text:
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1994 and shall come into force on 4th July 1994.
2
These Regulations apply only to fees relating wholly or partly to medicinal products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“ the Act ” means the Medicines Act 1968 ;
“biological medicinal product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“emergency vaccines” means vaccines manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated in circumstances in which no other suitable licensed vaccines are readily available for such use;
“medicinal product” includes any substance or article specified in any Order made under
section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or
section 130(3A) of the Act which provides that such substance or article shall be treated as a medicinal product,
and includes any substance or article to be administered in a medicinal test on animals under section 32(6)(c) of the Act.
2
In these Regulations, unless the context otherwise requires, any reference to a regulation or a Schedule is a reference to a regulation of or Schedule to these Regulations, and any reference in a regulation or a Schedule or Part of a Schedule to a paragraph is a reference to a paragraph of the regulation or Schedule or Part of a Schedule.
Applications for licences and certificates
3
Subject to the following provisions of these Regulations, an applicant for the grant, renewal or variation of a product licence, a manufacturer’s licence, a wholesale dealer’s licence, or an animal test certificate, shall pay —
a
the relevant fee prescribed in Schedule 1;
b
in respect of any inspection in connection with a licence specified in Schedule 2, the relevant fee prescribed in that Schedule and made in accordance with that application.
Applications for multiple variations
4
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate in the same application.
Variations at the invitation of the licensing authority
5
No fee shall be payable for a variation made at the express written invitation of the licensing authority.
Renewals in terms which are not identical to the existing licence or certificate
6
Where an applicant applies for renewal of a licence or animal test certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable shall be the renewal fee plus the fee which would have been payable had a separate application been made for each variation.
Inspections of a site
7
1
Subject to paragraph (3), the holder of a manufacturer’s licence shall pay the relevant fee prescribed in Schedule 2 in respect of any inspection of a site and relating to that licence (except for any inspection for which a fee is payable relating to the grant, variation or renewal of a licence).
2
Where a product licence specifies a manufacturing site outside the European Union, and the site is inspected, the fee specified in Schedule 2 shall be payable by the product licence holder; and if there is more than one product licence holder, a fee shall be payable by each product licence holder, which shall be the amount specified in Schedule 2 divided between the holders of the product licences in proportion to the number of licences held.
3
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the licensing authority as the result of that previous inspection, have been implemented.
Product licences: annual fee
8
1
The holder of any product licence shall pay an annual fee calculated in accordance with Schedules 3 and 4 in respect of each calendar year in which he has sold, supplied or manufactured any medicinal product to which the licence relates.
2
All annual fees shall be payable during October of the year following the calendar year to which they relate.
Manufacturers' licences: annual fees
9
The holder of a manufacturer’s licence, other than one specified in paragraph 5(2) of Part II of Schedule 1, shall pay an annual fee of £200 payable on each anniversary of the grant of the licence.
Wholesale dealers' licences: annual fees
10
1
The holder of a wholesale dealer’s licence, other than one specified in paragraph (2), shall pay an annual fee of £400 payable on each anniversary of the grant of the licence.
2
In the case of a wholesale dealer who has a turnover in veterinary medicinal products —
a
of less than £30,000; or
b
of less than 15% of his total turnover
the annual fee for a wholesale dealer’s licence, accompanied (in either case) by a declaration certifying the low turnover, shall be £200.
3
For the purposes of this regulation, “turnover” means the gross value of all licensed veterinary medicinal products sold by way of wholesale dealing by the applicant in the United Kingdom during the previous calendar year.
Product licences and animal test certificates: references
11
In respect of any reference to the Veterinary Products Committee or to the Medicines Commission under section 21 of the Act in connection with a product licence or an animal test certificate, there shall be payable by the applicant at the time of the application the appropriate fee prescribed in Schedule 5.
Payment of fees to the Minister
12
Fees under these Regulations shall be payable to the Minister of Agriculture, Fisheries and Food.
Time for payment of fees in connection with applications or inspections and refunds of such fees
13
1
All fees under these Regulations in connection with any application (other than fees for inspections) shall be payable at the time of that application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the licence or certificate concerned, within 28 days of a request for a refund; or
b
a higher fee was properly payable, the balance due shall be payable within 28 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All fees for inspections made either in connection with an application or during the currency of a licence or certificate or in respect of samples submitted for testing shall become payable within 28 days following written notice from the licensing authority.
Late payment of annual fees
14
1
Where the annual fee for a product licence has not been paid by the end of the period of three months from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 5 per cent of the annual fee payable, in respect of every full calendar month during which the annual fee is not paid, rounded up to the nearest £10.
3
Where the holder or former holder of a licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 3 so that the annual fee payable cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if, in paragraph (2) above, the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation —
a
“due date” means the date upon which an annual fee became payable following written notice from the licensing authority;
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of licences
15
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Waiver, reduction or refund of fees
16
The licensing authority may waive payment of any fee, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 6.
Revocation and savings
17
1
Subject to paragraph (2), the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1992 are hereby revoked.
2
Paragraph (1) shall not affect —
a
any annual fee or part of such a fee under those Regulations;
b
any notice given or any suspension made under those Regulations and any such notice or suspension shall have effect as if given or made under these Regulations; and
c
any proceedings instituted under those Regulations.
Transitional provisions
18
1
Subject to paragraphs (2) and (3), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application to renew a licence or certificate is made before the date these Regulations come into force, and the licence or certificate is due to expire on or after 1st July 1994 the fee shall be that payable under these Regulations, and the balance due shall be payable within 28 days following written notice from the licensing authority.
Signed by authority of the Secretary of State for Health:
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th June 1994
Signed by the authority of the Secretary of State for Wales:
Wyn Roberts
Minister of State, Welsh Office
12th June 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th June 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
7th June 1994.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland
F. A. Elliott
Permanent Secretary
9th June 1994.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
J. Murray
Permanent Secretary
7th June 1994.
We Consent
Timothy Wood
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1994


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Order may be cited as the Treatment of Spruce Bark (Amendment) Order 1994, shall apply to England and Wales and shall come into force on 29th December 1994.
Amendment of the Treatment of Spruce Bark Order 1993
2
The Treatment of Spruce Bark Order 1993 shall be amended by substituting for the Schedule to that Order the Schedule to this Order.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
T J D Rollinson
Secretary to the Forestry Commissioners
1st December 1994.


text:
Citation and commencement.
1
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment No.3) Regulations 1994 and shall come into force on 31st December 1994.
2
In these Regulations, “the 1992 Regulations ” means the Non-Domestic Rating Contributions (England) Regulations 1992 .
Amendment to regulations 8 and 9 of the 1992 Regulations
2
In regulation 8(1) and (9) and in regulation 9(1) and (2) of the 1992 Regulations for “7A” shall be substituted “7A(5)”.
Amendments to Schedule 1 to the 1992 Regulations.
3
1
Schedule 1 to the 1992 Regulations (rules for the calculation of non-domestic rating contributions) shall be amended in relation to financial years beginning on or after 1st April 1995 in accordance with the following paragraphs.
2
In paragraph 1(4), for “1994” there shall be substituted “1995”.
3
In paragraph 4(1) —
a
for the formula there shall be substituted the following —
I × K J + L × N M + O
b
in the definition of “K” for “78 per cent.” there shall be substituted “76 per cent.”;
c
in the definition of “N” for “22 per cent.” there shall be substituted “24 per cent.”;
d
at the end there shall be added the following —
O is the total amount of the legal costs of the authority referred to in paragraph (5) below.
.
4
In paragraph 4(4), for “1994 is £69.5 million” there shall be substituted “1995 is £74,913,000”.
5
At the end of paragraph 4 there shall be inserted the following —
5
The legal costs referred to in this paragraph are the reasonable costs of another party to proceedings brought or defended by the authority where the following conditions are satisfied:
a
the proceedings in question were begun on or after 1st November 1993;
b
the authority notified the Secretary of State of its intention to bring or defend proceedings before it did so or, in the case of proceedings begun after 1st November 1993 and before 4th July 1994, before 1st October 1994;
c
the proceedings were brought or defended by the authority to clarify the law as respects liability for, or the authority’s powers to enforce, non-domestic rates;
d
the authority supplied the Secretary of State with advice in writing by counsel —
i
that the point of law concerned had not already been determined in previous proceedings;
ii
that a decision by the authority to bring or defend the proceedings, or to continue to do so, would be a reasonable decision;
e
the action was unsuccessful on that point of law and costs were awarded against the authority, or the authority withdrew from the proceedings as respects that point on the advice of counsel and payment by the authority of the other party’s reasonable costs was made by that party a condition of consenting to withdrawal;
f
the authority before 15th November in the immediately preceding financial year notified the Secretary of State of the outcome of the proceedings and of the amount of the costs;
g
the costs have been met by the authority; and
h
the costs have not been taken into account in a calculation for a preceding year.
6
For the purposes of paragraph (5) above —
a
references to proceedings are to proceedings in a court of law including the Lands Tribunal;
b
any appeal from a decision of a court or the Lands Tribunal shall be regarded as separate proceedings.
.
6
For the Table in Part II of the Schedule there shall be substituted the following Table —
COST FACTORS
Name or description of authority Cost factor
The Councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers and Watford 1.1646 The Councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St. Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead and Woking 1.1260 The Council of a district other than a district named above which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Isle of Wight, Kent, Oxfordshire or West Sussex 1.0599 The Council of a district other than a district named above or a district falling within the description given above 1 The Council of an inner London Borough 1.2538 The Council of an outer London Borough 1.1277 The Common Council of the City of London 1.6802 The Council of the Isles of Scilly 1
.
Amendments to Schedule 2 to the 1992 Regulations.
4
1
Schedule 2 to the 1992 Regulations (assumptions relating to provisional amounts) shall be amended in relation to the financial year beginning on or after 1st April 1995 in accordance with the following paragraphs.
2
In paragraph 2(12) at the beginning of paragraph (b) there shall be inserted “except in the financial year beginning on 1st April 1995,”.
3
In paragraph 2(12) for “0.91” there shall be substituted “0.97”.
4
In paragraph 8(1) for “2.1”, “2” and “1.85” there shall be substituted respectively “2.5”, “2.7” and “2.0”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
8th December 1994


text:
1
These Rules may be cited as the Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 1994 and shall come into force on 30th April 1994.
2
The Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 shall be amended as follows.
3
In Rule 1(4) —
a
for the definition of “Radio watch” there shall be substituted““Radio watch” means listening for signalling on the frequencies specified in Rules 11 and 11A”;and
b
the definition of “Specified” shall be omitted.
4
At the end of Rule 3 there shall be added the following paragraph:
6
Every fishing vessel to which these Rules apply shall on and after 30th April 1994 be provided, in addition to the radiotelephone required by paragraphs (2) to (4) above, with a VHF radiotelephone installation which shall include a transmitter and receiver. This equipment, if fitted on or after 30th April 1994, shall conform to the performance standard specified in Merchant Shipping Notice No. M 928.
.
5
In each of sub-paragraphs (a) and (b) of Rule 4(2) the word “and” shall be deleted at the end of paragraph (iii) and, before the punctuation mark at the end of the sub-paragraph there shall be inserted the words “, and” and the following paragraph —
v
the current consumed by the VHF radiotelephone receiver and one fifth of the current consumed by the VHF radidotelephone transmitter.
.
6
In Rule 6(1) the words “an aerial or” shall be omitted.
7
In Rule 6(2) the words “aerial or”, in each place where they appear, shall be omitted.
8
At the end of Rule 8(3) there shall be added the following sub-paragraph —
e
the VHF radiotelephone installation shall be in the upper part of the vessel, and control of the VHF channels shall be convenient to the place on board from which the vessel is normally navigated. Instructions giving a clear summary of the distress, urgency and safety procedures shall be displayed at the VHF radiotelephone operation position.
.
9
After Rule 11 there shall be inserted the following Rule:
11A
1
In addition to the requirements of Rule 11, at all times while a fishing vessel to which these Rules apply is at sea, continuous radio watch on 156.8 MHz (VHF Channel 16) shall be maintained at the place on board from which the vessel is normally navigated.
2
This radio watch may be discontinued —
a
when the receiver is being used for traffic on a frequency other than 156.8 MHz; or
b
when a watch is being maintained on a frequency other than 156.8 MHz for the purpose of a port operation, vessel movement or safety of navigation service.
3
A written summary shall be maintained of all communications relating to distress, urgency and safety received or transmitted on the VHF radiotelephone installation during the radio watch.
.
10
In Rule 12(1) the words “and (e)” shall be inserted after the words “Rule 8(3)(b)”.
11
At the end of Rule 13 there shall be added the following paragraph:
5
In every fishing vessel of Class III a radio log recording the following shall be kept —
a
the name and official number of the vessel;
b
the name of each person carrying out radio watches, and the times at which he begins and ends his periods of radio watch;
c
a summary of communications relating to distress, urgency and safety;
d
the position of the ship at the time such a communication is received or transmitted; and
e
the time at which any radio watch is for any reason discontinued, together with the reason, and the time the radio watch is resumed.
.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
19th April l994


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994 and shall come into force on 1st August 1994.
Amendment of the Council Tax Benefit (General) Regulations 1992
2
1
In regulation 4A of the Council Tax Benefit (General) Regulations 1992 (persons from abroad) —
a
in paragraph (4), at the end, there shall be added the following sub-paragraphs —
d
is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or
e
is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is —
i
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/ 148/EEC; or
ii
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; or
iii
a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or
iv
a person to whom paragraph (4A) applies; or
v
the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or
vi
adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.
;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Subject to paragraph (6) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
;
c
in paragraph (6) for the words “Paragraph (3)(b)” there shall be substituted the words “Paragraphs (3)(b) and (4A)”.
2
In the case of a person who was entitled to council tax benefit in respect of 31st July 1994, paragraph (1) above shall only apply to him —
a
on the day immediately following the day on which the person’s benefit period which includes 31st July 1994 ends; and
b
on any day thereafter.
Amendment of the Housing Benefit (General) Regulations 1987
3
1
In regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad) —
a
in paragraph (4), at the end, there shall be added the following sub-paragraphs —
d
is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or
e
is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is —
i
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/ 148/EEC; or
ii
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; or
iii
a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or
iv
a person to whom paragraph (4A) applies; or
v
the subject of a deportation order, being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State; or
vi
adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.
;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Subject to paragraph (6) this paragraph applies to a person who, having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
;
c
in paragraph (6) for the words “Paragraph (3)(b)” there shall be substituted the words “Paragraphs (3)(b) and (4A)”.
2
In the case of a person who was entitled to housing benefit in respect of 31st July 1994, paragraph (1) above shall only apply to him —
a
on the day immediately following the day on which the person’s benefit period which includes 31st July 1994 ends; and
b
on any day thereafter.
Amendment of the Income Support (General) Regulations 1987
4
1
In paragraph (3) of regulation 21 of the Income Support (General) Regulations 1987 (special cases) after the definition of “person from abroad” there shall be inserted the following definition —
“person from abroad” also means a claimant who is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose, no claimant shall be treated as not habitually resident in the United Kingdom who is —
a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC ; or
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ; or
a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State.
.
2
The provisions of this regulation shall only apply in the case of a claimant who was entitled to income support on 31st July 1994 where a claim for income support is made or treated as made by or in respect of him after that date, and where those provisions do apply they shall apply from the first day of the period in respect of which that claim is made.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
7th July 1994


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1994 and shall come into force on 11th April 1994.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983
Amendment of article 18 of the principal Scheme
2
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£2,184” there shall be substituted the amount “£2,236”.
Amendment of article 76 of the principal Scheme
3
In article 76 of the principal Scheme (review of decisions, assessments and awards) —
a
in paragraph (7) for the word “Nothing” there shall be substituted the words “Subject to paragraph (7A), nothing”; and
b
after paragraph (7) there shall be inserted the following paragraph —
7A
Any assessment made, given or upheld by the Pensions Appeal Tribunal under the Pensions Appeal Tribunals Acts 1943 and 1949 may be reviewed and revised by the Secretary of State where he is satisfied by fresh medical evidence of a deterioration in the disablement in respect of which the assessment was made.
.
Insertion of articles 76A, 76B and 76C into the principal Scheme
4
After article 76 of the principal Scheme (review of decisions, assessments and awards) there shall be inserted the following articles —
Suspension in individual cases — Pensions Appeal Tribunal
76A
1
Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a Pensions Appeal Tribunal, he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
2
Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.
3
A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
4
Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of a Pensions Appeal Tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.
5
Where an application for leave to appeal against a decision of a Pensions Appeal Tribunal is made to a Pensions Appeal Tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of the Pensions Appeal Tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
6
Where, on an appeal against a decision of a Pensions Appeal Tribunal, the court remits the matter for rehearing and determination by a Pensions Appeal Tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.
7
A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
8
In this article —
a
“appeal” means an appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943 ;
b
“application for leave to appeal” means an application for leave to appeal in the proceedings referred to in sub-paragraph (a) above, and, in England and Wales, an application for leave to appeal under Order 101, rule 3 of the Rules of the Supreme Court 1965 , in Scotland under rule 285 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 or, in Northern Ireland, under Order 101, rule 2 of the Rules of the Supreme Court (Northern Ireland) 1980 ;
c
“relevant period” means the period of one month beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
Suspension in individual cases — courts
76B
1
Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a court, he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
2
Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.
3
A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
4
Where the pensioner has been given notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
5
A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
6
In this article —
a
“appeal” means —
i
in England, Wales and Northern Ireland an appeal to the Court of Appeal or, in Scotland, a reclaiming motion to the Inner House of the Court of Session, against the determination of an application for judicial review;
ii
in England, Wales and Northern Ireland an appeal to the House of Lords against a decision of the Court of Appeal in an application referred to in head (i) above, or in Scotland, an appeal to the House of Lords against a decision of the Inner House of the Court of Session in a reclaiming motion in an application referred to in head (i) above;
b
“application for leave to appeal” means an application or petition for leave to appeal as the case may be in the proceedings referred to in heads (i) and (ii) of sub-paragraph (a) above;
c
“relevant period” means the period of three months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
Suspension in other cases
76C
1
Where it appears to the Secretary of State that —
a
an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a court in relation to a case (“the primary case”); and
b
if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of a pension or gratuity in that case ought to be reviewed,
he may direct that payment of the pension or gratuity under the award in the secondary case be suspended, in whole or in part —
i
until the time limit for making an application for leave to appeal in the primary case has expired; or
ii
if such an application is made, until such time as that application and any subsequent appeal has been determined, whichever is the later.
2
In this article the expressions “appeal” and “application for leave to appeal” have the same meanings as they have in article 76B.
.
Substitution of Schedules 3 and 4 to the principal Scheme
5
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedule set out in the Schedule to this Scheme and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 1994
We approve,
Andrew Mackay
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1994


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1994 and shall come into force on the following dates:
articles 1 and 2 30th November 1994 article 3 1st January 1995
2
Schedule 1 to the Value Added Tax Act 1994 shall be amended as follows:
a
in paragraphs 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b) for “£45,000” there shall be substituted “£46,000”, and
b
in paragraphs 1(3), 4(1) and 4(2) for “£43,000” there shall be substituted “£44,000”.
3
Schedule 3 to the Value Added Tax Act 1994 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£46,000” for “£45,000”.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994