text:
PART A
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Gas Safety (Installation and Use) Regulations 1994.
2
Subject to paragraphs (3) to (5), these Regulations shall come into force on 31st October 1994.
3
Regulation 3(3) insofar as it applies to the carrying out of work in relation to a gas storage vessel or in relation to gas fittings fuelled by gas conveyed from such a vessel shall come into force on 1st April 1995.
4
a
Regulation 14(2) and 14(5)(b) shall come into force on 1st January 1997;
b
Regulation 14(4) insofar as it applies to the installing of a regulator for regulating the pressure of gas from a gas storage vessel shall come into force on 1st January 1997.
5
Regulation 30(2) and (3) shall come into force on 1st January 1996.
General interpretation and application
2
1
In these Regulations, unless the context otherwise requires —
“distribution main” means any main through which a supplier or a transporter is for the time being distributing gas and which is not being used only for the purpose of conveying gas in bulk;
“emergency control” means a valve (not being a service valve) for shutting off the supply of gas in an emergency;
“flue” means a passage for conveying the products of combustion from a gas appliance to the external air and includes any part of the passage in a gas appliance duct which serves the purpose of a flue;
“gas” means any substance which is or (if it were in a gaseous state) would be gas within the meaning of the Gas Act 1986 ;
“gas appliance” means an appliance designed for use by a consumer of gas for heating, lighting, cooking or other purposes for which gas can be used, but, save for the purposes of regulations 3 and 35 of these Regulations, it does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;
“gas fittings” means gas pipework, valves, regulators and meters, and fittings, apparatus and appliances designed for use by consumers of gas for heating, lighting, cooking or other purposes for which gas can be used (other than the purpose of an industrial process carried out on industrial premises), but it does not mean —
any part of a service pipe; or
any part of a distribution main or other pipe upstream of the service pipe; or
a gas storage vessel; or
a gas cylinder or cartridge designed to be disposed of when empty;
“gas storage vessel” means a storage container designed to be filled or re-filled with gas at the place where it is connected for use or a re-fillable cylinder designed to store gas, and includes the vapour valve; but it does not include a cylinder or cartridge designed to be disposed of when empty;
“installation pipework” means any pipework for conveying gas for a particular consumer and any associated valve or other gas fitting, but it does not mean —
a service pipe; or
a pipe comprised in a gas appliance; or
any valve attached to a storage container or cylinder; or
service pipework; or
any part of a primary meter installation;
“meter by pass” means any pipe and other gas fittings used in connection with it through which gas can be conveyed from a service pipe or service pipework to installation pipework without passing through the meter;
“primary meter” means a meter connected to a service pipe or service pipework for ascertaining the quantity of gas supplied through that pipe or pipework;
“primary meter installation” means a primary meter and the pipes and other gas fittings used in connection with it, including any meter by pass, installed between the outlet of the emergency control and the outlet connection of the meter or the outlet of the common connection of the meter and any meter by pass or any other primary meter as the case may be;
“public gas supplier” has the meaning assigned to it by section 48(1) of the Gas Act 1986;
“the responsible person”, in relation to any premises, means the occupier of the premises or, where there is no occupier or the occupier is away, the owner of the premises or any person with authority for the time being to take appropriate action in relation to any gas fitting therein;
“room-sealed appliance” means an appliance whose combustion system is sealed from the room in which the appliance is located and which obtains air for combustion from a ventilated uninhabited space within the premises or from the open air outside the premises and which vents the products of combustion to open air outside the premises;
“service pipe” means a pipe for supplying gas to premises from a distribution main, being any pipe between the distribution main and the emergency control nearest upstream to the primary meter;
“service pipework” means a pipe for supplying gas to premises from a gas storage vessel, being any pipe between the gas storage vessel and the outlet of the emergency control;
“service valve” means a valve for controlling a supply of gas incorporated in a service pipe and not situated inside a building;
“supplier” in relation to gas means —
a person who supplies gas to any premises through a primary meter; or
a person who provides a supply of gas to a consumer by means of the filling or re-filling of a storage container designed to be filled or re-filled with gas at the place where it is connected for use whether or not such container is or remains the property of the supplier; or
a person who provides gas in re-fillable cylinders for use by a consumer whether or not such cylinders are filled or re-filled directly by that person and whether or not such cylinders are or remain the property of that person, but a retailer shall not be deemed to be a supplier when he sells a brand of gas other than his own;
“transporter” in relation to gas means a person, other than a supplier, who conveys gas through a distribution main;
“work” in relation to a gas fitting includes any of the following activities carried out by any person, whether an employee or not, that is to say —
installing the fitting;
maintaining, servicing, permanently adjusting, repairing, altering or renewing the fitting or purging it of air or gas;
where the fitting is not readily movable, changing its position; and
removing the fitting.
2
For the purposes of these Regulations —
a
any reference to installing a gas fitting includes a reference to converting any pipe, fitting, meter, apparatus or appliance to gas use; and
b
a person to whom gas is supplied and who provides that gas for use in a flat or part of premises let by him shall not in so doing be deemed to be supplying gas.
3
Subject to paragraphs (4) and (5) below, these Regulations shall apply to or in relation to gas fittings used in connection with —
a
gas which has been conveyed to premises through a distribution main, or
b
gas conveyed from a gas storage vessel.
4
Save for regulation 36 below, these Regulations shall not apply in relation to the supply of gas to, or anything done in respect of a gas fitting at, the following premises, that is to say —
a
a mine or quarry within the meaning of the Mines and Quarries Act 1954 or any place deemed to form part of a mine or quarry for the purposes of that Act; or
b
a factory within the meaning of the Factories Act 1961 ; or
c
agricultural premises, being agricultural land, including land being or forming part of a market garden, and any building thereon which is used in connection with agricultural operations; or
d
temporary installations used in connection with any building operation or work of engineering construction (both within the meaning of the Factories Act 1961),
but they shall apply in relation to such premises or part thereof used for domestic or residential purposes or as sleeping accommodation.
5
Nothing in these Regulations shall apply in relation to the supply of gas to, or anything done in respect of a gas fitting on:
a
a self-propelled vehicle; or
b
a sea-going ship; or
c
a vessel not requiring a national or international load line certificate except when such vessel is hired out in the course of a business; or
d
a hovercraft; or
e
a caravan used for touring otherwise than when hired out in the course of a business.
PART B
GAS FITTINGS — GENERAL PROVISIONS
Qualification and supervision
3
1
No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so.
2
The employer of any person carrying out such work for that employer shall ensure that paragraph (1) above is complied with.
3
Without prejudice to the generality of paragraphs (1) and (2) above, no employer shall allow any of his employees to carry out any work in relation to a gas fitting or gas storage vessel and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph.
4
An approval given pursuant to paragraph (3) above (and any withdrawal of such approval) shall be in writing and notice of it shall be given to such persons and in such manner as the Health and Safety Executive considers appropriate.
5
The employer of any person carrying out any work in relation to a gas fitting or gas storage vessel in the course of his employment shall ensure that such of the following provisions of these Regulations as impose duties upon that person and are for the time being in force are complied with by that person.
6
No person shall falsely pretend to be a member of a class of persons required to be approved under paragraph (3) above.
Duty on employer
4
Where an employer or a self-employed person requires any work in relation to a gas fitting to be carried out at any place of work under his control, he shall take reasonable steps to ensure that the person undertaking that work is, or is employed by, a member of a class of persons approved by the Health and Safety Executive under regulation 3(3) above.
Materials and workmanship
5
1
No person shall install a gas fitting unless every part of it is of good construction and sound material, of adequate strength and size to secure safety and of a type appropriate for the gas with which it is to be used.
2
Without prejudice to the generality of paragraph (1) above, no person shall install in a building any pipe or pipe fitting for use in the supply of gas which is —
a
made of lead or lead alloy; or
b
made of a non-metallic substance unless it is —
i
a pipe connected to a readily movable gas appliance designed for use without a flue; or
ii
a pipe entering the building and that part of it within the building is placed inside a metallic sheath which is so constructed and installed as to prevent, so far as is reasonably practicable, the escape of gas into the building if the pipe should fail.
3
No person shall carry out any work in relation to a gas fitting or gas storage vessel otherwise than in accordance with appropriate standards and in such a way as to prevent danger to any person.
General safety precautions
6
1
No person shall carry out any work in relation to a gas fitting in such a manner that gas could be released unless steps are taken to prevent the gas so released constituting a danger to any person.
2
No person carrying out work in relation to a gas fitting shall leave the fitting unattended unless every incomplete gasway has been sealed with the appropriate fitting so as to be gastight or the gas fitting is otherwise safe.
3
Any person who disconnects a gas fitting shall, with the appropriate fitting, seal off every outlet of every pipe to which it was connected.
4
No person carrying out work in relation to a gas fitting which involves exposing gasways which contain or have contained flammable gas shall smoke or use any source of ignition in such a manner as may lead to the risk of fire or explosion.
5
No person searching for an escape of gas shall use any source of ignition.
6
Where a person carries out any work in relation to a gas fitting which might affect the gas tightness of the gas installation he shall immediately thereafter test the installation for gas tightness at least as far as the nearest valves upstream and downstream in the installation.
7
No person shall install a gas storage vessel unless the site where it is to be installed is such as to ensure that the gas storage vessel can be used, filled or re-filled without causing a danger to any person.
8
No person shall install in a cellar or basement —
a
a gas storage vessel; or
b
an appliance fuelled by liquefied petroleum gas which has an automatic ignition device or a pilot light.
9
No person shall intentionally or recklessly interfere with a gas storage vessel or otherwise do anything which might affect a gas storage vessel so that the subsequent use of that vessel might cause a danger to any person.
Protection against damage
7
1
Any person installing a gas fitting shall ensure that it is properly supported and so placed or protected as to avoid any undue risk of damage to the fitting.
2
No person shall install a gas fitting if he has reason to suspect that foreign matter may block or otherwise interfere with the safe operation of the fitting, unless he has fitted to the gas inlet of, and any airway in, the fitting of a suitable filter or other suitable protection.
3
No person shall install a gas fitting in a position where it is likely to be exposed to any substance which may corrode gas fittings unless the fitting is constructed of materials which are inherently resistant to being so corroded or it is suitably protected against being so corroded.
Existing gas fittings
8
1
No person shall make any alteration to any premises which would adversely affect the safety of a gas fitting or a gas storage vessel in such a manner that, if the fitting or the vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these Regulations.
2
No person shall do anything which would affect a gas fitting or any flue or means of ventilation used in connection with the fitting in such a manner that the subsequent use of the fitting might constitute a danger to any person.
Emergency controls
9
1
No person shall for the first time enable gas to be supplied for use in any premises unless there is provided an appropriately sited emergency control to which there is adequate access.
2
Any person installing an emergency control shall ensure that —
a
any key, lever or hand-wheel of the control is securely attached to the operating spindle of the control;
b
any such key or lever is attached so that —
i
the key or lever is parallel to the axis of the pipe in which the control is installed when the control is in the open position, and
ii
where the key or lever is not attached so as to move only horizontally, gas cannot pass beyond the control when the key or lever has been moved as far as possible downwards;
c
either the means of operating the key or lever is clearly and permanently marked or a notice in permanent form is prominently displayed near such means so as to indicate when the control is open and when the control is shut;
d
any hand-wheel indicates the direction of opening or closing of the control.
3
Where a person installs an emergency control which is not adjacent to a primary meter installation, he shall immediately thereafter prominently display on or near the means of operating the control a suitably worded notice in permanent form indicating the procedure to be followed in the event of an escape of gas.
4
Where any person first supplies gas to premises where an emergency control is installed, he shall ensure that the notice required by paragraph (3) above remains suitably worded or shall, where necessary, forthwith amend or replace that notice so as to give effect to the provisions of that paragraph.
5
This regulation shall not apply where gas is supplied in a refillable cylinder except where two or more cylinders are connected by means of an automatic change-over device.
Equipotential bonding
10
In any case where it is necessary to prevent danger, no person shall carry out work in relation to a gas fitting without using a suitable bond to maintain electrical continuity until the work is completed and permanent electrical continuity has been restored.
PART C
METER INSTALLATIONS AND REGULATORS
Interpretation of Part C
11
In this Part —
“meter box” means a receptacle or compartment designed and constructed to contain a meter with its associated fittings;
“meter compound” means an area or room designed and constructed to contain one or more meters with their associated fittings;
“secondary meter” means a meter, other than a primary meter, for ascertaining the quantity of gas provided by a person for use by another person, whether or not there is also a primary meter in respect of the gas supplied.
Meters — general provisions
12
1
No person shall install a meter in any premises unless the site where it is to be installed is such as to ensure so far as is reasonably practicable that the means of escape from those premises in the event of fire is not adversely affected.
2
No person shall install a meter in any premises unless it is of sound construction adequate to ensure so far as is reasonably practicable that in the event of fire gas is not able to escape in hazardous quantities, save that this paragraph shall not apply to any meter installed in non-domestic premises to which gas is supplied through a readily accessible service valve.
3
No person shall install a meter unless the installation is so placed as to ensure that there is no risk of damage to it from electrical apparatus.
4
No person shall install a meter except in a readily accessible position for inspection and maintenance.
5
Where a meter has bosses or side pipes attached to the meter by a soldered joint only, no person shall make rigid pipe connections to the meter.
6
Where a person installs a meter and the pipes and other gas fittings associated with it, he shall ensure that —
a
immediately thereafter they are adequately tested to verify that they are gas tight and examined to verify that they have been installed in accordance with these Regulations; and
b
immediately after such testing and examination, purging is carried out throughout the meter and every other gas fitting through which gas can then flow so as to remove safely all air and gas other than the gas to be supplied.
Meter housings
13
1
Where a meter is housed in a meter box or meter compound attached to or built into the external face of the outside wall of any premises, the meter box or meter compound shall be so constructed and installed that any gas escaping within the box or compound cannot enter the premises or any cavity in the wall but must disperse to the external air.
2
No person shall knowingly store readily combustible materials in any meter box or meter compound.
3
No person shall install a meter in a meter box provided with a lock, unless the consumer has been provided with a suitably labelled key to that lock.
4
No person shall install a meter within a meter compound which is capable of being secured unless the consumer has been provided with a suitably labelled key for that compound.
Regulators
14
1
No person shall install a primary meter or meter by pass used in connection with a primary meter unless —
a
there is a regulator controlling the pressure of gas supplied through the meter or the by pass, as the case may be, which provides adequate automatic means for preventing the gas fittings connected to the downstream side of the regulator from being subjected to a pressure greater than that for which they were designed;
b
where the normal pressure of the gas supply is 75 millibars or more at the inlet to the regulator, there are also adequate automatic means for preventing, in case the regulator should fail, those gas fittings from being subjected to such a greater pressure; and
c
where the regulator contains a relief valve or liquid seal, such valve or seal is connected to a vent pipe of adequate size and so installed that it is capable of venting safely.
2
Without prejudice to the requirements of paragraph (1), no person shall cause gas to be supplied from a gas storage vessel to any service pipework or gas fitting unless —
a
there is a regulator installed which provides adequate automatic means for preventing the installation pipework and gas fittings downstream of the regulator from being subjected to a pressure different from that for which they were designed; and
b
there is an adequate alternative automatic means for preventing the service pipework from being subjected to a greater pressure than that for which it was designed.
3
The requirements of paragraph (2)(a) and (b) above shall not apply where the supply of gas —
a
is from a re-fillable cylinder which is filled other than at the place where it is connected; and
b
passes through a regulator which controls the nominal operating pressure of that gas.
4
Where a person installs a regulator for controlling the pressure of gas through a primary meter, a meter by pass used in connection with a primary meter or from a gas storage vessel, or installs a gas appliance itself fitted with a regulator for controlling the pressure of gas to that appliance, he shall immediately thereafter ensure, in either case, that the regulator is adequately sealed so as to prevent its setting from being interfered with without breaking of the seal.
5
In relation to —
a
gas from a distribution main, no person except the transporter or a person authorised to act on his behalf; and
b
gas from a gas storage vessel, no person except the supplier or a person authorised to act on his behalf,
shall break a seal applied under paragraph (4) above.
Meters — emergency notices
15
1
No person shall supply gas through a primary meter installed after the coming into force of these Regulations or for the first time supply gas through an existing primary meter after the coming into force of these Regulations unless he ensures that a suitably worded notice in permanent form is prominently displayed on or near the meter indicating the procedure to be followed in the event of an escape of gas.
2
Where a meter is installed in any premises at a distance of more than 2 metres from, or out of sight of, the nearest upstream emergency control in the premises, no person shall supply or provide gas for the first time through the meter unless he ensures that a suitably worded notice in permanent form is prominently displayed on or near the meter indicating the position of that control.
Primary meters
16
1
No person shall install a prepayment meter as a primary meter through which gas passes to a secondary meter.
2
Any person who first allows gas through any service pipe or service pipework after the coming into force of these Regulations to more than one primary meter shall ensure that a notice in permanent form is prominently displayed on or near each primary meter indicating that this is the case.
3
Where a primary meter is removed, the person who last supplied gas through the meter before removal shall —
a
where the meter is not forthwith re-installed or replaced by another meter —
i
close any service valve which controlled the supply of gas to that meter and did not control the supply of gas to any other primary meter; and
ii
clearly mark any live gas pipe in the premises in which the meter was installed to the effect that the pipe contains gas; and
b
where the meter has not been re-installed or replaced by another meter before the expiry of the period of 12 months beginning with the date of removal of the meter and there is no such service valve as is mentioned in sub-paragraph (a)(i) above, ensure that the service pipe or service pipework for those premises is disconnected as near as is reasonably practicable to the main or storage vessel and that any part of the pipe or pipework which is not removed is sealed at both ends with the appropriate fitting.
Secondary meters
17
Any person providing gas through a secondary meter shall ensure that a notice in permanent form is prominently displayed on or near the primary meter or gas storage vessel, as the case may be, indicating the number and location of secondary meters installed.
PART D
INSTALLATION PIPEWORK
Safe use of pipes
18
1
No person shall install any installation pipework in any position in which it cannot be used with safety having regard to the position of other pipes, pipe supports, drains, sewers, cables, conduits and electrical apparatus and to any parts of the structure of any premises in which it is installed which might affect its safe use.
2
Any person who connects any installation pipework to a primary meter installation shall, in any case where electrical cross-bonding may be necessary, inform the responsible person that such cross-bonding should be carried out by a competent person.
Enclosed pipes
19
1
No person shall install any part of any installation pipework in a wall or a floor or standing of solid construction unless it is so constructed and installed as to be protected against failure caused by the movement of the wall, the floor or the standing as the case may be.
2
No person shall install any installation pipework so as to pass through a wall or a floor or standing of solid construction from one side to the other unless any part of the pipe within such wall, floor or standing as the case may be —
a
takes the shortest practicable route; and
b
is enclosed in a gastight sleeve and the pipe and the sleeve are so constructed and installed as to prevent, as far as is reasonably practicable having regard to paragraph (1) above, gas passing along any space between the pipe and the sleeve or between the sleeve and such a wall, floor or standing as the case may be.
3
No person shall install any part of any installation pipework in the cavity of a cavity wall unless the pipe is to pass through the wall from one side to the other.
4
No person shall install any installation pipework or any service pipework under the foundations of a building or in the ground under the base of a wall or footings unless adequate steps are taken to prevent damage to the installation pipework or service pipework in the event of the movement of those structures or the ground.
5
Where any installation pipework is not itself contained in a ventilated duct, no person shall install any installation pipework in any shaft, duct or void which is not adequately ventilated.
Protection of buildings
20
No person shall install any installation pipework in a way which would impair the structure of a building or impair the fire resistance of any part of its structure.
Clogging precautions
21
No person shall install any installation pipework in which deposition of liquid or solid matter is likely to occur unless a suitable vessel for the reception of any deposit which may form is fixed to the pipe in a conspicuous and readily accessible position and safe means are provided for the removal of the deposit.
Testing and purging of pipes
22
1
Where a person carries out work in relation to any installation pipework which might affect the gastightness of any part of it, he shall immediately thereafter ensure that —
a
that part is adequately tested to verify that it is gastight and examined to verify that it has been installed in accordance with these Regulations; and
b
after such testing and examination, any necessary protective coating is applied to the joints of that part.
2
Where gas is being supplied to any premises in which any installation pipework is installed and a person carries out work in relation to the pipework, he shall also ensure that —
a
immediately after complying with the provisions of sub-paragraphs (a) and (b) of paragraph (1) above, purging is carried out throughout all installation pipework through which gas can then flow so as to remove safely all air and gas other than the gas to be supplied;
b
immediately after such purging, if the pipework is not to be put into immediate use, it is sealed off at every outlet with the appropriate fitting;
c
if such purging has been carried out through a loosened connection, the connection is retested for gastightness after it has been retightened; and
d
every seal fitted after such purging is tested for gastightness.
3
Where gas is not being supplied to any premises in which any installation pipework is installed —
a
no person shall permit gas to pass into the installation pipework unless he has caused such purging, testing and other work as is specified in sub-paragraphs (a) to (d) of paragraph (2) above to be carried out;
b
a person who provides a gas supply to those premises shall, unless he complies with sub-paragraph (a) above, ensure that the supply is sealed off with an appropriate fitting.
Marking of pipes
23
1
Any person installing, elsewhere than in any premises or part of premises used only as a dwelling or for living accommodation, a part of any installation pipework which is accessible to inspection shall permanently mark that part in such a manner that it is readily recognisable as part of a pipe for conveying gas.
2
The responsible person for the premises in which any such part is situated shall ensure that the part continues to be so recognisable so long as it is used for conveying gas.
Large consumers
24
1
Where the service pipe to any building having two or more floors to which gas is supplied or (whether or not it has more than one floor) a floor having areas with a separate supply of gas, has an internal diameter of 50mm or more, no person shall install any incoming installation pipework supplying gas to any of those floors or areas, as the case may be, unless —
a
a valve is installed in the pipe in a conspicuous and readily accessible position; and
b
a line diagram in permanent form is attached to the building in a readily accessible position as near as practicable to the primary meter or gas storage vessel, as the case may be, indicating the position of all installation pipework of internal diameter of 25mm or more, meters, emergency controls, valves and pressure test points of the gas supply systems in the building.
2
Paragraph (1) above shall apply to service pipework as it applies to a service pipe except that reference therein to “50mm or more” is to be reference to “30mm or more”.
3
In paragraph (1)(b) above “pressure test point” means a gas fitting to which a pressure gauge can be connected.
PART E
GAS APPLIANCES
Interpretation of Part E
25
In this Part —
“flue pipe” means a pipe forming a flue but does not include a pipe built as a lining into either a chimney or a gas appliance ventilation duct;
“operating pressure”, in relation to a gas appliance, means the pressure of gas at which it is designed to operate.
Gas appliances — safety precautions
26
1
No person shall install a gas appliance unless it can be used without constituting a danger to any person.
2
No person shall connect a flued domestic gas appliance to the gas supply system except by a permanently fixed rigid pipe.
3
No person shall install a used gas appliance without verifying that it is in a safe condition for further use.
4
No person shall install a gas appliance which does not comply with any enactment imposing a prohibition or restriction on the supply of such an appliance on grounds of safety.
5
No person carrying out the installation of a gas appliance shall leave it connected to the gas supply unless the appliance can be used safely.
6
No person shall install a gas appliance without there being at the inlet to it means of shutting off the supply of gas to the appliance unless the provision of such means is not reasonably practicable.
7
No person shall carry out any work in relation to a gas appliance which bears an indication that it conforms to a type approved by any person as complying with safety standards in such a manner that the appliance ceases to comply with those standards.
8
No person carrying out work in relation to a gas appliance which bears an indication that it so conforms shall remove or deface the indication.
9
Where a person performs work on a gas appliance, he shall immediately thereafter examine —
a
the effectiveness of any flue,
b
the supply of combustion air,
c
its operating pressure and heat input,
d
its operation so as to ensure its safe functioning,
and forthwith take all reasonably practicable steps to notify any defect to the responsible person and, where different, the owner of the premises in which the appliance is situated or, where neither is reasonably practicable, the supplier of gas to the appliance.
Flues
27
1
No person shall install a gas appliance to any flue unless the flue is suitable and in a proper condition for the safe operation of the appliance.
2
No person shall install a flue pipe so that it enters a brick or masonry chimney in such a way that the seal between the flue pipe and the chimney cannot be inspected.
3
No person shall connect a gas appliance to a flue which is surrounded by an enclosure unless that enclosure is so sealed that any spillage of products of combustion cannot pass from the enclosure to any room or internal space other than the room or internal space in which the appliance is installed.
4
No person shall install a power operated flue system for a gas appliance unless it safely prevents the operation of the appliance if the draught fails.
Access
28
No person shall install a gas appliance except in such a manner that it is readily accessible for operation, inspection and maintenance.
Manufacturer’s instructions
29
Any person who installs a gas appliance shall leave for the use of the owner or occupier of the premises in which the appliance is installed all instructions provided by the manufacturer accompanying the appliance.
Room-sealed appliances
30
1
No person shall install a gas appliance in a room used or intended to be used as a bathroom or a shower room unless it is a room-sealed appliance.
2
No person shall install a gas fire, other gas space heater or a gas water heater of more than 14 kilowatt heat input in a room used or intended to be used as sleeping accommodation unless the appliance is a room-sealed appliance.
3
No person shall install a gas fire, other gas space heater or a gas water heater of 14 kilowatt heat input or less in a room used or intended to be used as sleeping accommodation unless —
a
it is a room-sealed appliance; or
b
it incorporates a safety control designed to shut down the appliance before there is a build up of a dangerous quantity of the products of combustion in the room concerned.
Suspended appliances
31
No person shall install a suspended gas appliance unless the installation pipework to which it is connected is so constructed and installed as to be capable of safely supporting the weight imposed on it and the appliance is designed to be so supported.
Flue dampers
32
1
Any person who installs an automatic damper to serve a gas appliance shall —
a
ensure that the damper is so interlocked with the gas supply to the burner that burner operation is prevented in the event of failure of the damper when not in the open position, and
b
immediately after installation examine the appliance and the damper to verify that they can be used together safely without constituting a danger to any person.
2
No person shall install a manually operated damper to serve a domestic gas appliance.
3
No person shall install a domestic gas appliance to a flue which incorporates a manually operated damper unless the damper is permanently fixed in the open position.
Testing of appliances
33
1
Where a person installs a gas appliance at a time when gas is being supplied to the premises in which the appliance is installed, he shall immediately thereafter test its connection to the installation pipework to verify that it is gastight and examine the appliance and the gas fittings and other works for the supply of gas and any flue or means of ventilation to be used in connection with the appliance for the purpose of ascertaining whether —
a
the appliance has been installed in accordance with these Regulations;
b
the operating pressure is as recommended by the manufacturer;
c
the appliance has been installed with due regard to any manufacturer’s instructions provided to accompany the appliance; and
d
all gas safety controls are in proper working order.
2
Where a person carries out such testing and examination in relation to a gas appliance and adjustments are necessary to ensure compliance with the requirements specified in sub-paragraphs (a) to (d) of paragraph (1) above, he shall either carry out those adjustments or disconnect the appliance from the gas supply.
3
Where gas is not being supplied to any premises in which any gas appliance is installed —
i
no person shall subsequently permit gas to pass into the appliance unless he has caused such testing, examination and adjustment as is specified in paragraphs (1) and (2) above to be carried out;
ii
a person who subsequently provides a gas supply to those premises shall, unless he complies with sub-paragraph (1) above, ensure that the appliance is sealed off from the gas supply with an appropriate fitting.
Unsafe appliances
34
1
The responsible person for any premises shall not use a gas appliance or permit a gas appliance to be used if at any time he knows or has reason to suspect —
a
that there is insufficient supply of air available for the appliance for proper combustion at the point of combustion;
b
that the removal of the products of combustion from the appliance is not being or cannot safely be carried out;
c
that the room or internal space in which the appliance is situated is not adequately ventilated for the purpose of providing air containing a sufficiency of oxygen for the persons present in the room, or in, or in the vicinity of, the internal space while the appliance is in use;
d
that any gas is escaping from the appliance or from any gas fitting used in connection with the appliance; or
e
that the appliance or any part of it or any gas fitting or other works for the supply of gas used in connection with the appliance is so faulty or maladjusted that it cannot be used without constituting a danger to any person.
2
Any person engaged in carrying out any work in relation to a gas main, service pipe, service pipework, gas storage vessel or gas fitting who knows or has reason to suspect that any defect or other circumstance referred to in paragraph (1) above exists shall forthwith take all reasonably practicable steps to inform the responsible person for the premises in which the appliance is situated and, where different, the owner of the appliance or, where neither is reasonably practicable, the supplier of gas to the appliance.
3
In paragraph (2) above the expression “work” shall be construed as if, in the definition of “work” in regulation 2(1) above, every reference to a gas fitting were a reference to a gas main, service pipe, service pipework, gas storage vessel or gas fitting.
PART F
MISCELLANEOUS
Maintenance
35
1
It shall be the duty of every employer or self-employed person to ensure that any gas appliance or installation pipework installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person.
2
It shall be the duty of any person who owns a gas appliance or any installation pipework installed in premises or any part of premises let by him to ensure that such appliance or installation pipework is maintained in a safe condition so as to prevent risk of injury to any person.
3
Without prejudice to the generality of paragraph (2) above, a person subject to a duty imposed by that paragraph shall —
a
ensure that each appliance to which that duty extends is checked for safety at intervals of not more than 12 months by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of regulation 3(3) of these Regulations; and
b
keep a record in respect of the appliances to which that duty extends of the dates of inspection, the defects identified and any remedial action taken.
4
The record referred to in paragraph (3)(b) above shall be made available upon request and upon reasonable notice for the inspection of any tenant who may be affected by the use or operation of any appliance to which the record relates.
Escape of gas
36
1
Where any gas escapes from any pipe of a gas supplier, or from any pipe, other gas fitting or gas storage vessel used by a person supplied with gas by a gas supplier, the supplier of the gas shall, within 12 hours of being so informed of the escape, prevent the gas escaping (whether by cutting off the supply of gas to any premises or otherwise).
2
If the responsible person for any premises knows or has reason to suspect that gas is escaping into those premises, he shall immediately take all reasonable steps to cause the supply of gas to be shut off at such place as may be necessary to prevent further escape of gas.
3
If gas continues to escape into those premises after the supply of gas has been shut off or when a smell of gas persists, the responsible person for the premises discovering such escape or smell shall immediately give notice of the escape or smell to the supplier of the gas.
4
Where an escape of gas has been stopped by shutting off the supply, no person shall cause or permit the supply to be re-opened (other than in the course of repair) until all necessary steps have been taken to prevent a recurrence of such escape.
5
In any proceedings for an offence under paragraph (1) above it shall be a defence for the supplier of the gas to prove that it was not reasonably practicable for him effectually to prevent the gas from escaping within the period of 12 hours referred to in that paragraph, and that he did effectually prevent the escape of gas as soon as it was reasonably practicable for him to do so.
6
Nothing in paragraphs (1) and (5) above shall prevent the supplier of the gas appointing another person to act on his behalf to prevent an escape of gas supplied by that supplier.
7
Nothing in paragraphs (1) and (5) above shall apply to gas supplied by a public gas supplier.
Exception as to liability
37
No person shall be guilty of an offence by reason of contravention of regulation 3(2) or (5), 5(1), 7(3), 15, 16(2) or (3), 17, 30, 33(1) or 35 in any case in which he can show that he took all reasonable steps to prevent that contravention.
Exemption certificates
38
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case;
it is satisfied that the health and safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it.
Revocation
39
The Gas Safety (Installation and Use) Regulations 1984 and the Gas Safety (Installation and Use) (Amendment) Regulations 1990 are hereby revoked.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
15th July 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Income Tax (Indexation) Order 1994.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1995-96 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In subsection (2) of section 1 of the said Act (the charge to income tax) —
a
in paragraph (aa) (lower rate limit) — £3,100;
b
in paragraph (b) (basic rate limit) — £24,300.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,525;
b
in subsection (2) (personal allowance — age 65 to 74) — £4,300;
c
in subsection (3) (personal allowance — age 75 and over) — £4,470;
d
in subsection (5) (income limit for age-related allowances) — £14,600.
4
In subsection (5) of section 257A of the said Act (married couple’s allowance — income limit for age-related allowances) — £14,600.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Croydon) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Croydon except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Croydon as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Croydon) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Croydon as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
1
These Regulations may be cited as the Parental Responsibility Agreement (Amendment) Regulations 1994 and shall come into force on 3rd January 1995.
2
The form set out in the Schedule to the Parental Responsibility Agreement Regulations 1991 shall be replaced by the form set out in the Schedule to these Regulations.
Mackay of Clashfern
Dated 8th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Essex Rivers Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th March 1994.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the Essex Rivers 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 December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1994 and shall come into force on the 14th March 1994.
2
In this Order — “ the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Virginia Bottomley
Secretary of State for Health
21st February 1994
We consent,
Andrew Mackay
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the York Health Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th February 1994.
2
In this Order —
“the Authority” means the North Yorkshire Health Authority;
“the Trust” means the York Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 5th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
13th January 1994


text:
Citation and commencement
1
These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1994 and shall come into force on 4th November 1994.
Amendment of the Seed Potatoes Regulations 1991
2
1
The Seed Potatoes Regulations 1991( ) shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) there shall be inserted in the appropriate places the following definitions:–
“Community grade” in relation to basic seed potatoes means one of the grades determined by Commission Directive 93/17/ EEC determining Community grades of basic );
;
“relevant authority” means the authority in the country or place where seed potatoes are produced which is concerned with the certification and classification of seed potatoes in that country or place;
.
3
In regulation 6 (marketing of seed potatoes) after paragraph (2) there shall be added the following paragraph:–
3
Subject to the provisions of regulation 21, no person shall market any seed potatoes within the protected region other than basic seed potatoes of a Community grade.
.
4
After regulation 7 (classification of seed potatoes) there shall be added the following regulation:–
Grading of seed potatoes
7A
1
Basic seed potatoes marketed within the protected region shall be graded by an authorised officer into one of the Community grades.
2
Basic seed potatoes marketed outside the protected region which fulfil the requirements of a Community grade may be graded by an authorised officer into that Community grade.
.
5
In regulation 11(7) (labelling of packages) the word “or” shall be inserted between the words “official document,” and “any label”.
6
In Schedule 1 (classification of seed potatoes)–
a
in Part I, for paragraph 3(c) there shall be substituted the following:–
c
the land on which the seed potatoes are growing or were grown is land which is not contaminated with Wart Disease ( Synchytrium endobioticum (Schilb.) Perc.) and has not been deemed in terms of Schedule 11 to the Plant Health (Great Britain) Order 1993( ) to be part of a safety zone for the purpose of that Order;
;
b
in Part II–
i
for paragraph 4(a)(i) there shall be substituted the following:–
i
the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode ( Globodera species infecting potatoes); and if potato cyst nematode has been found on that land at any time during the period of 12 years immediately preceding the planting of the crop that–
aa
the land is no longer demarcated as infected with potato cyst nematode under Schedule 12 to the Plant Health (Great Britain) Order 1993;
bb
six years have elapsed since the last positive finding; and
cc
except as authorised by an inspector under paragraph 5 of Schedule 12 to the Plant Health (Great Britain) Order 1993, the land has not been used for growing potatoes at any time during the period of 11 years immediately preceding the planting of the crop; and
;
ii
in paragraph 4(b) for the words “article 22(3) of the Plant Health (Great Britain) Order 1987” there shall be substituted the words “article 18(4) of the Plant Health (Great Britain) Order 1993”;
c
in Part III, for paragraph 6(2)(a)(i) there shall be substituted the following:–
i
the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode; and the land is no longer demarcated as infected with potato cyst nematode under Schedule 12 to the Plant Health (Great Britain) Order 1993;
.
7
In paragraph 2 of Schedule 3 (classification of basic seed potatoes)–
a
in column 2 (requirements)–
i
opposite the entries relating to classes VTSC 1, VTSC 2, Super Elite 1 ( SE1 ), Super Elite 2 ( SE2 ) and Super Elite 3 ( SE3 ) there shall be added at the end–
Provided that any of the above seed potatoes may also be derived from seed potatoes classified under a scheme or other arrangements referred to in paragraph 4(c)(ii) or (iii) of Schedule 1 as being seed potatoes which could be entered for the production of further seed potatoes for classification.
;
ii
opposite the entry relating to class Elite 2 (E2) there shall be added at the end–
Provided that any of the above seed potatoes may also be derived from seed potatoes which have been found to meet the requirements of Commission Directive 93/17/EEC and which have been designated by the relevant authority as Community grade EEC1 or EEC2
;
b
in column 3 (tolerances) opposite the entry relating to Class AA, for paragraph (ii) there shall be substituted the following paragraph:–
ii
total virus disease–1.0%;
.
8
In Schedule 4 (official label etc ) paragraphs 4 and 7 and in Schedule 6 (particulars to be specified in a sale note, etc. ) after the entry relating to Class there shall be inserted “Community Grade (as appropriate)”.
9
In Schedule 5 (specified diseases, pests etc.)–
a
in column 1 for the description of “Blackleg” in each place where it occurs there shall be substituted the following:–
Blackleg ( Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both
;
b
at the end of Group II in each of Parts I, II and III there shall be inserted the following:–
Provided that in respect of seed potatoes of a Community grade marketed in Great Britain the individual tolerances listed in column 2 and the group tolerances listed in column 3 shall not exceed 0.5%.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th September 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
26th September 1994
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
29th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Exchange Gains and Losses (Excess Gains and Losses) Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
3
In these Regulations “the 1993 Act ” means the Finance Act 1993.
Non-exchange losses and gains
2
1
In any case where as respects an asset or liability —
a
an exchange gain has accrued to a qualifying company, and
b
a loss which is not an exchange loss (“the non-exchange loss”) subsequently accrues to the company —
i
at the time the company ceases to be entitled or subject to the asset or liability or to part of the asset or liability, and
ii
by virtue of an arm’s length transaction, and
c
relief from tax is not (apart from this regulation) available under the Tax Acts in respect of the non-exchange loss,
then, on a claim being made by the company, an initial exchange loss equal in amount to the excess (if any) of A over B or, if less, the amount of the non-exchange loss shall be treated as accruing to the company as respects that asset or liability for the appropriate accrual period.
2
Paragraph (1) above does not apply in relation to any asset or liability as respects which the loss referred to in paragraph (1)(b) accrues to the company if the company acquired the asset or became subject to the liability in pursuance of a transaction which was not an arm’s length transaction.
3
For the purposes of this regulation the amount of any non-exchange loss shall be reduced by the amount, if any, of any insurance or compensation moneys or other sum to which the company is entitled in respect of the loss which do not fall to be taken into account in computing the company’s profits for the purposes of corporation tax.
4
In any case where as respects an asset or liability —
a
an exchange loss has accrued to a qualifying company, and
b
a gain which is not an exchange gain (“the non-exchange gain”) subsequently accrues to the company at the time the company ceases to be entitled or subject to the asset or liability or to part of the asset or liability, and
c
the non-exchange gain is not (apart from this regulation) chargeable to tax under the Tax Acts,
then an initial exchange gain equal in amount to the excess (if any) of B over A or, if less, the amount of the non-exchange gain shall be treated as accruing to the company as respects that asset or liability for the appropriate accrual period.
5
For the purposes of paragraphs (1) and (4) above
A is the aggregate amount of any exchange gains which have accrued to the company as respects the asset or liability for all accrual periods since the company’s commencement day;
B is the aggregate amount of any exchange losses which have accrued to the company as respects the asset or liability for all accrual periods since the company’s commencement day;
“the appropriate accrual period”, in relation to any asset or liability —
if the company ceases to be entitled or subject to part only of the asset or liability, means the accrual period in which it ceases to be so entitled or subject, and
in any other case, means the last accrual period as respects that asset or liability; and
“an arm’s length transaction” is any transaction the terms of which are such as might reasonably be expected to have been agreed between parties at arm’s length.
6
The amount of any exchange gain or exchange loss shall not be taken into account under paragraph (1) or (4) above unless by virtue of section 128(4) or (8) or 129(2) or (4) of the 1993 Act the company has been treated as receiving an amount equal to that amount or incurring a loss equal to that loss.
7
A claim under paragraph (1) above must be made to the inspector before the expiry of the period of two years beginning with the end of the accounting period in which the non-exchange loss accrued to the company.
Cancellation of relief where loss is recovered
3
1
Where —
a
by virtue of regulation 2(1) an initial exchange loss has been treated as accruing to a company (“the loss making company”) as respects an asset or liability by reason of a non-exchange loss accruing as respects that asset or liability, and
b
the whole or part of that non-exchange loss is subsequently recovered by the loss making company, or by another company in the same group, in an accounting period of the loss making company,
an initial exchange gain equal in amount to the amount of the net exchange loss found in accordance with paragraphs (3) and (4) below shall be deemed to accrue to the loss making company.
For the purposes of this paragraph, companies are members of a group if by virtue of section 170 of the Taxation of Chargeable Gains Act 1992 they are members of a group for the purposes of sections 171 to 181 of that Act.
2
Any initial exchange gain deemed to accrue under paragraph (1) above shall —
a
if the initial exchange loss referred to above was an exchange loss of a trade or part of a trade and the loss making company carries on that trade or part at the time of the recovery, be deemed to be an exchange gain of that trade or part, and section 128 of the 1993 Act shall apply accordingly,
b
if sub-paragraph (a) above does not apply, be deemed to a non-trading exchange gain, and section 129 of the 1993 Act shall apply accordingly,
and in either case the gain shall be deemed to accrue as respects the asset or liability for an accrual period identical to the accounting period in which the time of recovery falls.
3
For the purposes of paragraph (1) above the net exchange loss shall (subject to paragraph (4) below) be equal to the excess (if any) of
A over ( B - C )
where —
A is the amount of the loss recovered, translated into the company’s local currency (if it is not in that currency) using the London closing exchange rates for the two currencies for the date of the recovery,
B is the amount of the non-exchange loss referred to in paragraph (1) above, and
C is the amount of the initial exchange loss deemed to accrue to the company by virtue of regulation 2(1).
4
Where parts of the loss are recovered at different times, then in relation to any recovery after the first —
a
amount A shall include any amount recovered earlier;
b
the net exchange loss found in accordance with paragraph (3) above shall be reduced by the amount (or aggregate amount, if more than one) of any initial exchange gain deemed to accrue (under paragraph (1) above) in relation to any earlier recovery.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
The County Council of Norfolk (Reconstruction of Three Holes Bridge) Scheme 1993 is hereby confirmed.
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 Chief Executive and Clerk, Norfolk County Council, County Hall, Martineau Lane, Norwich NR12DH.
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 Norfolk (Reconstruction of Three Holes Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport.
Pamela Denham
Regional Director
Government Office for the North East
29th July 1994


text:
1
These Regulations may be cited as the Council Tax (Additional Provisions for Discount Disregards) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Care Workers
2
The Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 shall be amended, in paragraph 3, by the substitution for sub-paragraph (a)(iiii) of the following paragraph —
iii
an increase in the rate of his disablement pension under section 104 of that Act by an amount which is the highest amount determined in accordance with paragraph (a) of regulation 19 of the Social Security (General Benefit) Regulations 1982 or, in a case to which paragraph (b) of that regulation applies, the amount determined in accordance with that paragraph; or
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
23rd February 1994
John Redwood
Secretary of State for Wales
2nd March 1994


text:
1
This Order may be cited as the A18 Trunk Road (Junction 5, M180 Motorway) (Detrunking) Order 1994 and shall come into force on 24th February 1994.
2
In this Order:
i
“the plan” means the plan numbered HA10/YHNMD 14 marked “The A18 Trunk Road (Junction 5, M180 Motorway) (Detrunking) Order 1994,” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road” means the Sheffield-Grimsby Trunk Road (A18). 3.The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of theSecretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
19th January 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) Regulations 1994 and shall come into force on 1st August 1995.
Revocation
2
The Education (Student Loans) ( No. 2) Regulations 1993 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires —
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA(Hons.) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course —
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience soorganised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1995 if —
a
his course of study during that academic year forms part or all of —
i
a full-time course; or
ii
a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations; or
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991 ; or
iii
before the commencement of or at any time during that academic year he is a person, or the spouse or child of a person, who has been recognised as a refugee and who from the time of such recognition has been ordinarily resident in the British Islands…; and
c
the loans administrator has received the certified eligibility form referred to in regulation 13(4)(g) or (5)(d) in connection with his application for the loan; and
d
he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course —
i
because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13(4)(d) or (5)(a); or
ii
otherwise than because he has completed it; and
e
he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the adminstrator in respect of repayments of the loan from that account; and
f
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
g
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who —
a
before the date on which the course begins has attained the age of fifty years; or
b
is attending a course leading to registration in Part 12, 13, 14 or 15 of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and is eligible to receive payment of a bursary or salary out of funds paid by the Secretary of State under section 97 of the National Health Service Act 1977 or section 85(1) of the National Health Service (Scotland) Act 1978 ; or
c
in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
d
is in breach of any obligation contained in any agreement for a loan; or
e
subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (e) of paragraph (2) shall apply only if —
a
the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
b
that agreement was made —
i
with the concurrence of the borrower’s curator; or
ii
at a time when the borrower had no curator.
4
A student shall not be eligible for more than one loan in relation to any one academic year.
5
A student shall not be eligible for a loan in relation to —
a
more than one academic year, or
b
more than one course
beginning in any period of twelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £780 if he resides at his parents' home, and £1,240 if he does not; and
b
if the year is any other year of the course —
i
if he resides at his parents' home, £1,065,
ii
if a local education authority have determined in respect that year that his case falls within the exception to paragraph 2(1)(c) of Schedule 2 to the Education (Mandatory Awards) (No 2) Regulations 1993 , or to the Education (Mandatory Awards) Regulations 1994 , £1,530, or
iii
in any other case, £1,695.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £780 if he resides at his parents' home, and £1,010 if he does not; and
b
if the year is any other year of the course, £1,065 if he resides at his parents' home, and £1,385 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £1,010 if the year is the final year of the course and £1,385 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £780 and £1,240 there were substituted £1,065 and £1,695 respectively and paragraph (2)(a) shall have effect as if for £780 and £1,010 there were substituted £1,065 and £1,385 respectively.
5
For the purposes of paragraphs (1) to (3), where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans) (No. 2) Regulations 1993 loans shall bear interest in respect of the period consisting of the month of August 199 5 at the rate specified in regulation 7 of those regulations.
2
Loans shall bear interest in respect of any period commencing on or after 1st September 199 5 at the rate specified in paragraphs (3) and (4), being the rate appearing to the Secretary of State to be requisite for maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to a loan made on or after 1st September 199 5 , taking account of the addition of interest to the outstanding amount of the loan in accordance with regulation 8, will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 which is equal to the percentage specified in paragraph (4).
4
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office for March 1994 and the retail prices index so published for March 1995.
Time and manner of repayments
8
1
Subject to paragraph (2) and regulations 9 to 12 a borrower shall commence repayment of his loan on such day in the month of April next following the date on which he ceased to attend the course as the loans administrator may determine in his case (referred to below in this regulation as “the determined date”).
2
Where a borrower ceases to attend his course without completing it and on the first day thereafter on which it is reasonably practicable for him to do so begins to attend at the same institution another course which satisfies the requirements of regulation 4(1), paragraph (1) shall apply only in relation to the latter course.
3
Subject to regulations 9 to 12 repayments shall be made in 60 monthly instalments calculated in accordance with paragraphs (6) to (8) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
4
Interest accrued on a loan shall be added to the loan at regular monthly intervals and thenceforth form part of the outstanding amount of the loan.
5
On or before the determined date, the amount of the monthly repayments shall be calculated in accordance with paragraph (6).
6
The amount of the loan outstanding on the first day of the month in which the determined date falls and of interest which will accrue during the period of repayment shall be divided by the number of repayments, and the amount so calculated shall be the amount of the monthly repayment until it is re-calculated in accordance with paragraph (7).
7
On 1st September next following the determined date, and on each subsequent 1st September until the loan has been repaid or cancelled, the amount of the loan outstanding on that date and of interest which will accrue during the remaining period of repayment shall be divided by the number of repayments still to be made and the amount so calculated shall be the amount of the monthly repayment.
8
For the purposes of calculating monthly repayments under paragraphs (6) and (7) —
a
no account shall be taken of any repayments due prior to the relevant date which have not been made, but account shall be taken of the amounts of interest which have accrued on such unpaid repayments; and
b
it shall be assumed that —
i
the rate of interest will not change during the period of repayment; and
ii
each repayment will be applied to reduce the amount of the loan immediately after the addition of interest in accordance with paragraph (4).
9
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
10
Nothing in this regulation shall be taken to prevent a borrower, after giving notice to the loans administrator, from discharging or with the agreement of the loans administrator reducing his liability in respect of his loan sooner than required by the regulation, and where a borrower wishes so to reduce his liability the amount and time of repayments shall be determined by the loans administrator and the provisions of this regulation (except paragraphs (4) and (9) shall no longer apply to the loan).
9
Notwithstanding the provisions of regulation 8, the loans administrator may, in the case of a borrower who is in breach of an obligation to repay any loan instalment, do either or both of the following, namely:
a
grant any relaxation or indulgence to the borrower which does not vary the agreement for the loan;
b
require the borrower to make an immediate repayment of the outstanding amount of the loan:
Provided that the loans administrator shall not grant any relaxation or indulgence in accordance with paragraph (a) unless it is satisfied that such action represents a more effective means of recovering the debt due under the agreement than instituting legal proceedings against the borrower.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit (as defined in regulation 11(6)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 8 as the loans administrator considers appropriate; or
b
allow the borrower to defer making repayments of the loan until such later date; or
c
allow the borrower to make repayments of the loan in such greater number of instalments of such lesser amounts than those provided by regulation 8 as the loans administrator considers appropriate:
but interest on the loan shall continue to accrue and to be added to the outstanding amount of the loan during any period in which repayments are not being made or during any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on it by paragraph (1) notwithstanding that the outstanding amount of the loan will not in consequence be fully repaid before the borrower’s liability in respect thereof is cancelled by virtue of paragraphs (1)(b) and (2) of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower shall be entitled to defer making repayments of his loan if he satisfies the loans administrator —
a
that his gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,216 and the annual adjustment; and
b
if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount.
2
For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 1995 divided by the average earnings index for March 1994; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department of Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.
3
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than twelve months earlier or two months later than the date on which the loans administrator notifies the borrower that it is satisfied that he is entitled to defer making repayments.
4
Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.
5
In determining whether a borrower’s gross monthly income exceeds, will exceed or is likely to exceed the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid or which will or are likely to be paid to him in the months in question.
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Contributions and Benefits Act 1992 known as long term incapacity benefit , short term incapacity benefit payable at the higher rate , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
where income support is payable to the borrower under the Income Support (General) Regulations 1987 , the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable, which amount shall for the purposes of regulations 10(1) and 11(5) be considered to be…received,…paid or…likely to be paid, as the case may be; and
c
disability working allowance payable under sections 123(1)(c) and 129 of the Social Security Contributions and Benefits Act 1992.
7
Interest shall accrue on a loan and shall be added to the outstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and —
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
Where an eligible student attends a course at more than one institution the governing bodies of the institutions may agree in writing that one governing body shall take the steps prescribed by this regulation, in which case that governing body, and not the other governing bodies, shall be required to take those steps.
3
An agreement under paragraph (2) may be made in respect of a particular student or in respect of any class or description of students.
4
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the loan administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a)-(c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student and return to them;
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the loans administrator; and
g
send each certified eligibility form to the loans administrator.
5
Where a student is a borrower who has obtained an eligibility form from the loans administrator and completed it the governing body shall as soon as practicable after the commencement of each academic year —
a
accept the completed eligibility form from any such student who requests them to certify his eligibility;
b
if the loans administrator has requested that any of the particulars inserted in the form should be verified take such steps as are reasonably practicable to verify those particulars;
c
certify to the best of their knowledge and belief the accuracy of the particulars which the loans administrator has requested them to verify and the amount of loan to which they consider the student to be entitled; and
d
send each certified eligibility form to the loans administrator.
6
The governing body shall —
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student during the academic year in which they certified eligibility or subsequently —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (4)(g) or (5)(d) or notified by them to the loans administrator as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the administrator with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
7
Without prejudice to the generality of paragraph (4) (b) and (c), the steps to be taken under those paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 or the Births and Deaths Registration (Northern Ireland) Order 1976 a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 or in the Adopted Children Register kept in pursuance of Article 50 of the Adoption (Northern Ireland) Order 1987 which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
8
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within sub-paragraph (1)(c) to (f), or (2)(d) or (e) of regulation 4 (receipt of certified eligibility form, agreement to notify cessation of attendance, direct credit and debit agreement, date of loan agreement, breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
7
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.


text:
1
1
This Order may be cited as the Education Act 1994 (Commencement) Order 1994.
2
In this Order “ the Act ” means the Education Act 1994.
2
1
All the provisions of the Act, except for those mentioned in paragraph (2) below, shall come into force on 21st September 1994.
2
Subsections (3), (4) and (5) of section 22 of the Act shall come into force on 1st April 1995.
Gillian Shephard
One of Her Majesty’s Principal Secretaries of State
23rd August 1994