text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Waste Management Licensing Regulations 1994 and, except for regulations 4 and 5, shall come into force on 1st May 1994.
2
Regulations 4 and 5 shall come into force on 10th August 1994.
3
In these Regulations, unless the context otherwise requires —
“the 1990 Act ” means the Environmental Protection Act 1990;
“the 1991 Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 ;
“construction work” includes the repair, alteration or improvement of existing works;
“ the Directive ” means Council Directive 75/442/ EEC on waste as amended by Council Directives 91/156/EEC and 91/692/EEC ;
“Directive waste” means any substance or object in the categories set out in Part II of Schedule 4 which the producer or the person in possession of it discards or intends or is required to discard but with the exception of anything excluded from the scope of the Directive by Article 2 of the Directive, “discard” has the same meaning as in the Directive, and “producer” means anyone whose activities produce Directive waste or who carries out preprocessing, mixing or other operations resulting in a change in its nature or composition;
“disposal” means any of the operations listed in Part III of Schedule 4, and anyreference to waste being disposed of is a reference to its being submitted to any ofthose operations;
“disposal licence” and “disposal authority” have the meaning given by sections 3(1)and 30(2) to (2D) respectively of the Control of Pollution Act 1974 ;
“enforcing authority” and “local enforcing authority” have the meaning given bysection 1(7) and (8) of the 1990 Act;
“exempt activity” means any of the activities set out in Schedule 3;
“inland waters” —
in England and Wales, has the meaning given by section 221(1) of the Water Resources Act 1991 ;
in Scotland, has the meaning given by section 30A of the Control of Pollution Act 1974 except that it includes any loch or pond whether or not it discharges into a river or watercourse;
“operational land” has the meaning given by sections 263 and 264 of the Town and Country Planning Act 1990 or, in Scotland, sections 211 and 212 of the Town and Country Planning (Scotland) Act 1972 ;
“recovery” means any of the operations listed in Part IV of Schedule 4, and any reference to waste being recovered is a reference to its being submitted to any of those operations;
“scrap metal” has the meaning given by section 9(2) of the Scrap Metal Dealers Act 1964 ;
“special waste” has the meaning given by regulation 2 of the Control of Pollution (Special Waste) Regulations 1980 ;
“waste” means Directive waste;
“waste management licence” has the meaning given by section 35(1) of the 1990 Act,and “site licence” has the meaning given by section 35(12) of the 1990 Act;
“waste oil” means any mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;
“waste regulation authority”, “waste disposal authority” and “waste collection authority” have the meaning given by section 30 of the 1990 Act; and
“work” includes preparatory work.
4
Any reference in these Regulations to carrying on business as a scrap metal dealer has the meaning given by section 9(1) of the Scrap Metal Dealers Act 1964, and any reference, in relation to Scotland, to carrying on business as a metal dealer has the meaning given by section 37(2) of the Civic Government (Scotland) Act 1982 .
5
Regulations 13, 14 and 15, and Schedule 4, shall apply in relation to land in the area of a waste disposal authority in Scotland which is occupied by the authority as if —
a
references to a waste management licence were references to a resolution undersection 54 of the 1990 Act;
b
references to an application being made for a waste management licence were references to consideration being given to passing such a resolution;
c
references to granting or issuing a waste management licence were references to passing, and references to rejecting an application were references to not passing, such a resolution;
d
references to the terms or conditions of a waste management licence were references to the terms or conditions specified in such a resolution; and
e
references to varying or revoking a waste management licence under section 37 or 38 of the 1990 Act were references to varying or rescinding such a resolution under section 54(8) of that Act.
6
These Regulations do not extend to Northern Ireland.
Application for a waste management licence or for the surrender or transfer of a waste management licence
2
1
An application for a waste management licence shall be made in writing.
2
An application for the surrender of a site licence shall be made in writing and shall, subject to paragraphs (3) and (4) below, include the information and be accompanied by the evidence prescribed by Schedule 1.
3
Nothing in paragraph (2) above shall require the information prescribed by paragraphs 3 to 6 of Schedule 1 to be provided to the waste regulation authority if the information has previously been provided by the applicant to the authority or a predecessor of the authority in connection with a waste management licence, or a disposal licence under section 5 of the Control of Pollution Act 1974, in respect of the site in question or any part of it.
4
Insofar as the information prescribed by paragraphs 4, 5(a) and 6(a) of Schedule 1 relates to activities carried on, or works carried out, at the site at a time prior to the applicant’s first involvement with the site, paragraph (2) above only requires that information to be included in the application so far as it is known to either the applicant or, where the applicant is a partnership or body corporate, to any of the partners or, as the case may be, to any director, manager, secretary or other similar officer of the body corporate.
5
An application for the transfer of a waste management licence shall be made in writing and shall include the information prescribed by Schedule 2.
Relevant offences
3
An offence is relevant for the purposes of section 74(3)(a) of the 1990 Act if it is an offence under any of the following enactments —
a
section 22 of the Public Health (Scotland) Act 1897 ;
b
section 95(1) of the Public Health Act 1936 ;
c
section 3, 5(6), 16(4), 18(2), 31(1), 32(1), 34(5), 78, 92(6) or 93(3) of the Control of Pollution Act 1974 ;
d
section 2 of the Refuse Disposal (Amenity) Act 1978 ;
e
the Control of Pollution (Special Waste) Regulations 1980;
f
section 9(1) of the Food and Environment Protection Act 1985 ;
g
the Transfrontier Shipment of Hazardous Waste Regulations 1988 ;
h
the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 ;
i
section 1, 5, 6(9) or 7(3) of the Control of Pollution (Amendment) Act 1989;
j
section 107, 118(4) or 175(1) of the Water Act 1989 ;
k
section 23(1), 33, 34(6), 44, 47(6), 57(5), 59(5), 63(2), 69(9), 70(4), 71(3) or 80(4) of the 1990 Act;
l
section 85, 202 or 206 of the Water Resources Act 1991;
m
section 33 of the Clean Air Act 1993 .
Technical competence
4
1
Subject to paragraph (2) and regulation 5 below, a person is technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a facility of a type listed in Table 1 below if, and only if, he is the holder of one of the certificates awarded by the Waste Management Industry Training and Advisory Board specified in that Table as being a relevant certificate of technical competence for that type of facility.
Table 1
Type of facility Relevant certificate of technical competence
A landfill site which receives special waste. Managing landfill operations: special waste (level 4). A landfill site which receives biodegradable waste or which for some other reason requires substantial engineering works to protect the environment but which in either case does not receive any special waste.
1
Managing landfill operations: biodegradable waste (level 4); or
2
Managing landfill operations: special waste (level 4).
Any other type of landfill site with a total capacity exceeding 50,000 cubic metres.
1
Landfill operations: inert waste (level 3); or
2
Managing landfill operations: biodegradable waste (level 4); or
3
Managing landfill operations: special waste (level 4).
A site on which waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than 1 tonne per hour. Managing incinerator operations: special waste (level 4). A waste treatment plant where special waste is subjected to a chemical or physical process. Managing treatment operations: special waste (level 4). A waste treatment plant where waste is subjected to a chemical or physical process and none of the waste is special waste.
1
Treatment operations: inert waste (level 3); or
2
Managing treatment operations: special waste (level 4).
A transfer station where —
biodegradable, clinical or special waste is dealt with; and
the total quantity of waste at the station at any time exceeds 5 cubic metres.
Managing transfer operations: special waste (level 4).
A transfer station where —
no biodegradable, clinical or special waste is dealt with; and
the total quantity of waste at the station at any time exceeds 50 cubic metres.
1
Transfer operations: inert waste (level 3); or
2
Managing transfer operations: special waste (level 4).
A civic amenity site. Civic amenity site operations (level 3).
2
Paragraph (1) above does not apply in relation to a facility which is used exclusively for the purposes of —
a
carrying on business as a scrap metal dealer or, in Scotland, as a metal dealer; or
b
dismantling motor vehicles.
3
In this regulation —
“civic amenity site” means a place provided under section 1 of the Refuse Disposal (Amenity) Act 1978 or by virtue of section 51(1)(b) of the 1990 Act;
“clinical waste” has the meaning given by regulation 1(2) of the Controlled Waste Regulations 1992 ; and
“transfer station” means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere.
Technical competence-transitional provisions
5
1
Where before 10th August 1994 a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence and at any time in the 12 months ending on that date he acted as the manager of a facility of a type listed in Table 1 above for which the certificate is a relevant certificate, then, until 10th August 1999, regulation 4 shall not apply to him in relation to either —
a
any facility of that type; or
b
a facility of any other type if —
i
the certificate is a relevant certificate for that other type of facility; and
ii
the entry for that other type of facility appears, in Table 1 above, after the entry in that Table for the type of facility in respect of which he acted as the manager,
and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to any such facility.
2
Where a person is 55 or over on 10th August 1994 and in the 10 years ending on that date he has had at least 5 years experience as the manager of a facility of a type listed in Table 1 above, then, until 10th August 2004, regulation 4 shall not apply to him in relation to either —
a
any facility of that type; or
b
a facility of any other type if each certificate which is a relevant certificate for the type of facility in relation to which he has had such experience as manager is also a relevant certificate for that other type of facility,
and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to any such facility.
3
A person shall be treated as the manager of a facility for the purposes of paragraph (1) or (2) above if at the relevant time he was the manager of activities which were carried on at that facility and which were authorised by a disposal licence under section 5 of the Control of Pollution Act 1974, a resolution under section 11 of that Act or under section 54 of the 1990 Act, or a waste management licence.
Notice of appeal
6
1
A person who wishes to appeal to the Secretary of State under section 43 or 66(5) of the 1990 Act (appeals to the Secretary of State from decisions with respect to waste management licences or from determinations that information is not commercially confidential) shall do so by notice in writing.
2
The notice shall be accompanied by —
a
a statement of the grounds of appeal;
b
where the appeal relates to an application for a waste management licence or for the modification, surrender or transfer of a waste management licence, a copy of the appellant’s application and any supporting documents;
c
where the appeal relates to a determination under section 66(2) or (4) of the 1990 Act that information is not commercially confidential, the information in question;
d
where the appeal relates to an existing waste management licence (including a waste management licence which has been suspended or revoked), a copy of that waste management licence;
e
a copy of any correspondence relevant to the appeal;
f
a copy of any other document relevant to the appeal including, in particular, any relevant consent, determination, notice, planning permission, established use certificate or certificate of lawful use or development; and
g
a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.
3
The appellant shall serve a copy of his notice of appeal on the waste regulation authority together with copies of the documents mentioned in paragraph (2) above.
4
If the appellant wishes to withdraw an appeal, he shall do so by notifying the Secretary of State in writing and shall send a copy of that notification to the waste regulation authority.
Time limit for making an appeal
7
1
Subject to paragraph (2) below, notice of appeal shall be given —
a
in the case of an appeal under section 43 of the 1990 Act, before the expiry of the period of 6 months beginning with —
i
the date of the decision which is the subject of the appeal; or
ii
the date on which the waste regulation authority is deemed by section 36(9), 37(6), 39(10) or 40(6) of the 1990 Act to have rejected the application;
b
in the case of an appeal under section 66(5) of the 1990 Act, before the expiry of the period of 21 days beginning with the date on which the determination which is the subject of the appeal is notified to the person concerned.
2
The Secretary of State may in relation to an appeal under section 43 of the 1990 Act at any time allow notice of appeal to be given after the expiry of the period mentioned in paragraph (1)(a) above.
Reports of hearings
8
The person hearing an appeal under section 43(2)(c) of the 1990 Act shall, unless he has been appointed to determine the appeal under section 43(2)(b) of that Act, make a written report to the Secretary of State which shall include his conclusions and recommendations or his reasons for not making any recommendations.
Notification of determination
9
1
The Secretary of State or other person determining an appeal shall notify the appellant in writing of his decision and of his reasons.
2
If the Secretary of State determines an appeal after a hearing under section 43(2)(c) of the 1990 Act, he shall provide the appellant with a copy of any report made to him under regulation 8.
3
The Secretary of State or other person determining an appeal shall, at the same time as notifying the appellant of his decision, send the waste regulation authority a copy of any document sent to the appellant under this regulation.
Particulars to be entered in public registers
10
1
Subject to sections 65 and 66 of the 1990 Act and regulation 11, a register maintained by a waste regulation authority under section 64(1) of the 1990 Act shall contain full particulars of —
a
current or recently current waste management licences (“licences”) granted by the authority and any associated working plans;
b
current or recently current applications to the authority for licences, or for the transfer or modification of licences, including details of —
i
documents submitted by applicants containing supporting information;
ii
written representations considered by the authority under section 36(4)(b), (6)(b) or (7)(b) or 37(5) of the 1990 Act;
iii
decisions of the Secretary of State under section 36(5), or, in Scotland, section36(6), of the 1990 Act;
iv
notices by the authority rejecting applications;
v
emergencies resulting in the postponement of references under section 37(5)(a) of the 1990 Act;
c
notices issued by the authority under section 37 of the 1990 Act effecting the modification of licences;
d
notices issued by the authority under section 38 of the 1990 Act effecting the revocation or suspension of licences or imposing requirements on the holders of licences;
e
notices of appeal under section 43 of the 1990 Act relating to decisions of the authority and other documents relating to such appeals served on or sent to the authority under regulation 6(3) or (4) or 9(3);
f
convictions of holders of licences granted by the authority for any offence under Part II of the 1990 Act (whether or not in relation to a licence) including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;
g
reports produced by the authority in discharge of any functions under section 42 of the 1990 Act, including details of —
i
any correspondence with the National Rivers Authority or river purification authority as a result of section 42(2) of the 1990 Act;
ii
remedial or preventive action taken by the authority under section 42(3) of the 1990 Act;
iii
notices issued by the authority under section 42(5) of the 1990 Act;
h
any monitoring information relating to the carrying on of any activity under a licence granted by the authority which was obtained by the authority as a result of its own monitoring or was furnished to the authority in writing by virtue of any condition of the licence or section 71(2) of the 1990 Act;
i
directions given by the Secretary of State to the authority under section 35(7), 37(3), 38(7), 42(8), 50(9), 54(11) or (15), 58 or 66(7) of the 1990 Act;
j
any summary prepared by the authority of the amount of special waste produced or disposed of in their area;
k
registers and records provided to the authority under regulation 13(5) or 14(1) of the Control of Pollution (Special Waste) Regulations 1980 ;
l
applications to the authority under section 39 of the 1990 Act for the surrender of licences, including details of —
i
documents submitted by applicants containing supporting information and evidence;
ii
information and evidence obtained under section 39(4) of the 1990 Act;
iii
written representations considered by the authority under section 39(7)(b) or (8)(b) of the 1990 Act;
iv
decisions by the Secretary of State under section 39(7) or (8) of the 1990 Act; and
v
notices of determination and certificates of completion issued under section 39(9) of the 1990 Act;
m
written reports under section 70(3) of the 1990 Act by inspectors appointed by the authority;
n
in Scotland, resolutions made by the authority under section 54 of the 1990 Act, including details of —
i
proposals made in relation to land in the area of the authority by a waste disposal authority under section 54(4) of the 1990 Act;
ii
statements made and written representations considered by the authority under section 54(4) of the 1990 Act;
iii
requests made to, and disagreements with, the authority which are referred to the Secretary of State under section 54(7) of the 1990 Act and his decisions on such references;
iv
emergencies resulting in the postponement of references under section 54(4) of the 1990 Act.
2
The register shall also contain the following —
a
where an inspector appointed by the authority exercises any power under section 69(3) of the 1990 Act, a record showing when the power was exercised and indicating what information was obtained, and what action was taken, on that occasion;
b
where any information is excluded from the register by virtue of section 66 of the 1990 Act and the information shows whether or not there is compliance with any condition of a waste management licence, a statement based on that information indicating whether or not there is compliance with that condition.
3
A register maintained under section 64(4) of the 1990 Act by a waste collection authority in England which is not a waste regulation authority shall contain full particulars of the following information contained in any register maintained under section 64(1) of the 1990 Act, to the extent that it relates to the treatment, keeping or disposal of controlled waste in the area of the authority —
a
current or recently current waste management licences;
b
notices issued under section 37 of the 1990 Act effecting the modification of waste management licences;
c
notices issued under section 38 of the 1990 Act effecting the revocation or suspension of waste management licences;
d
certificates of completion issued under section 39(9) of the 1990 Act.
4
For the purposes of this regulation, waste management licences are “recently” current for the period of twelve months after they cease to be in force, and applications for waste management licences, or for the transfer or modification of such licences, are “recently”current if they relate to a waste management licence which is current or recently current or, in the case of an application which is rejected, for the period of twelve months beginning with the date on which the waste regulation authority gives notice of rejection or, as the case may be, on which the application is deemed by section 36(9), 37(6) or 40(6) of the 1990 Act to have been rejected.
Information to be excluded or removed from a register
11
1
Nothing in regulation 10(1)(g) or (m) or (2) shall require a register maintained by a waste regulation authority under section 64(1) of the 1990 Act to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of.
2
Nothing in regulation 10 shall require a register maintained by a waste regulation authority or waste collection authority under section 64 of the 1990 Act to contain —
a
any such monitoring information as is mentioned in regulation 10(1)(h) after 4 years have elapsed from that information being entered in the register; or
b
any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register.
Mobile plant
12
An incinerator which is an exempt incinerator for the purposes of Section 5.1 of Schedule 1 to the 1991 Regulations and which is designed to be moved on roads or other land, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1990 Act.
Health at work
13
No conditions shall be imposed in any waste management licence for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work etc.Act 1974 ).
Waste oils
14
1
Where a waste management licence or disposal licence authorises the regeneration of waste oil, it shall include conditions which ensure that base oils derived from regeneration do not constitute a toxic and dangerous waste and do not contain PCBs or PCTs at all or do not contain them in concentrations beyond a specified maximum limit which in no case is to exceed 50 parts per million.
2
Where a waste management licence or disposal licence authorises the keeping of waste oil, it shall include conditions which ensure that it is not mixed with toxic and dangerous waste or PCBs or PCTs.
3
In this regulation —
“PCBs or PCTs” means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both of such substances; and
“toxic and dangerous waste” has the meaning given by Article 1(b) of Council Directive 78/319/EEC .
Groundwater
15
1
Where a waste regulation authority proposes to issue a waste management licence authorising —
a
any disposal or tipping for the purpose of disposal of a substance in list I which might lead to an indirect discharge into groundwater of such a substance;
b
any disposal or tipping for the purpose of disposal of a substance in list II which might lead to an indirect discharge into groundwater of such a substance;
c
a direct discharge into groundwater of a substance in list I; or
d
a direct discharge into groundwater of a substance in list II,
the authority shall ensure that the proposed activities are subjected to prior investigation.
2
The prior investigation referred to in paragraph (1) above shall include examination of the hydrogeological conditions of the area concerned, the possible purifying powers of the soil and sub-soil and the risk of pollution and alteration of the quality of the groundwater from the discharge and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment.
3
A waste management licence shall not be issued in any case within paragraph (1) above until the waste regulation authority has checked that the groundwater, and in particular its quality, will undergo the requisite surveillance.
4
In a case within paragraph (1)(a) or (c) above —
a
where the waste regulation authority is satisfied, in the light of the investigation, that the groundwater which may be affected by a direct or indirect discharge of a substance in list I is permanently unsuitable for other uses, especially domestic and agricultural, the waste management licence may only be issued if the authority is also satisfied that —
i
the presence of that substance once discharged into groundwater will not impede exploitation of ground resources; and
ii
all technical precautions will be taken to ensure that no substance in list I can reach other aquatic systems or harm other ecosystems; and
b
where the waste regulation authority is not satisfied, in the light of the investigation, that the groundwater which may be affected by such a discharge is permanently unsuitable for other uses, especially domestic and agricultural, a waste management licence may only be issued if it is made subject to such conditions as the authority, in the light of the investigations, is satisfied will ensure the observance of all technical precautions necessary to prevent any discharges into groundwater of substances in list I.
5
In a case within paragraph (1)(b) or (d) above, if a waste management licence is issued, it shall be issued subject to such conditions as the waste regulation authority, in the light of the investigation, is satisfied will ensure the observance of all technical precautions for preventing groundwater pollution by substances in list II.
6
Where a waste management licence is granted in any case within paragraph (1)(a) or (b) above, the licence shall be granted on such terms and subject to such conditions as specify —
a
the place where any disposal or tipping which might lead to a discharge into groundwater of any substances in list I or II is to be done;
b
the methods of disposal or tipping which may be used;
c
the essential precautions which must be taken, paying particular attention to the nature and concentration of the substances present in the matter to be disposed of or tipped, the characteristics of the receiving environment and the proximity of the water catchment areas, in particular those for drinking, thermal and mineral water;
d
the maximum quantity permissible, during one or more specified periods of time, of matter containing substances in list I or II and, where possible, of those substances themselves, to be disposed of or tipped and the appropriate requirements as to the concentration of those substances;
e
the technical precautions required by paragraph (4)(b) or (5) above;
f
if necessary, the measures for monitoring the groundwater, and in particular its quality.
7
Where a waste management licence is granted in any case within paragraph (1)(c) or (d) above, the licence shall be granted on such terms and subject to such conditions as specify —
a
the place where any substances in list I or II are to be discharged into groundwater;
b
the method of discharge which may be used;
c
the essential precautions which must be taken, paying particular attention to the nature and concentration of the substances present in the effluents, the characteristics of the receiving environment and the proximity of the water catchment areas, in particular those for drinking, thermal and mineral water;
d
the maximum quantity of a substance in list I or II permissible in an effluent during one or more specified periods of time and the appropriate requirements as to the concentration of those substances;
e
the arrangements enabling effluents discharged into groundwater to be monitored;
f
if necessary, the measures for monitoring the groundwater, and in particular its quality.
8
Any authorisation granted by a waste management licence for an activity within paragraph (1) above shall be granted for a limited period only.
9
Any authorisation granted by a waste management licence for an activity within paragraph (1) above shall be reviewed at least every 4 years.
10
Waste regulation authorities shall review all waste management licences current on 1st May 1994 which authorise any activity within paragraph (1) above and shall, so far as may be necessary to give effect to Council Directive 80/68/EEC , exercise their powers under sections 37 and 38 of the 1990 Act (variation and revocation etc.of waste management licences) in relation to any such authorisation.
11
The foregoing provisions of this regulation apply, with any necessary modifications, to the granting or review by disposal authorities of disposal licences under Part I of the Control of Pollution Act 1974 as they apply to the granting or review by waste regulation authorities of waste management licences.
12
Expressions used both in this regulation and in Council Directive 80/68/EEC have for the purposes of this regulation the same meaning as in that Directive.
Exclusion of activities under other control regimes from waste management licensing
16
1
Subject to paragraph (2) below, section 33(1)(a), (b) and (c) of the 1990 Act shall not apply in relation to the carrying on of any of the following activities —
a
the recovery or disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process designated for central control under section 2(4) of the 1990 Act;
b
the disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations insofar as the activity results in releases of substances into the air;
c
the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 ; and
d
the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being either —
i
the subject of a licence under Part II of the Food and Environment Protection Act 1985 ; or
ii
carried on in circumstances where such a licence would be required but for an order under section 7 of that Act.
2
Paragraph (1)(a) and (b) above does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.
Exemptions from waste management licensing
17
1
Subject to the following provisions of this regulation and to any conditions or limitations in Schedule 3, section 33(1)(a) and (b) of the 1990 Act shall not apply in relation to the carrying on of any exempt activity set out in that Schedule.
2
In the case of an exempt activity set out in paragraph 4, 7, 9, 11, 13, 14, 15, 17, 18, 19, 25, 37, 40 or 41 of Schedule 3, paragraph (1) above only applies if —
a
the exempt activity is carried on by or with the consent of the occupier of the land where the activity is carried on; or
b
the person carrying on the exempt activity is otherwise entitled to do so on that land.
3
Unless otherwise indicated in Schedule 3, paragraph (1) above does not apply to the carrying on of an exempt activity insofar as it involves special waste.
4
Paragraph (1) above only applies in relation to an exempt activity involving the disposal or recovery of waste by an establishment or undertaking if the type and quantity of waste submitted to the activity, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part I of Schedule 4.
5
For the purposes of Schedule 3, a container, lagoon or place is secure in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste, and any reference to secure storage means storage in a secure container, lagoon or place.
Registration in connection with exempt activities
18
1
Subject to paragraph (7) below, it shall be an offence for an establishment or undertaking to carry on, after 31st December 1994, an exempt activity involving the recovery or disposal of waste without being registered with the appropriate registration authority.
2
It shall be the duty of each appropriate registration authority to establish and maintain a register for the purposes of paragraph (1) above of establishments and undertakings carrying on exempt activities involving the recovery or disposal of waste in respect of which it is the appropriate registration authority.
3
Subject to paragraph (4) below, the register shall contain the following particulars in relation to each such establishment or undertaking —
a
the name and address of the establishment or undertaking;
b
the activity which constitutes the exempt activity; and
c
the place where the activity is carried on.
4
The appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing or otherwise becomes aware of those particulars.
5
For the purposes of paragraph (4) above, the appropriate registration authority shall be taken to be aware of the relevant particulars in relation to an exempt activity mentioned in paragraph (10)(a), (b) or (c) below.
6
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
7
The preceding provisions of this regulation shall not apply in the case of an exempt activity to which paragraph 7(3)(c) of Schedule 3 applies, but the appropriate registration authority shall enter in its register the particulars furnished to it pursuant to that provision.
8
Each appropriate registration authority shall secure that any register maintained by it under this regulation is open to inspection at its principal office by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.
9
Registers under this regulation may be kept in any form.
10
For the purposes of this regulation, the appropriate registration authority is —
a
in the case of an exempt activity falling within —
i
paragraph 1, 2, 3 or 24 of Schedule 3; or
ii
paragraph 4 of Schedule 3 if it involves the coating or spraying of metal containers as or as part of a process within Part B of Section 6.5 (coating processes and printing) of Schedule 1 to the 1991 Regulations and the process is for the time being the subject of an authorisation granted under Part I of the 1990 Act, or if it involves storage related to that process; or
iii
paragraph 12 of Schedule 3 if it involves the composting of biodegradable waste as or as part of a process within paragraph (a) of Part B of Section 6.9 (treatment or processing of animal or vegetable matter) of Schedule 1 to the 1991 Regulations, the compost is to be used for the purpose of cultivating mushrooms and the process is for the time being the subject of an authorisation granted under Part I of the 1990 Act, or if it involves storage related to that process,
the local enforcing authority responsible for granting the authorisation under Part I of the 1990 Act for the prescribed process involving the exempt activity, or to which the exempt activity relates;
b
in a case falling within paragraph 16 of Schedule 3, the issuing authority responsible for granting the licence under article 7 or 8 of the Diseases of Animals (Waste Food) Order 1973 under which the exempt activity is carried on;
c
in a case falling within paragraph 23 of Schedule 3 —
i
where the exempt activity is carried on by virtue of a licence under article 5(2)(c) or 6(2)(d), or an approval under article 8, of the Animal By-Products Order 1992 , the Minister;
ii
where the exempt activity is carried on by virtue of a registration under article 9 or 10 of that Order, the appropriate Minister;
iii
where the exempt activity is carried on at a knacker’s yard in respect of which the occupier holds a licence under section 1 of the Slaughterhouses Act 1974 authorising the use of that yard as a knacker’s yard or, in Scotland, in respect of which a licence has been granted under section 6 of the Slaughter of Animals (Scotland) Act 1980 , the local authority;
and in this sub-paragraph “the Minister” and “the appropriate Minister” have the meaning given by section 86(1) of the Animal Health Act 1981 , and “knacker’s yard” and “local authority” have the meaning given by section 34 of the Slaughterhouses Act 1974 or, in Scotland, have the meaning given by section 22 of the Slaughter of Animals (Scotland) Act 1980;
d
in any other case, the waste regulation authority for the area in which the exempt activity is carried on.
Waste Framework Directive
19
Schedule 4 (which implements certain provisions of Council Directive 75/442/EEC on waste ) shall have effect.
Registration of brokers
20
1
Subject to paragraphs (2) to (4) below, it shall be an offence for an establishment or undertaking after 31st December 1994 to arrange (as dealer or broker) for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of controlled waste.
2
Paragraph (1) above shall not apply in relation to an arrangement under which an establishment or undertaking will itself carry out the disposal or recovery of the waste and either —
a
it is authorised to carry out the disposal or recovery of the waste by a waste management licence, an authorisation under Part I of the 1990 Act, a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 or a licence under Part II of the Food and Environment Protection Act 1985; or
b
the recovery of the waste is covered by an exemption conferred by —
i
regulation 17(1) of, and Schedule 3 to, these Regulations; or
ii
article 3 of the Deposits in the Sea (Exemptions) Order 1985 .
3
Paragraph (1) above shall not apply in relation to an arrangement for the disposal or recovery of controlled waste made by a person who is registered as a carrier of controlled waste, or who is registered for the purposes of paragraph 12(1) of Part I of Schedule 4, if as part of the arrangement he transports the waste to or from any place in Great Britain.
4
Paragraph (1) above shall not apply to an establishment or undertaking which —
a
is a charity;
b
is a voluntary organisation within the meaning of section 48(11) of the Local Government Act 1985 or section 83(2D) of the Local Government (Scotland) Act 1973 ;
c
is an authority which is a waste collection authority, waste disposal authority or waste regulation authority; or
d
applies before 1st January 1995 in accordance with Schedule 5 for registration as a broker of controlled waste but only whilst its application is pending (and paragraph 1(4) and (5) of Part I of Schedule 5 shall apply for the purpose of determining whether an application is pending).
5
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Section 157 of the 1990 Act shall apply in relation to an offence under this section as it applies in relation to an offence under that Act.
7
Schedule 5 (which makes provision for the registration of brokers of controlled waste) shall have effect.
8
Sections 68(3) to (5), 69 and 71(2) and (3) of the 1990 Act (power to appoint inspectors, powers of entry and power to obtain information) shall have effect as if the provisions of this regulation and Schedule 5 were provisions of Part II of that Act.
Amendment of the Deposits in the Sea (Exemptions) Order 1985
21
1
The Deposits in the Sea (Exemptions) Order 1985 shall be amended as follows.
2
In article 3, before “A licence is not needed”, there shall be inserted “Subject to article 4,”.
3
After article 3, there shall be added the following articles —
Provisions relating to exemptions involving waste
4
1
Article 3 only applies to an establishment or undertaking in relation to an operation specified in the Schedule to this Order involving the recovery or disposal of waste if —
a
it is carrying out —
i
its own waste disposal at the place of production; or
ii
waste recovery; and
b
the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objective of ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without —
i
risk to water, air, soil, plants or animals; or
ii
causing nuisance through noise or odours; or
iii
adversely affecting the countryside or places of special interest.
2
In this article and in article 5 below, “disposal”, “recovery” and “waste” have the meaning given by regulation 1(3) of the Waste Management Licensing Regulations 1994.
Registration of establishments and undertakings carrying on exempt operations
5
1
It shall be an offence for an establishment or undertaking to carry on, after 31st December 1994, an exempt activity without being registered with the licensing authority.
2
It shall be the duty of each licensing authority to establish and maintain a register for the purposes of paragraph (1) above of establishments and undertakings carrying on exempt activities in the area for which it is the licensing authority.
3
The register shall contain the following particulars in relation to each such establishment or undertaking —
a
the name and address of the establishment or undertaking;
b
the activity which constitutes the exempt activity; and
c
the place where the activity is carried on.
4
The licensing authority shall enter those particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing or otherwise becomes aware of those particulars.
5
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
6
Each licensing authority shall secure that any register maintained by the authority under this article is available, at all reasonable times, for inspection by the public free of charge and shall afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
7
Registers under this article may be kept in any form.
8
In this article, “exempt activity” means any operation specified in the Schedule to this Order involving the disposal or recovery of waste to which article 3 applies.
.
Amendment of the Collection and Disposal of Waste Regulations 1988
22
1
The Collection and Disposal of Waste Regulations 1988 shall be amended as follows.
2
At the beginning of regulation 3, there shall be inserted “Subject to regulations 4 and 7A,”.
3
At the beginning of each of regulations 6 and 7, there shall be inserted “Subject to regulation 7A,”.
4
After regulation 7, the following shall be inserted —
Waste not to be treated as household, industrial or commercial waste
7A
1
For the purposes of all the provisions of Part I of the Act, waste which is not Directive waste shall not be treated as household waste, industrial waste or commercial waste.
2
In this regulation, “Directive waste” has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations 1994.
.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
23
1
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 shall be amended as follows.
2
For regulation 2(1)(c) there shall be substituted —
c
any wholly owned subsidiary of the British Railways Board which has applied in accordance with these Regulations for registration as a carrier of controlled waste but only —
i
if it is registered under paragraph 12 of Schedule 4 to the Waste Management Licensing Regulations 1994; and
ii
whilst its application is pending;
.
3
At the end of regulation 2(1), there shall be added —
i
a person who —
i
is the holder of a knacker’s yard licence or a licence under article 5(2)(c) or 6(2)(d) of the Animal By-Products Order 1992; or
ii
has obtained an approval under article 8 of that Order; or
iii
is registered under article 9 or 10 of that Order,
in relation to the transport of animal by-products in accordance with Schedule 2 to that Order in connection with the activity to which the licence, approval or registration relates.
4
In regulation 2(2), the following definitions shall be inserted at the appropriate places —
“animal by-products” has the same meaning as in article 3(1) of the Animal By-Products Order 1992;
“knacker’s yard licence” —
in relation to England and Wales, has the same meaning as in section 34 of the Slaughterhouses Act 1974 ;
in relation to Scotland, means a licence under section 6 of the Slaughter of Animals (Scotland) Act 1980 ;
“registered broker of controlled waste” has the same meaning as in regulation 20 of, and Schedule 5 to, the Waste Management Licensing Regulations 1994;
“wholly owned subsidiary” has the same meaning as in section 736 of the Companies Act 1985 .
.
5
At the beginning of regulation 4(9), there shall be inserted “Subject to paragraph 3(11)(a) and (b) of Schedule 5 to the Waste Management Licensing Regulations 1994,”.
6
After regulation 4(9)(b), there shall be inserted —
c
in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £25,
.
Amendment of the Controlled Waste Regulations 1992
24
1
The Controlled Waste Regulations 1992 shall be amended as follows.
2
In regulation 1(2) —
a
after the definition of “construction”, there shall be inserted the following —
“Directive waste” has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations 1994;
;
b
in the definition of “part residential subjects”, for “section 26(1) of the Abolition of Domestic Rates etc. (Scotland) Act 1987 ” there shall be substituted “section 99(1) of the Local Government Finance Act 1992 ”.
3
In regulation 2(1), for “Subject to paragraph (2),” there shall be substituted “Subject to paragraph (2) and regulations 3 and 7A,”.
4
In regulation 5(1), for “regulation 7” there shall be substituted “regulations 7 and 7A”.
5
In regulation 5(2)(b), for “regulation 7(1)(c)” there shall be substituted “regulation 7(1)(a) or (c)”.
6
In regulation 6, for “regulation 7” there shall be substituted “regulations 7 and 7A”.
7
At the end of regulation 7, there shall be added —
3
Animal by-products which are collected and transported in accordance with Schedule 2 to the Animal By-Products Order 1992 shall not be treated as industrial waste or commercial waste for the purposes of section 34 (duty of care etc.as respects waste).
4
In this regulation, “animal by-products” has the same meaning as in article 3(1) of the Animal By-Products Order 1992.
8
After regulation 7, the following shall be inserted —
Waste not to be treated as household, industrial or commercial waste
7A
For the purposes of Part II of the Act, waste which is not Directive waste shall not be treated as household waste, industrial waste or commercial waste.
.
9
In paragraphs 8(b) and 11(a) of Schedule 3 and paragraph 9 of Schedule 4, in each place after “section 22(3) of the Control of Pollution Act 1974 ” there shall be inserted “or section 25(2) of the Local Government and Planning (Scotland) Act 1982 ”.
John Selwyn Gummer
Secretary of State for the Environment
31st March 1994
John Redwood
Secretary of State for Wales
12th April 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th March 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Regional Transport (Penalty Fares) Act 1992 (Activating No. 1) Order 1994 and shall come into force on 3rd April 1994.
2
In this Order “ the Act ” means the London Regional Transport (Penalty Fares) Act 1992.
Activation of penalty fares provisions
2
Sections 5 to 9 of the Act shall have effect, as from the date of coming into force of this Order, with respect to all train services provided by London Underground Limited (a subsidiary of London Regional Transport) including to and from stations owned by another person.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Care Service (North Derbyshire) National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the North Derbyshire Health Authority;
“the Trust” means the Community Health Care Service (North Derbyshire) National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 19th April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Livingston Development Corporation) Order 1994 and shall come into force on 31st December 1994.
Exemption in respect of maintenance of ground
2
Maintenance of ground (within the meaning of section 2(2)(f) of the Local Government Act 1988) by Livingston Development Corporation shall not be treated as a defined activity so long as it is undertaken in the area of that authority before 31st December 1996.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th December 1994


text:
1
These Regulations may be cited as the Education (Middle Schools) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In regulation 2(1) of the Education (Middle Schools) Regulations 1980 the words “that is to say, proposals with respect to a school maintained or to be maintained by a local education authority, submitted to the Secretary of State under section 12 or 13 of the Education Act 1980,”shall be omitted.
John Patten
Secretary of State for Education
2nd March 1994
John Redwood
Secretary of State for Wales
5th March 1994


text:
1
This Order shall come into force on 29th September 1994 and may be cited as the A417 Trunk Road (Daglingworth Quarry Junction) Order 1994.
2
The new highway which the Secretary of State proposes to construct along the route described in Schedule to this order shall become a trunk road as from the date when this Order comes into force.
3
The centre line of the new trunk roads is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
5
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2/SWM105, marked “The A417 Trunk Road (Daglingworth Quarry Junction) Order 1994”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order and “a new trunk road” means that highway;
iii
“the trunk road” means the A417 Trunk Road.
Signed by authority of the Secretary of State for Transport
J. D. Gill
Deputy Director South West Construction Programme Division Highways Agency
12th September 1994


text:
Title and commencement
1
This Order may be cited as the Channel Tunnel (Amendment of the Fisheries Act 1981) Order 1994 and shall come into force on 1st July 1994.
Amendment of the Fisheries Act 1981 in its application to the tunnel system
2
The Fisheries Act 1981 shall be amended as followsin section 4 (levies), at the end of subsection (8)(b) there shall be added —
and references to the landing of fish or fish products include references to bringing them through the tunnel system as defined in the Channel Tunnel Act 1987.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
20th May 1994
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
23rd May 1994


text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit — Increases for Dependents) Regulations 1994 and shall come into force as follows–
except for regulation 15(6)(b)(i) and (c)(i), on 13th April 1995;
regulation 15(6)(b)(i) and (c)(i) on 13th May 1995.
2
In these Regulations–
“the Administration Act ” means the Social Security Administration Act 1992 ;
“benefit week” means a period of seven days ending with the day on which the benefit is due to be paid;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
“entitled to child benefit” includes treated as so entitled;
“parent” has the meaning that it bears for the purposes of Part IX of the Contributions and Benefits Act (child benefit);
“standard rate of increase” means the amount specified in column (3) of Part IV of Schedule 4 to the Contributions and Benefits Act which is appropriate in the case of the beneficiary.
3
In these Regulations, except where the context otherwise requires–
a
a reference to a numbered section is a reference to the section of the Contributions and Benefits Act which bears that number;
b
a reference to a numbered regulation is a reference to the regulation in these Regulations which bears that number; and
c
a reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation which bears that number.
Provisions as to maintenance for the purposes of increase of benefit in respect of dependants
2
1
Subject to paragraph (2), a beneficiary shall not, for the purposes of the Contributions and Benefits Act in so far as they relate to incapacity benefit and of these Regulations, be deemed to be wholly or mainly maintaining another person unless the beneficiary–
a
when incapable of work, contributes towards the maintenance of that person an amount not less than the amount of increase of benefit received in respect of that person; and
b
when in employment, or not incapable of work, (except in a case where the dependency did not arise until after that time) contributed more than half of the actual cost of maintenance of that person.
2
In a case where–
a
a person is partly maintained by each of 2 or more other persons each of whom could be entitled to an increase of benefit under the Contributions and Benefits Act in respect of that person if he were wholly or mainly maintaining that person, and
b
the contributions made by those other persons towards the maintenance of that person amount in the aggregate to sums which, if they were contributed by one of them, would be sufficient to satisfy the requirements of paragraph (1),
that person shall for purposes of the Contributions and Benefits Act in so far as they relate to incapacity benefit, be deemed to be wholly or mainly maintained by that one of the said other persons who–
i
makes the larger or largest contribution to the maintenance of that person, or
ii
in a case where no person makes the larger or largest contribution, is the elder or eldest of the said other persons, or
iii
in any case, is a person designated in that behalf by a notice in writing signed by a majority of the said other persons and addressed to the Secretary of State,
so long as that one of the said other persons continues to be entitled to benefit under the Contributions and Benefits Act and to satisfy the condition contained in paragraph (1)(a).
3
A notice given under paragraph (2) and the designation contained in it may be revoked at any time by a fresh notice signed by a majority of such persons and another one of their number may be designated thereby, and accordingly the provisions of that paragraph shall apply to the one so last designated.
Allocation of contributions for a spouse or child
3
1
Subject to the provisions of this regulation, for the purposes of the Contributions and Benefits Act in so far as they relate to incapacity benefit any sum paid by a person by way of contribution towards–
a
the maintenance of his spouse;
b
the cost of providing for a relevant child; or
c
both that maintenance and that cost,
shall be treated for the purposes of section 81(2)(b) (conditions as to cost of providing for a child) and regulations 9 and 12 as such contributions of such respective amounts equal in the aggregate to the sum in respect of his spouse or any relevant child, as may be determined by the adjudicating authority so as to secure as large a payment as possible by way of benefit in respect of dependants.
2
Any sum paid by way of contribution towards the maintenance of a spouse shall not be treated by virtue of this regulation as a sum paid by way of contribution towards the cost of providing for a relevant child, and any sum paid by way of contribution towards the cost of providing for a relevant child shall not be treated as a sum paid by way of contribution towards the maintenance of a spouse, unless in either case the spouse is entitled to child benefit in respect of that relevant child.
3
In this regulation–
“adjudicating authority” means any person or body with responsibility under the Administration Act and regulations made under that Act, for the determination of claims for benefit and questions arising in connection with a claim for, or award of, or disqualification for receiving benefits;
“relevant child” means a child in respect of whom, in the period for which the sum in question is paid by a person, that person is entitled to child benefit or would have been so entitled had he contributed to the cost of providing for the child at a sufficient weekly rate.
Deeming abated benefit to be a contribution for the maintenance of child or adult dependants
4
Where for any period a person (in this regulation referred to as A) is entitled to, or to an increase in the amount of, any benefit prescribed under section 74(3)(a) of the Administration Act (income support and other payments) in respect of another person (in this regulation referred to as B) and the amount of, or of the increase in, any such benefit is abated under that section, then in determining for the purpose of the Contributions and Benefits Act whether A is wholly or mainly maintaining or is contributing at any weekly rate to the maintenance of, or is or has been contributing at any weekly rate to the cost of providing for, B, the amount by which such benefit for any week has been so abated shall be deemed to be a contribution of that amount for that week made by A for the maintenance of B.
Attribution of earnings
5
1
Subject to paragraph (4), for the purposes of section 80(3) and (4) (Beneficiary’s dependant children) and regulation 10 the week to which a person’s earnings are to be attributed shall be determined in accordance with the following provisions of this regulation.
2
Earnings derived from employment as an employed earner or as a self–employed earner (determined in accordance with regulations 2, 3, 4 and 7 of the Social Security Benefit (Computation of Earnings) Regulations 1978 ) which are payable in respect of a period shall be attributed at a weekly amount to a period equal in length to the period in respect of which they are paid beginning with the date on which they are treated as paid under paragraph (3).
3
A payment of earnings to which paragraph (2) applies shall be treated as paid–
a
in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid; and
b
in any other case, on the first day of the benefit week in which it is due to be paid.
4
This regulation does not apply in any case to which regulation 5 of the Social Security Benefit (Computation of Earnings) Regulations 1978 applies.
PART II
Child Dependants
Circumstances in which a person who is not entitled to child benefit is to be treated as if so entitled
6
1
For the purposes of section 80 (increase of benefit in respect of dependent children), in so far as it relates to incapacity benefit, a person shall be treated as if he were entitled to child benefit in respect of a child for any period throughout which–
a
child benefit has been awarded to a parent of that child with whom that child is living and with whom that person is residing and either–
i
the child is being wholly or mainly maintained by that person; or
ii
that person is also a parent of the child; or
b
he, or his spouse with whom he is residing, would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.
2
Where for any period a person who is in Great Britain could have been entitled to receive payment of an amount by way of an increase of incapacity benefit in respect of a child but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom he, or his spouse who is residing with him, is entitled in respect of the child in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the said payment be treated as if he were entitled to child benefit for the period in question.
3
For the purposes of paragraph (1)–
a
“week” means a period of 7 days beginning with a Monday; and
b
a child shall not be regarded as living with a person unless he can be so regarded for the purposes of section 143 (meaning of “person responsible for child”).
Circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled
7
1
For the purposes of section 80 (increase of benefit in respect of dependent children) in so far as they relate to incapacity benefit a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for–
a
any period throughout which–
i
that person, not being a parent of the child, does not fall to be treated as responsible for the child under section 143 (meaning of “person responsible for child”); and
ii
a parent of that child falls to be treated as responsible for the child under that section; or
b
any period throughout which–
i
that person, not being a parent of that child, falls to be treated as responsible for the child under section 143; and
ii
a parent of that child also falls to be treated as responsible for the child under that section; or
c
any day following the day on which that child died.
2
Sub–paragraph (b) of paragraph (1) shall not apply in the case of a person who is wholly or mainly maintaining the child referred to in that sub–paragraph.
3
For the purposes of section 80 (increase of benefit in respect of dependent children) a person who is entitled to child benefit in respect of a child shall be treated as not so entitled for any period for which that benefit is not payable by virtue of any of the provisions of regulations 7 (circumstances in which a person who has ceased to receive full–time education is to continue to be treated as a child), 7A (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education), 7B (child receiving training under the youth training scheme) or 7C (child receiving income support) of the Child Benefit (General) Regulations 1976 or any provision contained in regulations made under section 144(1)(a) (meaning of “child”) in so far as those regulations provide that child benefit is not to be payable by virtue of paragraph (b) of section 142(1) (exclusions and priority) and regulations made under that paragraph.
Contribution towards cost of providing for child
8
1
Where, apart from section 81(1), a person is entitled to receive, in respect of a particular child, an increase of incapacity benefit under any of the provisions of section 80 for any period, and neither of the conditions set out in paragraph (2) is satisfied, that person shall, for the purposes of section 81(2), be deemed as respects that period to be making the contributions so required at a weekly rate not less than that required by that section if–
a
he gives an undertaking in writing to make such contributions; and
b
on receiving the amount of the benefit or increase in question, he in fact makes such contributions.
2
The conditions referred to in paragraph (1) are–
a
that the person would be treated for the purposes of Part IX of the Contributions and Benefits Act as having the child living with him; or
b
that contributions are being made to the cost of providing for the child at a rate equal to the amount of the relevant increase of benefit.
3
Where, in respect of any period, a person fails to make contributions which he has undertaken to make in accordance with paragraph (1), the decision awarding the increase for that period in respect of the child shall be revised.
4
Except in a case to which applies either–
a
regulation 13A of the Social Security Benefit (Persons Abroad) Regulations 1975 (modification of the Contributions and Benefits Act in relation to title to benefit for beneficiary’s child dependants); or
b
any regulation made under section 4(10) of the Social Security (Incapacity for Work) Act 1994 which provides, subject to the regulations for regulation 15 of the Social Security (Dependency) Regulations 1977 to have effect,
paragraph (b) of section 81(2) (contributions mentioned in that paragraph to be over and above those required for the purposes of section 143(1)(b)) shall not apply in a case where neither the beneficiary nor his spouse (if he has a spouse and his spouse is residing with him) is in fact entitled to child benefit in respect of the child in question.
PART III
Adult Dependants
Increase of incapacity benefit for adult dependants and persons having the care of children
9
1
Subject to regulation 14, a beneficiary shall be entitled to an increase of incapacity benefit under section 86A(1) if–
a
he is residing with a spouse of his and either–
i
the spouse is aged at least 60; or
ii
the beneficiary is entitled to an increase of incapacity benefit under section 80 in respect of a child; or
b
he has a spouse who is aged at least 60 and not residing with him but to whose maintenance he contributes at a weekly rate equal to or greater than the rate of the increase; or
c
there is an adult who–
i
is resident with him; and
ii
cares for a child for whom the beneficiary is entitled to an increase under section 80; or
d
subject to paragraph (3) there is an adult who–
i
is not resident with him; and
ii
cares for a child for whom the beneficiary is entitled to an increase under section 80,
and in regulation 10 “dependant” means a person who satisfies the conditions set out in any of the sub–paragraphs of this paragraph.
2
For the purpose of paragraph (1) a person shall be treated as entitled to an increase for a child under section 80 if he would be so entitled if the day in question was a day upon which he was entitled to either short–term incapacity benefit at the higher rate or to long–term incapacity benefit.
3
A beneficiary shall not be entitled to an increase of incapacity benefit under paragraph (1)(d) unless the other person–
a
is employed by the beneficiary in an employment in respect of which the weekly expenses incurred by the beneficiary are not less than the standard rate of increase and was so employed before the beneficiary became incapable of work, subject to the qualification that the condition of employment before that event shall not apply in a case where the necessity for the employment first arose thereafter; or
b
is a person to whose maintenance the beneficiary is contributing at a weekly rate not less than the standard rate of increase.
Earnings rule for increases for adult dependants
10
1
Subject to paragraphs (2) and (3), the increase in benefit to which a beneficiary is entitled under regulation 9 shall not be payable for the benefit week immediately following any benefit week in which the dependant has earnings which exceed the amount of the standard rate of increase.
2
Where the beneficiary is entitled to long–term incapacity benefit or to short–term incapacity benefit at a higher rate under section 30B(4), and the dependant is residing with the beneficiary, the increase of benefit shall not be payable for the benefit week immediately following any benefit week in which the dependant has earnings which exceed the amount specified in paragraph 1 of Part I of Schedule 4 to the Contributions and Benefits Act.
3
In determining the earnings of a dependant for the purposes of this regulation no account shall be taken of any earnings of the dependant from employment by the beneficiary to care for a child such as is mentioned in regulation 9(1)(c).
4
Where the dependant satisfies the conditions set out in regulation 9(1)(d) and is employed by the beneficiary to care for a child such as is mentioned in that sub– paragraph, the increase shall be payable irrespective of the dependant’s earnings.
Apportionment of payments by way of occupational or personal pension made otherwise than weekly
11
For the purpose of section 89 (earnings to include occupational or personal pension for certain purposes) in so far as it relates to incapacity benefit, where payment by way of occupational or personal pension is for any period made otherwise than weekly, the amount of any such payment for any week in that period shall be determined–
a
where payment is made for a year, by dividing the total by 52;
b
where payment is made for three months, by dividing the total by 13;
c
where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;
d
where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or
e
in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.
Contribution to maintenance of adult dependant
12
1
Subject to paragraph (2), for the purposes of regulation 9 (increase of incapacity benefit for adult dependants and persons having the care of children)–
a
a beneficiary shall not be deemed to satisfy the requirement contained in that regulation that he is contributing to the maintenance of his spouse or a person having the care of a child, as the case may be, at a weekly rate of not less than the standard rate of increase unless when in employment, or not incapable of work, (except in a case where the dependency did not arise until later), he contributed to that spouse’s or person’s maintenance at a weekly rate of not less than the standard rate of increase;
b
in a case where an increase of benefit is, apart from the said requirement, payable at a weekly rate less than the standard rate of increase, a beneficiary shall, subject to sub–paragraph (a) above, be deemed to satisfy the said requirement if he is contributing to the maintenance of the spouse or the person having the care of a child at a weekly rate of not less than that of the increase.
2
Where, within one month of having been entitled to an increase–
a
of unemployment benefit under section 82 by virtue of having satisfied the requirement of either–
i
subsection (1)(a)(ii) of that section; or
ii
subsection (3)(b) of that section by reason of her contributing to the maintenance of her husband; or
b
of incapacity benefit under regulation 9 by virtue of having satisfied either the requirement in paragraph (1)(b) or the requirement in paragraph (3)(b) of that regulation,
a person becomes entitled to incapacity benefit which attracts a standard rate of increase higher than that to which he had been entitled, he shall be deemed to satisfy the condition in paragraph (1)(a) if he satisfies it in relation to the benefit to which he had been entitled; and in this paragraph “entitled” includes deemed to have been entitled.
3
Until 13th May 1995 the reference in paragraph (2)(a) to unemployment benefit includes a reference to sickness benefit.
Increase of short–term incapacity benefit for persons over pensionable age
13
1
In relation to any increase of short–term incapacity benefit to which section 87 (rate of increase where associated retirement pension is attributable to reduced contributions) applies the amount of such increase shall be determined in accordance with the following provisions of this regulation.
2
The amount of the increase shall be the relevant percentage of the amount specified in column 3 of paragraph 1A of Part IV of Schedule 4 to the Contributions and Benefits Act (increases for dependants).
3
In this regulation “relevant percentage” means the percentage specified in regulation 6(3B) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (reduced rates of benefit where contribution record is deficient).
Disqualification for receipt of increases in cases of imprisonment and absence abroad
14
1
Subject to paragraph (2), where an adult (other than the spouse of the beneficiary) in respect of whom a beneficiary is entitled to an increase of incapacity benefit under paragraph (1)(c) or (d) of regulation 9 is absent from Great Britain, or is undergoing imprisonment or detention in legal custody, the beneficiary shall not be entitled to that increase.
2
Paragraph (1) shall not apply in the case of an adult who is absent from Great Britain and who is resident with the beneficiary in circumstances where the disqualification for receipt of incapacity benefit does not apply in the case of the beneficiary by virtue of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 1975 .
PART IV
Consequential Amendments
Amendment of the Social Security (Dependency) Regulations 1977
15
1
The Social Security (Dependency) Regulations 1977 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1 of those Regulations–
a
for paragraph (3) there shall be substituted the following paragraph–
3
Regulations 2(2) and (3), 4 and 5(1) shall, with any necessary modifications, apply to invalid care allowance as they apply to retirement pension.
; and
b
after paragraph (3) there shall be inserted the following paragraph–
3A
Nothing in these Regulations applies for the purposes of incapacity benefit under section 30A of the Contributions and Benefits Act.
.
3
In regulation 3 of those Regulations–
a
in paragraph (1) the words “47(1)(a)” shall be omitted; and
b
in paragraph (5) for the words “,45A(2)(b) and 47(1)(a)” there shall be substituted the words “and 45A(2)(b)”.
4
In paragraph (1)(a) of regulation 8 of those Regulations the words “or invalidity pension” shall be omitted.
5
In regulation 10 of those Regulations–
a
in paragraph (1) the words “or sickness” and the words “or an invalidity pension” shall be omitted; and
b
in paragraph (3) the words “sickness benefit, or” shall be omitted.
6
In regulation 11 of those Regulations–
a
in paragraph (1) the words “47(1)(a)” and (in both places where they occur) the words “, sickness benefit, an invalidity pension”, shall be omitted;
b
in paragraph (2)–
i
the words “, or sickness benefit” shall be omitted; and
ii
after the words “(but no other requirement in that sub–paragraph),” there shall be inserted the words “or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,”;
c
in paragraph (2A) –
i
the words “or sickness benefit” shall be omitted; and
ii
after the words “at a weekly rate not less than the standard rate of increase,” there shall be inserted the words “or of having been entitled to an increase of short–term incapacity benefit by virtue of having satisfied the requirements of regulation 9(1)(b) or (3)(b) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994,”; and
d
in paragraph (3) the words “or sickness benefit” shall be omitted.
7
For regulation 12 of those Regulations there shall be substituted the following regulation–
Prescribed circumstances for the purposes of section 90 of the Social Security Contributions and Benefits Act
12
1
The provisions of Part IV of the Contributions and Benefits Act (increases for dependants) and of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994 shall apply in relation to increases of severe disablement allowance for child or adult dependants under section 90 of the Contributions and Benefits Act as they apply to increases of long–term incapacity benefit for child or adult dependants.
2
For the purposes of increases of invalid care allowance for child or adult dependants under section 90 of the Contributions and Benefits Act, the prescribed circumstances in which a beneficiary is entitled to such an increase shall be as set out in Schedule 2 to these Regulations.
.
8
In regulation 13 of those Regulations–
a
in the heading the words “,sickness benefit and invalidity pension”; and
b
in paragraph (1) the words “,sickness benefit or invalidity pension”,
shall be omitted.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
21st November 1994


text:
Citation and commencement
1
This Order may be cited as the Suffolk and Essex Water (Amendment of Local Enactments etc.) Order 1994 and shall come into force on 31st March 1994.
Amendment of references in local statutory provisions etc.
2
1
As from 31st March 1994 any reference to, or to the undertaking of, Suffolk in any local statutory provision and in any charges scheme made by Suffolk under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2) below, as a reference to Essex or, as the case may be, to the undertaking of Essex.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 31st March 1994.
Repeal of local statutory provisions
3
The local statutory provisions referred to in the Schedule to this Order are repealed to the extent indicated in that Schedule with effect from 31st March 1994.
Signed by authority of the Secretary of State
N. W. Summerton
An Under Secretary in the
Department of the Environment
29th March 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Estonia) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Estonia with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Estonia;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Estonia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
1
This Order may be cited as the Family Law Act 1986 (Dependent Territories) (Amendment) Order 1994 and shall come into force on 6th December 1994.
2
Paragraph 19(1) of Schedule 2 to the Family Law Act 1986 (Dependent Territories) Order 1991 shall be amended by the insertion of the words “(within the meaning of the Family Law Act 1986 (Dependent Territories) Order 1991)” after the words “or out of any specified dependent territory”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 and shall come into force on 1st September 1994.
2
In these Regulations “unit” means a pupil referral unit.
Application and modification of enactments
2
The enactments mentioned in Schedule 1 to these Regulations apply in relation to units with the modifications prescribed in that Schedule.
Enactments disapplied
3
The enactments mentioned in Schedule 2 to these Regulations do not apply in relation to units.
Amendments to the Education (School Information) (England) Regulations 1994
4
The Education (School Information) (England) Regulations 1994 are amended as provided in Schedule 3 to these Regulations.


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry (Restructuring Date) Order 1994.
2
In this Order “the Act” means the Coal Industry Act 1994.
Appointment of restructuring date
2
The date appointed for the purposes of section 7 of the Act shall be 31st October 1994.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
29th September 1994


text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1994, shall apply to Great Britain, and shall come into force on 22nd January 1994.
Amendment of the Hill Livestock (Compensatory Allowances) Regulations 1993
2
The Hill Livestock (Compensatory Allowances) Regulations 1993 shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 3 thereof (compensatory allowances) —
a
in paragraph (3)(b)(i) there shall be substituted for the words “is available” the words “appears to the appropriate Minister to have been available”; and
b
in paragraph (4)(b)(ii) there shall be substituted for the words “is available” the words “the appropriate Minister is satisfied was available”.
4
In regulation 9 thereof (release from undertaking) there shall be substituted for the words “shall be released” the words “is released”.
5
In regulation 10(1) thereof (withholding or recovery of compensatory allowance) there shall be substituted for the words “which has not been released in accordance with regulation 9” the words “from which he has not been released by virtue of regulation 9”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th January 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th January 1994


text:
1
This Order may be cited as the London North Circular Trunk Road (A406) (Barnet, Brent and Ealing) (Speed Limits) Order 1994 and shall come into force on 5th November 1994.
2
In this Order —
“the trunk road” means the London North Circular Trunk Road (A406);
“the main route” means that length of the main carriageways of the trunk road which extends from a point opposite the northern kerbline of Woodville Gardens, Ealing, northwards and north-eastwards to its western junction with the A1 Trunk Road, Barnet;
“Abbey Road north-eastbound access slip road” means that length of the trunk road lying to the east of Abbey Road which links Abbey Road with the north-eastbound carriageway of the main route;
“Abbey Road north-eastbound exit slip road” means that length of the trunk road lying to the west of Abbey Road which links the north-eastbound carriageway of the main route with Abbey Road;
“Abbey Road south-westbound access slip road” means that length of the trunk road lying to the west of Abbey Road which links Abbey Road with the south-westbound carriageway of the main route;
“Abbey Road south-westbound exit slip road” means that length of the trunk road lying to the east of Abbey Road which links the south-westbound carriageway of the main route with Abbey Road;
“Harrow Road access slip road” means that length of the trunk road lying to the east of Harrow Road (A404) which links Harrow Road with the north-eastbound carriageway of the main route;
“Harrow Road exit slip road” means that length of the trunk road lying to the westof Harrow Road which links the north-eastbound carriageway of the main routewith Harrow Road;
“Brentfield access slip road” means that length of the trunk road lying to the westof Brentfield (A404) which links Brentfield with the south-westbound carriageway of the main route;
“Brentfield exit slip road” means that length of the trunk road lying to the eastof Brentfield which links the south-westbound carriageway of the main route with Brentfield;
“the service road” means the service road on the north-west side of and parallelwith the main route between a point opposite the north-eastern kerbline of Park Avenue (NW10) and Harrow Road exit slip road;
“Staples Corner roundabout” means the roundabout at the intersection of the trunk road and Edgware Road;
“Edgware Road” means that length of the London-Holyhead road (A5) in the London Boroughs of Barnet and Brent known as Edgware Road and West Hendon Broadway;
“M1 Motorway roundabout” means the roundabout at the junction of the trunk road and the M1 Motorway;
“M1 Motorway” means the London-Yorkshire Motorway;
“the A5 service road” means that length of road which links the eastbound exit slip road with the north-west slip road;
“the connecting road” means that length of road which links the M1 Motorway roundabout and Staples Corner roundabout;
“the eastbound exit slip road” means that length of road which links the eastbound carriageway of the main route with Staples Corner roundabout;
“the north-east access slip road” means that length of road which links theM1 Motorway roundabout with the eastbound carriageway of the main route;
“the south-east exit slip road” means that length of road which links the westbound carriageway of the main route with the M1 Motorway roundabout;
“the westbound access slip road” means that length of road which links Staples Corner roundabout with the westbound carriageway of the main route;
“the south-east slip road” means that length of road lying to the south of the trunk road which links Staples Corner roundabout with the southbound main carriageway of Edgware Road;
“the south-west slip road” means that length of road lying to the south of the trunk road which links the northbound main carriageway of Edgware Road with Staples Corner roundabout;
“the north-east slip road” means that length of road lying to the north of the trunk road which links the southbound main carriageway of Edgware Road with Staples Corner roundabout; and
“the north-west slip road” means that length of road lying to the north of the trunk road which links Staples Corner roundabout with the northbound main carriageway of Edgware Road.
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of road specified in Schedule 1 to this Order.
4
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on any of the lengths of road specified in Schedule 2 to this Order.
5
The lengths of road specified in Schedule 3 to this Order shall be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
6
The Orders specified in Schedule 4 to this Order are hereby revoked.
7
1
The London Traffic (40 m.p.h. Speed Limit) ( No. 1) Regulations 1958 shall be varied as follows.
2
In the Schedule, sub-paragraph (1) of paragraph 1 shall be omitted.
Signed by authority of the Secretary of State for Transport
D Heaps
A Grade 6 Officer
Highways Agency London Office
31st October 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains Extension) Designation (Amendment) Order 1994 and shall come into force on 1st March 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Cambrian Mountains-Extension) Designation Order 1987 .
Amendments of the principal Order
3
1
The principal Order shall be further amended in accordance with the provisions of paragraphs (2) to (8) of this article.
2
For paragraph (1) of article 2 (interpretation) there shall be substituted the following paragraph —
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land other than land which is enclosed unimproved grassland, enclosed partially improved grassland, hay meadow, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“hay meadow” means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predominately of bent ( Agrostis ), fescue ( Festuca ), bracken ( Pteridium aqulinum ), purple moor grass ( Molinia caerulea ), mat grass ( Nardus stricta ), heather ( Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus ), cotton grass ( Eriophorm ) or deer grass ( Trichophorum cespitosum );
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog, willow carr and, except insofar as such land is bordered by broadleaved woodland, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land.
.
3
In article 2(2) (interpretation) the words “or Schedule” shall be inserted after the word “article” each time it occurs.
4
In article 3 (designation of environmentally sensitive area) for “Plas Crug, Aberystwyth, Dyfed, SY23 1NG” there shall be substituted “Trawsgoed, Aberystwyth, Dyfed, SY23 4HT”.
5
For article 4 (requirements to be included in agreement) there shall be substituted the following article —
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
.
6
In article 5(a) (breach of requirements or provisions) the word “civil” shall be omitted.
7
For article 6 (rates of payment under agreement) there shall be substituted the following article —
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Secretary of State shall make payments under an agreement at the rate of £20 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares the Secretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates —
a
£10 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares;
b
£5 per annum for each hectare of land which exceeds 50 hectares but which is less than 101 hectares; and
c
£3 per annum for each hectare of land which exceeds 100 hectares.
3
Where an agreement includes land of the types to which paragraph 2 of Schedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates —
a
£25 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather;
d
£45 per annum for each hectare of wetland;
e
£35 per annum for each hectare of hay meadow; and
f
£60 per annum for each hectare of buffer zone.
4
Where an agreement includes the additional provisions specified in Schedule 2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the following rates —
a
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2;
b
£90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 2 of Schedule 2;
c
£25 per annum for each hectare of hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 3 of Schedule 2;
d
£20 per annum for each hectare of semi-natural rough grazings where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 2;
e
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 2;
f
£70 per annum for each hectare of land which is suitable for reversion to hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 2; and
g
£80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 2.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) above, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare.
subject to a maximum of 3 metres of a field boundary per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
6
Subject to paragraph (7) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
7
The payments under paragraph (6) above shall not exceed a maximum of £4,000 per agreement.
.
8
For the Schedule to the principal Order there shall be substituted the Schedules set out in the Schedule to this Order.
Saving
4
Nothing in article 3 of this Order affects an agreement entered into on or before 28th February 1994.
John Redwood
Secretary of State for Wales
20th January 1994
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 1994