type: legislation

jurisdiction: UK

text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Toys (Safety) Regulations 1995 and shall come into force on 24th February 1995.
2
The Toys (Safety) Regulations 1989 and the Toys (Safety) (Amendment) Regulations 1993 are hereby revoked provided that the saving in relation to the continued application of the Toys (Safety) Regulations 1974 and the Toys (Safety) Regulations (Northern Ireland) 1975 contained in paragraphs (3) and (4) of regulation 1 of the said Regulations of 1989 shall continue to have full force and effect in relation to toys to which these Regulations do not apply by virtue of paragraph 1 of regulation 2 below.
Application
2
1
Subject to paragraphs (2) and (3) below, these Regulations apply to any toy except that until 1st October 1996 they do not apply to any toy which the supplier proves was supplied for the first time in the Community before 1st January 1990 and which does not bear the CE marking.
2
Regulations 10 and 13 below do not apply in any case in which the person supplying the toy reasonably believes that it will not be used in the United Kingdom or any other member State of the Community.
3
The Pencils and Graphic Instruments (Safety) Regulations 1974 and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 1975 shall not apply to toys to which these Regulations apply.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1987 Act ” means the Consumer Protection Act 1987;
“approved model” means a model of a toy in respect of which an EC type-examination certificate is in force;
“CE marking” means the CE conformity marking referred to in regulation 10 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;
“the Community” means the European Community and other member States except that for the purposes of paragraph (1) of regulation 2, it means the European Community;
“EC type-examination certificate” means a certificate issued by an approved body that a model of a toy conforms with the essential safety requirements applicable to that toy;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“essential safety requirements” means the requirements in Annex II of the Toys Directive which is set out in Schedule 2;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a remit from the Commission of the Communities in accordance with Council Directive 83/189/ EEC laying down a procedure for the provision of information in the field of technical standards and regulations as amended by the Treaty of Accession of 12th June 1985 , Council Directive 88/182/EEC , Commission Decision 92/400/EEC and European Parliament and Council Directive 94/10/EEC ;
“member State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the state of Liechtenstein;
“relevant national standard” means a standard the reference number of which is published —
in the United Kingdom, by the Secretary of State in such manner as he considers appropriate, or
in another member State of the Community,
and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed acccordingly;
“toy” means any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3; and
“the Toys Directive” means Council Directive 88/378/EEC on the approximation of the laws of the member States concerning the safety of toys as amended by Council Directive 93/68/EEC .
2
“approved body” in regulation 9 (except “approved bodies” in paragraph (5) of that regulation) means a body approved by the Secretary of State pursuant to regulation 8 and elsewhere in these Regulations (including the above-mentioned reference in regulation 9(5)) means a body so approved or one approved by another member State of the Community for the purposes of the Toys Directive.
3
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Essential safety requirements
4
Toys to which these Regulations apply shall satisfy the essential safety requirements.
Toys bearing CE marking
5
1
Any toy supplied for the first time in the Community on or after 1st January 1995 which bears the CE marking shall be presumed (which presumption shall be rebuttable) to comply with all the provisions of these Regulations, save that until 1st January 1997 any toy on which the manufacturer or his authorised representative has put the CE marking pursuant to the provisions of paragraph (10) of regulation 10 below shall be presumed (which presumption shall be rebuttable) to comply with the provisions of that paragraph.
2
Subject to paragraph (3) below, where the toy is the subject of other Community Directives in addition to the Toys Directive, which provide among other things for the affixing of the CE marking, the CE marking affixed in relation to the Toys Directive shall indicate that the toy is presumed (which presumption shall be rebuttable) to conform to the provisions of those other Community Directives.
3
Where any of the said Community Directives referred to in paragraph (2) above allows the manufacturer, during a transition period, to choose which arrangements apply, the CE marking shall indicate conformity only to the Community Directives applied by the manufacturer.
Conformity of toys with national standards
6
Any toy supplied for the first time in the Community on or after 1st January 1995 and which conforms with the relevant national standards applicable to it where those standards relate to all matters covered by the essential safety requirements applicable to the toy shall be presumed (which presumption shall be rebuttable) to satisfy the requirement in regulation 4.
Conformity of toys with an approved model
7
Any toy supplied for the first time in the Community on or after 1st January 1995 which has not been manufactured, or which has been manufactured only partly, in conformity with the relevant national standards applicable to it or for which no such standards exist or where the relevant national standards applicable to it relate only to some of the matters covered by the essential safety requirements applicable to the toy shall be presumed (which presumption shall be rebuttable) to satisfy the requirement in regulation 4 if an EC type-examination certificate is in force in respect of a model of the toy.
Approved bodies
8
1
A body approved by the Secretary of State may —
a
carry out examinations and tests and issue EC type-examination certificates in respect of models of toys;
b
ask for further examples of the model in question; and
c
do such other things as may be required or permitted under or in connection with these Regulations.
2
Any approval given by the Secretary of State for the purposes of paragraph (1) above may be given for an unlimited period or for a specified period and may be given subject to conditions and the Secretary of State may withdraw any such approval if the body ceases to comply with any such condition.
EC type-examination certificate
9
1
Where an application for an EC type-examination certificate in respect of a model of a toy is made by the manufacturer or by his authorised representative established in the Community to an approved body such application shall be in writing and shall include —
a
a description of the toy;
b
the name and address of the manufacturer or his authorised representative in the Community and the place of manufacture of the toy; and
c
comprehensive manufacturing and design data,
and shall be accompanied by a model of the toy and, if required by the approved body, the prescribed fee.
2
On an application made to it under paragraph (1) above an approved body shall —
a
examine the documents provided by the applicant and establish that they are in order;
b
check that any toy which conforms with the model would not jeopardize the safety or health of users or third parties when used as intended or in a foreseeable way, bearing in mind the normal behaviour of children; and
c
carry out examinations and tests using as far as possible relevant national standards and, if there is no relevant national standard covering a particular matter, harmonised standards, in order to check whether the model meets the essential safety requirements.
3
Where the approved body, after carrying out its duties under paragraph (2) above, is satisfied that the model complies with the essential safety requirements applicable to a toy of that type, it shall grant to the applicant an EC type-examination certificate in respect of that model, subject to such conditions designed to ensure that toys which conform to the model comply with the applicable essential safety requirements as the approved body thinks fit.
4
The certificate shall state the conclusions of the EC type-examination carried out by the approved body, indicate any conditions subject to which the certificate is granted and be accompanied by the descriptions and drawings of the toy.
5
The approved body shall, taking the necessary measures to guarantee confidentiality, forward to the Secretary of State, the Commission of the Communities, the other member States and other approved bodies on request a copy of the certificate and, on reasonable request, a copy of any design and manufacturing schedule submitted to the aproved body and reports on the examinations and tests that it has carried out.
6
Where the approved body, after carrying out its duties under paragraph (2) above, refuses to issue an EC type-examination certificate in respect of the model of the toy in question, it shall so inform the applicant, the Secretary of State and the Commission of the Communities in writing, giving the reasons for refusal.
7
The approved body may require a fee to be paid by the applicant (in this regulation referred to as the prescribed fee) in connection with work done by it under this regulation and the fee in every case shall be equal to the sum of —
a
the costs of the approved body of and in connection with the functions carried out or to be carried out under these Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the approved body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
CE marking and other information on or accompanying toys
10
1
Subject to paragraphs (2), (3), (4) and (10) below, no person shall supply any toy to which these Regulations apply and which does not have affixed to it or to its packaging the CE marking together with the name or trade name or mark and the address of the manufacturer if he is established in the Community or his authorised representative if he is so established or if neither is so established the importer into the Community in a visible, easily legible and indelible form, provided that the trade name or mark may only appear as an alternative to the name if such trade name or mark enables such manufacturer, authorised representative or importer to be identified.
2
No manufacturer of any toy to which these Regulations apply nor any authorised representative in the Community of such a manufacturer shall supply any such toy to which or to whose packaging the CE marking is affixed unless he thereby confirms that all the provisions of these Regulations which relate to that toy have been complied with and that —
a
where the toy has been manufactured in accordance with the relevant national standards applicable to it and those standards relate to all the matters covered by the essential safety requirements applicable to the toy, the toy complies with those standards; or
b
where —
i
the toy has not been manufactured in accordance with the relevant national standards applicable to that toy; or
ii
the toy has been manufactured only partly in accordance with such standards; or
iii
no such standards exist; or
iv
the relevant national standards relate only to some of the essential safety requirements applicable to the toy,
that the toy conforms with a model in respect of which an EC type-examination certificate is in force.
3
In the case of a small toy or a toy consisting of small parts the information (including the CE marking) mentioned in paragraph (1) above may appear instead of as provided in that paragraph in a visible, easily legible and indelible form —
a
on a label attached to the toy;
b
on an accompanying printed label or leaflet; or
c
where the toy is not individually packaged, on the box or other packaging containing the toy and other toys of the same kind.
4
Paragraphs (1), (2) and (3) shall not apply in relation to a toy which has previously been supplied to any person who acquired it for private use or consumption.
5
Where the information (including the CE marking) mentioned in paragraph (1) above does not appear on, or is not attached to, the toy, the attention of any person to whom the toy is supplied for private use or consumption shall be drawn to the advisability of keeping or noting such information, as the case may be.
6
Any of the information mentioned in paragraph (1) above, other than the CE marking, may be abbreviated provided that the abbreviation enables such manufacturer, authorised representative or importer as is mentioned in that paragraph to be identified.
7
Information shall not be given in connection with a toy by means of a marking which is likely to deceive any person as to the meaning and the form of the CE marking and any other marking may be affixed to the toy, its packaging or a label provided that the visibility and legibility of the CE marking is not thereby reduced.
8
Toys shall be accompanied by the appropriate warnings and indications of precautions to be taken during use contained in Annex IV of the Toys Directive which is set out in Schedule 4.
9
It shall not be a sufficient compliance with paragraph (8) above to give information in a language other than English.
10
Notwithstanding the provisions of paragraph (1) above, until 1st January 1997 the manufacturer or his authorised representative established in the Community may put on every toy in the manner described in that paragraph the CE marking to confirm only that that toy complies with the provisions of sub-paragraphs (a) or (b) of paragraph (2) as the case may be and by which he does not confirm that all the provisions of these Regulations which relate to that toy have been complied with, and in which event the provisions of paragraphs (11) and (12) below and Schedule 5 shall not have effect in relation to that toy.
11
Except in the case of a toy which in the opinion of the enforcement authority is likely to jeopardise the safety or health of any person, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to any toy to which these Regulations apply in relation to which any provision of these Regulations has not been complied with in respect of that toy it may serve a notice (“a compliance notice”) on the manufacturer of that toy or his authorised representative established in the Community and in such a case sections 13, 14, 16 or 17 of the 1987 Act shall not be applied until such a notice has been so served and the person upon whom it has been served has failed to comply with its requirements.
12
Schedule 5 shall have effect in respect of a compliance notice.
Requirement to keep available and give information about toys which bear the CE marking
11
1
Every manufacturer of toys established in the United Kingdom or, where the manufacturer is not established in the Community, the manufacturer’s authorised representative established in the United Kingdom or, where the manufacturer is established outside the Community and he has no authorised representative established in the Community, the person who supplies a toy on the first occasion on which it is supplied in the Community provided that he is established in the United Kingdom shall keep the following information available for inspection by an enforcement authority or any of its officers in respect of toys supplied in the Community by such manufacturer, authorised representative or first supplier and bearing the CE marking denoting among other things conformity with the relevant national standards applicable to the toy where those standards relate to all the matters covered by the essential safety requirements applicable to the toy and shall give the information to an enforcement authority or any of its officers on his being required to give such information within a reasonable time —
a
a description of the means (such as the use of a test report or technical file) whereby the manufacturer ensures conformity of production with the relevant national standards;
b
the addresses of the places of manufacture and storage of the toys; and
c
detailed information concerning their design and manufacture.
2
Every manufacturer of toys established in the United Kingdom or, where the manufacturer is not established in the Community, the manufacturer’s authorised representative established in the United Kingdom or, where the manufacturer is established outside the Community and he has no authorised representative established in the Community, the person who supplies a toy on the first occasion on which it is supplied in the Community provided that he is established in the United Kingdom shall keep the following information available for inspection by an enforcement authority or any of its officers in respect of toys supplied in the Community by such manufacturer, authorised representative or first supplier which are not manufactured, or which are manufactured only partly, in accordance with the relevant national standards applicable to that toy or for which no such standards exist or where the relevant national standards relate only to some of the matters covered by the essential safety requirements applicable to the toy and which bear the CE marking denoting conformity among other things of the toy with the approved model and shall give the information to an enforcement authority or any of its officers on his being required to give such information within a reasonable time —
a
a detailed description of manufacturer;
b
a description of the means (such as the use of a test report or technical file) whereby the manufacturer ensures conformity with the approved model;
c
the addresses of the places of manufacture and storage of the toys;
d
copies of the documents which the manufacturer or his authorised representative has submitted to an approved body on an application for an EC type-examination certificate; and
e
the EC type-examination certificate or a copy of such a certificate, certified by the approved body which issued it as a true copy.
3
If any of the requirements of paragraph (1) or (2) above is not satisfied, an enforcement authority or any of its officers may require such manufacturer, authorised representative or first supplier, as the case may be, as is mentioned in those paragraphs to have a toy in respect of which any such requirement is not satisfied tested within a reasonable period by an approved body at the expense of such manufacturer, authorised representative or first supplier for the purpose of ascertaining whether the relevant national standards and the essential safety requirements are complied with and the manufacturer, authorised representative or first supplier shall comply with any such requirement imposed by an enforcement authority or one of its officers.
Requirement to give information about toys which do not bear the CE marking
12
Save in relation to the supply of a toy which has previously been supplied to any person who acquired it for private use or consumption, a person who supplies a toy which does not bear the CE marking shall give to an enforcement authority, or any of its officers, all information which he has about the date when the toy was first supplied in the Community and information about the basis on which the toy is not so marked on his being required to give such information within a reasonable time.
Prohibition on supply
13
No person shall supply any toy in respect of which the requirement of regulation 4 is not satisfied save that a person other than a manufacturer or his authorised representative established in the Community (or, where neither the manufacturer nor his authorised representative are established in the Community, the importer into the Community) may supply any toy provided that the toy would not jeopardise the safety or health of users or third parties when used as intended or in a foreseeable way, bearing in mind the normal behaviour of children.
Duties of enforcement authorities
14
Every authority and council on whom a duty is imposed by virtue of section 27 of the 1987 Act shall give immediate notice to the Secretary of State of any suspension notice served by it in respect of, or any application made by it for an order for forfeiture of, any toys to which these Regulations apply or any other thing done in respect of any such toys for the purposes of or in connection with sections 14 to 17 of that Act.
Commencement of proceedings
15
In England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Regulations to be treated as safety regulations within the meaning of the 1987 Act
16
1
Subject to paragraph (2) below, these Regulations shall be treated for all purposes as if they were safety regulations within the meaning of the 1987 Act.
2
A manufacturer, authorised representative or first supplier who contravenes regulation 11(3) above shall be guilty of an offence punishable on summary conviction with imprisonment for not more than three months or with a fine not exceeding level five on the standard scale.
Ferrers
Minister of State for Small Firms and Consumer Affairs,
Department of Trade and Industry
30th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Perthshire Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Perthshire Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Perthshire and Kinross to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
1
This Order may be cited as the A30 Trunk Road (Kennards House Junction Improvement and Slip Roads) Order 1995 and shall come into force on 23rd August 1995.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the new trunk roads”
means the slip roads;
ii
“the plan”
means the plan numbered HA10/1/SWD/123 marked “The A30 Trunk Road (Kennards House Junction Improvement and Slip Roads) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0ET; and
iii
“the slip roads”
means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the existing trunk road with other high-ways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by the authority of the Secretary of State for Transport
M. A. Endacott
Head of South West Sub Office Southern Network Management Division
Highways Agency
18th July 1995


text:
1
This Order may be cited as the Natural History Museum (Authorised Repositories) Order 1995 and shall come into force on 31st March 1995.
2
For paragraph 4 of Part II of Schedule 3 to the British Museum Act 1963 there shall be substituted the following paragraph: —
4
The site in Wandsworth known as 75 Kimber Road SW18 4NX.
.
Stephen Dorrell
Secretary of State for National Heritage
6th March 1995


text:
Commencement and citation
1
This Order may be cited as the A1400 Trunk Road (Redbridge) 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 restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s 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 vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 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


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Information Technology) (England) Regulations 1995 and shall come into force on 29th November 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“ the Act ”means the Local Government Act 1988;
“the cost”means the estimated total annual cost including overheads;
“the specified proportion”means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F + G )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to 30 per cent of T or £300,000, whichever is greater;
B
for the period ending on 31st March 1999 or five years after work was awarded,, whichever is the shorter,, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C
an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D
until 1st April 1999,, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act;
E
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;
F
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government,, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and
G
an amount equal to the cost of specified work which is being carried out by a defined authority,, being work undertaken by way of functional work at the request of any person other than a defined authority who is carrying out work (“other work”) on the authority’s behalf,, for the purpose of facilitating such other work;
“specified work”means work of any description falling within the defined activity mentioned in section 2(2)(m) of the Act (information technology services) other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;
“voluntary competitive tendering”means the awarding of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
Application of section 6
3
1
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out —
a
on or after 1st October 1998 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 (“a structural change”) where that structural change takes effect from 1st April 1995; or
b
on or after 1st October 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st October 2000 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st April 1999 by a county council or non-metropolitan district council which is not subject to a structural change; or
e
on or after 1st October 1997 by any other defined authority except —
i
those mentioned in section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act; or
ii
a police authority.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
30th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wrightington Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13th February 1995.
2
In this Order —
“the Authority” means the South Lancashire Health Authority;
“the Trust” means the Wrightington Hospital 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 9th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th February 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by Authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th January 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1995 and shall come into force on 5th June 1995.
2
In these Regulations “the 1987 Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of regulation 3 of the 1987 Regulations
2
In regulation 3(1) of the 1987 Regulations (interpretation) for the definitions of “close relative” and “partner” respectively the following definitions shall be substituted —
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-son-in-law, step-daughter, step-daughter-in-law, brother, brother-in-law, sister or sister-in-law;;
“partner” means where a person —
is a member of a married or unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member;.
Amendment of regulation 7 of the 1987 regulations
3
1
Regulation 7 of the 1987 Regulations (entitlement to an award in respect of funeral expenses) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
for the words “Subject to regulation 8” there shall be substituted the words “Subject to paragraphs (1A) and (1B) and regulation 8”;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
the claimant or his partner (in this Part of these Regulations referred to as “the responsible person”) accepts responsibility for those expenses and —
i
the responsible person was the partner of the deceased at the date of death; or
ii
in a case where the deceased had no partner the responsible person was either —
aa
a close relative of the deceased; or
bb
a close friend of the deceased,
and it is reasonable for the responsible person to accept responsibility for those expenses; and.
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
Whether it is reasonable for a person to accept responsibility for meeting the expenses of a funeral shall be determined by the nature and extent of that person’s contact with the deceased.
1B
In a case where the deceased had one or more close relatives and the responsible person is a person to whom paragraph (1)(b)(ii) applies, if on comparing the nature and extent of any such close relative’s contact with the deceased and the nature and extent of the responsible person’s contact with the deceased, any such close relative was —
a
in closer contact with the deceased than the responsible person; or
b
in equally close contact with the deceased and neither that close relative nor his partner, if he has one, has been awarded a benefit to which paragraph (1)(a) refers; or
c
in equally close contact with the deceased and possesses, together with his partner, if he has one, more capital than the responsible person and his partner and that capital exceeds,
i
where the close relative or his partner is aged 60 or over, £1,000; or
ii
where the close relative and his partner, if he has one, are both aged under 60, £500,
the responsible person shall not be entitled to a funeral payment under these Regulations in respect of those expenses..
4
For paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
Subject to regulation 8 and Part IV of these Regulations, the amount of a funeral payment shall be an amount sufficient to meet any of the costs which fall to be met or have been met by the claimant or his partner or a person acting on their behalf and which are specified in paragraphs (3) and (4).
3
The funeral director’s fees or, where the person who arranges the funeral is not such a director that person’s costs, which may be met in any case shall include the cost of —
a
the collection of the deceased within the United Kingdom and transporting to the funeral director’s premises or to a place of rest over a total distance of up to 50 miles;
b
a simple veneered coffin and plain robe;
c
the care of the deceased prior to the funeral;
d
transport by a vehicle for the coffin and bearers and one additional vehicle, for a total distance of up to 50 miles; and
e
necessary funeral director’s services and staff,
but shall not exceed £500 in aggregate in any case.
4
In addition to the costs specified in paragraph (3), the amount of a funeral payment shall include an amount sufficient to meet —
a
in the case of an interment, the necessary costs of a new or re-opened grave and of the interment; or
b
in the case of a cremation —
i
the cremation fee, including medical references;
ii
the cost of any necessary registered medical practitioner’s certificates;
iii
the amount of a registered medical practitioner’s fee for the removal of a heart pace-maker; and
c
in either case —
i
the cost of necessary documentation;
ii
the fee of a Minister of religion;
iii
any additional expenses arising from a requirement of the religious faith of the deceased, but not in excess of £75;
iv
an organist’s fee;
v
the cost of a floral tribute from the responsible person, but not in excess of £25;
vi
the reasonable expenses of one return journey within the United Kingdom, for the responsible person either for the arrangement of, or attendance at, the funeral;
vii
where the deceased died at home and has to be transported within the United Kingdom in excess of 50 miles to the nearest funeral director’s premises or place of rest, the reasonable cost of transport in excess of 50 miles;
viii
where the deceased died away from home and has to be transported more than 50 miles within the United Kingdom in being taken to the funeral director’s premises or place of rest, the reasonable cost of transport in excess of 50 miles;
ix
where the distance for which transport is provided and which is referred to in paragraph (3)(d) is exceeded, the reasonable costs of transport in excess of 50 miles; and
x
the cost of embalming the deceased where this is necesary for the purpose of transporting the deceased a distance in excess of 25 miles..
Amendment of regulations 8 and 9 of the 1987 Regulations
4
In paragraph (c) of regulation 8 (deductions from an award of a funeral payment) and sub-paragraph (3)(c) of regulation 9 (effect of capital) of the 1987 Regulations for the words “regulation 7(2)” there shall be substituted the words “regulation 7(3) and (4)”.
Transitional provision with respect to deaths occurring before 5th June 1995
5
Where, in respect of a death which occurs before 5th June 1995, a claim is made by the responsible person for funeral expenses from the social fund in respect of a funeral which takes place on or before 5th September 1995, regulations 2 to 4 of these Regulations shall not have effect with respect to that claim.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
4th May 1995


text:
Citation and commencement
1
This Order may be cited as the Non-Domestic Rating (Police Authorities) Order 1995 and shall come into force on 7th July 1995.
Disapplication of Crown exemption
2
1
Subsection (6) of section 64 of the Local Government Finance Act 1988 shall apply to any hereditament falling within the class prescribed in paragraph (2) of this article.
2
The class of hereditaments prescribed in this paragraph consists of hereditaments provided and maintained by a police authority established under section 3 of the Police Act 1964 for purposes connected with the administration of justice, police purposes or other Crown purposes.
Department of the Environment
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
3rd July 1995


text:
1
The County Council of Staffordshire (Trent and Mersey Canal) Bridge Scheme 1994 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Staffordshire County Council, PO Box 11, County Buildings, Martin Street, Stafford ST16 2LH.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This instrument may be cited as the County Council of Staffordshire (Trent and Mersey Canal) Bridge Scheme 1994 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport.
Pamela Denham
Regional Director Government Office for the North East
15th November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations 1995 and shall come into force on 23rd January 1996.
2
In these Regulations —
“the 1995 Act ” means the Child Support Act 1995 and “the 1991 Act ” means the Child Support Act 1991;
“instrument for benefit payment” has the meaning prescribed in regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987 ;
Changes in child support legislation relevant for the purposes of compensation
2
A compensation payment under section 24 of the 1995 Act shall be made where a maintenance assessment in force is reduced as a result of the coming into force of any of the child support legislation set out in the Schedule to these Regulations.
Definition of relevant time
3
For the purposes of section 24 of the 1995 Act, the relevant time shall be the day immediately prior to the effective date of the revised assessment.
Calculation of compensation
4
Subject to regulation 5, the compensation payment referred to in section 24(2) of the 1995 Act shall be calculated by using the following formula —
C = A 2 × B
where —
C is the compensation payment payable;
A is the amount of the reduction referred to in section 24(2) of the 1995 Act;
B is the number of complete periods of 7 days within the period commencing on the effective date of the revised assessment and ending on the date of the expiry of the award of family credit or disability working allowance in force at that effective date.
Calculation of compensation in particular cases
5
1
The amount payable under the earlier maintenance assessment shall be the amount due under a fresh assesssment made following a review of that earlier maintenance assessment under section 16, 17, 18 or 19 of the 1991 Act where —
a
the review and fresh assessment were made after the prescribed change in child support legislation referred to in section 24(1) of the 1995 Act has come into force but before the revised assessment is made;
b
that review is on grounds other than that prescribed change in legislation; and
c
the effective date of that fresh assessment is prior to the effective date of the revised assessment.
2
Subject to paragraph (4) where, after a revised assessment has been made, a child support officer makes a fresh assessment following a review of the earlier maintenance assessment under section 16, 17, 18 or 19 of the 1991 Act, for the purposes of the calculation of a compensation payment under section 24 of the 1995 Act the amount payable under the earlier maintenance assessment shall be that payable under that assessment prior to that review.
3
Subject to paragraph (4), where a revised assessment is reviewed on the grounds set out in section 18(6) or 19(2) of the 1991 Act, and a fresh assessment of a different amount is made, the effective date of which is the same as that of that revised assessment, the compensation payment calculated under section 24 of the 1995 Act, shall be recalculated using the amount due under that fresh assessment in place of the amount due under the revised assessment.
4
In cases where the circumstances set out in paragraphs (2) and (3) both apply, the compensation payable under section 24 of the 1995 Act shall be recalculated using the amount due under the fresh assessments referred to in those paragraphs.
5
Where the circumstances set out in paragraph (6) apply, the compensation payable under section 24 of the 1995 Act for the period of the further award shall be calculated in accordance with the following formula —
C = A 2 × 26
where C and A have the meaning given to them in regulation 4.
6
The circumstances referred to in paragraph (5) are —
a
the effective date of a revised assessment is not more than 4 weeks in the case of family credit or 6 weeks in the case of disability working allowance prior to the date upon which the existing award of that benefit ends;
b
the person to whom that award was made has applied for a further award of that benefit to be paid from the date of expiry of the existing award;
c
the amount payable under the further award has not taken account of the changes in child support legislation referred to in regulation 2 which are relevant to the further award.
7
For the purposes of paragraph (6), the existing award means the award of family credit or disability working allowance in force at the effective date of the revised assessment and the further award means the award of family credit or disability working allowance made after the existing award has expired.
Minimum payment
6
1
Subject to paragraph (2), compensation calculated under section 24 of the 1995 Act and these Regulations by reference to a revised assessment shall not be paid if the amount of that compensation is less than £5.00.
2
Where paragraph (3) or (4) of regulation 5 applies, the prescribed minimum set out in paragraph (1) shall be applied to the recalculated compensation payment only.
3
Where more than one revised assessment is made and a payment has been made in respect of compensation calculated by reference to one of those revised assessments, the amount of compensation to be paid in respect of any subsequent revised assessment shall be the difference between the payment that has already been made and the compensation calculated by reference to that subsequent revised assessment.
Provisions for payment
7
1
The Secretary of State shall make any compensation payment under section 24 of the 1995 Act in instalments or as a lump sum as he considers appropriate in the circumstances.
2
Any such compensation payment shall be paid on presentation of an instrument for benefit payment or by means of an instrument of payment or by such other means as appears to the Secretary of State to be appropriate in the circumstances of any particular case.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
15th December 1995


text:
1
This Order may be cited as The Olympic Symbol etc. (Protection) Act 1995 (Commencement) Order 1995.
2
The Olympic Symbol etc. (Protection) Act 1995 shall come into force on 20th September 1995.
Virginia Bottomley
Secretary of State for National Heritage
19th September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Non-Domestic Rating, Alteration of Lists and Appeals) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations —
“list” means a local authority’s non-domestic rating list;
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1993 Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 ;
“subsequent year” means a financial year beginning on or after the reorganisation date;
“relevant successor authority” means, in connection with non-domestic rates payable to the abolished authority in respect of hereditaments situated in a part of its area, the successor authority for that part; and
“transferred hereditament” means a hereditament which before the reorganisation date is shown in the list of a relinquishing authority and which, by virtue of the principal Regulations, is shown after that date in the list of the acquiring authority.
2
In these Regulations the following expressions shall have the same meaning as in the principal Regulations —
“abolished authority”, “acquiring authority”, “preceding year”, “preliminary period”, “relinquishing authority”, “the reorganisation date”, and “section 17 order”.
Successor authorities
3
1
Anything done by or in relation to an abolished authority under the 1993 Regulations shall on or after the reorganisation date be treated as if it had been done by or in relation to the relevant successor authority.
2
For the purposes of paragraph (1), anything done by or in relation to the valuation officer for the abolished authority shall on or after the reorganisation date be treated as if it had been done by or in relation to the valuation officer for the relevant successor authority.
Lists
4
Regulation 4A(6) of the 1993 Regulations shall have effect on or after the reorganisation date in respect of a transferred hereditament as if the lists of the relinquishing authority prior to the reorganisation date and of the acquiring authority after that date were the same list.
Change in area
5
In regulation 13(2)(iv) (time from which alteration is to have effect) of the 1993 Regulations, the reference to a change in the area of a relevant authority shall include a structural change effected by a section 17 order.
Proposals: relinquishing and acquiring authorities
6
1
Where in relation to a transferred hereditament a proposal for an alteration under regulations 4 or 4A of the 1993 Regulations —
a
is made but not disposed of prior to the reorganisation date or is made on or after that date; and
b
relates to or affects a preceding year and a subsequent year,
the proposal shall be treated on or after the reorganisation date as a proposal to alter the lists of the relinquishing authority and the acquiring authority.
2
Subject to regulations 7 and 8, where in relation to a transferred hereditament a proposal for an alteration under regulations 4 or 4A of the 1993 Regulations is made but not disposed of prior to the reorganisation date or is made on or after that date, on or after the reorganisation date —
a
references in the 1993 Regulations to the “relevant authority” shall have effect as if they were references to the acquiring authority, and for this purpose anything done by or in relation to the relinquishing authority prior to the reorganisation date in connection with such a proposal shall be treated as if it had been done by or in relation to the acquiring authority;
b
references in the 1993 Regulations to the “valuation officer” shall have effect as if they were references to the valuation officer for the acquiring authority, and for this purpose anything done prior to the reorganisation date by or in relation to the valuation officer for the relinquishing authority shall on or after that date be treated as if it had been done by or in relation to the valuation officer for the acquiring authority; and
c
references in the 1993 Regulations to the “relevant valuation tribunal” shall have effect as if they were references to the valuation tribunal for the area of the acquiring authority.
Proposals: further provision
7
1
Subject to regulation 8, where, in relation to a transferred hereditament, a proposal for an alteration is made as described in regulation 6(2) which relates to a preceding year, whether or not it also relates to a subsequent year, on or after the reorganisation date —
a
references in regulations 4(1) and (4), 4A(3), 8(1)(b) (procedure subsequent to the making of proposals), and 11(2)(e) (agreed alterations following proposals) of the 1993 Regulations to a “relevant authority” shall include the relinquishing authority and the acquiring authority;
b
references in the 1993 Regulations to the “valuation officer” in relation to anything done by or in relation to the valuation officer prior to the reorganisation date shall have effect as if they were references to the valuation officer for the relinquishing authority, and for this purpose anything done by or in relation to such a valuation officer shall on or after the reorganisation date be treated as if it had been done by or in relation to the valuation officer for the acquiring authority;
c
references in the 1993 Regulations to the “valuation officer” in relation to anything done by or in relation to the valuation officer on or after the reorganisation date shall have effect as if they were references to the valuation officer for the acquiring authority, except in regulations 2(3)(a) (interpretation), 9 (proposals agreed by valuation officer), 11(1)(a) and (2)(a), 18(3A)(a) (notification of alteration) and 33(4)(c) (arrangements for appeals) of those Regulations where the references shall have effect as if they were references to the valuation officers for the relinquishing authority and the acquiring authority and except in regulation 12(1) (disagreement as to proposed alteration) where the reference shall have effect as if it were a reference to the valuation officer for the relinquishing authority or the acquiring authority; and
d
the reference to the “listing officer” in regulation 33(4)(b) shall have effect as if it included the listing officer for the relinquishing authority and the acquiring authority.
2
For the purposes of paragraph (1), regulation 11(2)(e) of the 1993 Regulations shall apply as if the acquiring authority satisfied condition (i) in that regulation.
Appeals
8
In relation to an appeal under the 1993 Regulations which is to be disposed of by way of written representations or hearing and in respect of which, prior to the reorganisation date, the clerk of a valuation tribunal has served notice on the parties in accordance with regulations 35 (disposal by written representations) or 37 (notice of hearing) of those Regulations, on or after the reorganisation date —
a
that tribunal shall be the relevant valuation tribunal in relation to that appeal;
b
the relinquishing authority shall be the relevant authority which is a party under Part VI of the 1993 Regulations in relation to that appeal; and
c
the valuation officer for the relinquishing authority shall be the valuation officer under Part VI of the 1993 Regulations in relation to that appeal.
Parties and notice
9
In relation to a proposal for an alteration as described in regulation 6(1), on or after the reorganisation date —
a
subject to regulation 8, the parties to a proposal or appeal shall include the relinquishing authority and the acquiring authority; and
b
the references in regulations 8(1) and 11(2)(e) of the 1993 Regulations to a period for service by the valuation officer or service on him, respectively, shall have effect as if they were references to such a period commencing on the reorganisation date.
Alterations to the list
10
Where a relinquishing and an acquiring authority are in receipt of a list, or notice of alterations to a list, under regulation 31(1) or (2) of the principal Regulations, during the preliminary period —
a
the valuation officer for the relinquishing authority shall within 4 weeks of serving notice of the effect of any alterations to the valuation list of the relinquishing authority under regulation 18(1) of the 1993 Regulations in relation to a transferred hereditament notify the valuation officer for the acquiring authority;
b
the valuation officer for the acquiring authority shall as soon as is reasonably practicable after receipt of notice under paragraph (a) serve notice on the acquiring authority of the effect of the alteration; and
c
the acquiring authority shall as soon as is reasonably practicable after receipt of notice under paragraph (b) alter the copy of the list deposited at its principal office in accordance with regulation 31(1) of the principal Regulations or the copy of the notice of alterations to a list deposited at its principal office in accordance with regulation 31(2) of those Regulations.
Disqualification from participating
11
The reference in regulation 38(2) (disqualification from participating) of the 1993 Regulations to the area of an authority shall, on or after the reorganisation date and in relation to an appeal which relates to a transferred hereditament where the appeal relates to a preceding year, whether or not it also relates to a subsequent year, be construed as including the area of the relinquishing authority prior to the reorganisation date.
Completion notices and certifications
12
1
Where an appeal in relation to a transferred hereditament under regulation 29 (appeal against completion notices) of the 1993 Regulations or regulation 36 (appeals against certification) of the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 (in this regulation referred to as the “1994 Regulations”) relates to or affects a preceding year and a subsequent year, subject to regulation 8, on or after the reorganisation date —
a
subject to paragraph (2), references in the 1993 Regulations to the “relevant authority” shall have effect as if they were references to the relinquishing authority and the acquiring authority;
b
references in the 1993 Regulations to the “valuation officer” in relation to anything done by or in relation to the valuation officer prior to the reorganisation date shall have effect as if they were references to the valuation officer for the relinquishing authority, and for this purpose anything done by or in relation to such a valuation officer shall be treated as if it had been done by or in relation to the valuation officer for the acquiring authority; and
c
references in the 1993 Regulations to the “valuation officer” in relation to anything done by or in relation to the valuation officer on or after the reorganisation date shall have effect as if they were references to the valuation officer for the acquiring authority, except in regulation 34(5) (withdrawal), or regulation 36(3)(b) of the 1994 Regulations, where the references shall have effect as if they were references to the valuation officers for the relinquishing authority and the acquiring authority.
2
In relation to an appeal described in paragraph (1), references in regulations 40(8)(b) (conduct of the hearing) and 42 (evidence of lists) of the 1993 Regulations to the “relevant authority” shall mean the acquiring authority.
3
Where an appeal in relation to a transferred hereditament under regulation 30 (appeals against certification) of the 1993 Regulations or regulation 36 of the 1994 Regulations is made but not disposed of prior to the reorganisation date, the references in regulations 30(3) of the 1993 Regulations and 36(3) of the 1994 Regulations to the “relevant valuation tribunal” shall have effect on and after that date as if they were references to the valuation tribunal for the area of the acquiring authority.
Notification of further proceedings
13
The definition in regulation 49(2) (notification of further proceedings) of the 1993 Regulations of the “authority concerned” shall, where the alteration to the list relates to a transferred hereditament and a subsequent year, on or after the reorganisation date include the acquiring authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
8th March 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry Act 1994 (Commencement No. 5) Order 1995.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Provision coming into force on 1st March 1995
2
Part III of Schedule 11 to the Act shall, so far as it relates to the repeals set out in the Schedule to this Order, come into force on 1st March 1995.
Charles Wardle
Parliamentary Under Secretary for Industry and Energy,
Department of Trade and Industry
4th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northampton Community Healthcare 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 Northamptonshire Health Authority;
“the Trust” means the Northampton Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st February 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:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Fraserburgh Harbour Revision Order 1995 and shall come into force on 19th June 1995.
2
The Fraserburgh Harbour Order 1985 , the Fraserburgh Harbour (No.2) Order 1985 , the Fraserburgh Harbour Order 1990 and this Order may be cited together as the Fraserburgh Harbour Orders 1985 to 1995.
Interpretation
2
1
In this Order —
“area of works” means the area within the limits of deviation or, any part of that area;
“Commissioners” means the body corporate known as the Fraserburgh Harbour Commissioners;
“deposited plan and sections” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and sections referred to in Article 2 of the Fraserburgh Harbour Revision Order 1995” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the Commissioners;
“enactment” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;
“harbour” means the harbour of Fraserburgh as defined in section 2 (Interpretation) of the Fraserburgh Harbour Order 1985;
“harbour undertaking” means the undertaking of the Commissioners in connection with the harbour;
“level of high water” means the level of mean high-water springs;
“level of low water” means the level of mean low-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“works” means the works authorised by article 3 (Power to carry out works) of this Order or, as the case may require, any part thereof.
2
All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.
PART II
WORKS
Power to carry out works
3
1
Subject to the provisions of this Order, the Commissioners may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections, carry out and maintain the following improvement works in the parish of Fraserburgh, Banff and Buchan district, Grampian Region, together with all necessary and proper works and conveniences connected therewith or incidental thereto: —
Work No.1A.
A refacing of the quay wall in Balaclava Harbour to a width of 4 metres commencing at Point A at the eastern end of Provost Park’s Jetty, thence extending to Points B and C at Bisset’s Quay and to Point D at the north-east corner of Provost Anderson’s Jetty and terminating at Point E at the south-east corner of Provost Anderson’s Jetty.
Work No.1B.
A refacing of the quay wall in Balaclava Harbour to a width of 4 metres commencing at Point F at the western end of Baillie Dickson’s Jetty, thence extending to Points G and H at Balaclava Pier and to Point I at the north-west corner of Abernethy Jetty and terminating at Point J at the south-west corner of Abernethy Jetty.
Work No.1C.
A refacing of the quay wall in Balaclava Outer Harbour to a width of 4 metres commencing at Point K at the north side of North Pier and terminating at Point L at the north side of North Pier.
Work No.2A.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point L at the north side of North Pier and terminating at Point M at the north-east corner of North Pier.
Work No.2B.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point N at the south side of Steamboat Quay and terminating at Point O at the south-west of Steamboat Quay.
Work No.2C.
Underpinning at Balaclava Outer Harbour for 2 metres in width commencing at Point E at the south-east corner of Provost Anderson’s Jetty and terminating at Point Q at the south side of Provost Anderson’s Jetty.
Work No.2D.
Underpinning in Balaclava Outer Harbour for 2 metres in width commencing at Point J at the south-west corner of Abernethy Jetty and terminating at Point P at the south side of Abernethy Jetty.
Work No.2E.
Underpinning in Balaclava Harbour for 2 metres in width commencing at Point A at the south-east corner of Provost Park’s Jetty and terminating at Point R at the north-east corner of Provost Park’s Jetty.
Work No.2F.
Underpinning in Balaclava Harbour for 2 metres in width commencing at Point F at the south-west corner of Baillie Dickson’s Jetty and terminating at Point S at the western end of Baillie Dickson’s Jetty.
Work No.3.
A deepening by means of excavation of the Entrance Channel to the harbour and Balaclava Outer Harbour to a depth of 8 metres below the level of low water within the area commencing at Point P, extending westwards to Point Q, southwards to Point K, south-eastward to Points M and U, north-eastward to Point T, north-westwards to Point P and there terminating.
Work No.4.
Demolition to seabed level of the eastern end of Provost Anderson’s Jetty for a length of 8 metres; deepening by means of excavation of Balaclava Harbour to a depth of 8 metres below the level of low water within the area commencing at Point E, extending northwards to Point D, westwards to Point C, northwards to Point B, eastwards to Point A, northwards to Point R, eastwards to Point S, southwards to Point F, eastwards to Point G, southwards to Point H, westwards to Point I, southwards to Point J and there terminating.
2
The Commissioners may, within the limits of deviation, renew and alter temporarily or permanently the works.
Power to deviate
4
Subject to the provisions of this Order, in carrying out the works the Commissioners may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation shown on the said plan and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 1 metre upwards or 2 metres downwards.
Subsidiary works
5
Subject to the provisions of this Order, the Commissioners may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to dredge
6
1
Subject to the provisions of this Order the Commissioners may from time to time deepen, dredge, scout, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the harbour or any part of it or the accommodation of vessels thereat.
2
The Commissioners may use, appropriate or dispose of any material (other than a wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) from time to time dredged by them from the harbour.
Obstructing Works
7
Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be deemed part of harbour undertaking
8
The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Commissioners for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Commissioners accordingly.
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be demolished, constructed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.
2
If a tidal work is demolished, constructed, renewed or altered in contravention of this section or of any condition or restriction imposed under this section: —
a
the Secretary of State may by notice in writing require the Commissioners to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Commissioners they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.
Provision against danger to navigation
10
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Commissioners shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Commissioners fail to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
11
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Commissioners, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Commissioners as a debt.
Lights on works during construction
12
1
The Commissioners shall at or near a tidal work during the whole time of the demolition, construction, renewal or alteration thereof exhibit, every night from sunset to sunrise, such lights as will clearly warn seafarers of the presence of that work.
2
If the Commissioners fail to comply with paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on works
13
1
After the completion of a tidal work the Commissioners shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
PART III
TEMPORARY CLOSURE OF HARBOUR
Temporary closure of area of works
14
1
For the purpose of carrying out the works the Commissioners may notwithstanding anything in any enactment (other than this Order): —
a
temporarily close the area of works to vessels by means of one or more coffer dams at such places within the harbour as the Commissioners shall think fit;
b
dry out the area of works by pumping or otherwise and carry out all such measures and construct or install all such valves, sluices, gates, pipes, channels, aqueducts, pumps and similar works of a temporary nature as may be necessary to convey water entering the area of works into tidal waters.
2
Notwithstanding anything contained in this Order, the area of works shall not be closed to vessels for a period continuous or discontinuous longer than two years.
Removal of vessels from area of works
15
1
Before exercising the power conferred on them by article 14 (Temporary closure of area of works) of this Order temporarily to close the area of works to vessels the Commissioners shall: —
a
publish a notice of their intention to do so in Lloyd’s List and once in each of two successive weeks in a local newspaper published or circulating in Fraserburgh, with an interval between the dates of publication of not less than six clear days;
b
display notice thereof in a conspicuous position in the harbour; and
c
give notice thereof in writing to the Secretary of State.
2
Each of the notices shall: —
a
state that the Commissioners intend temporarily to close the area of works to vessels; and
b
specify a date, which shall be a date not earlier than one month after the date of the latest of the three publications referred to in paragraph (1)(a) above, by which all vessels must be removed from the area of works.
3
If the master of any vessel within the area of works does not remove the same before the date specified in accordance with paragraph 2(b) above, the harbourmaster may cause that vessel to be removed from the area of works and moored or laid in any other place where it may without injury be moored or laid.
4
The Commissioners may recover as a debt from the owner of any vessel removed as aforesaid all expenses incurred by them in respect of its removal.
5
The powers conferred on the Commissioners and the harbourmaster by this article shall be in addition to and without prejudice to the powers as to the removal of vessels conferred upon them by sections 64 and 65 of the Harbours, Docks and Piers Clauses Act 1847 .
As to vessels entering area of works on or after date of closure
16
If any vessel enters the area of works on or after the date specified in accordance with paragraph (2)(b) of article 15 (Removal of vessels from area of works) of this Order, and during the period of temporary closure, the harbourmaster may direct the master of such vessel forthwith to remove the vessel from the area of works, and if the master of such vessel does not forthwith comply with such directions the provisions of paragraphs (3) to (5) inclusive of the said article 15 shall apply to and in respect of such vessel as if such vessel had been within the area of works before the said date.
PART IV
BORROWING
Power to borrow
17
1
The Commissioners may from time to time borrow upon the security of the assets for the time being and of the revenues of the Commissioners, by any methods they see fit: —
a
such sums of money as they think necessary provided that the total amount of money so borrowed and outstanding shall not at any time exceed £5,000,000; and
b
with the consent of the Secretary of State such further sums of money as they may require:
Provided that in calculating for the purpose of paragraph (1)(a) above the total sums of money borrowed by the Commissioners there shall be excluded any sums borrowed for use within twelve months of the date of borrowing for repayment of any sum for the time being outstanding by way of principal on any amount previously borrowed.
2
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
3
For the purposes of paragraph (2) above, but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include: —
a
the payment of any interest falling due within five years immediately following the date of the borrowing on any sum of money borrowed by the Commissioners under this section; and
b
the repayment within twelve months from the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Repeals
18
Section 19 (Power to borrow) and section 20 (Saving for powers of Treasury) of the Fraserburgh Harbour (No.2) Order 1985 are hereby repealed.
PART V
MISCELLANEOUS
Power to divert, etc. , Bisset’s Quay, Balaclava Pier, etc.
19
The Commissioners may in the execution of the works and for the purposes thereof and so far as necessary temporarily cross, alter, stop up, divert, raise and lower or otherwise interfere with Bisset’s Quay, Balaclava Pier, Steamboat Quay, Bailie Dickson’s Jetty, Provost Park’s Jetty, Provost Anderson’s Jetty, Abernethy Jetty and North Pier, providing when possible a proper temporary substitute before interrupting the traffic on the said quays, jetties or piers.
For protection of Scottish Hydro-Electric PLC
20
For the protection of Scottish Hydro-Electric PLC the following provisions shall, save to the extent that the company may release the Commissioners therefrom, apply and have effect: —
1
In this article unless the subject or context otherwise requires: —
“apparatus” means —
a
any electrical plant or electric line as respectively defined in section 64 of the Electricity Act 1989 ; and
b
any meter used for ascertaining the quantity of electricity supplied to any premises, not being a meter which is under the control of a consumer;
“the company” means Scottish Hydro-Electric PLC;
“in” in a context referring to apparatus includes under, over, across, along or upon;
“plan” includes a section and description;
“position” includes depth.
2
a
Nothing in this Order shall relieve the Commissioners from liability for damage caused by them to any apparatus in the exercise of the powers conferred on them by this Order and the Commissioners shall indemnify the company against all claims, demands, costs, damages and expenses made or taken against or recovered from or incurred by the company by reason or in consequence of any damage done by the Commissioners to any apparatus or of any interruption in the supply by the company of electricity which may without the written authority of the company be in any way occasioned either by reason of the exercise of any of the powers of this Order or by the acts or defaults (in, or in connection with, such exercise) of the Commissioners;
b
If in consequence of the exercise by the Commissioners of the powers of this Order the access to any apparatus is materially obstructed, the Commissioners shall provide an alternative means of access to such apparatus.
3
If the Commissioners in exercise of the powers of articles 3, 5, 14, or 19 of this Order require to cross over or under, remove, alter or otherwise interfere with any apparatus, or if the exercise of such powers is likely to affect any apparatus, the Commissioners shall: —
a
give to the company not less than 28 days' prior notice in writing of such requirement or (as the case may be) of their intention to exercise such powers, together with a plan of the work proposed, and shall execute the work only in accordance with such plan and in accordance with such reasonable requirements as may within 21 days of the receipt of the plan be made by the company, and the company may under such requirements alter or otherwise protect the apparatus or provide alternative apparatus adequate to enable them to fulfil their statutory functions not less efficiently than before (hereinafter referred to as “alternative apparatus”);
b
afford to the company, where possible, any necessary facilities and rights for the construction, use, maintenance, repair, renewal and inspection of any alternative apparatus;
c
pay to the company the expenses reasonably incurred by them in and in connection with removing, re-laying, replacing, altering or protecting the apparatus or providing alternative apparatus less (in a case where alternative apparatus is provided) the value of any apparatus removed pursuant to this article.
4
Alternative apparatus, if provided under this article, shall be constructed in such manner and in such line or position as may be agreed between the Commissioners and the company, and no apparatus shall be removed, altered or interfered with until any protective works required have been carried out or until alternative apparatus required has been provided and is operating to the reasonable satisfaction of the company.
5
a
Any difference arising between the Commissioners and the company under this article shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Electrical Engineers.
b
In settling any difference under this article the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Commissioners to execute within the limits of deviation any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.
Crown rights
21
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular without prejudice to the generality of the foregoing nothing herein contained shall authorise the Commissioners or any licensee of the Commissioners to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary): —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1995 and shall come into force on 10th April 1995.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,236” there shall be substituted the amount “£2,288”.
Amendment of article 26A of the principal Order
3
At the end of head (iii) of sub-paragraph (1)(c) of article 26A of the principal Order (mobility supplement) there shall be added the word “, or” followed by the following head —
iv
has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section.
.
Amendment of article 29 of the principal Order
4
Article 29 of the principal Order (pensions to widows) shall be amended as follows —
a
in paragraph (1A) for the amount “£48.70” there shall be substituted the amount “£49.77”;
b
paragraph (2) shall be omitted.
Amendment of article 67A of the principal Order
5
In paragraph (1) of article 67A of the principal Order (suspension in individual cases — Pensions Appeal Tribunal) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
Amendment of article 67B of the principal Order
6
In article 67B(1) of the principal Order (suspension in individual cases — courts) for the words “determination of that question on appeal” there shall be substituted the words “determination of the appeal”.
Amendment of Schedules to the principal Order
7
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances) —
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death) —
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
N. H. Nicholls
Clerk of the Privy Council