text:
Citation and Commencement
1
These Regulations may be cited as the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995 and shall come into force on 28th November 1995.
Interpretation
2
1
In these Regulations —
“eligible person” means a person entitled to compensation under these Regulations;
“prescribed period” means —
in Wales, the period from 4 May 1995 to 30 September 1997;
in the Isle of Wight, the period from 1 April 1995 to 30 September 1996; and
in any other local government area in England to which an order made under section 17 of the 1992 Act applies, a period commencing with the date provided for in that order for an election to a unitary authority or authorities established by that order, and ending on a date eighteen months after that reorganisation date;
“registration officer” means any superintendent registrar and registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act;
“relevant compensation period” means any period of 36 months beginning on the date on which an eligible person suffers a reduction or further reduction in remuneration to which regulation 3 applies;
“relevant contract” means a contract under which a person works for another whether under a contract of service or apprenticeship or otherwise, but does not include a contract for services;
“relevant employment” means employment under a relevant contract (or an office held by virtue of such employment) —
in England with a district council or county council which is the subject of a structural change or boundary change under an order made under section 17 of the 1992 Act;
in Wales —
with a district council, county council, or joint board which ceases to exist by virtue of the 1994 Act ; or
with the Residuary Body for Wales, a county borough council or a county council established under the 1994 Act,
and “relevant employer” is to be construed accordingly;
“remuneration” means —
all the salary, wages, fees calculated as in paragraph (b) below and other payments made to an eligible person by an employer for his own use and the money value of any accommodation, vehicle or other allowances in kind arising from his employment so far as they are for that person’s private use, but shall not include —
any payment in respect of non contractual overtime, or non contractual bonus,
any payment made in consequence of the undertaking of additional duties attributable, in England, to an order made under section 17 of the 1992 Act, or, in Wales, to any provision made by or under the 1994 Act,
any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,
any travelling or subsistence allowance, or other moneys to be spent, or to cover expenses incurred by him for the purposes of his employment,
any payment as compensation for loss of holiday entitlement,
any payment in lieu of notice terminating his employment,
any compensation payable to him under these Regulations;
for the purposes of paragraph (a) above, fees shall be calculated by dividing by five the total earned during the period of five years ending with the date on which the entitlement to compensation under these Regulations arises or, where the relevant employment (or office held by virtue of that employment) subsists for a shorter period, by dividing the total earned by a factor equal to the length in years and parts of a year of that employment (or office);
“reorganisation date” means —
in England, the date on which a structural change or a boundary change (or both) takes effect, and
in Wales, 1st April 1996;
“the 1953 Act” means the Registration Service Act 1953 ;
“the 1992 Act” means the Local Government Act 1992 ;
“the 1994 Act” means the Local Government (Wales) Act 1994 .
2
For the purposes of these Regulations, any registration officer shall be deemed to be an officer in employment under a relevant contract with the county council or county borough council which made the scheme under section 14 of the 1953 Act for the district of sub-district in or for which the registration officer holds office and any reference in these Regulations —
a
to “employment”, “employer” or “employed” shall be construed accordingly; and
b
to a “contract of employment” or “contract” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.
Persons to whom these Regulations apply
3
1
Subject to regulation 4, any person falling within the cases specified in paragraphs (2) to (4) below is entitled to compensation under these Regulations.
2
This paragraph applies to a person —
a
whose relevant employment terminates on a date falling within the prescribed period (the “former employment”);
b
who, since the termination of his former employment has not been in alternative employment and who returns within the prescribed period to relevant employment (the “new employment”) —
i
in England, with a relevant employer affected by a structural change or boundary change under the same section 17 order as that by which his former relevant employer was affected, or
ii
in Wales, with any relevant employer established under the 1994 Act;
c
whose commencing annual rate of remuneration in his new employment is lower than the annual rate he was paid at the termination of his former employment; and
d
who satisfies the qualifying condition mentioned in paragraph (5) below.
3
This paragraph applies to a person to whom paragraph (2) does not apply, but who —
a
was in relevant employment —
i
in England at the beginning of the prescribed period, who continues in that employment and whose annual rate of remuneration is reduced during that period, or
ii
in England and Wales at the beginning of the prescribed period whose relevant contract is transferred by an order made under the 1992 Act, by virtue of any provision made by or under the 1994 Act, or otherwise by operation of law, and whose annual rate of remuneration is reduced by the relevant employer to whom that contract is transferred, and
b
who satisfies the qualifying condition mentioned in paragraph (5) below.
4
This paragraph applies to a person to whom either paragraph (2) or (3) above has applied, who suffers a further reduction in remuneration during the prescribed period whilst in relevant employment and who satisfies the qualifying condition mentioned in paragraph (5) below.
5
For the purposes of paragraphs (2) to (4) above, a person satisfies the qualifying condition where the reduction in his remuneration is attributable —
a
in England to an order made under section 17 of the 1992 Act, and
b
in Wales to any provision made by or under the 1994 Act.
4
A person shall not be entitled to compensation under these Regulations if —
a
he is a teacher subject to the Teachers Superannuation (Consolidation) Regulations 1988 ;
b
he is aged 65 or over on the date on which the relevant compensation period commences;
c
he is entitled to compensation under the Local Government (Compensation for Premature Retirement) Regulations 1982 ;
d
he is entitled to compensation under Part II or III of the Local Government (Compensation for Redundancy) Regulations 1994 , or Part VI of the Employment Protection (Consolidation) Act 1978 ;
e
he is entitled to the immediate payment of benefits under the Local Government Pension Scheme Regulations 1995 , or under the statutory instruments revoked by those Regulations;
f
section 43(4) of the 1994 Act applies to him;
g
he was not in relevant employment on a date falling twelve months before the reorganisation date;
h
he can be required by his employer in accordance with his contract of employment to work variable hours and his reduction in remuneration is solely attributable to his employer requiring him to work fewer hours.
Amount of Compensation in respect of loss or diminution of remuneration
5
1
A relevant employer shall pay an eligible person an amount by way of compensation equal to three times the difference —
a
in a case to which regulation 3(2) applies, between the annual rate of remuneration at the termination of his former employment and the commencing annual rate of remuneration of his new employment; or
b
in a case to which regulation 3(3) applies, between the annual rate of remuneration before and after the reduction in question; or
c
in a case to which regulation 3(4) applies, between the annual rate of remuneration before and after the further reduction in question.
2
The amount of any compensation payable in accordance with paragraph (1) above shall be recalcuated on each occasion during the relevant compensation period when the annual rate of remuneration for the relevant employment is increased and shall cease to be payable at any time during which the annual rate of remuneration for the new employment equals or exceeds that for the former employment or, as the case may be, the rate before the reduction or further reduction in question.
3
The relevant employer shall calculate the amount of any compensation payable in accordance with paragraph (1) and any change in the compensation payable in accordance with paragraph (2).
4
Any change in the amount of any compensation payable in accordance with paragraph (2) above shall not affect the entitlement to any instalment payable before that date.
Payment of Compensation
6
1
Subject to regulations 5(2) to (4) and regulation 8 the amount of compensation payable to an eligible person shall be paid in 36 monthly instalments of which the first shall be paid as soon as practicable after the initial calculation under regulation 5(3).
2
A relevant employer may during a relevant compensation period at such intervals as it thinks fit make interim payments, or payments on account of any instalment of compensation to which an eligible person has become entitled under these Regulations before a calculation is made under regulation 5(3).
3
If the total of any instalments paid to an eligible person under paragraph (1) above exceeds or falls short of the total amount of compensation to which a person is entitled at the end of the relevant compensation period, the excess or shortfall is to be repaid by the eligible person, or as the case may be, paid by the relevant employer at the end of that period.
4
If at any time during the relevant compensation period an eligible person ceases to be employed by one relevant employer and becomes employed by another, that person shall inform his new employer in writing of his entitlement to compensation under these Regulations and the new employer shall, subject to regulations 5(2) to (4) and regulation 8, be liable to pay any remaining instalments of compensation required to be paid in accordance with regulation 5 and paragraphs (1) to (3) above.
Notification of Compensation
7
1
A relevant employer shall, after making the necessary calculation in accordance with regulation 5(3), give an eligible person written notice of the amount of compensation payable in accordance with these Regulations.
2
Written notice shall be given in accordance with paragraph (1) above not later than the expiry of three months from —
a
the date on which the relevant compensation period commences,
b
the date on which these Regulations come into force, whichever of those dates is the later.
Cessation of Relevant Employment
8
1
If an eligible person —
a
ceases to be employed in relevant employment in the circumstances mentioned in paragraph (2) below,
b
reaches the age of 65 during the relevant compensation period, or
c
dies,
he shall cease to be entitled to any instalments of compensation payable after that event.
2
The circumstances mentioned in paragraph (1) are that before the expiry of the compensation period an eligible person —
a
becomes entitled to compensation under the Local Government (Compensation for Premature Retirement) Regulations 1982;
b
becomes entitled to compensation under Part II or III of the Local Government (Compensation for Redundancy) Regulations 1994 or Part VI of the Employment Protection (Consolidation) Act 1978;
c
becomes entitled to the immediate payment of benefits under the Local Government Pension Scheme Regulations 1995; or
d
voluntarily resigns from his employment or is dismissed by his employer.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
3rd November 1995


type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1995.
2
This Order shall come into force for the purposes of —
a
articles 1, 2, 22 and 24 on 1st April 1995;
b
article 9 on 6th April 1995;
c
article 10 on 2nd April 1995;
d
articles 3 to 8, 11, 12, and 13 on 10th April 1995;
e
articles 14 and 15 on 13th April 1995 immediately after the coming into force of, respectively, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 ;
f
articles 16, 17 and 23 on 11th April 1995;
g
articles 18, 19 and 20, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 1995, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
article 21(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 10th April 1995;
i
except in a case to which sub-paragraph (h) applies, article 21, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd April 1995, and in relation to any other case, on 1st April 1995.
3
The increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case on the date specified in relation to that case in article 6 of the Order.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 2.2 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £55.25 there shall be substituted the sum of £56.45; and
b
for the sum of £57.60 there shall be substituted the sum of £58.85.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1994/95;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 or section 63 of the Social Security Act 1986 ,
shall in each case be increased by 2.2 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3)), shall be increased by 2.2 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987/88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraph (10) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 10th April 1995.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit or short-term incapacity benefit falls to be calculated in accordance with sections 25(5) or 30B(3) of the Contributions and Benefits Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and Category B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 13th April 1995.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 10th April 1995.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 10th April 1995.
6
The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 12th April 1995.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 50(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance to which he was previously entitled the increase in the sum specified in paragraph 3 of Part I of Schedule 4 to the Contributions and Benefits Act for the appropriate rate of invalidity allowance shall take effect on 10th April 1995.
8
The increases in the sums specified for the rate of unemployment benefit, incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependents) shall take effect in all cases on 13th April 1995.
9
The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 12th April 1995.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £34.50 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 1995 for that sum in paragraph 2(6)(c), and from and including 13th April 1995 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £35.25.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £125 and the sums specified in paragraph (b) are £16 and £125 respectively.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) the sum specified is £52.50.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) the sum specified is £52.50.
Increase in rate of graduated retirement benefit and increments thereof
11
1
In the National Insurance Act 1965 the sum of 7.48 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 2.2 per cent.; and from and including 10th April 1995 the reference in that provision to that sum shall have effect as a reference to 7.64 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 2.2 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £45.70 there shall be substituted the sum of £46.70;
b
in sub-paragraph (b) of paragraph (1), for the sum of £30.55 there shall be substituted the sum of £31.20;
c
in sub-paragraph (c) of paragraph (1), for the sum of £12.15 there shall be substituted the sum of £12.40;
d
in sub-paragraph (a) of paragraph (2), for the sum of £31.95 there shall be substituted the sum of £32.65; and
e
in sub-paragraph (b) of paragraph (2), for the sum of £12.15 there shall be substituted the sum of £12.40.
Sum specified for child benefit
13
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £10.20 there shall be substituted the sum of £10.40;
b
in sub-paragraph (b) of paragraph (1), for the sum of £8.25 there shall be substituted the sum of £8.45; and
c
in paragraph (2), for the sum of £6.15 there shall be substituted the sum of £6.30.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in paragraph (2) of regulation 10 —
a
in sub-paragraph (a), for the sum of £12.15 there shall be substituted the sum of £12.40; and
b
in sub-paragraph (b), for the sum of £6.10 there shall be substituted the sum of £6.20.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in paragraph (2) of regulation 18 —
a
in sub-paragraph (a), for the sum of £12.15 there shall be substituted the sum of £12.40;
b
in sub-paragraph (b), for the sum of £7.60 there shall be substituted the sum of £7.80; and
c
in sub-paragraph (c), for the sum of £3.80 there shall be substituted the sum of £3.90.
PART III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
16
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47 (applicable amount), for the sum of £71.70 there shall be substituted the sum of £73.00;
d
in paragraph 19(b) of Schedule 2 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20; and
e
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.
Disability Working Allowance
17
In the Disability Working Allowance Regulations —
a
in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount) —
i
in sub-paragraph (a), for the sum of £43.00 there shall be substituted the sum of £54.75;
ii
in sub-paragraph (b), for the sum of £71.70 there shall be substituted the sum of £73.00; and
d
in paragraph 19(b) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20; and
e
in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.
Applicable amounts for Income Support
18
1
As from 10th April 1995 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and those paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this Order.
6
In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £25.00, there shall be substituted the sum of £30.00; and
b
in sub-paragraph (b) the sum specified is £5.00.
7
In paragraph 11(2) of Schedule 3 (non-dependant deductions) —
a
in sub-paragraph (i) for the sum of £72.00 there shall be substituted the sum of £74.00;
b
in sub-paragraph (ii) for the sums £72.00, £108.00 and £9.00 there shall be substituted the sums £74.00, £111.00 and £10.00 respectively; and
c
in sub-paragraph (iii) for the sums £108.00, £139.00 and £13.00 there shall be substituted the sums £111.00, £145.00 and £14.00 respectively.
8
In paragraph 6(2) of Schedule 4, for the sum of £224.00 there shall be substituted the sum of £227.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.
9
Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.
11
Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
12
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
13
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20.
Income Support Transitional Protection
19
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 1.8 per cent. of the amount apart from this Order.
The Relevant Sum for Income Support
20
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £25.00.
Applicable amounts for Housing Benefit
21
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.40 there shall be substituted the sum of £14.70 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.50 there shall be substituted the sum of £11.75 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £28.80 there shall be substituted the sum of £29.40.
4
In regulation 63(1) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £25.00, there shall be substituted the sum of £30.00; and
b
in sub-paragraph (b) the sum specified is £5.00.
5
In regulation 63(2) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £72.00 there shall be substituted the sum of £74.00; and
b
in sub-paragraph (b) for the sums £72.00, £108.00 and £9.00 there shall be substituted the sums £74.00, £111.00 and £10.00 respectively; and
c
in sub-paragraph (c) for the sums £108.00, £139.00 and £13.00 there shall be substituted the sums £111.00, £145.00 and £14.00 respectively.
6
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £16.30, £16.30, £8.25, £10.80, £10.80, £5.45 and £1.95 there shall be substituted the sums £16.60, £16.60, £8.40, £11.00, £11.00, £5.55 and £2.00 respectively.
7
In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £9.20, £1.10, £0.75 and £1.10 respectively.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.
11
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20.
Applicable amounts for Council Tax Benefit
22
1
As from 1st April 1995 the sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of, or Schedules to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.40 there shall be substituted the sum of £14.70 in each case;
b
in sub-paragraphs (c)(i), and (d)(i), for the sum of £11.50 there shall be substituted the sum of £11.75 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £28.80 there shall be substituted the sum of £29.40.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a), the sum specified is £2.30;
b
in paragraph 1(b), the sum specified is £1.15; and
c
in paragraph (2), for the sum of £108.00 there shall be substituted the sum of £111.00.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) for the sum of £10.05 there shall be substituted the sum of £10.25.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.
8
In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £108.00, £108.00 and £139.00, there shall be substituted the sums £111.00, £111.00 and £145.00 respectively .
9
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for the sum of £8.60 there shall be substituted the sum of £9.20.
PART IV
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional Provisions
23
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 16 and 17 of this Order, where a period of entitlement to family credit or disability working allowance is running at 11th April 1995, the rate at which it is payable shall be the weekly rate in force for the period prior to 11th April 1995 until the end of the period of entitlement.
Revocations
24
The Social Security Benefits Up-rating Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st March 1995
We consent,
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1995


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995 and shall come into force on 7th August 1995.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who are in the final year of the first key stage.
3
This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in England .
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1993 and the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (Amendment) Order 1994 shall be revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993;
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to that expression by section 25(1) of the Education Reform Act 1988;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means (except in article 7) specified in relation to the first key stage by a section 4(2)(a) and (b) order;
“spring term” and “summer term” mean respectively the second and third terms in a school year (as defined in section 3(6) of the Education Reform Act 1988 ); and
references to the first key stage are, subject to the operation of section 3(4) to (6) of the Education Reform Act 1988, references to the period set out in paragraph (a) of section 3(3) of that Act ; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, except where article 9(3) applies, in the subject as calculated in accordance with article 8.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the first key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article (9)(3) applies, of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil, including assessments by means of standard tasks, whether or not the previous assessments were made by that teacher.
Standard task assessment: English and mathematics
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in English and mathematics in accordance with the provisions of this article, and such an assessment shall be known as a “standard task assessment”.
2
Standard tasks for which provision is made by the Secretary of State pursuant to article 11 shall be administered to the pupil during the period comprising the spring term and the summer term (except the last four weeks thereof) in accordance with the provisions of the document in which they are published.
3
An assessment based on the pupil’s performance in each standard task shall be made, and the result thereof recorded, not later than four weeks before the end of the summer term.
4
Subject to paragraph (5) the record of the results shall consist of a statement of the pupil’s level of attainment in each relevant AT or, if the document in which the standard tasks are published so requires, a statement of the pupil’s level of attainment in the subject determined in accordance with the provisions of that document or, if that document so requires, both such statements.
5
Where in the case of English at least one relevant AT does not apply in relation to a pupil, or the pupil has not completed a standard task and paragraph (7) does not apply, no record of the pupil’s level of attainment in that subject shall be determined.
6
In paragraphs (4) and (5) “relevant AT” means any AT in which the standard tasks enable achievement to be assessed.
7
Where a pupil is unable to complete a standard task due to his absence from school (whether because of illness or for any other reason), if in the opinion of his head teacher he has done sufficient work on the standard task to enable an assessment of his level of attainment in any AT to be made, any such assessment shall be treated as an assessment made in pursuance of this article.
Verification of assessments
6
1
This article makes provision for the verification of standard task assessments by the local education authority (in the case of schools which they maintain) and the Authority (in the case of grant-maintained and grant-maintained special schools) and the substitution for levels of attainment determined by such assessments of levels determined by them, and in this article each authority is referred to as “the verifying authority”.
2
In the case of schools maintained by a local education authority, that authority shall exercise the functions conferred by this article in relation to each such school and each of English and mathematics.
3
On request by the verifying authority the head teacher shall provide them with the results of standard task assessments of such number or proportion of pupils, and in such subjects or attainment targets of subjects as they may require, together with the supporting material referred to in paragraph (4), to enable the verifying authority to verify the assessments.
4
The supporting material consists of the pupil’s written response to the standard tasks and such further material as the verifying authority may reasonably require.
5
If after such verification the verifying authority consider that the results of the assessments are accurate, they shall so notify the head teacher, and the levels of all pupils at the school determined by standard task assessments (whether or not verified) shall be the levels for the subject in question.
6
If after such verification the verifying authority consider that some of the results are inaccurate, they shall so notify the head teacher and, if they so request, the head teacher shall as soon as practicable —
a
arrange for the results considered to be inaccurate, together with such other results as the authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the authority for verification; and
b
provide the authority with the results of the assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (4), for verification.
7
Where any level of attainment determined by the verifying authority differs from the level determined by a standard task assessment, the level determined by the authority after verification shall be the level of attainment.
8
It shall be the duty of the head teacher and the governing body —
a
to permit the verifying authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this order;
b
to permit the verifying authority to inspect and take copies of documents and other articles relating to standard task assessment; and
c
to provide to the verifying authority such information relating to such assessment as they may reasonably request.
9
For the purpose of exercising their functions under this article the local education authority shall appoint such competent persons as they think fit.
10
A person is not competent for the purposes of paragraph (9) unless he has recent experience of the provision of the National Curriculum in primary schools.
Further Assessment: English and mathematics
7
1
Where in the opinion of his head teacher a pupil’s level of attainment in English or mathematics would, if the pupil were assessed by the administration to him of the NC tests for that subject laid down for the purposes of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 , be level 4 or higher, it shall be the duty of the head teacher to make arrangements for the pupil to be assessed in that subject by the administration to him of those tests at such time as is specified by the Secretary of State pursuant to article 11; and article 5(2)(a) and (3) of that Order shall apply in relation to that pupil accordingly.
2
In this article “NC tests” has the meaning assigned to that expression by article 3(1) of that Order.
Determination of attainment by subject: teacher assessment
8
1
Subject to article 9, the provisions of this article regulate the aggregation of AT levels of attainment determined in accordance with article 4 to calculate subject levels of attainment.
2
In the case of English, a pupil’s level of attainment in the subject shall be the average of his levels in each AT.
3
In the case of mathematics, a pupil’s level of attainment in the subject shall be the average of his levels in each AT but with his level in AT2 (number and algebra) weighted by a factor of two.
4
In the case of science, a pupil’s level of attainment shall be the average of his levels in each AT but with his level in AT1 (experimental and investigative science) weighted by a factor of three.
Pupils not subject to provisions of the National Curriculum
9
1
Article 8 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where in the case of any core subject one AT does not apply to such a pupil, article 8 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one AT in a core subject does not apply to such a pupil, article 8 shall not apply to him in relation to that subject.
Evaluation of Assessment Arrangements
10
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 9 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
11
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988) as appear to her to be expedient, including in particular provisions as to standard tasks for the purpose of assessing pupils' levels of attainment in any AT or core subject and as to the time when and the manner in which they are to be administered.
Lord Henley
Minister of State,
Department for Education and Employment
1st August 1995


text:
Citation and commencement
1
This Order may be cited as the South Wales Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
2
The combination scheme set out in the Schedule to this Order, which shall be known as the South Wales Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
10th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norwich Community Health Partnership National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the East Norfolk Health Authority;
“the Trust” means the Norwich Community Health Partnership 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 18th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th July 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
8th June 1995


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Azerbaijan) Order 1995.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Azerbaijan with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Azerbaijan;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Azerbaijan concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1995 and shall come into force on 9th March 1995.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Habitats
2
In article 3(1) of the 1988 Order (permitted development), after “Subject to the provisions of this order” insert “and regulations 60 to 63 of the Conservation (Natural Habitats, &c.) Regulations 1994 ”.
Flats above shops etc.
3
1
In article 1(2) of the 1988 Order (interpretation), in the definition of “flat”, after “constructed” insert “or adapted”.
2
At the end of Part 3 of Schedule 2 to the 1988 Order (changes of use), insert —
Class F Permitted development
F
Development consisting of a change of the use of a building —
a
to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule;
b
to a mixed use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule;
c
where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (financial and professional services) of that Schedule.
Condition
F.1
Development permitted by Class F is subject to the following conditions —
a
some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat;
b
where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat;
c
the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence) —
i
by a single person or by people living together as a family, or
ii
by not more than six residents living together as a single household (including a household where care is provided for residents).
Interpretation of Class F
F.2
For the purposes of Class F —
“care” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.
Class G
G
Development consisting of a change of the use of a building —
a
to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat;
b
to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat;
c
where that building has a display window at ground floor level, to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (financial and professional services) of that Schedule and as a single flat.
Development not permitted
G.1
Development is not permitted by Class G unless the part of the building used as a single flat was immediately prior to being so used used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order.
.
Special industrial uses
4
In paragraph D.1 of Part 6 of Schedule 2 to the 1988 Order (agricultural buildings and operations), in the definition of “protected building”, omit paragraph (ii).
Schools, colleges, universities and hospitals
5
After Part 31 of Schedule 2 to the 1988 Order (demolition of buildings), insert —
PART 32
SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS
Class A Permitted development
A
The erection on the site of any school, college, university or hospital of any building required for use as part of, or for a purpose incidental to the use of, the school, college, university or hospital as such, as the case may be.
Development not permitted
A.1
Development is not permitted by Class A —
a
unless —
i
in the case of school, college or university buildings, the predominant use of the existing buildings on the site is for the provision of education; or
ii
in the case of hospital buildings, the predominant use of the existing buildings on the site is for the provision of any medical or health services;
b
where the cumulative total floor space of any buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 10% of the total floor space of the original school, college, university or hospital buildings on that site;
c
where the cumulative total cubic content of buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 250 cubic metres;
d
where any part of a building erected would be within 20 metres of the boundary of the site;
e
where, as a result of the development, any land used as a playing field immediately before the development took place could no longer be so used.
Condition
A.2
Development is permitted by Class A subject to the condition that, in the case of any article 1(5) land, any materials used shall be of a similar appearance to those used for the original school, college, university or hospital buildings.
Interpretation of Class A
A.3
For the purposes of Class A —
“cumulative total floor space” or “cumulative total cubic content”, as the case may be, of buildings erected, includes the total floor space or total cubic content of any existing buildings, previously erected at any time under Class A; and
“original school, college, university or hospital buildings” means any school, college, university or hospital buildings, as the case may be, other than any buildings erected at any time under Class A.
.
Signed by authority of the Secretary of State for the Environment
Ullswater
Minister of State,
Department of the Environment
8th February 1995
John Redwood
Secretary of State for Wales
9th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1995 and shall come into force on 30th March 1995.
2
In this Order “the principal Order ” means the Education (London Residuary Body) (Property Transfer) Order 1992 .
Modification of effect and amendment of the principal Order
2
At the end of article 4(5) of the principal Order (which imposes a condition that certain land marked with an asterisk in Schedule 3 to that Order should be brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st April 1995) there shall be inserted —
except in the case of the former Pritchard’s Road Primary School, Pritchard’s Road, E2 and 60, 68, 70, 72, 74, 76 and 82, Pritchard’s Road, E2, which land is to be so brought into use by 1st April 1996
.
3
In article 4(7) of the principal Order (which imposes a condition that the former Wandsworth Boys' Secondary School, Sutherland Grove, SW18 should be brought into use by the Council of the London Borough of Wandsworth as the site for a new school established under section 12 or 13 of the Education Act 1980 or as the site for a school transferring to that site under section 16 of the Education Act 1944 by 1st April 1995) for “1st April 1995” there shall be substituted “1st September 1997”.
4
1
Article 4(8) of the principal Order (which imposes a condition that the former Eltringham School Site, SW18 should be brought into use by the Council of the London Borough of Wandsworth as a transport depot for the purposes of the said Council’s duties under section 55(1) of the Education Act 1944 ) shall cease to apply in relation to the land shaded red and the land shaded blue on the plan number BE/PAC/P118, dated January 1994 and described as “Plan referred to in Article 4 of the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1995”.
2
In article 4(8) of the principal Order, in so far as it continues to have effect, for “1995” there shall be substituted “1996”.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education
8th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the Leicestershire Health Authority;
“the Trust” means the Leicestershire Ambulance and Paramedic 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 6th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th July 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
7th June 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Redbridge) Red Route (Clearway) Traffic Order 1995, and shall come into force on 25th September 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 clearway” 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 paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) 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 amy 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) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (beilng an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) 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) 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) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Prescribed Routes) Order 1989 [Article 6 only] is hereby revovked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Precribed Routes) order 1989 [Article 6 only] 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
22nd September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Chargeable Amounts) (Amendment No. 3) Regulations 1995 and shall come into force on the day after the day on which they are made.
Amendment of the 1994 Regulations for 1996 — 97
2
The Non-Domestic Rating (Chargeable Amounts) Regulations 1994 shall have effect as respects the financial year beginning in 1996 as if —
a
in regulation 8(2)(a), for “110” there were substituted “107.5”;
b
in regulation 8(2)(b), for “107.5” there were substituted “105”;
c
in regulation 8(2)(c), for “105” there were substituted “102.5”;
d
in regulation 23(2)(a), for “110” there were substituted “107.5”;
e
in regulation 31(2)(a), for “110” there were substituted “107.5”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
19th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Llandough Hospital National Health Service Trust (Change of Name) Order 1995 and shall come into force on 1st April 1995.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Llandough Hospital National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service Trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Llandough Hospital and Community National Health Service Trust and accordingly in the definition of “the trust” in article 1(2) of the Order and in article 2 of the Order the words “and Community” shall be inserted after the word “Hospital”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
John Redwood
Secretary of State for Wales
21st March 1995


text:
Title and commencement
1
These Regulations may be cited as the Food (Miscellaneous Revocations and Amendments) Regulations 1995 and shall come into force on 1st January 1996.
Revocations
2
1
Subject to paragraph (2) below, the Orders and Regulations specified in column 1 and 2 of the Schedule to these Regulations are hereby revoked to the extent specified in relation thereto in column 3 of that Schedule.
2
Insofar as any provision revoked by paragraph (1) above has effect in Northern Ireland, the revocation of that provision shall not extend to Northern Ireland.
Amendments
3
In regulation 2(1) of the Cocoa and Chocolate Products Regulations 1976 and regulation 2(1) of the Cocoa and Chocolate Products (Scotland) Regulations 1976 for the definition of“ice cream” there shall be substituted the following —
“ice cream” means food corresponding to the description “ice cream” in Schedule 8 to the Food Labelling Regulations 1995;
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th December 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
14th December 1995
Signed by the authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
18th December 1995
Lindsay
Parliamentary Under Secretary of State,
Scottish Office
12th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Tradepoint) Regulations 1995 and shall come into force on 25th August 1995.
Interpretation
2
In these Regulations unless the context otherwise requires —
“Board of directors” means the Board of directors of Tradepoint;
“clearing participant” means a member (as defined by this regulation) who is also a member of The London Clearing House Limited and who as such is permitted by the Board of directors and that clearing house to clear transactions made on the Exchange for a traded security;
“client” means a person who gives instructions to a participant for equity securities to be purchased or, as the case may be, sold on the Exchange;
“equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued or raised by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company, or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“the Exchange” means Tradepoint Investment Exchange;
“member” in relation to Tradepoint means a person approved by the Board of directors as a participant;
“nominee” means a person whose business is or includes holding equity securities as a nominee for The London Clearing House Limited acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange, or as a nominee for a clearing participant (as the case may be);
“non-clearing participant” means a participant other than a clearing participant;
“participant” means a participant in the Exchange;
“section 117” means section 117 of the Finance Act 1991;
“Tradepoint” means Tradepoint Financial Networks plc.
Prescribed persons for the purposes of section 117
3
For the purposes of section 117 —
a
The London Clearing House Limited is a recognised clearing house which is prescribed;
b
Tradepoint is a recognised investment exchange which is prescribed and, in relation to that exchange, a member who is a clearing participant is prescribed as a description of member of that exchange.
Prescribed circumstances for the purposes of section 117
4
1
In the circumstances prescribed by paragraph (2) below, a charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Exchange —
a
equity securities of a particular kind are agreed to be transferred —
i
from a clearing participant or a nominee of a clearing participant to another clearing participant or nominee, or
ii
from a non-clearing participant or a client to a clearing participant or a nominee of a clearing participant, or
iii
from a clearing participant or a nominee of a clearing participant to The London Clearing House Limited or to a nominee of that clearing house, or
iv
from a person other than a clearing participant to The London Clearing House Limited or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer equity securities to The London Clearing House Limited or to a nominee of that clearing house, or
v
from The London Clearing House Limited or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant; and
b
the person to whom those securities are agreed to be transferred under any of the agreements specified in sub-paragraph (a) above (“the relevant agreement”) is required on receipt of those shares to transfer equity securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (iv) of that sub-paragraph, would have been so required if the failure referred to in that paragraph had not occurred.
3
In paragraph (2) above —
a
“matching agreement” means an agreement under which —
i
the equity securities agreed to be transferred are of the same kind as the equity securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the equity securities agreed to be transferred are identical to the number and transfer price of the equity securities agreed to be transferred under the relevant agreement;
b
references to The London Clearing House Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Exchange;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Equity securities which are the subject of an agreement specified in regulation 4(2)(a) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) above “designated account” means an account designated by The London Clearing House Limited for a clearing participant in connection with the equity securities concerned.
David Willetts
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
1st August 1995


text:
Citation and commencement
1
This Order may be cited as the Forge Lane, Horbury Level Crossing Order 1995 and shall come into force on 20th November 1995.
Interpretation
2
In this Order, unless the context otherwise requires —
“authorised works” means the new level crossing and any other works authorised by this Order;
“maintenance” includes inspection, repair, adjustment, alteration, removal, reconstruction and replacement and “maintain” shall be construed accordingly;
“the Council” means Wakefield Metropolitan District Council;
“the existing level crossing” means the level crossing where the existing railway crosses the highway at Ordnance Survey reference points 430722.637 East and 417876.015 North;
“the existing railway” means the railway between the Bombardier Prorail factory and the Railtrack main line as shown on the works plan;
“the highway” means Forge Lane in the Parish of Horbury in the Metropolitan District of Wakefield in the County of West Yorkshire;
“the level crossings” means the existing level crossing and the new level crossing;
“the new level crossing” means the new level crossing where the new railway crosses the highway at the reference points 430675.467 East and 417874.015 North;
“the new railway” means 112 metres or thereabouts of new railway constructed or to be constructed between the existing railway and the Bombardier Prorail factory as shown on the works plan;
“the railways” means the existing railway and the new railway;
“the undertaker” means Bombardier Prorail Limited whose registered office is at Horbury, Wakefield, West Yorkshire, England, WF4 5QH;
“the undertaker’s railway” means so much of the railways as lies within the undertaker’s factory premises and extends across the highway to a junction with the railway of Railtrack plc as shown on the works plan;
“the works plan” means the plan prepared in connection with the application for this Order and marked by The Secretary of State as “the works plan” for the purposes of this Order.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order: —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 145 (recovery of penalties); and
section 154 (transient offenders).
In those provisions, as incorporated in this Order —
“the company” means the undertaker;
“railway” in relation to any such provision, means the new railway where it crosses the highway;
“the special Act ” means this Order.
Power to construct and maintain the new level crossing
4
1
The undertaker may construct and maintain the new level crossing.
2
The new level crossing shall be constructed in the lines or situations shown on the works plan.
3
Subject to paragraph (5) below, the undertaker may carry out and maintain works to alter the position of apparatus, including mains, sewers, drains and cables, as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction of the new level crossing.
4
Subject to paragraph (5) below, the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the new level crossing.
5
Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works outside the lines or situations of the new level crossing.
Power to execute street works
5
1
The undertaker may, for the purposes of the authorised works, enter upon so much of the highway as is shown on the works plan and may —
a
place apparatus in it,
b
maintain apparatus in the highway or change the position of such apparatus, and
c
execute any works required for or incidental to any works referred to in subparagraphs (a) and (b) above (including, in particular, breaking up or opening the highway).
2
In this article “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991 .
Temporary alteration of Forge Lane
6
1
The undertaker, during and for the purposes of the execution of the authorised works, may temporarily alter the highway and may for any reasonable time —
a
redirect the traffic along the highway, and
b
subject to paragraphs (2) and (3) below, control the passage of all persons passing along the highway.
2
The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on to the highway if there otherwise would be no such access.
3
The authorised works shall be undertaken in such a manner that no more than half the width of the highway is obstructed to traffic at any one time, and that traffic in both directions is able to continue on the remaining part of the highway.
Maintenance of Forge Lane
7
1
Where the highway is altered under this Order, the altered part of the highway shall be completed to the reasonable satisfaction of the Council, and, unless otherwise agreed with the Council, shall be maintained by and at the expense of the undertaker for a period of 24 months from its completion.
2
The undertaker shall not by reason of any duty under this article to maintain the highway be taken to be the street authority in relation to the highway for the purposes of Part III of the New Roads and Street Act 1991.
3
Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the New Roads and Street Act 1991 apply.
Agreements with Wakefield Metropolitan District Council
8
1
The Council and the undertaker may enter into agreements with respect to —
a
any stopping up, alteration or diversion of the highway under the powers conferred by this Order, or
b
the execution in the highway of any of the works referred to in article 5 (power to execute street works) above.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above, —
a
make provision for the Council to carry out any function under this Order which relates to the highway, and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Power to operate and use the level crossings
9
The undertaker may operate and use the level crossings as part of the undertaker’s railway for the movement of rail vehicles.
Provisions as to the level crossings
10
1
In this article, “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 , manual, mechanical, automatic, electrical or telephonic equipment or other devices.
2
The Council and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
3
The undertaker shall provide, maintain and operate at or near the level crossings such protective equipment as is set out in Part I of the Schedule to this Order and shall observe and comply with the requirements set out in Part II of that Schedule.
4
Any traffic sign placed pursuant to this article on or near the highway shall be treated for the purposes of section 64(4) of the Road Traffic Regulation Act 1984 as having been placed as provided by that Act.
5
No provision contained in or incorporated with this Order shall require the provision of any building or keeper at the level crossings.
Maintenance of approved works etc.
11
1
Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the undertaker’s railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the undertaker’s railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Certification of the works plan
12
The undertaker shall, as soon as practicable after the making of this Order, submit a copy of the works plan to the Secretary of State for certification that it is a true copy of the works plan referred to in this Order; and the works plan so certified shall be admissible in any proceedings as evidence of the contents of the works plan of which it is a copy.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
13th November 1995


text:
Commencement and citation
1
This Order may be cited as the A12 Trunk Road (Redbridge) (No. 1) Red Route Experimental Traffic Order 1995, and shall come into force on 7th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s 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 disabled person’s 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 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 as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No. 3 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 London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No. 3 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
4th July 1995