text:
Citation, commencement and revocation
1
1
This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 and shall come into force on 15th March 1995.
2
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 is hereby revoked.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964 and “within a designated area” includes over and under it;
“offshore installation” shall be construed in accordance with article 4(2) and (3) of this Order;
“the prescribed provisions of the 1974 Act” means sections 1 to 59 and 80 to 82 of the 1974 Act;
“stand-by vessel” means a vessel which is ready to give assistance in the event of an emergency on or near an offshore installation;
“territorial waters” means United Kingdom territorial waters adjacent to Great Britain and “within territorial waters” includes on, over and under them;
“vessel” includes a hovercraft and any floating structure which is capable of being staffed.
2
For the purposes of this Order, any structures and devices on top of a well shall be treated as forming part of the well.
3
For the purposes of this Order, a person shall be deemed to be engaged in diving operations throughout any period from the time when he commences to prepare for diving until the time when —
a
he is no longer subjected to raised pressure;
b
he has normal inert gas partial pressure in his tissues; and
c
if he entered the water, he has left it,
and diving operations include the activity of any person in connection with the health and safety of a person who is, or is deemed to be, engaged in diving operations.
Application of the 1974 Act outside Great Britain
3
1
The prescribed provisions of the 1974 Act shall, to the extent specified in the following articles of this Order, apply to and in relation to the premises and activities outside Great Britain which are so specified as those provisions apply within Great Britain.
2
The reference in paragraph (1) of this article to premises and activities includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
Offshore installations
4
1
The prescribed provisions of the 1974 Act shall apply within territorial waters or a designated area to and in relation to —
a
any offshore installation and any activity on it;
b
any activity, including diving operations, in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, on or from a vessel or in any other manner, other than —
i
transporting, towing or navigating the installation; and
ii
any activity on or from a vessel being used as a stand-by vessel;
c
diving operations involving the survey and preparation of the sea bed for an offshore installation.
2
In this Order “offshore installation” means —
a
the fixed structures consisting of six towers referred to in the Schedule to this Order as NSR M-1 and NSR R-1, NSR R-2, NSR R-3, NSR R-4 and NSR R-5 and settled on the sea bed at the locations specified in the Schedule and the related cables between each of those towers at sea bed level and the related cables which lie or extend outside the said locations; or
b
subject to paragraph (3) of this article, a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water —
i
for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;
ii
for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;
iii
for the conveyance of things by means of a pipe; or
iv
mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,
and which is not an excepted structure.
3
For the purposes of paragraph (2)(b) of this article, the excepted structures are —
a
a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;
b
a well;
c
a structure which has ceased to be used for any of the purposes specified in paragraph (2)(b) of this article and has since been used for a purpose not so specified;
d
a mobile structure which has been taken out of use and is not for the time being intended to be used for any of the purposes specified in paragraph (2)(b) of this article; and
e
any part of a pipeline.
Wells
5
1
Subject to paragraph (2) of this article, the prescribed provisions of the 1974 Act shall apply within territorial waters or a designated area to and in relation to —
a
a well and any activity in connection with it; and
b
an activity which is immediately preparatory to any activity in sub-paragraph (a) above.
2
Paragraph (1) of this article includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
Pipelines
6
1
The prescribed provisions of the 1974 Act shall apply within territorial waters or a designated area to and in relation to —
a
any pipeline;
b
any pipeline works;
c
the following activities in connection with pipeline works —
i
the loading, unloading, fuelling or provisioning of a vessel;
ii
the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,
being in either case a vessel which is engaged in pipeline works.
2
In this article —
“pipeline” means a pipe or system of pipes for the conveyance of any thing, together with —
any apparatus for inducing or facilitating the flow of any thing through, or through a part of, the pipe or system;
any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding paragraphs;
apparatus for the transmission of information for the operation of the pipe or system;
apparatus for the cathodic protection of the pipe or system; and
a structure used or to be used solely for the support of a part of the pipe or system;
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom or within territorial waters, United Kingdom territorial waters adjacent to Northern Ireland, or a designated area;
“pipeline works” means —
assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;
inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;
changing the position of or dismantling or removing a pipeline or length of pipeline;
opening the bed of the sea for the purposes of the works mentioned in sub-paragraphs (a) to (c) of this definition, and tunnelling or boring for those purposes;
any activities incidental to the activities described in sub-paragraphs (a) to (d) of this definition;
diving operations in connection with any of the works mentioned in sub-paragraphs (a) to (e) of this definition or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.
Mines
7
1
The prescribed provisions of the 1974 Act shall apply to and in relation to the working of a mine, and to work for the purpose of or in connection with the working of any part of a mine, within territorial waters or extending beyond them.
2
In this article “mine” and “working of a mine” have the same meaning as in the Mines and Quarries Act 1954 .
Other activities within territorial waters
8
The prescribed provisions of the 1974 Act shall apply within territorial waters to and in relation to —
a
the construction, reconstruction, alteration, repair, maintenance, cleaning, demolition and dismantling of any building or other structure not being a vessel, or any preparation for any such activity;
b
the loading, unloading, fuelling or provisioning of a vessel;
c
diving operations;
d
the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; and
e
the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph (3)(d) of article 4 of this Order applies,
except that this article shall not apply to vessels which are registered outside the United Kingdom and are on passage through territorial waters.
Legal proceedings
9
1
Proceedings for any offence under section 33 of the 1974 Act, being an offence to which that section applies by virtue of this Order, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
2
Section 3 of the Territorial Waters Jurisdiction Act 1878 (which requires certain consents for the institution of proceedings) shall not apply to proceedings for any offence to which paragraph (1) of this article relates.
Miscellaneous provisions
10
The prescribed provisions of the 1974 Act shall apply in accordance with this Order to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom.
11
Nothing in this Order except article 9(2) of this Order shall be taken to limit or prejudice the operation which any Act or legislative instrument may, apart from this Order, have in territorial waters or elsewhere.
N. H. Nicholls
Clerk of the Privy Council.


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1995 and shall come into force on 7th April 1995.
Amendment of the Medicines (Medicated Animal Feeding Stuffs) ( No. 2) Regulations 1992
2
1
The Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992 shall be amended in accordance with the following paragraphs.
2
In regulation 3(11) —
a
for the words “1st October” there shall be substituted the words “1st July”; and
b
for the words “1st September” there shall be substituted the words “1st June”.
3
For Schedule 3 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
16th March 1995
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
16th March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
17th March 1995
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 15th day of March 1995.
J. Murray
Permanent Secretary
We consent
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1995


text:
Title and commencement
1
This Order may be cited as the Judicial Pensions (Qualifying Judical offices etc.) (City of London) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
In this Order —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993, and any reference to a Part, Schedule or section by number alone shall be construed as a reference to the Part, Schedule or section so numbered in that Act;
“the appointed day” shall be construed in accordance with section 1(10);
“the appropriate financial year” has the meaning given by article 5(4)(b) below;
“the Common Council ” means the Common Council of the City of London;
“relevant office” means the office of Recorder of London or Common Serjeant inserted in Schedule 1 by article 3.
Qualifying judicial offices
3
In Part I of Schedule 1 (the offices which may be qualifying judicial offices), after the words “Judge of the Court of Session” there shall be added the following —
Recorder of London
Common Serjeant
.
Discharge of the Common Council’s liability to pay pensions etc.
4
1
The Common Council shall —
a
be discharged, to the extent specified in this Order, from the liability to pay pensions or other benefits mentioned in paragraph (2) in respect of a person’s service in relevant office in any of the circumstances specified in paragraph (3); and
b
instead make payments to the Treasury determined in accordance with article 5.
2
The pensions or other benefits are —
a
any pension or lump sum payable under Part I, or
b
any sums payable by way of pension or lump sum under section 19,
to or in respect of any person who has held relevant office and to whom Part I applies.
3
The circumstances are that —
a
the person first held relevant office on or after the appointed day; or
b
the person —
i
holds relevant office on the appointed day; and
ii
held such office at any time before that day; and
iii
has elected under section 1(2) for Part I to apply to him; or
c
the person —
i
held relevant office on the appointed day; and
ii
held such office at any time before that day; and
iii
notwithstanding that he satisfied the requirements in sub-paragraph (i) and (ii), has not elected under section 1(2) for Part I to apply to him; and
iv
was appointed to some other qualifying judicial office, service in which would (apart from the 1993 Act) have been subject, in his case, to some other judicial pension scheme.
Required payments
5
1
In August of each year, the Treasury shall submit a request in writing to the Common Council specifying the payments that are to be made by the Common Council to the Treasury.
2
The payments required under paragraph (1) are that part of the amount which the Common Council would be liable to pay (apart from this Order) in the appropriate financial year by way of pensions and other benefits in respect of the service of a person who has ceased to hold relevant office which is attributable to a person’s service in relevant office.
3
Any request made under paragraph (1) shall show the calculations made, by reference to —
a
the length of service in relevant office; and
b
the salary received,
for the purpose of determining the required payments in respect of the appropriate financial year.
4
In this article —
a
“financial year” means a year commencing on 1 April and ending on 31 March; and
b
“the appropriate financial year” means the financial year during which a request is made in August in that year;
and in the following provisions of this Order any reference to an appropriate financial year shall be construed accordingly.
Timing of payments
6
The payments required under article 5(1) shall be paid to the Treasury in September following a request made in August in that year.
Payments into Consolidated Fund and Civil Superannuation Fund
7
1
Notwithstanding the provisions of section 28(6) (requirement for sums received by the Treasury under section 21 to be paid into the Consolidated Fund), any payments received by the Treasury by virtue of this Order shall be paid into —
a
the Consolidated Fund; and
b
the Civil Superannuation Fund,
in accordance with the provisions of this article; and the operation of section 28(6) shall be modified accordingly.
2
On receipt by the Treasury of the payments, there shall be paid into the Consolidated Fund a sum equal to so much of —
a
any pension or lump sum payable under Part I; and
b
any sum payable by way of pension or lump sum under section 19,
which, in the appropriate financial year, to or in respect of any person to whom Part I applies is attributable to his service in relevant office.
3
On receipt by the Treasury of the payments, it shall pay into the Civil Superannuation Fund a sum equal to so much of the amount which it is required to pay by way of increases in respect of any pension payable under Part I or section 19 in accordance with the provisions of section 22 (application of the Pensions (Increase) Act 1971 to pensions under the 1993 Act), in the appropriate financial year, to or in respect of any person to whom Part I applies as is attributable to his service in relevant office.
Meaning of “attributable to service in relevant office”
8
1
The amount that is attributable to a person’s service in relevant office shall be determined in accordance with this article.
2
Where a person who has served in relevant office has not served in any other qualifying judicial office (other than any other relevant office), the amount shall be a sum equivalent to the whole of the pensions and other benefits payable by the Treasury to or in respect of that person.
3
Where a person who has served in relevant office has also served in any other qualifying judicial office (other than any other relevant office), the amount shall be the appropriate proportion of the whole of the pensions and other benefits payable by the Treasury to or in respect of that person determined by reference to the total of the following fractions —
a
the fraction calculated in accordance with the formula set out in paragraph (4): and
b
the fraction calculated in accordance with the formula set out in paragraph (5).
4
The formula is —
A = B B + C
where —
a
A is the fraction mentioned in paragraph (3)(a);
b
B is the length of his period of service in relevant office;
c
C is the length of his period of service in qualifying judicial office (other than in a relevant office).
5
The second formula is —
D = F - G F × C B + C
where —
a
D is the fraction mentioned in paragraph (3)(b);
b
F is the pensionable pay of his relevant office;
c
G is the pensionable pay of that person calculated on the assumption that he continued to hold a qualifying judicial office (other than a relevant office) until his actual retirement from office; and, for the purpose of that assumption, the qualifying judicial office is the office which he held immediately before the commencement of his service in relevant office.
d
B has the meaning given by paragraph (4)(b);
e
C has the meaning given by paragraph (4)(c).
Recovery of payments due to the Treasury
9
1
In any case where —
a
a pension or lump sum is or becomes payable to a person to whom this Order applies, and
b
the Common Council has not made any payment to the Treasury in respect of that pension or lump sum by reason of the failure of the Treasury to include that payment in any request under article 5(1),
the Treasury shall pay such pension or lump sum due to or in respect of that person as if the Council had made the required payments; and paragraph (2) shall have effect.
2
Where the Treasury are or will be liable to make any payments of pensions or lump sums under paragraph (1), they shall request the Common Council in writing to pay the Treasury that part of any sums so payable which are attributable to a person’s service in relevant office, calculated in accordance with article 8; and such payment shall be made to the Treasury no later than 30 days following the date on which the request was made.
Adjustment of overpayment
10
1
In any case where any part of a pension or lump sum in respect of which the Common Council have made a payment to the Treasury pursuant to a request under article 5(1) is not paid to or in respect of a person entitled to such a pension or lump sum by the Treasury for any of the reasons set out in paragraph (2), the Treasury shall deduct a sum equivalent to that which they have already received from the Common Council (but not paid to that person) from any payment requested in the next request under article 5(1).
2
The reasons are —
a
that person dies;
b
the recipient of a surviving spouse’s pension dies or otherwise ceases to be entitled to the pension;
c
the recipient of a children’s pension dies or otherwise ceases to be entitled to the pension;
d
that person resumes service in qualifying judicial office.
Additional benefits from voluntary contributions
11
Nothing in this Order applies in relation to any pension or other benefits payable by virtue of section 10 (additional benefits from voluntary contributions).
Mackay of Clashfern, C.
Dated 6th March 1995
We consent,
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
Title and commencement
1
This Order may be cited as the Isles of Scilly Sea Fisheries District (Variation) Order 1995 and shall come into force on 24th May 1995.
The Isles of Scilly Sea Fisheries District
2
The Isles of Scilly Sea Fisheries District Order 1970 shall be varied as follows —
a
in article 3 (creation of Sea Fisheries District for the Isles of Scilly), for the words “within three nautical miles from the baselines” there shall be substituted “within six nautical miles from the baselines”;
b
at the end of article 3, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd May 1995


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Offers of Securities Regulations 1995 and shall come into force on 19th June 1995.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations, except where the context otherwise requires
“ the Act ” means the Financial Services Act 1986 ;
“approved exchange”means, in relation to dealings in securities, a recognised investment exchange approved by the Treasury for the purposes of these Regulations either generally or in relation to such dealings, and the Treasury shall give notice in such manner as they think appropriate of the exchanges which are for the time being approved;
“body corporate” shall be construed in accordance with section 207(1) of the Act “ "convertible securities"” means
securities falling within paragraph 2 of Schedule 1 to the Act which can be converted into or exchanged for, or which confer rights to acquire, securities; or
securities falling within paragraph 4 or 5 of that Schedule; and
“conversion” in relation to convertible securities means their conversion into or exchange for, or the exercise of rights conferred by them to acquire, other securities (“underlying securities”);
“credit institution” has the same meaning as it has for the purposes of paragraph 3 of Schedule 11A to the Act;
“director” shall be construed in accordance with section 207(1) of the Act;
“ecu”has the same meaning as it has for the purposes of paragraph 3 of Schedule 11A to the Act;
“European institution”has the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992 ;
“Euro-securities”has the same meaning as it has for the purposes of paragraph 3 of Schedule 11A to the Act;
“financial institution” has the same meaning as it has for the purposes of paragraph 3 of Schedule 11A to the Act;
“group”has the meaning given in section 207 (1) of the Act;
“home-regulated investment business”has the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992;
“issuer”, in relation to any securities, means the person by whom they have been or are to be issued;
“member State”means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“private company”has the meaning given in section 1(3) of the Companies Act 1985 ;
“the registrar of companies”, in relation to a prospectus relating to any securities, means
if the securities are or are to be issued by a company incorporated in Great Britain, the registrar of companies in England and Wales or the registrar of companies in Scotland according to whether the company’s registered office is in England and Wales or in Scotland;
if the securities are or are to be issued by a company incorporated in Northern Ireland, the registrar of companies for Northern Ireland;
in any other case, any of those registrars;
“recognised investment exchange”has the meaning given in section 207(1) of the Act; "securities" means investments to which Part II of these Regulations applies; and "sale" includes any disposal for valuable consideration.
2
In the application of these Regulations to Scotland, references to a matter being actionable at the suit of a person shall be construed as references to the matter being actionable at the instance of that person.
3
References to the Companies Act 1985 include references to the corresponding Northern Ireland provision.
PART II
PUBLIC OFFERS OF UNLISTED SECURITIES
Investments to which this Part applies
3
1
This Part of these Regulations applies to any investment which —
a
is not admitted to official listing, nor the subject of an application for listing, in accordance with Part IV of the Act; and
b
falls within paragraph 1, 2, 4 or 5 of Schedule 1 to the Act.
2
In the application of those paragraphs for the purposes of these Regulations —
a
debentures having a maturity of less than one year from their date of issue shall be deemed to be excluded from paragraph 2;
b
the note to paragraph 1 shall have effect with the omission of the words “, except in relation to any shares of a class defined as deferred shares for the purposes of section 119 of the Building Societies Act 1986,”;
c
paragraphs 4 and 5 shall have effect with the omission of references to investments falling within paragraph 3; and
d
paragraph 4 shall have effect as though after the words “subscribe for” there were inserted “or acquire”.
Registration and publication of prospectus
4
1
When securities are offered to the public in the United Kingdom for the first time the offeror shall publish a prospectus by making it available to the public, free of charge, at an address in the United Kingdom, from the time he first offers the securities until the end of the period during which the offer remains open.
2
The offeror shall, before the time of publication of the prospectus, deliver a copy of it to the registrar of companies for registration.
3
Paragraph (2) and regulations 5, 6 and 8 to 15 shall not apply to a prospectus submitted for approval in accordance with listing rules made under section 156A of the Act.
Offers of securities
5
A person is to be regarded as offering securities if, as principal
a
the makes an offer which, if accepted, would give rise to a contract for the issue or sale of the securities by him or by another person with whom he has made arrangements for the issue or sale of the securities; or
b
he invites a person to make such an offer;
but not otherwise; and, except where the context otherwise requires, in this Part of these Regulations “offer” and “offeror” shall be construed accordingly.
Offers to the public in the United Kingdom
6
A person offers securities to the public in the United Kingdom if, to the extent that the offer is made to persons int he United Kingdom, it is made to the public; and, for this purpose, an offer which is made to any section of the public, whether selected as members or debenture holders of a body corporate, or as clients of the person making the offer, or in any other manner, is to be regarded as made to the public.
Exemptions
7
1
For the purposes of these Regulations, an offer of securities shall be deemed not to be an offer to the public in the United Kingdom if, to the extent that the offer is made to persons in the United Kingdom
a
the condition specified in any one of the sub-paragraphs of paragraph (2) is satisfied in relation to the offer; or
b
paragraph (3) applies in relation to the offer.
2
The following are the conditions specified in this paragraph
a
the securities are offered to persons
i
whose ordinary activities involve them in acquiring, holding, managing or disposing of investments (as principal or agent) for the purposes of their businesses; or
ii
who it is reasonable to expect will acquire, hold, manage or dispose of investments (as principal or agent) for the purposes of their businesses;
or are otherwise offered to persons in the context of their trades, professions or occupations;
b
the securities are offered to no more than fifty persons;
c
the securities are offered to the members of a club or association (whether or not incorporated) and the members can reasonably be regarded as having a common interest with each other and with the club or association in the affairs of the club or association and in what is to be done with the proceeds of the offer;
d
the securities are offered to a restricted circle of persons whom the offeror reasonably believes to be sufficiently knowledgeable to understand the risks involved in accepting the offer;
e
the securities are offered in connection with a bona fide invitation to enter into an underwriting agreement with respect to them;
f
the securities are the securities of a private company and are offered by that company to
i
members or employees of the company;
ii
members of the families of any such members or employees; or
iii
holders of securities issued by the company which fall within paragraph 2 of Schedule 1 to the Act;
g
the securities are offered to a government, local authority or public authority, as defined in paragraph 3 of Schedule 1 to the Act;
h
the total consideration payable for the securities cannot exceed ecu 40,000 (or an equivalent amount);
i
the minimum consideration which may be paid for securities acquired pursuant to the offer is at least ecu 40,000 (or an equivalent amount);
j
the securities are denominated in amounts of at least ecu 40,000 (or an equivalent amount);
k
the securities are offered in connection with a takeover offer;
l
the securities are offered in connection with a merger within the meaning of Council Directive No. 78/855/ EC C ;
m
the securities are shares and are offered free of charge to any or all of the holders of shares in the issuer;
m
the securities are shares, or investments falling within paragraph 4 or 5 of Schedule 1 to the Act relating to shares, in a body corporate and are offered in exchange for shares in the same body corporate, and the offer cannot result in any increase in the issued share capital of the body corporate;
o
the securities are issued by a body corporate and offered —
i
by the issuer;
ii
only to qualifying persons; and
iii
on terms that a contract to acquire any such securities may be entered into only by the qualifying person to whom they were offered or, if the terms of the offer so permit, any qualifying person;
p
the securities result from the conversion of convertible securities and listing particulars or a prospectus relating to the convertible securities were or was published in the United Kingdom under or by virtue of Part IV of the Act, Part III of the Companies Act 1985 or these Regulations;
q
the securities are issued by —
i
a charity within the meaning of section 96(1) of the Charities Act 1993 ;
ii
a housing association within the meaning of section 5(1) of the Housing Act 1985 ;
iii
an industrial or provident society registered in accordance with section 1(2)(b) of the Industrial and Provident Societies Act 1965 ; or
iv
a non-profit making association or body, recognised by the country or territory in which it is established, with objectives similar to those of a body falling within any of paragraphs (i) to (iii);
and the proceeds of the offer will be used for the purposes of the issuer’s objectives;
r
the securities offered are shares and ownership of the securities entitles the holder —
i
to obtain the benefit of services provided by a building society within the meaning of section 119(1) of the Building Societies Act , an industrial or provident society registered in accordance with section 1(2) of the Industrial and Provident Societies Act 1965 or a body of a like nature established in a member State; or
ii
to membership of such a body;
s
the securities offered are Euro-securities and are not the subject of advertising likely to come to the attention of persons who are not professionally experienced in matters relating to investment;
t
the securities are of the same class, and were issued at the same time, as securities in respect of which a prospectus has been published under or by virtue of Part IV of the Act, Part III of the Companies Act 1985 or these Regulations;
u
the securities are not transferable.
3
This paragraph applies in relation to an offer where the condition specified in one relevant sub-paragraph is satisfied in relation to part, but not the whole, of the offer and, in relation to each other part of the offer, the condition specified in a different relevant sub-paragraph is satisfied.
4
For the purposes of paragraph (3), “relevant sub-paragraph” means any of sub-paragraphs (a) to (g), (k) to (n), (p), (q) and (t) of paragraph (2).
5
For the purposes of this regulation, “shares”, except in relation to a takeover offer, means investments falling within paragraph 1 of Schedule 1 to the Act
6
For the purposes of determining whether the condition specified in sub-paragraph (b) or (h) of paragraph (2) is satisfied in relation to an offer, the offer shall be taken together with any other offer of securities of the same class which was —
a
made by the same person;
b
open at any time within the period of 12 months ending with the date on which the offer is first made; and
c
deemed not to be an offer to the public in the United Kingdom by virtue of that condition being satisfied.
7
In determining for the purposes of paragraph (2)(d) whether a person is sufficiently knowledgeable to understand the risks involved in accepting an offer of securities, any information supplied by the offeror shall be disregarded, apart from information about —
a
the issuer of the securities, or
b
if the securities confer the right to acquire other securities, the issuer of those other securities.
8
For the purposes of paragraph (2)(f) —
a
the members of a person’s family are the person’s husband or wife, widow or widower and children (including stepchildren) and their descendants, and any trustee (acting in his capacity as such) of a trust the principal beneficiary of which is the person himself or herself, or any of those relatives; and
b
regulation 3(2)(a) shall not apply.
9
For the purposes of determining whether the condition mentioned in sub-paragraph (h), (i) or (j) of paragraph (2) is satisfied in relation to an offer, an amount, in relation to an amount denominated in ecu, is an “equivalent amount” if it is an amount of equal value, calculated at the latest practicable date before (but in any event not more than 3 days before) the date on which the offer is first made, denominated wholly or partly in another currency or unit of account.
10
For the purposes of paragraph (2)(k), “takeover offer” means —
a
an offer which is a takeover offer within the meaning of Part XIIIA of the Companies Act 1985 (or would be such an offer in that Part of that Act applied in relation to any body corporate); or
b
an offer made to all the holders of shares, or of shares of a particular class, in a body corporate to acquire a specified proportion of those shares (“holders” and “shares” being construed in accordance with that Part);
but in determining for the purposes of sub-paragraph (b) whether an offer is made to all the holders of shares, or of shares of any class, the offeror, any associate of his (within the meaning of section 430E of that Act) and any person whose shares the offeror or any such associate has contracted to acquire shall not be regarded as holders of the shares.
11
For the purposes of paragraph (2)(m), “holders of shares” means the person who, at the close of business on a date specified in the offer and falling within the period of 28 days ending with the date on which the offer is first made, where holders of such shares.
12
For the purposes of paragraph (2)(o), a person is a “qualifying person”, in relation to an issuer, if he is a bona fide employee or former employee of the issuer or of another body corporate in the same group or the wife, husband, widow, widower or child or stepchild under the age of eighteen of such an employee or former employee.
Form and content of prospectus
8
1
Subject to regulation 11 and to paragraphs (2), (4), (5) and (6), a prospectus shall contain the information specified in Parts II to X of Schedule 1 to these Regulations (which shall be construed in accordance with Part I of that Schedule).
2
Where the requirement to include in a prospectus any information (the “required information”) is inappropriate to the issuer’s sphere of activity or to its legal form or to the securities to which the prospectus relates, the requirement —
a
shall have effect as a requirement that the prospectus contain information equivalent to the required information; but
b
if there is no such equivalent information, shall not apply.
3
The information in a prospectus shall be presented in as easily analysable and comprehensible a form as possible.
4
Where, on the occasion of their admission to dealings on an approved exchange, securities falling within paragraph 1 of Schedule 1 to the Act are offered on a pre-emptive basis to some or all of the existing holders of such securities, a body or person dealing designated for the purposes of this paragraph by the Treasury shall have power to authorise the omission from a prospectus subject to this regulation of specified information provided that up-to-date information equivalent to that which would otherwise be required by this regulation is available as a result of the requirements of that approved exchange.
In this paragraph, “specified information” means information specified in paragraph 41 to 47 of Schedule 1 to these Regulations.
5
Where a class of securities falling within paragraph 1 of Schedule 1 to the Act has been admitted to dealings on an approved exchange, a body or person designated for the purposes of this paragraph by the Treasury shall have power to authorise the making of an offer without a prospectus, provided that —
a
the number or estimated market value or the nominal value or, in the absence of a nominal value, the accounting par value of the securities offered amounts to less than ten per cent of the number or the corresponding value of securities of the same class already admitted to dealings; and
b
up-to-date information equivalent to that required by this regulation is available as a result of the requirements of that approved exchange.
6
Where a person —
a
makes an offer to the public in the United Kingdom of securities which he proposes to issue; and
b
has, within the 12 months preceding the date on which the offer is first made, published a full prospectus relating to a different class of securities which he has issued, or to an earlier issue of the same class of securities,
he may publish, instead of a full prospectus, a prospectus which contains only the differences which have arisen since the publication of the full prospectus mentioned in sub-paragraph (b) and any supplementary prospectus and which are likely to influence the value of the securities, provided that the prospectus is accompanied by that full prospectus and any supplementary prospectus or contains a reference to it or them; and, for this purpose, a full prospectus is one which contains the information specified in Parts II to X of Schedule 1 (other than any information whose omission is authorised by or under paragraph (2) or (4) or regulation 11).
General duty of disclosure in prospectus
9
1
In addition to the information required to be included in prospectus by virtue of regulation 8 a prospectus shall (subject to these Regulations) contain all such information as investors would reasonably require, and reasonably expect to find there, for the purpose of making an informed assessment of —
a
the assets and liabilities, financial position, profits and losses, and prospects of the issuer of the securities; and
b
the rights attaching to those securities.
2
The information to be included by virtue of this regulation shall be such information as is mentioned in paragraph (1) which is within the knowledge of any person responsible for the prospectus or which it would be reasonable for him to obtain by making enquiries.
3
In determining what information is required to be included in a prospectus by virtue of this regulation regard shall be had to the nature of the securities and of the issuer of the securities.
4
For the purposes of this regulation “issuer”, in relation to a certificate or other instrument falling within paragraph 5 of Schedule 1 to the Act, means the person who issued or is to issue the securities to which the certificate or instrument relates.
Supplementary prospectus
10
1
Where a prospectus has been registered under this Part of these Regulations in respect of an offer of securities and at any time while an agreement in respect of those securities can be entered into in pursuance of that offer —
a
there is a significant change affecting any matter contained in the prospectus whose inclusion was required by regulation 8 or 9; or
b
a significant new matter arises the inclusion of information in respect of which would have been so required if it has arisen when the prospectus was prepared; or
c
there is a significant inaccuracy in the prospectus,
the offeror shall deliver to the registrar of companies for registration, and publish in accordance with paragraph (3), a supplementary prospectus containing particulars of the change or new matter or, in the case of an inaccuracy, correcting it.
2
In paragraph (1) “significant” means significant for the purpose of making an informed assessment of the matters mentioned in regulation 9(1)(a) and (b).
3
Regulation 4(1) shall apply to a supplementary prospectus delivered for registration to the registrar of companies in the same way as it applies to a prospectus except that the obligation to publish the supplementary prospectus shall begin with the time it is delivered for registration to the registrar of companies.
4
Where the offeror is not aware of the change, new matter or inaccuracy in question he shall not be under any duty to comply with paragraphs (1) and (3) unless he is notified of it by a person responsible for the prospectus; but any person responsible for the prospectus who is aware of such a matter shall be under a duty to give him notice of it.
5
Where a supplementary prospectus has been registered under this regulation in respect of an offer, the preceding paragraphs of this regulation have effect as if any reference to a prospectus were a reference to the prospectus originally registered and that supplementary prospectus, taken together.
Exceptions
11
1
The Treasury or the Secretary of State may authorise the omission from a prospectus or supplementary prospectus of information whose inclusion would otherwise be required by these Regulations if they or he consider that disclosure of that information would be contrary to the public interest.
2
An offeror may omit from a prospectus or supplementary prospectus information with respect to an issuer whose inclusion would otherwise be required by these Regulations if —
a
he is not that issuer, nor acting in pursuance of an agreement with that issuer;
b
the information is not available to him because he is not that issuer; and
c
he has been unable, despite making such efforts (if any) as are reasonable, to obtain the information.
3
The competent authority for the purposes of Part IV of the Act (“the competent authority”) may authorise the omission from a prospectus or supplementary prospectus of information whose inclusion would otherwise be required by these Regulations, if —
a
the information is of minor importance only, and is not likely to influence assessment of the issuer’s assets and liabilities, financial position, profits and losses and prospects; or
b
disclosure of that information would be seriously detrimental to the issuer and its omission would not be likely to mislead investors with regard to facts and circumstances necessary for an informed assessment of the securities.
4
Paragraph (4) of regulation 9 applies for the purposes of paragraph (3) as it applies for the purposes of that regulation.
5
The competent authority may make rules providing for the payment of fees to it for the discharge of its functions under paragraph (3).
6
Section 156 of the Act shall apply to rules made under paragraph (5) as it applies to listing rules.
Advertisements etc. in connection with offer of securities
12
An advertisement, notice, poster or document (other than a prospectus) announcing a public offer of securities for which a prospectus is or will be required under this Part of these Regulations shall not be issued to or caused to be issued to the public in the United Kingdom by the person proposing to make the offer unless it states that a prospectus is or will be published, as the case may be, and gives an address in the United Kingdom from which it can be obtained or will be obtainable.
Persons responsible for prospectus
13
1
For the purpose of this Part of these Regulations the persons responsible for a prospectus or supplementary prospectus are —
a
the issuer of the securities to which the prospectus or supplementary prospectus relates;
b
where the issuer is a body corp[orate, each person who is a director of that body corporate at the time when the prospectus or supplementary prospectus is published;
c
where the issuer is a body corporate, each person who has authorised himself to be named, and is named, in the prospectus or supplementary prospectus as a director or as having agreed to become a director of that body either immediately or at a future time;
d
each person who accepts, and is stated in the prospectus or supplementary prospectus as accepting, responsibility for, or for any part of, the prospectus or supplementary prospectus;
e
the offeror of the securities, where he is not the issuer;
f
where the offeror is a body corporate, but is not the issuer and is not making the offer in association with the issuer, each person who is a director of that body corporate at the time when the prospectus or supplementary prospectus is published; and
g
each person not falling within any of the foregoing paragraphs who has authorised the contents of, or of any part of, the prospectus or supplementary prospectus.
2
A person is not responsible under paragraph (1)(a), (b) or (c) unless the issuer has made or authorised the offer in relation to which the prospectus or supplementary prospectus was published; and a person is not responsible for a prospectus or supplementary prospectus by virtue of paragraph (1)(b) if it is published without his knowledge or consent and on becoming aware of its publication he forthwith gives reasonable public notice that it was published without his knowledge.
3
Where a person has accepted responsibility for, or authorised, only part of the contents of any prospectus or supplementary prospectus, he is responsible under paragraph (1)(d) or (g) only for that part and only if it is included in (or substantially in) the form and context to which he has agreed.
4
Nothing in this regulation shall be construed as making a person responsible for any prospectus or supplementary prospectus by reason only of giving advice as to its contents in a professional capacity.
5
Where by virtue of this regulation the issuer of any shares pays or is liable to pay compensation under regulation 14 for loss suffered in respect of shares for which a person has subscribed no account shall be taken of that liability or payment in determining any question as to the amount paid on subscription of those shares or as to the amount paid up or deemed to be paid up on them.
Compensation for false or misleading prospectus
14
1
Subject to regulation 15 the person or persons responsible for a prospectus or supplementary prospectus shall be liable to pay compensation to any person who has acquired the securities to which the prospectus relates and suffered loss in respect of them as a result of any untrue or misleading statement in the prospectus or supplementary prospectus or the omission from it of any matter required to be included by regulation 9 or 10.
2
Where regulation 8 requires a prospectus to include information as to any particular matter on the basis that the prospectus must include a statement either as to that matter or, if such is the case, that there is no such matter, the omission from the prospectus of the information shall be treated for the purposes of paragraph (1) as a statement that there is no such matter.
3
Subject to regulation 15, a person who fails to comply with regulation 10 shall be liable to pay compensation to any person who has acquired any of the securities in question and suffered loss in respect of them as a result of the failure.
4
This regulation does not affect any liability which any person may incur apart from this regulation.
5
References in this regulation to the acquisition by any person of securities include references to his contracting to acquire them or an interest in them.
Exemption from liability to pay compensation
15
1
A person shall not incur any liability under regulation 14(1) for any loss in respect or securities caused by any such statement or omission as is there mentioned if he satisfies the court that at the time when the prospectus or supplementary prospectus was delivered for registration he reasonably believed, having made such enquiries (if any) as were reasonable, that the statement was true and not misleading or that the matter whose omission caused the loss was properly omitted and —
a
that he continued in that belief until the time when the securities were acquired; or
b
that they were acquired before it was reasonably practicable to bring a correction to the attention of persons likely to acquire the securities in questions; or
c
that before the securities were acquired he had taken all such steps as it was reasonable for him to have taken to secure that a correction was forthwith brought to the attention of those persons; or
d
that the securities were acquired after such a lapse of time that he ought in the circumstances to be reasonably excused, and, if the securities are dealt in on an approved exchange, that he continued in that belief until after the commencement of dealings in the securities on that exchange.
2
A person shall not incur any liability under regulation 14(1) for any loss in respect of securities caused by a statement purporting to be made by or on the authority of another person as an expert which is, and is stated to be, included in the prospectus or supplementary prospectus with that other person’s consent if he satisfies the court that at the time when the prospectus or supplementary prospectus was delivered for registration he believed on reasonable grounds that the other person was competent to make or authorise the statement and had consented to its inclusion in the form and context in which it was included and —
a
that he continued in that belief until the time when the securities were acquired; or
b
that they acquired before it was reasonably practicable to bring the fact that the expert was not competent or had not consented to the attention of persons likely to acquire the securities in question; or
c
that before the securities were acquired he had taken all such steps as it was reasonable for him to have taken to secure that that fact was forthwith brought to the attention of those persons; or
d
that the securities were acquired after such a lapse of time that he ought in the circumstances to be reasonably excused and, if the securities are dealt in on an approved exchange, that he continued in that belief until after the commencement of dealings in the securities on that exchange.
3
Without prejudice to paragraph (1) and (2), a person shall not incur any liability under regulation 14(1) for any loss in respect of any securities caused by any such statement or omission as is there mentioned if he satisfies the court —
a
that before the securities were acquired a correction or, where the statement was such as is mentioned in paragraph (2), the fact that the expert was not competent or had not consented had been published in a manner calculated to bring it to the attention of persons likely to acquire the securities in question; or
b
that he took all such steps as it was reasonable for him to take to secure such publication and reasonably believed that it had taken place before the securities were acquired.
4
A person shall not incur any liability under regulation 14(1) for any loss resulting from a statement made by an official person or contained in a public official document which is included in the prospectus or supplementary prospectus if he satisfies the court that the statement is accurately and fairly reproduced.
5
A person shall not incur any liability under regulation 14(1) or (3) if he satisfies the court that the person suffering the loss acquired the securities in question with knowledge that the statement was false or misleading, of the omitted matter or of the change, new matter or inaccuracy, as the case may be.
6
A person shall not incur any liability under regulation 14(3) if he satisfies the court the he reasonably believed that the change, new matter or inaccuracy in question was not such as to call for a supplementary prospectus.
7
In this regulation “expert” includes any engineer, valuer, accountant or other person whose profession, qualifications or experience give authority to a statement made by him; and references to the acquisition of securities include references to contracting to acquire them or an interest in them.
Contraventions
16
1
An authorised person who contravenes regulation 4(1) or, where it applies regulation 4(2), or who contravenes regulation 12, or who assists another person to contravene any of those provisions, shall be treated as having contravened rules made under Chapter V of Part I of the Act or, in the case of a person who is an authorised person by virtue of membership of a recognised self-regulating organisation or certification by a recognised professional body, the rules of that organisation or body.
2
A person other than an authorised person who contravenes regulation 4(1) or, where it applies, regulation 4(2), or who contravenes regulation 12, or who assists another person to contravene any of those provisions, shall be guilty of an offence and liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale.
3
Without prejudice to any liability under regulation 14, a person shall not be regarded as having contravened regulation 4 by reason only of a prospectus not having fully complied with the requirements of these Regulations as to its form or content.
4
Any contravention to which this regulation applies shall be actionable at the suit of a person who suffers loss as a result of the contravention subject to the defences and other incidents applying to actions for breach of statutory duty.
5
In this regulation “authorised person” means a person authorised under Chapter III of Part I of the Act and “recognised professional body” and “recognised self-regulating organisation” have the meanings given in section 207(1) of the Act.
6
A European institution carrying on home-regulated investment business in the United Kingdom which contravenes regulation 4(1) or, where it applies, 4(2) or which contravenes regulation 12, or which assists another person to contravene any of those provisions, shall be treated for all purposes —
a
if it is not a member of a recognised self-regulating organisation, as having contravened rules made under Chapter V of Part 1 of the Act; or
b
if it is a member of a recognised self-regulating organisation, as having contravened the rules of that organisation;
and the reference in paragraph (2) to a person other than an authorised person shall be treated as not including a reference to such an institution.
Part III
Amendments to Part IV of the Act etc.
Amendments to the Act and other minor and consequential amendments
17
Schedule 2 to these Regulations shall have effect.
Penalties
18
Where these Regulations amend, extend the application of, or modify the effect of, a provision contained in Part IV of the Act and thereby create a new criminal offence which, but for this regulation, would be punishable to a greater extent than is permitted under paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 , the maximum punishment for the offence shall be the maximum permitted under that paragraph at the time the offence was committed, on conviction on indictment or on summary conviction, as the case may be.
Part IV
Miscellaneous
Designations
19
For the purposes of Articles 11, 12, 13, 14, 18, 19, 20, 21 and 22 of Council Directive No. 89/298/ EEC the Treasury may designate such bodies as they think fit and they shall give notice in such manner as they think appropriate of the designations they have made.
Mutual recognition
20
Schedule 4 to these Regulations shall have effect to make provision for the recognition of prospectuses and listing particulars approved in other member States.
Revocation
21
The Companies Act 1985 (Mutual Recognition of Prospectuses) Regulations 1991 and the Companies (Northern Ireland) Order 1986 (Mutual Recognition of Prospectuses) Regulations (Northern Ireland) 1991 are hereby revoked.
Registration of documents by the registrar of companies
22
For the purposes of the provisions mentioned in section 735B of the Companies Act 1985 , regulations 4(2) and 10(1) shall be regarded as provisions of the Companies Acts.
Application of Part X of the Act
23
1
Section 187(4) of the Act shall apply to the competent authority in the discharge or purported discharge of its functions under these Regulations as it applies to it in the discharge or purported discharge of its functions under Part IV of the Act.
2
Section 188 of the Act shall apply to proceedings arising out of any act or omission (or proposed act or omission) of the competent authority in the discharge or purported discharge of any function under regulation 11 as it applies to the proceedings mentioned in that section.
3
Section 192 of the Act shall apply to a person designated under regulation 19 in respect of any action which he proposes to take or has power to take by virtue of being so designated.
4
Section 199 of the Act shall apply in relation to an offence under these Regulations as it applies in relation to the offences mentioned in that section.
5
Subsections (1) and (5) of section 200 of the Act shall apply to applications under these Regulations as they apply to applications under the Act, and to requirements imposed on a person by or under these Regulations as they apply to requirements imposed on a person by or under the Act.
6
Sections 201(1), 202 and 203 of the Act shall apply to offences under these Regulations as they apply to offences under the Act.
Amendments to regulations made under the Banking Act 1987
24
Schedule 5 to these Regulations shall have effect to amend regulations made under the Banking Act 1987 .
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re–rating and National Insurance Fund Payments) Order 1995 and shall come into force on 6th April 1995.
2
In this Order “ the Act ” means the Social Security Contributions and Benefits Act 1992.
Weekly earnings figures and appropriate percentage rates for secondary earnings brackets
2
1
Section 9 of the Act (calculation of secondary Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (3) (secondary earnings brackets and percentage rates) —
a
for the figure “£99.99” specified in respect of Bracket 1 there shall be substituted the figure “£104.99” and for the percentage rate figure “3.6 per cent.” there shall be substituted the figure “3 per cent.”;
b
for the figures “£100.00” and “£144.99” specified in respect of Bracket 2 there shall be substituted respectively the figures “£105.00” and “£149.99” and for the percentage rate figure “5.6 per cent.” there shall be substituted the figure “5 per cent.”;
c
for the figures “£145.00” and “£199.99” specified in respect of Bracket 3 there shall be substituted respectively the figures “£150.00” and “£204.99” and for the percentage rate figure “7.6 per cent.” there shall be substituted the figure “7 per cent.”;
d
for the figure “£200.00” specified in respect of Bracket 4 there shall be substituted the figure “£205.00”.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 11 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for the figure “£5.65” there shall be substituted the figure “£5.75”;
b
in subsection (4) (small earnings exception) for the figure “£3,200” there shall be substituted the figure “£3,260”.
Amount of Class 3 contributions
4
In section 13(1) of the Act (amount of Class 3 contributions) for the figure “£5.55” there shall be substituted the figure “£5.65”.
Lower and upper limits for Class 4 contributions
5
In both section 15(3) and section 18(1) of the Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for the figure “£6,490” (lower limit) on each occasion where it appears there shall be substituted the figure “£6,640”;
b
for the figure “£22,360” (upper limit) there shall be substituted the figure “£22,880”.
Prescribed percentage of estimated benefit expenditure
6
Section 2(2) of the Social Security Act 1993 shall have effect with respect to the tax year 1995-96 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 10.0 per cent.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st March 1995
We consent,
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1995


text:
Title and commencement
1
This Order may be cited as the Welfare of Animals during Transport (Amendment) Order 1995 and shall come into force on 23rd January 1995 immediately after the coming into force of the Welfare of Animals during Transport Order 1994 .
Amendments to the Welfare of Animals during Transport Order 1994
2
1
The Welfare of Animals during Transport Order 1994 shall be amended in accordance with this article.
2
In article 1(3) after the definition of “Divisional Veterinary Officer” there shall be inserted the following definition —
“transport undertaking” includes the consignor of the animals.
.
3
In article 7 after paragraph (8) there shall be inserted the following paragraphs —
9
Any person in charge of any animal in respect of which a journey plan has been drawn up shall take all reasonable steps to ensure that the journey plan is adhered to.
10
In the case of the consignment of animals to a destination outside Great Britain, it shall be the duty of the consignor of the animals rather than the person in charge of the transport undertaking to draw up, sign, certify and return the journey plan; and the journey plan shall be for the whole journey up to the place of destination, that is, the place at which the animals are finally unloaded, and excluding any staging post or transfer point.
.
4
In article 8 after paragraph (5) there shall be inserted the following paragraph —
6
In the case of the consignment of animals to a destination outside Great Britain, it shall be the duty of the consignor of the animals rather than the person in charge of the transport undertaking to draw up and sign the certificate; and the certificate shall be for the whole journey up to the place of destination, that is, the place at which the animals are finally unloaded, and excluding any staging post or transfer point.
.
5
In article 15 after paragraph (5) there shall be inserted the following paragraph —
6
For the purposes of this article any failure by a person in charge of an animal transport undertaking to comply with any of the provisions of this Order or any other Order made under sections 37, 38 or 39 of the Act shall be deemed to be a failure of the undertaking itself.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
19th January 1995
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
20th January 1995
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
19th January 1995


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Deposit-takers (Interest Payments) (Discretionary or Accumulation Trusts) Regulations 1995 and shall come into force on 14th June 1995.
2
These Regulations shall have effect with respect to any payment of interest made on or after 6th April 1996 by a deposit-taker in respect of a deposit made before 6th April 1995 where the interest is income arising to the trustees of a discretionary or accumulation trust.
Interpretation
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“discretionary or accumulation trust” has the meaning given by section 481(4A) of the Taxes Act ;
“notice” means notice in writing;
“payment” includes “credit”;
“section 480A(1)” and “section 481(5B)” mean section 480A(1) and section 481(5B) respectively of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Discretionary or accumulation trust — form of notification
3
A notification given by any of the trustees of a discretionary or accumulation trust for the purposes of section 481(5B) shall be in the form provided by the Board.
Receipt of notification by deposit-taker
4
1
On receipt of a notification under section 481(5B), a deposit-taker shall be entitled not to deduct tax pursuant to section 480A(1) from any payment of interest in respect of the deposit to which the notification relates and which is made in the circumstances specified in paragraph (2) below.
2
The circumstances specified in this paragraph are where the payment is made within the period of 30 days following receipt of the notification, and at the time of the making of the payment it has not become reasonably practicable for the deposit-taker to deduct tax pursuant to section 480A(1).
Cancellation of notification
5
If the Board are satisfied, at any time following the giving of a notification under section 481(5B), that interest in respect of the deposit to which the notification relates is not income arising to the trustees of a discretionary or accumulation trust, they shall cancel the notification and give notice of the cancellation to the deposit-taker concerned.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
23rd May 1995


text:
PART I
GENERAL
Citation and commencement
1
1
This Order may be cited as the European Specialist Medical Qualifications Order 1995.
2
This Order shall come into force on 12th January 1996, except for article 11 and Schedule 5, which shall come into force on 1st January 1997.
Interpretation
2
1
In this Order, “the Directive” means Council Directive 93/16/ EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications —
a
as adapted by paragraph 4(b), (c) and (d) of Annex VII to the EEA Agreement (where the specialist medical qualifications awarded in certain EEA States and the names given to specialties in those States are set out); and
b
as amended by the Act concerning the conditions of accession and the adjustments to the Treaties on which the Union is founded , and by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union .
2
In this Order —
“ CCST ” means Certificate of Completion of Specialist Training ;
“EEA” means European Economic Area;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“ GMC ” means General Medical Council ;
“registered dentist” has the same meaning as in the Dentists Act 1984 ;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1983 with full or with limited (but not with provisional) registration; and
“ STA ” means Specialist Training Authority of the medical Royal Colleges .
3
In this Order —
a
any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977 , section 1(1) of the National Health Service (Scotland) Act 1978 or article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
b
any reference to a fee shall be construed in accordance with article 5; and
c
any reference to a “medical” specialty includes a surgical specialty, and includes in particular the specialties listed in Schedule 2.
PART II
THE COMPETENT AUTHORITIES
The Competent Authorities
3
1
In relation to specialist medical qualifications, there shall be two competent authorities in the United Kingdom for the purposes of Title II (mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine) and Title III (coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors) of the Directive.
2
The competent authority for the purposes of the recognition and registration of specialist medical qualifications is the GMC.
3
Subject to paragraph (6), the competent authority for the purposes of specialist medical training and the issue of CCSTs and certain other certificates is the body specified in Part II of Schedule 1 (being a body constituted as set out in Part I of that Schedule), which shall be known as the Specialist Training Authority of the medical Royal Colleges.
4
Accordingly, in relation to specialist medical qualifications, in addition to the functions conferred upon them elsewhere in this Order —
a
the GMC shall as respects the United Kingdom perform the functions of the host member State referred to in article 22 of the Directive (which concerns requiring confirmation of authenticity of foreign diplomas and confirmation that a person has fulfilled the Directive’s training requirements);
b
the STA shall as respects the United Kingdom have the functions of a competent authority referred to in the following articles of the Directive —
i
article 8(2) (issue of certificates relating to training in the United Kingdom in certain specialties),
ii
article 8(3) (requirement to verify content and duration of foreign specialist training and to communicate what additional training is required in the United Kingdom),
iii
article 9(2) (issue of certificates there mentioned to specialists whose qualifications were awarded in the United Kingdom or who have practised their specialty in the United Kingdom),
iv
article 9(5) (issue of certificates of fulfilment of Directive training requirements in respect of qualifications which do not conform with the designations set out in the Directive), and
v
article 22 (function of confirming authenticity of CCSTs and of confirming that a person has fulfilled the Directive’s training requirements); and
c
the STA shall as respects the United Kingdom perform the functions of a member State referred to in the following articles of the Directive —
i
article 8(1) (requirement to fulfil domestic requirements for specialist training in certain specialties), and
ii
article 8(2) (requirement to take into account training already undertaken abroad).
5
The GMC and the STA are hereby designated as respects the United Kingdom for the purposes set out in this article in accordance with article 42 of the Directive (which requires member States to designate the authorities competent to issue or receive the diplomas, documents and other information referred to in the Directive).
6
The functions of the STA under or by virtue of this Order are without prejudice to the functions of the GMC or of any of its statutory committees under the Medical Act 1983 .
Power of direction
4
1
The Secretary of State may give directions to the GMC and to the STA in connection with their functions under or by virtue of this Order, and it is the duty of the body to whom the directions are given to comply with them.
2
Directions given under paragraph (1) may be as to matters of administration only.
Fees
5
1
Subject to the following paragraphs, the GMC and the STA may each charge such reasonable fees as it determines to cover the cost of providing services in the course of the performance of any of its functions under or by virtue of this Order.
2
The GMC and the STA may each set those fees at levels such that (taken together) the fees also cover the cost of such of its overheads as are reasonably attributable to the performance of all of its functions under or by virtue of this Order; but the fees must not include any element of profit.
3
The fee charged by the GMC or the STA for any particular service must not include more than a reasonable proportion of the total cost of its overheads referred to in paragraph (2).
4
This article does not prevent the GMC, where it has power to do so, from setting any other fee which it has power to charge at a level designed to include costs referred to in this article; but any costs recovered that way cannot also be recovered by way of fees under this article.
PART III
SPECIALIST MEDICAL TRAINING
Certificates of completion of specialist training
6
1
Subject to paragraphs (2), (3) and (4), the STA shall award a CCST to any person who applies to the STA for that purpose (and pays any fee determined by the STA) if the STA is satisfied that he has satisfactorily completed specialist medical training, in the specialty stated in his application, approved by the STA pursuant to article 7.
2
A CCST may be awarded only to a registered medical practitioner; and a CCST in oral and maxillo-facial surgery may be awarded only to a person who is also a registered dentist.
3
A period of training common to specialist medical training in more than one specialty counts towards completion of the training required for each of them.
4
The STA may award a CCST in a specialty listed in Schedule 2 only.
5
A CCST shall state —
a
the date on which it was awarded;
b
the specialty in which it was awarded;
c
the name of its holder; and
d
his primary medical qualifications and where those qualifications were awarded;
and where more than one year of the training to which the CCST attests took place outside the EEA, the CCST shall make clear that this was so, and shall state the length (in aggregate) of such training.
Minimum requirements of specialist medical training
7
1
The STA shall not approve specialist medical training intended to lead to the award of a CCST unless it complies with the requirements of this article; and the STA may withdraw any such approval if it is satisfied that the training no longer complies with those requirements.
2
The training must constitute an entire course of training in the specialty in question and must, subject to paragraph (3) —
a
comprise theoretical and practical instruction;
b
be full-time training;
c
be supervised by the STA;
d
comply with the requirements of point 1 of Annex I to the Directive (which sets out the characteristics of the full-time training of specialists, and which is reproduced in Schedule 3);
e
be in a university centre, in a teaching hospital, or (where the STA is satisfied that it is appropriate) in a health establishment approved for this purpose by the STA;
f
involve the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishments concerned; and
g
be at least as long as the relevant period (if any) specified in Schedule 2.
3
Part-time specialist medical training is permitted, under conditions approved by the STA, where training on a full-time basis would not be practicable for well-founded individual reasons, and accordingly the STA may approve part-time training which satisfies —
a
the conditions referred to above in this paragraph;
b
the conditions set out in sub-paragraphs (a), (c), (e) and (f) of paragraph (2); and
c
the following conditions —
i
the standard of training must not be lower than that of full-time training,
ii
the total length of training in the specialty in question must not be less than that of full-time training in the same specialty, and
iii
the training must comply with the requirements of point 2 of Annex I to the Directive (which sets out the characteristics of the part-time training of specialists) .
4
The curriculum and any other requirements relating to the training for each specialty, as they have effect from time to time, must be published.
PART IV
THE SPECIALIST REGISTER
The specialist register
8
1
The GMC shall keep and publish a register of specialists.
2
Subject to paragraph (3), the register shall contain the names of —
a
persons who hold a CCST awarded by the STA; and
b
other eligible specialists as specified in article 9.
3
A person is entitled to have his name included in the specialist register if he applies to the Registrar of the GMC for the purpose (paying any fee determined by the GMC) and satisfies the Registrar —
a
of his entitlement by virtue of paragraph (2); and
b
that he is a registered medical practitioner and, in the case of an oral and maxillo-facial surgeon, that he is also a registered dentist.
4
The specialist register shall indicate —
a
the specialty in respect of which each person’s name is included in the register; and
b
where the STA is satisfied that he has particular expertise in a field within that specialty and he so requests in his application under paragraph (3) or subsequently, the name or a description of that field.
5
The GMC must tell anyone who asks it (and pays any fee determined by the GMC) whether or not a particular person’s name is included in the register, and must do so in writing if required, stating the date on which that person’s name was entered in the register, the information included pursuant to paragraph (4), and any registration number identifying the entry.
Eligible specialists
9
1
A person is an eligible specialist for the purposes of article 8(2)(b) if he holds a recognised specialist medical qualification (as specified in article 10) and is —
a
a national of an EEA State; or
b
a person who for the purposes of access to and the practice of the medical profession is entitled to be treated in the same way as such a national in order to enable an enforceable Community right to be exercised.
2
A person is also an eligible specialist for the purposes of article 8(2)(b) if —
a
he does not fall within paragraph (1); but
b
he has specialist medical qualifications awarded outside the United Kingdom in a specialty listed in Schedule 2,
and he satisfies the STA that those qualifications are equivalent to a CCST in the specialty in question.
3
A person is also an eligible specialist for the purposes of article 8(2)(b) if —
a
he has specialist qualifications awarded outside the United Kingdom in a medical specialty not listed in Schedule 2; or
b
he has knowledge of or experience in any medical specialty derived from academic or research work,
and he satisfies the STA that these give him a level of knowledge and skill consistent with practice as a consultant in that specialty in the National Health Service.
4
In the case of a person falling within paragraph (2) or (3) who is as described in sub-paragraph (a) or (b) of paragraph (1) and —
a
has specialist qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State; or
b
has acquired specialist medical experience or knowledge in an EEA State,
the STA shall, when considering whether it is satisfied as mentioned in paragraph (2) or (3), take account of that acceptance and of that medical experience or knowledge.
Recognised specialist medical qualifications
10
1
The following are recognised specialist medical qualifications for the purposes of article 9(1) —
a
a qualification listed in article 5(2) of the Directive (which sets out the names of specialist qualifications in EEA States) granted in an EEA State other than the United Kingdom (these names are set out in Schedule 4) in —
i
a specialty listed in article 5(3) of the Directive (specialties common to all EEA States ), or
ii
a specialty listed in article 7(2) of the Directive (specialties peculiar to two or more EEA States) in which the United Kingdom is shown as awarding qualifications ;
b
a qualification in specialist medicine granted in an EEA State other than the United Kingdom which does not satisfy all the minimum training requirements laid down by the Directive and was awarded following training begun before the relevant date, accompanied by a certificate from the competent authority in the EEA State in which the qualification was awarded or in which its holder has subsequently become established, stating that the holder has been engaged in the practice of his specialty for at least the period required by article 9(2) of the Directive (qualifications not satisfying the minimum training requirements) for the recognition of his qualification in the United Kingdom;
c
a qualification in specialist medicine, in a specialty referred to in article 5(3) of the Directive or in a specialty referred to in article 7(2) of the Directive in which the United Kingdom is shown as awarding qualifications —
i
which has been obtained at any time in an EEA State other than the United Kingdom,
ii
which does not conform with the designations set out in article 5(2), 5(3) or 7(2) of the Directive (which together set out the specialist medical qualifications awarded in EEA States), and
iii
evidence of which is accompanied by a certificate of the competent authorities of that State to the effect that the qualification was awarded following training in accordance with the provisions of articles 24, 25, 26 or 27 (as appropriate), and 29 of the Directive (which set out minimum standards of training for specialist medical qualifications) and is treated by that State as if it were a qualification set out under the heading relating to that State in article 5 or 7 of the Directive; and
d
subject to compliance with paragraph (2), any qualification which is evidence of training which does not accord with the standards laid down by articles 24 to 27 of the Directive, undertaken on the territory of the former German Democratic Republic and begun before 3rd April 1992.
2
This paragraph is complied with where —
a
the holder of the qualification referred to in paragraph (1)(d) satisfies the GMC (by means of a certificate of the competent authorities in Germany or otherwise) that he is entitled by virtue of that qualification to practise his specialty throughout the territory of Germany on the same conditions as the holder of a qualification awarded in Germany and listed in article 5 or 7 of the Directive; and
b
evidence of the qualification is accompanied by a certificate of the competent authorities in Germany that the holder has practised his specialty in Germany for the period referred to in article 9(4) of the Directive (training in former German Democratic Republic).
3
In paragraph (1)(b), “the relevant date” means —
a
1st January 1981, in the case of a qualification granted in Greece;
b
1st January 1986, in the case of a qualification granted in Spain or Portugal;
c
1st January 1994, in the case of a qualification granted in Austria, Finland, Iceland, Norway, or Sweden;
d
1st May 1995, in the case of a qualification granted in Liechtenstein; or
e
20th December 1976, in the case of all other EEA States.
Effect of inclusion in specialist register
11
1
Subject to paragraph (2), a person may not take up appointment to any post listed in Schedule 5 unless his name is included in the specialist register.
2
This article does not apply to any person who held a post as a consultant in oral and maxillo-facial surgery in the National Health Service immediately before 1st January 1997.
PART V
TRANSITIONAL PROVISIONS
Existing specialists
12
1
A person is entitled to have his name included in the specialist register if he applies to the Registrar of the GMC for the purpose before 1st January 1998, or later if he satisfies the Registrar that there was good reason for not applying by then (paying any fee determined by the GMC) and satisfies him —
a
that he is a registered medical practitioner and, in the case of an oral and maxillo-facial surgeon, that he is also a registered dentist; and
b
that he falls within paragraph (2).
2
A person falls within this paragraph if —
a
he is, or has been, a consultant in the National Health Service in a medical specialty other than general practice; or
b
he has been accredited in such a specialty; or
c
he has satisfied the STA that —
i
he has been trained in the United Kingdom in such a specialty and that training complied with the requirements relating to training in that specialty current in the United Kingdom at the time he undertook it, or
ii
he has qualifications awarded in the United Kingdom in such a specialty that are equivalent to a CCST in that specialty.
3
In paragraph (2)(b), “accredited” refers to the former practice whereby certain medical Royal Colleges and Faculties acknowledged the satisfactory completion of a period of specialist training, to a level previously determined by that body, by granting an application for accreditation made by the person who had completed the training.
PART VI
MISCELLANEOUS
Appeals
13
1
The STA shall secure that —
a
a person to whom it refuses to award a CCST;
b
a person who fails to satisfy the STA that he is an eligible specialist in accordance with article 9(2) or (3); and
c
a person who fails to satisfy the STA of the matters referred to in article 8(4)(b) or 12(2)(c),
has the right to appeal against its decision to a panel of independent persons (in this article referred to as an “appeal panel”) which shall be convened by the STA as soon as practicable to reconsider the question and determine whether or not the appellant should be awarded a CCST or should so satisfy the STA (as the case may be).
2
The STA shall determine and publish the procedure governing its selection of the members of appeal panels and the conduct of appeals.
3
The STA shall secure that an appeal panel gives reasons for its determination.
Removal and suspension from specialist register
14
1
Where it comes to the notice of the Registrar of the GMC that a person (other than one to whom paragraph (4) applies) whose name is included in the specialist register no longer satisfies the requirements of article 8(3)(b) or 12(1)(a), the Registrar shall remove that person’s name from the specialist register and shall send him notice of having done so.
2
Where it comes to the notice of the Registrar of the GMC that a person removed from the specialist register under paragraph (1) has become once again a person who satisfies the requirements of article 8(3)(b) or 12(1)(a), the Registrar shall once again include that person’s name in the specialist register and shall send him notice of having done so.
3
Where the Registration Committee of the GMC is satisfied that any entry in the specialist register has been fraudulently procured or incorrectly made it may direct that the entry shall be removed from the register; and Schedule 6 shall apply in relation to proceedings in any such case.
4
Where it comes to the notice of the Registrar of the GMC —
a
that a person’s registration in the register of medical practitioners or the register of medical practitioners with limited registration (both kept under section 30 of the Medical Act 1983 ) is suspended under any provision of that Act; or
b
in the case of an oral and maxillo-facial surgeon, that his registration in the register of dentists (kept under section 14 of the Dentists Act 1984 ) is suspended under any provision of that Act,
the Registrar shall remove that person’s name from the specialist register and shall send him notice of having done so.
5
Where it comes to the notice of the Registrar of the GMC that the registration (as referred to in paragraph (4)(a) or (b)) of a person whose name has been removed from the specialist register under paragraph (4) is no longer subject to suspension, the Registrar shall once again include that person’s name in the specialist register unless his name has been erased from the relevant register referred to in paragraph (4)(a) or (b), and shall send him notice of having done so.
6
Paragraph 8 of Schedule 4 to the Medical Act 1983 (service of notifications of decisions) shall apply to notices required by this article, or by or by virtue of Schedule 6, to be sent to any person by the Registrar of the GMC as it applies to the notifications referred to in that paragraph.
Revocations and saving
15
1
The following Orders are revoked to the extent specified in the table.
Order Extent of revocation
The Medical Qualifications (EEC Recognition) Order 1977 The whole Order. The Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982 Article 2(2). The Medical and Dental Qualifications (EEC Recognition — Spain and Portugal) Order 1986 Article 2(1).
2
Subject to paragraph (3), the revocation of article 5(1) of the Medical Qualifications (EEC Recognition) Order 1977 does not prevent the GMC from awarding a certificate of specialist training to any person whose application for one had been received by the GMC before this Order came into force; and any such application may be dealt with as if paragraph (1) had not come into force.
3
An application to which paragraph (2) refers must be dealt with before the end of the period of three months beginning with the date on which this Order comes into force.
N. H. Nicholls
Clerk of the Privy Council.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexley Community Health National Health Service Trust (Change of Name) Order 1995 and shall come into force on 14th May 1995.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Bexley Community Health National Health Service Trust (Establishment) Order 1994 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Oxleas National Health Service Trust instead of the Bexley Community Health National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Bexley Community Health” there shall be substituted the word “Oxleas”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all other documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
4th May 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1995 and shall come into force on 10th February 1995.
2
In these Regulations, “the principal Regulations ” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations after paragraph (3) there shall be inserted the following paragraph:
3A
For the purposes of regulation 8 of these Regulations, where, before the coming into force of the Nullity of Marriages Act 1971 a decree of nullity was granted in relation to a person on the ground that the marriage was voidable, that person shall be treated as a person whose marriage has been terminated by divorce from the date on which that decree was made absolute.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
16th January 1995