text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.5) Regulations 1994 and shall come into force —
a
for the purposes of this regulation and regulations 22 to 33, on 3rd October 1994;
b
for the purposes of regulations 2 to 21, on 4th October 1994.
2
Regulations 22 to 33 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 3rd October 1994 which applies in his case.
3
In paragraph (2) above the expressions “claimant” and “benefit week” have the same meanings as in the Income Support Regulations .
4
Regulations 2 to 21 of these Regulations shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 4th October 1994; or
b
where a claimant has an award of disability working allowance or family credit which is current on 3rd October 1994, on the day following the expiration of that award.
5
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 6 of the Disability Working Allowance Regulations
2
In regulation 6 of the Disability Working Allowance Regulations (remunerative work) —
a
for paragraph (3) there shall be substituted the following paragraph —
3
A person who otherwise satisfies all the requirements of paragraph (1) shall not be treated as engaged in remunerative work insofar as —
a
he is engaged by a charitable or voluntary organisation or is a volunteer, where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 27(2) and paragraph 2 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings);
b
he is engaged in caring for a person in respect of whom he receives payments to which paragraph 24 of Schedule 3 refers; or
c
he is engaged on a scheme for which a training allowance is being paid.
;
b
after paragraph (7) there shall b e added the following paragraph —
8
“Voluntary organisation” in paragraph (3) means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit.
.
Amendment of regulation 17 of the Disability Working Allowance Regulations
3
In regulation 17(1)(c) of the Disability Working Allowance Regulations (normal weekly earnings of self-employed earners) after the word “weeks” there shall be inserted the words “or months”.
Amendment of regulations 22, 26 and 29 of the Disability Working Allowance Regulations
4
In regulations 22(4)(a), 26(1) and 29(6)(a) of the Disability Working Allowance Regulations (calculation of net earnings of employed earners, deduction of tax and contributions for self-employed earners and notional income) the words “and, if appropriate, the basic rate” shall be omitted.
Further amendment of regulation 22 of the Disability Working Allowance Regulations
5
1
Regulation 22 of the Disability Working Allowance Regulations (calculation of net earnings of employed earners) shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (3)(b) after the word “claimant” there shall be inserted the words “in respect of a pay period”.
3
For sub-paragraph (c) of paragraph (4) there shall be substituted the following sub-paragraph —
c
one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
.
Amendment of regulation 24 of the Disability Working Allowance Regulations
6
In regulation 24 of the Disability Working Allowance Regulations (earnings of self-employed earners) —
a
in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)”;
b
after paragraph (2) the following paragraph shall be added —
3
“Earnings” shall not include any payments to which paragraph 24 of Schedule 3 refers (sums to be disregarded in the calculation of income other than earnings).
.
Amendment of regulation 34 of the Disability Working Allowance Regulations
7
In regulation 34(6) of the Disability Working Allowance Regulations (income treated as capital) after the words “regulation 18(2)” there shall be inserted the words “or (2A)”.
Substitution of regulation 56 of the Disability Working Allowance Regulations
8
For regulation 56 of the Disability Working Allowance Regulations (overlapping awards of disability working allowance) there shall be substituted the following regulation —
Overlapping awards
56
1
An award of disability working allowance (the new award) which is made in consequence of a claim in respect of a period beginning before the commencement of an existing award of disability working allowance (the existing award) and which overlaps with the period of the existing award, shall be treated as a relevant change of circumstances affecting the existing award and the existing award shall be reviewed and shall terminate with effect from the date on which the decision of the adjudication officer making the new award is notified to the claimant.
2
An award of family credit which is made in consequence of a claim in respect of a period beginning before the commencement of an existing award of disability working allowance (the existing award) and which overlaps with the period of the existing award, shall be treated as a change of circumstances affecting the existing award and the existing award shall be reviewed and shall terminate with effect from the date on which the decision of the adjudication officer awarding family credit is notified to the claimant.
.
Amendment of Schedule 3 to the Disability Working Allowance Regulations
9
In Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 17 for head (i) there shall be substituted the following head —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
;
b
after paragraph 49 there shall be added the following new paragraphs —
50
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows) .
51
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows) , the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
52
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances) .
.
Amendment of Schedule 4 to the Disability Working Allowance Regulations
10
In Schedule 4 to the Disability Working Allowance Regulations (capital to be disregarded) —
a
in paragraph 42 after the words “income other than earnings)” there shall be inserted the words “or of any amount which is disregarded under paragraph 50, 51 or 52 of that Schedule”;
b
after paragraph 44, the following paragraphs shall be added —
45
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court , the County Court under Order 10 of the County Court Rules 1981 , or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
46
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under Rule 36.14 of the Ordinary Cause Rules 1993 , or under Rule 128 of the Ordinary Cause Rules , where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Amendment of regulation 4 of the Family Credit Regulations
11
In regulation 4 of the Family Credit Regulations (remunerative work) —
a
for paragraph (3) there shall be substituted the following paragraph —
3
A person who otherwise satisfies all the requirements of paragraph (1) shall not be treated as engaged in remunerative work insofar as —
a
he is engaged by a charitable or voluntary organisation or is a volunteer, where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 24(2) and paragraph 2 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings);
b
he is engaged in caring for a person in respect of whom he receives payments to which paragraph 24 of Schedule 2 refers; or
c
he is engaged on a scheme for which a training allowance is being paid.
;
b
after paragraph (7) there shall be added the following paragraph —
8
“Voluntary organisation” in paragraph (3) means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit.
.
Amendment of regulation 14 of the Family Credit Regulations
12
In regulation 14 of the Family Credit Regulations (normal weekly earnings of employed earners) —
a
in paragraph (2) —
i
for the words “paragraphs (3) to (6)” there shall be substituted the words “paragraphs (2A) to (6)”;
ii
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
a week —
i
except where head (ii) applies, a period of 6 consecutive weeks immediately preceding the week of claim; or
ii
where the adjudication officer has insufficient information for the claimant’s normal weekly earnings to be determined in accordance with head (i), a period of 6 consecutive weeks ending with the week before the week immediately preceding the week of claim;
;
iii
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
a fortnight, a period of three consecutive fortnights in the 7 weeks immediately preceding the week of claim;
;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Where an adjudication officer considers, on the basis of available evidence, that the claimant has elected to work fewer hours than he would otherwise have worked in the whole or part of the assessment period referred to in paragraph (2) with the result that, but for this paragraph, he would secure entitlement or increased entitlement to family credit, the adjudication officer may determine the claimant’s normal weekly earnings by reference to his earnings during the period equal to, and ending immediately before, the period determined in accordance with paragraph (2), unless the claimant satisfies him that the reason for reducing his hours of work was otherwise than to secure such an entitlement or increased entitlement.
;
c
in paragraph (7)(b) for the word “regularly” there shall be substituted the word “normally”.
Amendment of regulation 15 of the Family Credit Regulations
13
In regulation 15(1)(c) of the Family Credit Regulations (normal weekly earnings of self-employed earners) after the word “weeks” there shall be inserted the words “or months”.
Amendment of regulations 20, 23 and 26 of the Family Credit Regulations
14
In regulations 20(4)(a), 23(1) and 26(6)(a) of the Family Credit Regulations (calculation of net earnings of emlpoyed earners, deduction of tax and contributions for self-employed earners and notional income) the words “and, if appropriate, the basic rate” shall be omitted.
Further amendment of regulation 20 of the Family Credit Regulations
15
1
Regulation 20 of the Family Credit Regulations (calculation of net earnings of employed earners) shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph (3)(b) after the word “claimant” there shall be inserted the words “in respect of a pay period”.
3
For sub-paragraph (c) of paragraph (4) there shall be substituted the following sub-paragraph —
c
one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
.
Amendment of regulation 20ZA of the Family Credit Regulations
16
In regulation 20ZA of the Family Credit Regulations (calculation of net earnings of directors) —
a
in paragraph (3)(b) after the word “claimant” there shall be inserted the words “in respect of a pay period”;
b
in paragraph (4)(a) for the words “the lower rate and, if appropriate, the basic rate of tax” there shall be substituted the words “the earnings to which the lower rate of tax is to be applied”;
c
in paragraph (4)(c) the words “, if the earnings so estimated were actual earnings.” shall be added at the end.
Amendment of regulation 21 of the Family Credit Regulations
17
In regulation 21 of the Family Credit Regulations (earnings of self-employed earners) —
a
in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)”;
b
after paragraph (2) the following paragraph shall be added —
3
“Earnings” shall not include any payments to which paragraph 24 of Schedule 2 refers (sums to be disregarded in the calculation of income other than earnings).
.
Amendment of regulation 31 of the Family Credit Regulations
18
In regulation 31(6) of the Family Credit Regulations (income treated as capital) after the words “regulation 16(2)” there shall be inserted the words “or (2A)”.
Substitution of regulation 51 of the Family Credit Regulations
19
For regulation 51 of the Family Credit Regulations (overlapping awards of family credit) there shall be substituted the following regulation —
Overlapping awards
51
1
An award of family credit (the new award) which is made in consequence of a claim in respect of a period beginning before the commencement of an existing award of family credit (the existing award) and which overlaps with the period of the existing award, shall be treated as a relevant change of circumstances affecting the existing award and the existing award shall be reviewed and shall terminate with effect from the date on which the decision of the adjudication officer making the new award is notified to the claimant.
2
An award of disability working allowance which is made in consequence of a claim in respect of a period beginning before the commencement of an existing award of family credit (the existing award) and which overlaps with the period of the existing award, shall be treated as a change of circumstances affecting the existing award and the existing award shall be reviewed and shall terminate with effect from the date on which the decision of the adjudication officer awarding disability working allowance is notified to the claimant.
.
Amendment of Schedule 2 to the Family Credit Regulations
20
In Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 17 for head (i) there shall be substituted the following head —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loa` n, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
;
b
after paragraph 51 there shall be added the following new paragraphs —
52
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
53
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows), the sum specified in paragraph (1)(c) of Schedule 4 to that Scheme.
54
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
.
Amendment of Schedule 3 to the Family Credit Regulations
21
In Schedule 3 to the Family Credit Regulations (capital to be disregarded) —
a
in paragraph 43 after the words “income other than earnings)” there shall be inserted the words “or of any amount which is disregarded under paragraph 52, 53 or 54 of that Schedule.”;
b
after paragraph 45 , the following paragraphs shall be added —
46
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981, or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
47
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965, or under Rule 36.14 of the Ordinary Cause Rules 1993, or under Rule 128 of the Ordinary Cause Rules, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Amendment of regulation 2 of the Income Support Regulations
22
In regulation 2(1) of the Income Support Regulations (interpretation) —
a
after the definition of “payment” there shall be inserted the following definition —
“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other shorter or longer period as the case may be;
;
b
for the definition of “year of assessment” the following definition shall be substituted —
“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 6 of the Income Support Regulations
23
In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work) —
a
in paragraph (c) for the words “voluntary body” there shall be substituted the words “voluntary organisation being a body, other than a public or local authority, the activities of which are carried on otherwise than for profit,”;
b
in paragraph (k) after the words “paragraph 26” there shall be inserted the words “or in accordance with paragraph 27” and for the words “that paragraph” there shall be substituted the words “those paragraphs”.
Amendment of regulation 19 of the Income Support Regulations
24
1
Regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care homes and nursing homes) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1ZB)(a) at the end there shall be added the following new head —
iii
was not in that week entitled to income support, but was residing with his partner as a member of a couple on the relevant date where the partner was a person to whom head (i) or (ii) applies; or
.
3
In paragraph (1ZE) at the beginning there shall be inserted the words “In England and Wales,”.
4
After paragraph (1ZE) there shall be inserted the following new paragraph —
1ZEA
Where, in Scotland, a person would have had a preserved right by virtue of paragraph (1ZB)(a)(ii) or (1ZC) but for the provisions of paragraph (1ZE) as it originally had effect, that person shall be treated from the date this regulation has effect in respect of him as though the first two paragraphs referred to continued to have effect in his case.
.
5
after paragraph (1ZM) the following paragraphs shall be added —
1ZN
Where a person —
a
on 31st March 1993 was a member of a couple and his partner acquired a preserved right under paragraph (1ZB)(a)(i);
b
before 3rd October 1994 ceased to be a member of a couple; and
c
between 31st March 1993 and 3rd October 1994 has been living in a residential care home or a nursing home,
he shall be treated for the purposes of this regulation as having a preserved right from 3rd October 1994.
1ZO
Subject to paragraph (1ZG), where a person would have been living in a residential care home or nursing home on 31st March 1993 but for an absence which, including that day, does not exceed —
a
where the person was before his absence a temporary resident in the home, 4 weeks; or
b
where the person was before his absence a permanent resident in the home, 13 weeks; or
c
where throughout the period of absence the person was a patient, 52 weeks,
and the provisions of paragraph (1ZN) would have applied to him but for that absence, he shall be treated as having a preserved right from 3rd October 1994.
1ZP
Where a person is treated as having a preserved right in accordance with paragraphs (1ZK), (1ZN) or (1ZO) above, paragraph (1ZG) shall apply to that person as if he had acquired a preserved right under paragraph (1ZB).
1ZQ
Where a person to whom paragraph (IZO) refers is absent from a residential care home or nursing home in the period from 31st March 1993 to 3rd October 1994 for a period which exceeds a period to which paragraph (1ZO) refers and which is appropriate in his case, he shall cease to be treated as having a preserved right.
.
Amendment of regulation 21 of the Income Support Regulations
25
In regulation 21 of the Income Support Regulations (special cases) —
a
in paragraph (3) in sub-paragraph (b) of the definition of “residential accom-modation”, the words from “other than” to “drug addicts” shall be omitted;
b
after paragraph (3C) there shall be inserted the following paragraphs —
3D
In Scotland, in a case where on the 31st March 1993 a person was in or was temporarily absent from accommodation provided under section 13B in a private or voluntary sector home, section 59(2)(c) of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 in a voluntary or private sector home, the definition of “residential accommodation” in paragraph (3) shall have effect in that case as if —
a
for the words “provided by a local authority in a home owned or managed by that or another local authority” there were substituted the words “provided in accordance with arrangements made by a local authority”; and
b
for the words in sub-paragraph (b) “under section 13B or 59” there were substituted the words “under section 13B or 59(2)(c)”;
and for the purpose of this paragraph the definition of “residential accommodation” above shall continue to have effect as though the words “other than in premises registered under section 61 of that Act (registration) and which are used for the rehabilitation of alcoholics or drug addicts,” were retained at the end of sub-paragraph (b) of the definition.
3E
In Scotland, in a case where on 31st March 1993 a person was in or was temporarily absent from accommodation the provision of which was secured by a local authority under section 13B in a home owned or managed by that or another local authority, section 59(2)(a) or (b) of the Social Work (Scotland) Act 1968, or section 7 of the Mental Health (Scotland) Act 1984 in a home owned or managed by that or another local authority, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if, after the words “by that or another local authority” there were inserted the words “or provided in accordance with arrangements made by a local authority”.
.
Amendment of regulations 36 and 42 of the Income Support Regulations
26
In regulations 36(3)(b) and 42(8)(c) of the Income Support Regulations (calculation of net earnings of employed earners and notional income) after the word “claimant” there shall be inserted the words “in respect of a pay period”.
Amendment of regulation 37 of the Income Support Regulations
27
In regulation 37 of the Income Support Regulations (earnings of self-employed earners) for sub-paragraph (b) of paragraph (2) there shall be substituted the following sub-paragraph —
b
any payment to which paragraph 26 or 27 of Schedule 9 refers (payments in respect of a person accommodated with the claimant under an arrangement made by a local authority or voluntary organisation and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
.
Amendment of regulation 38 of the Income Support Regulations
28
In regulation 38(1)(b)(ii) and (3)(c) of the Income Support Regulations (calculation of net profit of self-employed earners) after the word “paid” there shall be inserted the words “in the period that is relevant under regulation 30”.
Amendment of regulations 39 and 42 of the Income Support Regulations
29
In regulations 39(1) and 42(8)(a) of the Income Support Regulations (deduction of tax and contributions for self-employed earners and notional income) the words “and, if appropriate, the basic rate” shall be omitted.
Amendment of Schedule 2 to the Income Support Regulations
30
1
Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 12(1)(a)(i) for the words from “section 15” to “of that Act” there shall be substituted the words “Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act”.
3
In paragraph 12(1)(c)(i) for the words “section 15 of the Social Security Act” there shall be substituted the words “Part II of the Contributions and Benefits Act” and for the words “the Social Security Act” the second time they appear there shall be substituted the words “that Act”.
4
After sub-paragraph (3A) of paragraph 13 the following new sub-paragraph shall be inserted —
3ZA
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.
.
Amendment of Schedule 7 to the Income Support Regulations
31
In Schedule 7 to the Income Support Regulations (applicable amounts in special cases) —
a
in Column 2 of paragraph 13A for the sum “£290” each time it appears there shall be substituted the sum “£325”;
b
after paragraph 13A there shall be inserted the following new paragraph —
Polish resettlement: Persons temporarily absent from accommodation
13B
Where a claimant or his partner is temporarily absent from accommodation to which paragraph 13A applies for which the claimant is liable to pay a retaining fee, and but for that absence from that accommodation his applicable amount would be calculated in accordance with that paragraph and the absent person —
a
is a patient; or
b
is a person to whom sub-paragraph (a) does not apply.
13B
The amount otherwise applicable to him under these Regulations may be increased to take account of the retaining fee —
a
in a case to which sub-paragraph (a) of Column 1 applies —
i
where the person has been a patient for a period of 6 weeks or less, by an amount not exceeding the maximum amount referred to in paragraph 13A(2)(a);
ii
where the person has been a patient for a period of more than 6 weeks, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a con-tinuous period of more than 52 weeks;
b
in a case of a person to whom sub-paragraph (b) of Column 1 applies, by an amount not exceeding 80 per cent. of the normal weekly charge for that accommodation, but any such increase shall not be for a continuous period of more than 4 weeks.
.
Amendment of Schedule 9 to the Income Support Regulations
32
1
Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 17 for head (i) there shall be substituted the following head —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
.
3
After paragraph 53 there shall be added the following new paragraphs —
54
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
55
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
56
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).
.
Amendment of Schedule 10 to the Income Support Regulations
33
In Schedule 10 to the Income Support Regulations (capital to be disregarded) —
a
in paragraph 41 after the words “income other than earnings)” there shall be inserted the words “or of any amount which is disregarded under paragraph 54, 55 or 56 of that Schedule”;
b
after paragraph 43 the following paragraphs shall be added —
44
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981, or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
45
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965, or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
12th August 1994


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1994 and shall come into force on the 1st April 1994.
2
1
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended as follows.
2
In regulation 4 —
a
for paragraph (f) there shall be substituted —
f
the book “Your Driving Test” issued by the Department of Transport and published by HM Stationery Office;
; and
b
in paragraph (j) for ““Driving — The Department of Transport Manual”” there shall be substituted ““The Driving Manual””.
3
In the Table in regulation 13, for the entry in column (3) in items 2 and 3 there shall be substituted in each case “£55”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
4th March 1994


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Code of Conduct) Approval Order 1994 and shall come into force on 21st November 1994.
2
The Code of Conduct drawn up by the Insurance Brokers Registration Council pursuant to section 10 of the Insurance Brokers (Registration) Act 1977 as set out in the Schedule to this Order is hereby approved.
3
The Insurance Brokers Registration Council (Code of Conduct) Approval Order 1978 is hereby revoked.
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
1st October 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Exclusions from Schools) (Prescribed Periods) Regulations 1994 and shall come into force on 1st September 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education ( No. 2) Act 1986 and references to sections are to sections of the Act;
“authority” means a local education authority; and
“school day” has the meaning assigned to it in section 65(1) of the Act.
2
a
In Schedule 1 to these Regulations “governing body” means a governing body to which section 24 applies (the governing body of a county, controlled or maintained special school); and
b
in Schedule 2 to these Regulations “governing body” means a governing body to which section 25 applies (the governing body of an aided or special agreement school).
3
Where a thing is required to be done under these Regulations within a period after a step is taken, the day on which that step was taken shall not be counted in the calculation of that period.
Performance of duties under section 24
3
Where an authority or the governing body of a school is required under section 24 to take a step referred to in the first column of Schedule 1 to these Regulations, such duty shall be performed within the period specified in relation to the performance of that duty in the second column opposite thereto.
Performance of duties under section 25
4
Where an authority or the governing body of a school is required under section 25 to take a step referred to in the first column of Schedule 2 to these Regulations, such duty shall be performed within the period specified in relation to the performance of that duty in the second column opposite thereto.
Transitional provision
5
These Regulations shall not apply where on or before 1st September 1994 the head teacher informed the authority (in the case of exclusions to which Schedule 1 applies) or the governing body (in the case of exclusions to which Schedule 2 applies) of a permanent exclusion.


text:
Citation and commencement
1
This Order may be cited as the Bournemouth and West Hampshire (Amendment of Local Enactments etc.) Order 1994 and shall come into force on 1st July 1994.
Amendment of references in local statutory provisions etc.
2
1
As from 1st July 1994 any reference to, or to the undertaking of, Bournemouth and West Hampshire in any local statutory provision and in any charges scheme made by Bournemouth and West Hampshire under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to the following provisions of this article, as a reference to Bournemouth and West Hampshire Water Plc or, as the case may be, to the undertaking of Bournemouth and West Hampshire Plc.
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 1st July 1994.
3
In section 11 of the Bournemouth Gas and Water Act 1940 (restrictions on abstraction of water from river Avon), in subsection (2)(a), for the words from “the Avon and Stour Catchment Board” to “or any of them” there shall be substituted “and the Avon and Stour Catchment Board (in this section referred to as”“the catchment board”) or either of them
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 1st July 1994.
Signed by authority of the Secretary of State
N. W. Summerton
An Under Secretary in the
Department of the Environment
20th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1994 and shall come into force on 10th October 1994.
2
In these Regulations, “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) there shall be inserted in the appropriate places the following definitions —
“knock out and shake out grid” means a grid used for mechanically separating moulding sand from mouldings and castings;
;
“skid transfer bank” means the area of a steel mill where the steel product is moved from the area of its formation to the finishing area;
.
Insertion of regulation 14A into the principal Regulations
3
After regulation 14 of the principal Regulations (diseases contracted outside Great Britain), there shall be inserted the following regulation —
Modification of paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992
14A
The provisions of paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 shall be modified by adding after the words “(the day on which section 3 of the Social Security Act 1990 came into force)” the words
and a person shall not be entitled to reduced earnings allowance —
i
in relation to a disease prescribed on or after 10th October 1994 under section 108(2) above; or
ii
in relation to a disease prescribed before 10th October 1994 whose prescription is extended on or after that date under section 108(2) above but only in so far as the prescription has been so extended
.
Amendment of Schedule 1 to the principal Regulations
4
1
In Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) the second column of the entry relating to the disease numbered A10 (occupational deafness) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a) for the words “cast metal (other than weld metal) or on billets or blooms” there shall be substituted the words “metal (other than sheet metal or plate metal)”.
3
In sub-paragraph (c) after the word “coal” there shall be inserted the words “or in sinking shafts or for tunnelling in civil engineering works”.
4
After sub-paragraph (c) there shall be inserted the following sub-paragraph —
ca
the use of pneumatic percussive tools on stone in quarry works, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
.
5
In sub-paragraph (i) after the word “forestry” there shall be inserted the words “; or” and after that sub-paragraph there shall be added the following sub-paragraphs —
j
air arc gouging or work wholly or mainly in the immediate vicinity of air arc gouging; or
k
the use of band saws, circular saws or cutting discs for cutting metal in the metal founding or forging industries, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
l
the use of circular saws for cutting products in the manufacture of steel, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
m
the use of burners or torches for cutting or dressing steel based products, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
n
work wholly or mainly in the immediate vicinity of skid transfer banks; or
o
work wholly or mainly in the immediate vicinity of knock out and shake out grids in foundries; or
p
mechanical bobbin cleaning or work wholly or mainly in the immediate vicinity of mechanical bobbin cleaning; or
q
the use of, or work wholly or mainly in the immediate vicinity of, vibrating metal moulding boxes in the concrete products industry; or
r
the use of, or work wholly or mainly in the immediate vicinity of, high pressure jets of water or a mixture of water and abrasive material in the water jetting industry (including work under water); or
s
work in ships' engine rooms; or
t
the use of circular saws for cutting concrete masonry blocks during manufacture, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or
u
burning stone in quarries by jet channelling processes, or work wholly or mainly in the immediate vicinity of such processes; or
v
work on gas turbines in connection with —
i
performance testing on test bed;
ii
installation testing of replacement engines in aircraft;
iii
acceptance testing of Armed Service fixed wing combat planes; or
w
the use of, or work wholly or mainly in the immediate vicinity of —
i
machines for automatic moulding, automatic blow moulding or automatic glass pressing and forming machines used in the manufacture of glass containers or hollow ware;
ii
spinning machines using compressed air to produce glass wool or mineral wool;
iii
continuous glass toughening furnaces.
.
Revocation of regulations 37, 38, 41 and 42 of the principal Regulations
5
Regulations 37, 38, 41 and 42 of the principal Regulations are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
7th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Regional Health Authorities) Order 1994 and shall come into force on 1st April 1994.
2
In this Order, “the Regions Order ” means the National Health Service (Determination of Regions) Order 1994 .
Abolition of Regional Health Authorities
2
The Regional Health Authorities specified in Schedule 1 to this Order are hereby abolished.
Continuation of Regional Health Authorities
3
Trent Regional Health Authority and West Midlands Regional Health Authority shall continue to be established in relation to Trent Region and West Midlands Region respectively, the determination of each of which is continued by the Regions Order.
Establishment and names of new Authorities
4
For each of the regions determined by the Regions Order and specified in column (1) of Schedule 2 to this Order there is established a Regional Health Authority which shall be known by the name specified in column (2) of that Schedule in relation to that region.
Revocation
5
The National Health Service (Constitution of Regional Health Authorities) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
10th March 1994


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1994.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
7% Treasury Convertible Stock 1997
7¼% Treasury Stock 1998 “A”
7¼% Treasury Stock 1998 “B”
6% Treasury Stock 1999
Floating Rate Treasury Stock 1999
7% Treasury Stock 2001
7% Treasury Stock 2001 “A”
8% Treasury Stock 2003 “A”
6¾% Treasury Stock 2004
6¾% Treasury Stock 2004 “A”
7¾% Treasury Stock 2006
8½% Treasury Loan 2007 “C”
9% Treasury Loan 2008 “D”
6¼% Treasury Stock 2010
9% Conversion Loan 2011 “C”
9% Conversion Loan 2011 “D”
8% Treasury Stock 2013.
Andrew Mitchell
Kenneth Clarke
Two of the Lords Commissioners of Her Majestys Treasury
11th October 1994


text:
PART I
PRELIMINARY
Citation and Commencement
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) Rules 1994 and shall come into force on 22nd December 1994.
Application
2
Subject to the provisions of these Rules, the Court of Protection Rules 1994 shall apply to proceedings under the Enduring Powers of Attorney Act 1985 .
Interpretation
3
1
In these Rules, unless the context otherwise requires —
expressions used in the Supreme Court Act 1981 shall have the same meaning as they have in that Act;
“ the Act ” means the Enduring Powers of Attorney Act 1985;
“the 1983 Act ” means the Mental Health Act 1983;
“the 1994 Rules ” means the Court of Protection Rules 1994;
“applicant ” includes an objector;
“application” includes an objection;
“ the court ” means the Court of Protection;
“direction” means a direction or authority given under the seal of the Public Trustee;
“enduring power of attorney” shall be construed in accordance with section 2 of the 1985 Act;
“entered” means entered in the register of enduring powers of attorney kept by the Public Trust office;
“filed” means filed in the Public Trust office;
“judge” means the Lord Chancellor or a judge nominated under section 93(1) of the 1983 Act;
“ Master ” means the Master of the Court of Protection;
“nominated officer” means an officer of the court nominated under section 93(4) of the 1983 Act;
“order” means an order of the court under seal and includes a certificate, direction or authority of the court under seal;
“receiver” means a receiver appointed under section 99(1) of the 1983 Act;
“relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2 of Schedule 1 to the Act;
“seal” means an official seal of the court or the Public Trustee as appropriate and “sealed” shall be construed accordingly.
2
Where, in these Rules, there is a reference to something which may be done by the court or the Public Trustee, the reference shall be construed as meaning the court or the Public Trustee as appropriate.
3
In these Rules, a form referred to by letter alone means the form so designated in Schedule 1 to these Rules or a form to the same effect with such variations as the circumstances may require and the court may approve and in both cases shall include a Welsh translation of the form.
Exercise of court’s functions
4
Where any discretion, power or other function is (in whatever words) expressed by these Rules to be exercisable by the court then, subject to the provisions of the Act, that discretion, power or other function may be exercised —
a
by a judge;
b
by the Master;
c
to the extent to which he is authorised to exercise it under section 94 of the 1983 Act, by a nominated officer.
Computation of time
5
1
Where a period of time fixed by the Act or by these Rules or by a judgment, order or direction for doing any act expires on a day on which the Public Trust Office is closed and for that reason the act cannot be done on that day, the act shall be done in time if done on the next day on which that office is open.
2
Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
3
Where any period of time, fixed as mentioned in paragraph (1), is three days or less, any day on which the Public Trust office is closed shall not be included in the computation of that period.
PART II
FUNCTIONS OF THE PUBLIC TRUSTEE
Functions of the Public Trustee
6
1
The Public Trustee may exercise the following functions —
a
the registration of an enduring power of attorney under section 6(1) of the Act;
b
the refusal to register an enduring power of attorney under section 6(2) of the Act on the grounds that the conditions set out in section 2(1) of the Act are not satisfied or that it is not an enduring power of attorney by reason of sections 2(7), (8) or 11(1) of the Act;
c
cancelling the registration of an enduring power of attorney revoked under section 2(10) of the Act;
d
the giving of a direction under section 6(3) of the Act;
e
the qualification of the registration of an enduring power of attorney under section 11(6) or (7) of the Act;
f
dispensing with the requirement to give notice under paragraphs 3(2), 4(2) or 7(1) of Schedule 1 to the Act;
g
the receiving of a notice of disclaimer under sections 4(6) and 7(1)(b) of the Act.
2
The Public Trustee may, if he thinks fit, refer any matter referred to in paragraph (1) above to the court for determination.
3
If, in the case of an application for registration of an enduring power of attorney, the circumstances set out in section 6(4)(a) (notice of objection received) or (b) (no notice of application given) of the Act occur, or, in the opinion of the Public Trustee, the court should consider the application in the light of section 6(4)(c) (reason to believe that a ground of objection exists) of the Act, he shall refer the application to the court.
4
Nothing in this rule shall prevent the court from exercising any of its functions in relation to any matter being dealt with by the Public Trustee under paragraph (1).
PART III
APPLICATIONS
Notice of intention to register
7
1
Notice of the attorney’s intention to apply to register an enduring power of attorney shall be given in Form EP1 to the donor and to those relatives entitled to receive such notice and to any co-attorney, all such notices to be served within 14 days of each other.
2
An application to dispense with such notice shall be made in Form EP3 before any application for registration is made and shall be accompanied by the original enduring power of attorney.
Time limits
8
1
An application to register an enduring power of attorney shall be made in Form EP2 and shall be lodged with the Public Trust office not later than 10 days after the date on which —
a
notice has been given to the donor and every relative entitled to receive notice and every co-attorney; or
b
leave has been given to dispense with notice
whichever may be the later.
Form of application
9
1
Subject to the provisions of rules 7 and 8 and to the following provisions of this rule, an application may be by letter unless the court, in respect of an application to it, or the Public Trustee in respect of an application to him, directs that the application should be formal, in which case it shall be made in Form EP3.
2
Any application made by letter to the court or to the Public Trustee under rule 9(1), other than an objection to registration, shall include the name and address of the applicant, the name of the donor if he is not the applicant, the form of relief or determination required and the grounds for the application.
3
An application relating to the committal of a person for contempt of court shall be made to a judge by motion.
Objections to registration
10
1
Any objection to registration shall be made in writing and shall set out —
a
the name and address of the objector;
b
the name and address of the donor if he is not the objector;
c
any relationship of the objector to the donor;
d
the name and address of the attorney; and
e
the grounds for objecting to registration of the enduring power of attorney.
2
Any objection to registration received by the court on or after the date of registration shall be treated by the court as an application to cancel the registration.
Exercise of the court’s powers and functions under the provisions of the 1985 Act
11
1
This rule shall apply to applications made to the court, or where appropriate, referred to the court by the Public Trustee;
a
for relief or for determination of any question under sections 1(1)(b), 4(5), 5, 6(3), 6(4), 8(2), 8(3), 8(4) or 11(5)(c) of the Act; or
b
under paragraphs 2(1), 3(2), 4(2) or 7(1) of Schedule 1 to the Act,
which are not made simultaneously with an application for registration of an enduring power of attorney.
2
On receipt of an application, the court may decide either that no hearing shall be held, in which case the application shall be dealt with by way of written representations, or it may fix an appointment for directions or for the application to be heard.
3
The court may at any time, on application or of its own motion, give such directions as it thinks proper with regard to any matter arising in the course of an application.
4
Notification of an appointment for directions or a hearing shall be given by the applicant to the attorney (if he is not the applicant), to any objector and to any other person directed by the court to be notified.
5
The applicant, the attorney (if he is not the applicant) and any person given notice of the appointment or hearing may attend or be represented.
6
If it appears to the court that any order for relief should be made or any question determined, the court may make such order or give such direction as it thinks fit, of its own motion.
7
Where an attorney seeks to disclaim an enduring power of attorney pursuant to sections 4(6) or 7(1)(b) of the Act, the disclaimer shall not take effect earlier than the day on which the notice of disclaimer is received at the Public Trust office.
Consolidation of proceedings
12
The court may consolidate any applications for registration or relief or any objections to registration if it considers that the proceedings may be dealt with more conveniently together.
Registration of an enduring power of attorney
13
1
Where there is no objection to the registration of an enduring power of attorney or any objection has been withdrawn or dismissed, the enduring power of attorney shall be registered by the Public Trustee and sealed by the court.
2
The Public Trustee shall retain a copy of the registered enduring power of attorney and shall return the original instrument to the applicant attorney.
3
Any alterations which appear on the face of the instrument when an application for registration is made shall be sealed.
4
Any qualification to registration imposed by reason of section 11(6) or (7) of the Act shall be noted on the register and on the instrument and sealed.
5
The date of registration shall be the date stamped by the Public Trustee on the instrument at the time of its registration.
Searches of the register and copies of registered enduring powers of attorney
14
1
On payment of the appropriate fee, any person shall be entitled to request the Public Trustee in Form EP4 to search the register and to state whether an enduring power of attorney has been registered and the Public Trustee shall so state in Form EP5.
2
The court or the Public Trustee may supply any person with an office copy of a registered enduring power of attorney if satisfied that he has good reason for requesting a copy and that it is not reasonably practicable to obtain a copy from the attorney.
3
For the purposes of this rule, an office copy is a photocopy or a facsimile copy of an enduring power of attorney, marked as an office copy and sealed.
4
An office copy of an enduring power of attorney need not contain the explanatory information endorsed on the original power.
PART IV
HEARINGS
Notice of hearing
15
1
Except where these Rules otherwise provide or the court otherwise directs, the following minimum periods of notice of a hearing shall be given by the applicant —
a
ten clear days in the case of —
i
an application to dispense with notice to the donor;
ii
an application to dispose of the donor’s property prior to registration; and
iii
an objection to registration of an enduring power of attorney; and
b
seven clear days in the case of any other application.
2
Unless the court otherwise directs, notice of a hearing shall be given to the attorney, the donor, every relative, any co-attorney and to such other persons who appear to the court to be interested as the court may specify.
3
The court may extend or abridge the time limited by these Rules or any order or direction for doing any act upon such terms as the court thinks fit and notwithstanding in the case of an extension that the time so limited has expired.
4
For the purposes of this rule, notice of a hearing is given if the applicant sends a copy of the application, endorsed by the Public Trust office with the hearing date, to the person concerned.
Mode of giving documents
16
1
Any document required by these Rules to be given to the donor shall be given to him personally.
2
Except where these Rules otherwise provide, any document required by these Rules to be given to any other person shall be given by sending it to him by first class post.
Giving documents to a solicitor
17
Where a solicitor for the person to be given any document, other than the donor, endorses on that document or on a copy of it, a statement that he accepts the document on behalf of that person, the document shall be deemed to have been duly given to that person and to have been received on the date that the endorsement was made.
Alternative method of giving documents
18
Where it appears to the court that it is impracticable for any document to be given to a person in accordance with rule 16(2), the court may give such directions for the purpose of bringing the document to the notice of the person to whom it is addressed as it thinks fit.
Use of evidence in subsequent proceedings
19
Except where the court otherwise directs, evidence which has been used in any proceedings relating to a donor may be used at any subsequent stage of those proceedings or in any other proceedings before the court.
Copies of documents in court
20
1
Any person who has filed an affidavit or other document shall, unless the court otherwise directs, be entitled on request to be supplied with a copy of it.
2
An attorney or his solicitor may have a search made for and may inspect and request a copy of any document filed in proceedings relating to the enduring power of attorney under which the attorney has been appointed.
3
Subject to paragraphs (1) and (2), no documents filed in the court or the Public Trust office shall be open to inspection without the leave of the court and no copy of any such document or an extract of it shall be taken by or issued to any person without such leave.
Summoning of witnesses
21
Any witness summons required to be issued in any proceedings under these Rules shall be in Form EP6.
Leave to bring an application
22
Any person other than a person who has been served with a notice of intention to register an enduring power of attorney shall apply to the court or the Public Trustee for leave to make an application for relief specified in the Act.
Notification of decision
23
All persons to whom notice is to be given under rule 11(4) shall be notified by the applicant of the court’s decision and shall also be sent by the applicant a copy of any order made or direction given.
PART V
REVIEWS AND APPEALS
Review of decision not made on a hearing
24
1
Any person who is aggrieved by a decision of the court not made on a hearing or a decision of the Public Trustee may apply to the court within eight days of the date on which the decision was given to have the decision reviewed by the court.
2
No application for review shall lie from any decision under rule 86 of the 1994 Rules.
3
On the hearing of the application, the court may either confirm or revoke the previous decision or make or give any other order or decision which it thinks fit.
4
Any person aggrieved by any order or decision made or given on the hearing of the application for review may appeal to a nominated judge in accordance with rule 25.
Appeal from decision made on a hearing
25
1
Any person aggrieved by any order or decision of the court made on a hearing, may, within fourteen days from the date of entry of the order or, as the case may be, from the date of the decision, appeal to a nominated judge.
2
The appellant shall, within the fourteen days —
a
serve notice of appeal in Form EP7 on every person who is directly affected by the decision and on any other person whom the court may direct; and
b
lodge a copy of the notice at the court.
3
The court shall fix the time and place at which the appeal is to be heard and shall cause notice of the time and place so fixed to be sent to the appellant, who shall immediately send notice of it to every person who has been served with notice of the appeal.
4
No evidence further to that given at the hearing shall be filed in support of or opposition to the appeal without leave of the court.
PART VI
CANCELLATION OF REGISTRATION
Cancellation of a registered enduring power of attorney
26
1
Where the court is satisfied that one of the circumstances listed in section 8(4) of the Act applies, it shall direct the Public Trustee to cancel the registration of the enduring power of attorney in question and to send a notice to the attorney requiring him to deliver the original instrument to the Public Trustee.
2
Where the Public Trustee —
a
receives notice of a disclaimer under section 7(1)(b) of the Act;
b
is satisfied that the enduring power of attorney has been revoked by the death or bankruptcy of the donor; or
c
is satisfied that the enduring power of attorney has been revoked by the death or bankrupcty of the attorney or, if the attorney is a body corporate, its winding up or dissolution;
he shall cancel the registration of the enduring power of attorney and the court shall send notice to the attorney, or his personal representatives or the liquidator or receiver of a body corporate where appropriate, requiring him or them to deliver the original instrument to the Public Trustee.
3
Where the instrument creating an enduring power of attorney has been lost or destroyed, the attorney shall give to the Public Trustee written details of the date on which the instrument was lost or destroyed and the circumstances in which that occurred.
4
Where registration has been cancelled for any reason other than that set out in section 8(4)(c) of the Act, the court shall direct the Public Trustee to mark the power of attorney as cancelled or, where appropriate, the Public Trustee shall do so of his own motion.
6
Any notices issued by the court under this rule may contain a warning that failure to comply with the notice may lead to punishment for contempt of court.
PART VII
FEES
Schedule of Fees
27
1
Fees shall be payable in accordance with the provisions of Schedule 2.
2
The fee set out in column 2 of Schedule 2 shall be taken in respect of the corresponding event referred to in column 1.
3
The person liable to pay any fee shall, unless the fee is for a search of the register or unless the Public Trustee otherwise directs, make the payment out of the assets of the donor.
PART VIII
TRANSITIONAL PROVISIONS
Transitional Provisions
28
1
Where any matter is pending before the court before the coming into force of these Rules which, by virtue of these Rules, relates to a function to be exercised by the Public Trustee, the court may pass the matter to the Public Trustee to be dealt with by him in accordance with these Rules.
2
Where any review or appeal is pending before the court before the coming into force of these Rules, it shall be dealt with in accordance with the provisions of these Rules.
PART IX
REVOCATION
Revocation
29
The Court of Protection (Enduring Powers of Attorney) Rules 1986 and the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 1990 are revoked.
Mackay of Clashfern, C.
Dated 28th November 1994
We consent.
Tim Wood
Timothy Kirkhope
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 29th November 1994


text:
1
These Regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
2
The Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 shall be amended as follows.
3
In regulation 1(2):
a
in the definition of “IOPP Certificate” there shall be added at the end “prescribed by the Convention”;
b
for the definition of “UKOPP Certificate” there shall be substituted:
“UKOPP Certificate” means a certificate entitled the United Kingdom Oil Pollution Prevention Certificate, issued by a Certifying Authority and evidencing compliance with the requirements of these Regulations;
.
4
In regulation 4:
a
in paragraph (1) the words “, and thereafter at intervals not exceeding five years” shall be omitted;
b
in paragraph (4) the words “initial and any renewal” shall be omitted.
5
There shall be inserted after regulation 4 the following regulation:
Renewal surveys
4A
1
The owner of every United Kingdom oil tanker of 150 GRT and above, and every other United Kingdom ship of 400 GRT and above, shall cause the ship to be subject to a renewal survey within five years of the first issue of an IOPP Certificate or a UKOPP Certificate, and at intervals not exceeding five years thereafter, by a surveyor appointed by a Certifying Authority. Any application for a survey shall be accompanied by such information relating to the ship as the Certifying Authority may require for the purposes of the survey.
2
The Certifying Authority shall upon receipt of an application for survey and any fee payable on such application cause the ship to be surveyed by a surveyor.
3
The surveyor shall survey the ship and satisfy himself that its structure, equipment, systems, fittings, arrangements and material are in accordance with the requirements of these Regulations and that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily water separating equipment and oil filtering systems are in good working order.
4
Any renewal survey to be carried out under this regulation shall be in accordance with the procedures specified by the Secretary of State in Merchant Shipping Notice M 1076.
5
The surveyor, if satisfied on the survey that he may properly do so, shall forward to the Certifying Authority a declaration of survey containing such particulars of the ship as are required by the Certifying Authority to enable it to issue the appropriate Certificate in respect of the ship.
.
6
In regulation 7:
a
in paragraph (1) the words from the beginning to “United Kingdom ship,” shall be replaced by “The Secretary of State on receipt of a declaration of survey under regulation 4(5) or, as the case may be, a Certifying Authority on receipt of a declaration of survey under regulation 4A(5), shall”;
b
in paragraph (5) “shall be in one of the forms set out in Schedule 1 hereto” shall be omitted;
c
in paragraph (6):
i
after “the Secretary of State” where those words first appear there shall be inserted “or, as the case may be, a Certifying Authority”;
ii
in sub-paragraph (a) after “the Secretary of State” there shall be inserted “or, as the case may be, the Certifying Authority”.
7
In regulation 16(3)(b) for “Sub-paragraph (2)(a)” there shall be substituted “Sub-paragraph (2)(b)(i)”.
8
Schedule 1 shall be omitted.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
4th August 1994


text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1994.
2
This Order shall come into force for the purposes of —
a
articles 1, 2, 20 and 22 on 1st April 1994;
b
article 9 on 6th April 1994;
c
article 10 on 3rd April 1994;
d
articles 3, 4, 5, 6, 7, 8, 11, 12 and 13 on 11th April 1994;
e
articles 14, 15 and 21 on 12th April 1994;
f
articles 16, 17 and 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 1994, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations;
g
article 19(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 11th April 1994;
h
except in a case to which sub-paragraph (g) applies, article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 1994, and in relation to any other case, on 1st April 1994.
3
The increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case on the date specified in relation to that case in article 6 of the Order.
Interpretation
2
In this Order, unless the context otherwise requires —
“the Administration Act” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III, IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 1.8 per cent.of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £53.80 there shall be substituted the sum of £55.25; and
b
for the sum of £56.10 there shall be substituted the sum of £57.60.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1993-94,
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred), and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 or section 63 of the Social Security Act 1986 ,
shall in each case be increased by 1.8 per cent.of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3)), shall be increased by 1.8 per cent.of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraph (10) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums specified in articles 3, 4 and 11 for the rates of Category A or Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 1994.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with sections 25(5), 31(6) or 33(4) of the Contributions and Benefits Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 14th April 1994.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 11th April 1994.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 11th April 1994.
6
The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 13th April 1994.
7
Where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 50(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 11th April 1994 and where it does not fall to be so increased the sum so specified shall take effect on 14th April 1994.
8
The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 14th April 1994.
9
The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 13th April 1994.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £33.70 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 13th April 1994 for that sum in paragraph 2(6)(c), and from and including 14th April 1994 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £34.50.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) the sum specified in paragraph (a) is £120.00 and the sums specified in paragraph (b) are £16.00 and £120.00 respectively.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £195.00 respectively and the sum specified in paragraph (b) is £46.95.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £47.95 there shall be substituted the sum of £48.80.
Increase in rate of graduated retirement benefit and increments thereof
11
1
In the National Insurance Act 1965 the sum of 7.35 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 1.8 per cent.; and from and including 11th April 1994 the reference in that provision to that sum shall have effect as a reference to 7.48 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 1.8 per cent.of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £44.90 there shall be substituted the sum of £45.70;
b
in sub-paragraph (b) of paragraph (1), for the sum of £30.00 there shall be substituted the sum of £30.55;
c
in sub-paragraph (c) of paragraph (1), for the sum of £11.95 there shall be substituted the sum of £12.15;
d
in sub-paragraph (a) of paragraph (2), for the sum of £31.40 there shall be substituted the sum of £31.95; and
e
in sub-paragraph (b) of paragraph (2), for the sum of £11.95 there shall be substituted the sum of £12.15.
Sum specified for child benefit
13
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £10.00 there shall be substituted the sum of £10.20;
b
in sub-paragraph (b) of paragraph (1), for the sum of £8.10 there shall be substituted the sum of £8.25; and
c
in paragraph (2), for the sum of £6.05 there shall be substituted the sum of £6.15.
PART III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
14
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47 (applicable amount), for the sum of £69.00 there shall be substituted the sum of £71.70; and
d
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.
Disability Working Allowance
15
In the Disability Working Allowance Regulations —
a
in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount) —
i
in sub-paragraph (a), for the sum of £41.40 there shall be substituted the sum of £43.00;
ii
in sub-paragraph (b), for the sum of £69.00 there shall be substituted the sum of £71.70; and
d
in Schedule 5 (determination of appropriate maximum disability working allowance) the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.
Applicable amounts for Income Support
16
1
As from 11th April 1994 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and most paragraphs in that Part of Schedule 2 where such a sum is specified shall have effect as set out in Schedule 4 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £9.65 there shall be substituted the sum of £10.05.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this Order.
6
In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £21.00, there shall be substituted the sum of £25.00; and
b
in sub-paragraph (b) for the sum of £4.00, there shall be substituted the sum of £5.00.
7
In paragraph 11(2) of Schedule 3 (non-dependant deductions) —
a
in sub-paragraph (i) for the sum of £70.00 there shall be substituted the sum of £72.00;
b
in sub-paragraph (ii) for the sums £70.00, £105.00 and £8.00 there shall be substituted the sums £72.00, £108.00 and £9.00 respectively; and
c
in sub-paragraph (iii) for the sums £105.00, £135.00 and £12.00 there shall be substituted the sums £108.00, £139.00 and £13.00 respectively.
8
In paragraph 6(2) of Schedule 4, for the sum of £215.00 there shall be substituted the sum of £224.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.
9
Except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.
11
Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
12
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 3.5 per cent.of the amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £24.50.
Applicable amounts for Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.05 there shall be substituted the sum of £14.40 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.20 there shall be substituted the sum of £11.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £28.10 there shall be substituted the sum of £28.80.
4
In regulation 63(1) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £21.00, there shall be substituted the sum of £25.00; and
b
in sub-paragraph (b) for the sum of £4.00, there shall be substituted the sum of £5.00.
5
In regulation 63(2) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £70.00 there shall be substituted the sum of £72.00; and
b
in sub-paragraph (b) for the sums £70.00, £105.00 and £8.00 there shall be substituted the sums £72.00, £108.00 and £9.00 respectively; and
c
in sub-paragraph (c) for the sums £105.00, £135.00 and £12.00 there shall be substituted the sums £108.00, £139.00 and £13.00 respectively.
6
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £15.75, £15.75, £7.95, £10.45, £10.45, £5.25 and £1.90 there shall be substituted the sums £16.30, £16.30, £8.25, £10.80, £10.80, £5.45 and £1.95 respectively.
7
In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £8.60, £1.05, £0.70 and £1.05 respectively.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £9.65 there shall be substituted the sum of £10.05.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.
Applicable amounts for Council Tax Benefit
20
1
As from 1st April 1994 the sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £14.05 there shall be substituted the sum of £14.40 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £11.20 there shall be substituted the sum of £11.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £28.10 there shall be substituted the sum of £28.80 .
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a), for the sum of £2.00 there shall be substituted the sum of £2.30;
b
in paragraph 1(b), for the sum of £1.00 there shall be substituted the sum of £1.15; and
c
in paragraph (2), for the sum of £105.00 there shall be substituted the sum of £108.00.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) for the sum of £9.65 there shall be substituted the sum of £10.05.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.
8
In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) for the sums £105.00, £105.00 and £135.00, there shall be substituted the sums £108.00, £108.00 and £139.00 respectively .
PART IV
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional Provisions
21
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 14 and 15 of this Order, where a period of entitlement to family credit or disability working allowance is running at 12th April 1994, the rate at which it is payable shall be the weekly rate in force for the period prior to 12th April 1994 until the end of the period of entitlement.
Revocations
22
The Social Security Benefits Up-rating Order 1993 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
2nd March 1994
We consent,
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Veterinary Medicinal Products) (Veterinary Surgeons from Other EEA States) Regulations 1994 and shall come into force on 31st December 1994.
Interpretation
2
In these Regulations —
“EEA State” means a State which is a contracting party to the EEA Agreement other than the United Kingdom, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein, and“ready-made veterinary medicinal product” has the meaning given by Article 1.2 of Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products , as amended by Council Directive 90/676/EEC .
Exemption from licences for certain veterinary medicinal products
3
1
Subject to the conditions in paragraph (2) below, the provisions of section 7 of the Medicines Act 1968 (General provisions as to dealing with medicinal products) shall not apply to the importation of a ready-made veterinary medicinal product from another EEA State, or to its subsequent sale or supply.
2
The conditions referred to in paragraph (1) above are that the product is carried into the United Kingdom by a veterinary surgeon who practises both in that other EEA State and in the United Kingdom, and that veterinary surgeon complies with the requirements of Article 4.5 of Council Directive 81/851/EEC as amended by Council Directive 90/676/EEC .
Angela Browning
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
17th November 1994


text:
1
This Order may be cited as the Value Added Tax (Education) (No. 2) Order 1994 and shall come into force on 1st January 1995.
2
Group 6 (Education) of Schedule 9 to the Value Added Tax Act 1994 shall be varied in accordance with the provisions of this Order.
3
For paragraph (e) of Note (1) there shall be substituted —
e
a body which —
i
is precluded from distributing and does not distribute any profit it makes; and
ii
applies any profits made from supplies of a description within this Group to the continuance or improvement of such supplies;
.
4
For paragraph (f) of Note (1) there shall be substituted —
f
a body not falling within paragraphs (a) to (e) above which provides the teaching of English as a foreign language.
.
5
In Note (2) for “1(e)” there shall be substituted “1(f)”.
6
For Note (3) there shall be substituted —
3
“Vocational training” means —
training, re-training or the provision of work experience for —
a
any trade, profession or employment; or
b
any voluntary work connected with —
i
education, health, safety, or welfare; or
ii
the carrying out of activities of a charitable nature.
.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telecom Securicor Cellular Radio Limited) Order 1994 and shall come into force on 28th April 1994.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
24th March 1994


text:
Citation and commencement
1
This Order may be cited as the Social Security (Cyprus) Order 1994 and shall come into force on 4th July 1994.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and amendment of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be amended so as to give effect to the Convention as amended by the Agreement set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
Amendment of Order
3
The reference to the Social Security (Cyprus) Order 1983 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .
N. H. Nicholls
Clerk of the Privy Council