shall not apply to a General Commissioner, whenever appointed.
Mackay of Clashfern,C.
Dated 6th December 1995
Michael Forsyth
One of Her Majesty’s Principal Secretaries of State
Dated 8th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise (Design Weight Certificate) Regulations 1995 and shall come into force on the 1st July 1995.
Interpretation
2
1
In these Regulations —
“the Plating and Testing Regulations ” means the Goods Vehicles (Plating and Testing) Regulations 1988 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994;
“design weight certificate” means a certificate issued under these Regulations stating the design weight of a vehicle;
“design weight examination” means an examination under these Regulations other than a re-examination on an appeal;
“Goods Vehicle Centre” and “standard lists” have the meanings given by regulation 3(1) of the Plating and Testing Regulations.
2
In these Regulations, the following expressions shall have the same meaning as in Part II of the 1988 Act —
“goods vehicle”;
“motor vehicle”;
“plated weights”;
“plating certificate”;
“vehicle examiner”.
3
Without prejudice to section 17 of the Interpretation Act 1978 and subject to context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.
Issue of design weight certificates
3
The Schedule to these Regulations shall effect.
Effect of a design weight certificate
4
1
Where, at any time —
a
a design weight certificate is in force as respects a vehicle; and
b
the vehicle has not acquired a design weight by reason of any adaptation made since the relevant examination that is greater than the design weight stated in the certificate,
the certificate shall have conclusive effect for the purposes of the 1994 Act (but not these Regulations) as to the design weight of the vehicle at that time.
2
In this regulation “relevant examination”, in relation to a design weight certificate, means the examination or re-examination under these Regulations following which the certificate was issued.
Production of a design weight certificate on application for a licence
5
Where —
a
a person applies for a vehicle licence for a vehicle to which Part VIII of Schedule 1 to the 1994 Act applies; and
b
it appears to the Secretary of State that the vehicle does not have a confirmed maximum weight,
the Secretary of State may, before making a determination for the purposes of section 7(5) of the 1994 Act, require the production of a design weight certificate in respect of the vehicle.
Adaptation of a vehicle
6
An adaptation of a vehicle shall be treated as permanent for the purposes of section 60A(5) of the 1994 Act if, and only if, it is an adaptation with respect to which a design weight certificate has been issued.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
8th June 1995


text:
1
This Order may be cited as the Value Added Tax (Place of Supply of Services) (Amendment) Order 1995 and shall come into force on 1st January 1996.
2
The Value Added Tax (Place of Supply of Services) Order 1992 shall be amended in accordance with the following provisions of this Order.
3
In Article 2 for “Value Added Tax Act 1983” there shall be substituted “Value Added Tax Act 1994”.
4
In Article 14 —
a
at the end of paragraph (a) “or” shall be deleted;
b
after paragraph (a) there shall be inserted —
aa
consists of the valuation of, or work carried out on, any goods, provided the goods do not thereafter remain in the United Kingdom; or
.
5
In Article 15(d) after the words “any goods,” there shall be inserted “save as provided by Article 14 above,”.
6
In Article 16 —
a
for “paragraphs 1 to 7 of Schedule 3” there shall be substituted “paragraphs 1 to 8 of Schedule 5”; and
b
for paragraph (b) there shall be substituted —
b
is a person who belongs in a member State, but in a country other than that in which the supplier belongs, and who —
i
receives the supply for the purpose of a business carried on by him; and
ii
is not treated as having himself supplied the services by virtue of section 8 of the Act,
it shall be treated as made where the recipient belongs.
.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
Title and commencement
1
These Regulations may be cited as the Animal By-Products (Identification) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1992 Order ” means the Animal By-Products Order 1992 ;
“ the Act ” means the Food Safety Act 1990;
“animal” means any of the following food sources, namely —
domestic animals of the following species: bovine animals (including buffalo of the species Bubalus bubalis and Bison bison), solipeds, swine, sheep and goats; and
poultry, rabbits, farmed game and wild game;
“animal by-product” has the meaning given by regulation 3;
“animal by-products premises” means premises, other than a slaughterhouse or game processing facility, from which animal by-products are despatched to other premises;
“carcase” means the body of a dead animal;
“enforcement authority”, in relation to any premises, means the authority charged with enforcing and executing these regulations by regulation 12;
“farmed game” means wild land mammals which are reared and slaughtered in captivity, excluding —
mammals of the family Leporidae; and
wild land mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game;
“game processing facility” means premises, other than a slaughterhouse, used for the purpose of processing farmed or wild game the flesh of which is intended for sale for human consumption;
“green offal” means the stomachs, gizzards and intestines of animals;
“the Hygiene Regulations ” means —
the Fresh Meat (Hygiene and Inspection) Regulations 1995 ; and
the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“meat” means the flesh or other edible parts of an animal;
“occupier” means a person carrying on the business of any slaughterhouse, game processing facility or animal by-products premises, or the duly authorised representative of such a person;
“poultry” means domestic fowls, turkeys, guinea fowls, ducks, geese and quails;
“poultry by-product” means any animal by-product derived exclusively or mainly from poultry;
“scientific purposes” means diagnostic, educational or research purposes;
“stained” means treated with a solution of the colouring agent Black PN or Brilliant Black BN (E151, Colour Index 197 No 28440), which solution is of such a strength that the colouring on the animal by-product is clearly visible; and, for the purposes of this definition, “treated” means that the whole surface of the animal by-product has been covered with the said solution either by immersing the animal by-product in, or spraying or otherwise applying, the solution and, in the case of an animal by-product weighing not less than 25kg, that the solution has been so applied after the surface of the animal by-product has been opened by multiple and deep incisions;
“sterilised” means —
treated by boiling or by steaming under pressure until every piece of animal by-product is cooked throughout;
rendered into tallow, greases, glues, feeding meals or fertilisers; or
subjected to a process, including digestion, other than those described above which inactivates all vegetative forms of human pathogenic organisms in the animal by-product and results in all parts of that animal by-product no longer having the appearance of raw meat;
“wild game” means wild land mammals which are hunted (including wild land mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds.
2
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Meaning of “animal by-product”
3
1
Subject to paragraph (2) below, for the purposes of these Regulations “animal by-product” means any carcase or part of a carcase which is not intended for direct human consumption and which —
a
is derived from an animal which —
i
has died;
ii
has been killed in a knacker’s yard;
iii
has been killed in a place other than a slaughterhouse;
iv
is stillborn or unborn;
v
has been killed for reasons of disease control;
vi
has been slaughtered for human consumption and, during the ante-mortem or post-mortem inspection carried out in connection with such slaughter, has shown signs of any disease communicable to humans or animals; or
vii
has been slaughtered for human consumption but has not been presented for post-mortem inspection in accordance with the Hygiene Regulations;
b
is spoiled in any way so as to present a risk to human or animal health; or
c
contains residues of any substances which may pose a risk to human or animal health.
2
In these Regulations, “animal by-product” does not include any animal excreta or catering waste or meat cooked at a knacker’s yard for use as food for animals whose flesh is not intended for human consumption.
Scope
4
Nothing in these Regulations shall —
a
require the sterilisation or staining, or affect the disposal or other treatment, of an entire dead animal; or
b
affect the operation of any order made, or having effect, under the Animal Health Act 1981 .
Exemptions
5
1
These Regulations shall not apply in respect of —
a
the green offal of wild game which is killed in the wild and is removed from the carcase and left at the point of killing or in its vicinity;
b
any animal by-product which is removed, or is intended to be removed, from any premises by, or under the authority of, a veterinary surgeon for examination by him or on his behalf;
c
any animal by-product consisting only of the waste product remaining after feeding to zoo, circus or fur animals, recognised packs of hounds or maggots farmed for fishing bait, where such waste product no longer has the appearance of meat;
d
any animal by-product imported into Great Britain for use for scientific purposes;
e
any animal by-product which —
i
is, or is derived from, a product of animal origin controlled by Council Directive 90/667/ EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin ; and
ii
is transhipped in accordance with regulation 18 of the Products of Animal Origin (Import and Export) Regulations 1992 ; or
f
specified bovine offal as defined in regulation 2(1)(b) of the Bovine Offal (Prohibition) Regulations 1989 .
2
The requirement as to staining and sterilisation imposed by regulations 6 and 7 shall not apply to —
a
poultry by-products;
b
any animal by-product consisting of blood, bones, gut contents, skins, hides, hooves, feathers, wool, horns or hair;
c
any animal by-product consisting of green offal, or which is in a container the contents of which consist mainly of green offal, which is intended to be removed from any slaughterhouse, game processing facility or animal by-products premises for disposal in accordance with the 1992 Order; or
d
any animal by-product which is intended for use for scientific purposes and which, pending such use or removal to premises for such use in accordance with the 1992 Order, is placed in a room and in a receptacle designed for the purpose of holding animal by-products and bearing a notice that its contents are intended for use for scientific purposes.
Sterilisation and staining of animal by-products in slaughterhouses or game processing facilities
6
1
Subject to paragraph (2) below, it shall be the duty of the occupier of a slaughterhouse or game processing facility to ensure that any animal by-product is sterilised or stained immediately.
2
The requirement imposed by paragraph (1) above shall not apply to any animal by-product —
a
which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation and bearing a notice that its contents are to be sterilised on the premises, and which is then sterilised there;
b
which is immediately moved to accommodation in the slaughterhouse or game processing facility and placed in a receptacle as required by paragraph 1(h) of Schedule 2, paragraph 1(g) of Part I of Schedule 5, paragraph 1(s) of Part II of Schedule 6 or paragraph 1(p) of Part III of Schedule 6 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 , and which is stained there; or
c
which is intended to be removed from the slaughterhouse or game processing facility in accordance with regulation 10(2), and which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation.
3
Any animal by-product which is placed in a receptacle as referred to in paragraph (2) above shall be sterilised, stained or removed from the slaughterhouse or game processing facility in accordance with regulation 10(2) as soon as is reasonably practicable.
Sterilisation and staining of animal by-products in animal by-products premises
7
1
Subject to paragraph (2) below, it shall be the duty of the occupier of any animal by-products premises to ensure that any animal by-product is sterilised or stained immediately after skinning of the carcase or, if the carcase is eviscerated immediately after skinning, immediately after evisceration or, if the carcase is cut up immediately after evisceration or is brought into the premises already eviscerated, immediately after cutting up is completed;
2
The requirement imposed by paragraph (1) above shall not apply to any animal by-product —
a
which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation and bearing a notice that its contents are to be sterilised on the premises and which is then sterilised there; or
b
which is intended to be removed from the animal by-products premises in accordance with regulation 10(2), and which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation.
3
Any animal by-product which is placed in a receptacle as referred to in paragraph (2) above shall be sterilised or removed from the animal by-products premises in accordance with regulation 10(2) as soon as is reasonably practicable.
Freezing of animal by-products in any slaughterhouse, game processing facility or animal by-products premises
8
1
Subject to paragraph (2) below, no person shall freeze any animal by-product in any slaughterhouse, game processing facility or animal by-products premises unless it has been sterilised or stained in accordance with these Regulations.
2
Paragraph (1) above shall not apply in the case of any animal by-product which is intended to be removed from the slaughterhouse, game processing facility or animal by-products premises in accordance with regulation 10(2).
Storage and packaging of animal by-products
9
1
No person shall store any unsterilised animal by-product in the same room as any product which is intended for human consumption.
2
No person shall store in any premises used for the storing of products fit for human consumption any unsterilised animal by-product unless it is packed with a conspicuously visible and legible notice with the declaration “Not intended for human consumption” in letters at least 2cm high, together with the name of the packer and the address at which the animal by-product was packed or, in the case of any imported animal by-product, the name of the country from which it was imported into Great Britain.
Restriction on movement of animal by-products
10
1
Subject to paragraph (2) below, no person shall move or cause to be moved any animal by-product from any slaughterhouse, game processing facility or animal by-products premises unless it has been sterilised or stained in accordance with these Regulations.
2
The prohibition contained in paragraph (1) above shall not apply to any animal by-product which has not been sterilised or stained in accordance with these Regulations because of a permanent or temporary closure of the slaughterhouse, game processing facility or animal by-products premises or a breakdown of the machinery installed there or a trade dispute, and which is moved, under the supervision of an authorised officer of the enforcement authority, to other premises for incineration or burial in accordance with the 1992 Order.
Application of various sections of the Act
11
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act, and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
a
section 3 (presumption that food is intended for sale for human consumption);
b
section 20 (offences due to fault of other person);
c
section 21 (defence of due diligence);
d
section 33 (obstruction etc. of officers);
e
section 36 (offences by bodies corporate) subject to the modification that a reference to a body corporate includes a Scottish partnership and a reference to a director includes a partner in a Scottish partnership; and
f
section 44 (protection of officers acting in good faith).
Enforcement
12
1
Subject to paragraph (2) below, these Regulations shall be enforced and executed —
a
in relation to premises licensed under the Hygiene Regulations, by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Scotland or Wales; and
b
in any other case, by each food authority within its area.
2
Each port health authority shall enforce and execute these Regulations in its area in relation to animal by-products imported into Great Britain.
3
In this regulation, “food authority” does not include —
a
the council of a non-metropolitan county; or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Information to be provided by the food authorities
13
Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.
Offences and penalties
14
If any person contravenes, or fails to comply with, any provision of regulation 6, 7, 8, 9 or 10 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
Revocation
15
The Meat (Sterilisation and Staining) Regulations 1982 , the Meat (Sterilisation and Staining) (Amendment) Regulations 1984 and the Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 are hereby revoked.
Amendments
16
1
The Bovine Offal (Prohibition) Regulations 1989 shall be amended as follows —
a
in regulation 2(1) —
i
for the definition of “processor” there shall be substituted the following definition —
“processor” means any person who in the course of his processing business sterilises meat, but does not include a waste food processor licensed under the Diseases of Animals (Waste Food) Order 1973 ;
;
ii
for the definition of “sterilised” there shall be substituted the following definition —
“sterilised” has the meaning given to it in the Animal By-Products (Identification) Regulations 1995;
;
b
for the definition of “consignment note” in regulation 9(4) there shall be substituted the following definition —
“consignment note” means a consignment note issued in pursuance of regulation 22 of the Bovine Offal (Prohibition) (Scotland) Regulations 1990 ;
.
2
Regulation 2(1) of the Bovine Offal (Prohibition) (Scotland) Regulations 1990 shall be amended as follows —
a
for the definition of “dead stock collection centre”, there shall be substituted the following definition —
“dead stock collection centre” means any building or place used for flaying or cutting up dead animals whose flesh is not intended for human consumption;
;
b
for the definition of “processor”, there shall be substituted the following definition —
“processor” means any person who in the course of his processing business sterilises meat, but does not include a waste food processor licensed under the Diseases of Animals (Waste Food) Order 1973;
;
c
for the definition of “sterilised”, there shall be substituted the following definition —
“sterilised” has the meaning given to it in the Animal By-Products (Identification) Regulations 1995;
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd March 1995
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
3rd March 1995
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
7th March 1995
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
3rd March 1995


text:
Citation, commencement and interpretation
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1995 and shall come into force on 30th October 1995.
2
In this Order an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980 , and a column or fee referred to by number means the column or fee so numbered in the Schedule to that Order.
Amendments to the Supreme Court Fees Order 1980
3
For article 5(1) there shall be substituted the following: —
5
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,
a
is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , and
b
is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings.
.
4
The entries in Column 2 in respect of each of the fees numbered in the Table below shall be replaced as shown in that Table.
TABLE
Fee No. Existing entry in Column 2 New entry in Column 2
1. 100.00 120.00 11(c) 15.00 20.00 11(d) 15.00 20.00 13 25.00 30.00 14 25.00 35.00 25(a)(i) 1700.00 1800.00 25(a)(ii) 1200.00 1400.00 25(b)(i) 1700.00 1800.00 25(b)(ii) 1200.00 1400.00 27(a)(i) 100.00 120.00 27(a)(ii) 100.00 120.00 27(c) 50.00 60.00 29(f) 15.00 35.00 30(a) 50.00 55.00 30(b)(i) 20.00 25.00 30(b)(ii) 50.00 55.00 30(c) 50.00 55.00 30(f) 15.00 25.00
5
For columns 1 and 2 in Fee No. 18 there shall be substituted the following: —
Column 1 (No. and description of fee) Column 2 (Amount of fee)
18
For a copy of any document, or examining a plain copy and marking it as an office copy, per page
£1.00
6
Fees Nos. 19, 20 and 30(d) shall be omitted.
7
For columns 1 and 2 in Fee No. 24 there shall be substituted the following: —
Column 1 (No. and description of fee) Column 2 (Amount of fee)
24
a
On a search of court documents (except a search for acknowledgement of service and a search under the Bills of Sale Act (1878) Amendment Act 1882 ) including inspection, for each file
£5.00
b
On a search in person of bankruptcy and company records, including inspection, for each 15 minutes or part thereof
£5.00
Mackay of Clashfern, C
Dated 4th October 1995
We concur,
Taylor, C.J.
Bingham, M.R.
Richard Scott, V.-C.
Dated 3rd October 1995
We concur,
David Willetts
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pilgrim Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13th February 1995.
2
In this Order —
“the Authority” means the Lincolnshire Health Authority;
“the Trust” means the Pilgrim 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 24th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th February 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Amendment) Regulations 1995 and shall come into force on 17th April 1995.
Amendment of the principal Regulations
2
Schedule 1 to the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1994 is amended —
a
as regards Form 1 (application for renovation grant), as mentioned in Schedule 1;
b
as regards Form 2 (application for disabled facilities grant), as mentioned in Schedule 2;
c
as regards Form 3 (application for common parts grant), as mentioned in Schedule 3; and
d
as regards Form 4 (application for HMO grant), as mentioned in Schedule 4.
Application
3
1
Subject to paragraph (2), these Regulations shall not have effect in relation to applications for grant made before 17th April 1995.
2
Where, in relation to any pending application made after 12th April 1995 and before 17th April 1995, the relevant person is not entitled to a disability premium or higher pensioner premium within the meaning of Part III of Schedule 1 to the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994 but would have been so entitled had the application been made on 17th April 1995, for the purposes of that relevant person’s entitlement to a disability premium or higher pensioner premium his application shall be treated as if it had been made on 17th April 1995.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th March 1995
John Redwood
Secretary of State for Wales
20th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Pension Schemes for Derek Compton Lewis) Regulations 1995, and shall come into force on 25th July 1995.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act.
2
For the purposes of these Regulations the time when a pension “begins” is that stated in section 8(2) of the 1971 Act .
Pensions to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the Pension Schemes for Mr Derek Compton Lewis (being schemes made under section 1 of the Superannuation Act 1972 ) as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 1995


text:
1
This Order may be cited as The City of Sunderland College (Incorporation) Order 1995 and shall come into force on 1st January 1996 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “City of Sunderland College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of Monkwearmouth College, Sunderland and Wearside College, Sunderland).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1996, and the corporation shall conduct City of Sunderland College from that date.
James Paice
Parliamentary Under Secretary of State,
Department for Education and Employment
11th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 10th November 1995.
2
In this Order —
“the Authority” means the South Cheshire Health Authority;
“the Trust” means the Cheshire Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the South and East Cheshire Health Authority and the Trust on 23rd December 1994, which schedule has been signed on behalf of that Authority and the Trust.
Transfer of trust property
2
On 10th November 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th October 1995


text:
Title and commencement
1
This Order may be cited as the Milk Development Council Order 1995 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Industrial Organisation and Development Act 1947;
“the Council” means the Milk Development Council established under the provisions of this Order;
“the industry” means the industry comprising the activities of producers in producing milk in Great Britain and selling it by way of business;
“milk” means cows' milk;
“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly; and
“producer” means a person who produces milk in Great Britain and sells it by way of business.
2
For the purposes of this Order, where a person produces milk, converts it or arranges for it to be converted into another product or part of another product and sells that other product —
a
he shall be treated as selling the milk at the time that he sells that other product, and
b
the quantity of milk which he shall be treated as selling shall be the quantity so converted.
3
In this Order, unless the context otherwise requires, any reference to a numbered article or Schedule is a reference to the article or Schedule so numbered in this Order.
Establishment of Development Council
3
1
There shall be established a development council for the industry, to be known as the Milk Development Council, and there shall be assigned to them the functions specified in Schedule 1.
2
The Council shall exercise their functions in such manner as appears to them to be likely to increase efficiency and productivity in the industry, to improve and develop the service that the industry renders or could render to the community or to enable the industry to render that service more economically.
3
The Council may enter into such agreements, acquire such property and do such things, as may in the opinion of the Council be necessary or desirable for the exercise of any of their functions and may dispose of as they think fit of any property acquired by them.
Constitution of Council
4
The Council shall consist of the following members appointed by the Ministers, that is to say:
a
not more than six or fewer than two persons capable of representing the interests of producers;
b
two persons capable of representing the interests of people employed in the industry;
c
two persons (including the chairman) as to whom the Minister is satisfied that they have no such financial or industrial interest as is likely to affect them in the discharge of their functions as members of the Council (hereinafter referred to as “independent members”); and
d
one person having special knowledge of matters relating to the marketing or distribution of products of the industry.
Membership and Proceedings of Council
5
The provisions of Schedule 2 shall have effect in relation to the membership and proceedings of the Council.
Register of producers
6
1
The Council shall, in accordance with the following provisions of this article, maintain a register of producers, referred to in those provisions as “the register”.
2
The Council shall acquire such information as it is reasonably practicable for them to acquire in order to enter on the register the name and address of each person who is a producer at the time of coming into force of this Order, and shall enter on the register the names and addresses of those whose identity as producers at that time has been ascertained by the Council in acquiring that information.
3
Within thirty days after making any entry pursuant to paragraph (2) above in respect of any person, the Council shall give written notice to that person of the fact that they have done so and of details of the entry.
4
The Council shall also enter on the register the name and address of every person who applies to the Council in writing, on the grounds that he is a producer, to have his name and address entered thereon.
5
The Council may enter on the register, in addition to the name and address of any registered person, any business name under which and the address of any place at which he carries on the business in the industry, and the names of his partners in any such business, but no other information.
6
Any registered person who becomes aware of any matter rendering the entry on the register relating to him inaccurate or incomplete shall give written notice to the Council of that matter within thirty days of his becoming aware of it.
7
The Council shall amend the register in accordance with any such notification as is referred to in paragraph (6) above, on its receipt.
8
Any registered person may apply in writing to the Council for the removal of his name from the register and if the Council are satisfied that such person is not a producer they shall remove his name forthwith.
9
The Council may, if they have reasonable cause to believe that any registered person is not a producer, by notice in writing inform that person of their intention to remove his name from the register unless within thirty days from the date of the notice he gives notice in writing to the Council that he is a producer and, if no such notice is received by the Council within that period, the Council may on the expiration of that period remove his entry from the register.
10
The register shall be kept at the office of the Council and any person shall, on the payment of a fee not exceeding one pound, be entitled to inspect the register during normal business hours and to take, or be supplied with, a copy of the entries relating to any one registered person.
11
In this article “registered person” means a person whose entry is for the time being on the register.
Registration of producers
7
1
Every person who is a producer at the time at which this Order comes into force shall within 120 days thereafter apply for registration in writing to the Council unless he has received a notice given under article 6(3).
2
Every person who becomes a producer after this Order comes into force shall no later than 30 days after becoming a producer apply for registration in writing to the Council.
3
Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.
4
In this article “registration”, in relation to any person, means the entering of his name and address on the register of producers maintained under article 6, and in article 8 “registered” shall be construed accordingly.
Returns and information
8
1
Subject to paragraph 2 below, the Council may require any registered producer to furnish such returns and information relating to activities carried out as part of his business and comprised in the industry as appear to the Council to be required for the exercise of any of their functions.
2
The Council shall not exercise the powers conferred upon them under this article generally as regards the industry or any section thereof unless the Ministers have consented to such exercise and have approved the form in which the returns or other information will be required to be furnished.
Charges for expenses
9
1
For the purposes of enabling them to meet their administrative and other expenses incurred or to be incurred in the exercise of their functions the Council may, with the approval of the Ministers and subject to paragraph (2) below, impose on every producer a charge at such a rate (not exceeding 0.05 pence per litre) in respect of each litre of milk produced and sold by him as they consider from time to time to be appropriate.
2
Every charge imposed under this article shall be paid by each producer —
a
in case A, to the agent who purchases the milk in respect of which the charge was imposed, the time for payment being the time at which the agent pays the producer for the milk, and
b
in case B, to the Council at their office no later than 30 days after the end of the relevant period in which the milk in respect of which the charge was imposed was sold by the producer.
3
Case A above applies to milk in respect of which —
a
the Council have entered into an agreement with the purchaser of the milk from its producer providing for the purchaser to collect the charge from the producer as agent for the Council,
b
the Council have given written notice to the producer that they have entered into that agreement and the notice directs him to pay the charge to the purchaser, and
c
the notice has not been withdrawn or replaced by a subsequent notice,
and case B above applies to other milk in respect of which a charge is imposed under this article.
4
Where two or more persons jointly carry on business in the industry, they shall, for the purpose of calculating any charge payable by them in respect of milk produced and sold in the joint business, be treated as constituting a single person.
5
Every charge imposed under this article shall if not paid in accordance with this article be recoverable as a debt.
6
For the purposes of this article each relevant period except the first is a period of 6 months beginning on 1st April or 1st October and the first begins on the first day of the month immediately following the month on which this Order comes into force and ends immediately before the beginning of the next relevant period.
Borrowing and investment of money
10
1
The Council may borrow money and pledge, mortgage or charge or grant standard security over any of their property (including the proceeds of the charges imposed in accordance with the provisions of article 9) for the purpose of defraying any expenses incurred or to be incurred in the discharge of their functions.
2
The Council may establish and thereafter maintain a reserve fund for the purpose of carrying out their functions.
3
Any moneys for the time being comprised in a reserve fund maintained under this article and any other moneys of the Council which are not for the time being required for any other purpose may be invested in accordance with paragraph (4) below.
4
Sections 1, 2, 5, 6, 12 and 13 of the Trustee Investments Act 1961 (which relate to the investment powers of trustees) shall have effect in relation to any such moneys, and in relation to any investments or other property for the time being representing any such moneys, as if they constituted a trust fund and the Council were the trustees of that trust fund.
Returns
11
1
For the purposes of the imposition or recovery of their charges, the Council may from time to time require by notice in writing any person carrying on business in the industry to furnish to the Council a written return, in such form, within such period and showing such information as may be specified in the notice, or to produce for examination at such time as may be specified in the notice, books or other documents or records in the custody or under the control of that person, or to keep records and produce them for examination as aforesaid.
2
The Council shall ensure that the returns to be furnished in accordance with the provisions of article 8 or the returns to be furnished or the books or other documents or other records to be produced in accordance with the provisions of this article shall be examined only by the independent members of the Council or by officers of the Council specially authorised in that behalf by the Council.
3
A person who uses in his business what he claims to be a secret process that ought not to be disclosed on the ground of risk of prejudice to his business shall not be required by anything in this article or in article 8 to disclose particulars relating to the process unless the requirement and the form thereof have been approved by the Ministers after consideration of his claim.
4
In this article, “person carrying on business in the industry” includes any person carrying on any business consisting wholly or partly in the production of, or dealing in, any of the materials of the industry.
Offences and penalties
12
1
If any producer carries on his business in the industry after the expiration of the period within which he is required by article 7(1) to apply to be registered without having so applied he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person required to furnish returns of information or to keep records or to produce for examination books or other documents or records under this Order fails to furnish, keep or produce them in accordance with the requirement he shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If any person required to give notice under article 6(6) fails to do so he shall, unless either —
a
he has a reasonable excuse, or
b
he is a recipient of notice given under article 6(3) and can prove that he was not a producer at the time of coming into force of this Order,
be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If any person knowingly or recklessly makes any statement, in compliance with a requirement under the provisions of article 8 or 11, which is false in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
4th February 1995
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
2nd February 1995
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
6th February 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of amounts specified in the principal Regulations
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) the subject matter of which is indicated in column (2)), there shall be substituted the amount specified in relation to it in column (4).
Amendment of regulation 8 of the principal Regulations
3
1
Regulation 8 of the principal Regulations (pre-payment certificates) shall be amended as follows.
2
For paragraph (6) there shall be substituted the following paragraph —
6
Where payment of a prescribed sum has been made under this regulation and, not more than one month after the date of which his pre-payment certificate became valid, the person in respect of whom payment was made —
a
becomes a person to whom any of the provisions of regulations 6(1)(b) to (f) applies; or
b
becomes a person entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations; or
c
dies; or
d
becomes resident in a hospital and thereafter either —
i
dies while resident in hospital before the expiry of the pre-payment certificate; or
ii
remains in hospital until the expiry of the pre-payment certificate,
an application for repayment of that sum may be made, by or on behalf of that person or his estate, in accordance with paragraphs (7) and (8).
.
3
After paragraph (7) there shall be inserted the following paragraph —
8
An application under paragraph (6) shall be made —
a
in a case falling within paragraph (6)(a), (b) or (c), not more than four months after the date on which the pre-payment certificate became valid;
b
in a case falling within paragraph (6)(d)(i), not more than three months after the date of death; or
c
in a case falling within paragraph (6)(d)(ii), not more than three months after the date on which the pre-payment certificate expired.
.
Transitional provisions
4
Where, on or after 1st April 1995 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 2 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
8th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Valuation for Rating (Former Enterprise Zones) Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations —
“ 1988 Act ” means the Local Government Finance Act 1988;
“enterprise zone” means an area so designated under paragraph 5(1) of Schedule 32 to the Local Government, Planning and Land Act 1980 and “former enterprise zone” means an area which has ceased to be so designated since a date on or after the relevant day;
“list” means a central non–domestic rating list or a local non–domestic rating list; and
“relevant day” means the day by reference to which a rateable value is to be determined in accordance with paragraph 2(3) of Schedule 6 to the 1988 Act.
Hereditaments wholly or partly within a former enterprise zone
2
Where the rateable value of a hereditament situated wholly or partly in a former enterprise zone is to be entered in a list, or the rateable value shown in a list for such a hereditament is to be altered, it shall be assumed, in applying paragraph 2(1) to (7) of Schedule 6 to the 1988 Act in relation to so much of the hereditament as is situated in the former enterprise zone, that on the relevant day no area had been designated as an enterprise zone.
Revocations
3
The Valuation for Rating (Former Enterprise Zones) Regulations 1991 and the Valuation for Rating (Former Enterprise Zones) (Amendment) Regulations 1992 are hereby revoked.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
30th January 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th January 1995