text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Kingston upon Thames) Red Route Experimental Traffic Order 1995, and shall come into force on 21st March 1995.
Interpretation
2
In this Order: —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disables person” “disabled person’s badge” and“disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the length of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that: —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand)”for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passenger (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as maya be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Kingston upon Thames (Waiting and Loading Restriction) (No 1) Traffic Order 1994 as amended is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Kingston upon Thames (Waiting and Loading Restriction) (No 1) Traffic Order 1994 as amended only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
14th February 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan–y–Mo*r National Health Service Trust (Establishment) Order 1995 and shall come into force on 20th March 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 20th March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Glan–y–Mo*r National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Glan–y–Mor National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Neath General Hospital, Neath, West Glamorgan, SA11 2LQ and Cefn Coed Hospital, Cockett, Swansea, West Glamorgan, SA2 0GH and associated hospitals;
b
to manage community health services provided from the Central Clinic, 21 Orchard Street, Swansea, West Glamorgan SA1 5BE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non–executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1996.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
West Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
West Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be West Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
27th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Western Isles Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Western Isles Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
persons, not exceeding 9 in number, to be nominated by the council for the local government area of the Western Isles to be persons represen- tative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered section is a reference to the section bearing that number in the Goods Vehicles (Licensing of Operators) Act 1995,
b
a numbered regulation is a reference to the regulation bearing that number in these Regulations,
c
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears, and
d
a numbered Part or numbered column or numbered fee is a reference to the Part, column or fee bearing that number in the Schedule to these Regulations.
2
In these Regulations, unless the context otherwise requires the following expressions shall have the same meanings as in the Goods Vehicles (Licensing of Operators) Regulations 1995 —
“application for a licence”, “application for a variation of a licence”, “application” and “licence”.
Fees
3
1
Subject to the subsequent provisions of these Regulations, in relation to a fee number in column 1 of Part I the fee prescribed as regards the subject matter specified in column 2 is the fee specified in relation to that fee number in column 3, and is payable within the time specified in column 4.
2
In addition to the fee prescribed in relation to fee number (ii) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (v) in Part II.
3
In addition to the fee prescribed in relation to fee number (iii) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (vi) in Part II.
4
In addition to the fee prescribed in relation to fee number (iv) in Part I, a fee based on the number of motor vehicles specified in the licence shall be paid in accordance with the specifications in columns 3 and 4 appropriate to fee number (vii) in Part II.
5
The period for which the fee is payable in relation to fee numbers (v) and (vi) in Part II is 5 years unless the licence-holder elects, before the licence is issued or continued in force, to pay on an annual basis.
6
The licence-holder may not revoke his election under paragraph (5) earlier than 30 working days before the time when fee number (vi) in Part II would have been due had that election not been made.
7
If after a licence has been issued an additional motor vehicle is authorised under section 5(6) to be used or an additional motor vehicle is added to the licence by a variation under section 17, a further fee shall be payable in respect of that motor vehicle and such fee shall be —
a
calculated in accordance with the applicable charge in column 3 of Part II in relation to fee numbers (v) and (vi), and
b
shall be paid before the authorisation is given or within 15 working days of the grant of the application for variation, as the case may be.
8
If the traffic commissioner arranges with the licence holder for administrative purposes to treat a licence as if it were two or more licences, then in relation to fee numbers (ii), (iii) and (iv) in Part I and fee numbers (v), (vi) and (vii) in Part II the fees shall be calculated as if these were two or more licences.
Refunds of fees payable in respect of specified motor vehicles
4
1
If a licence is revoked, suspended or curtailed under sections 26(1) or 27(1) or surrendered or otherwise terminated under the 1995 Act or other enactment, then a sum paid in respect of fee numbers (v) and (vi) in Part II, shall be refunded in respect of —
a
in the case of a suspended licence, each complete period of 12 months during which the licence is suspended,
b
in the case of a licence where curtailment involves a reduction in any maximum number of motor vehicles specified under section 6, as respects the number of motor vehicles reduced, each complete period of 12 months which has not begun at the date of curtailment,
c
in any other case, each period of 12 months which have not begun at the date of termination.
2
If the licence holder ceases to use under the licence —
a
10 or more of the motor vehicles which have been specified in the licence, or
b
a minimum of 20 per cent of the motor vehicles which have been specified in the licence,
then, subject to paragraphs (3) and (4), a refund of sums paid in respect of fee numbers (v) and (vi) in Part II in relation to those vehicles shall be made.
3
The payment of a refund under paragraph (2) shall only be made after —
a
an application in writing for that refund has been made to the traffic commissioner, and
b
the traffic commissioner has under section 17(1)(b) directed that the motor vehicles for which that refund is claimed cease to be specified in the licence, and
c
the traffic commissioner has under section 17(1)(b) directed that the maximum number of motor vehicles which shall be specified in the licence for the purpose of section 6 shall be reduced by at least the same number of motor vehicles for which a refund is being sought.
4
A refund due under paragraph (2) shall only be made in respect of payments made for one or more periods of 12 months which have not begun at the time that all the conditions in paragraph (3) have been satisfied, and for the purposes of calculating the amount which will be refunded under paragraphs (1) or (2) the motor vehicle or vehicles for which a refund is sought shall be treated as if they were at the time of the application under paragraph (3)(a) the motor vehicle or vehicles specified as the first of the motor vehicles on the licence.
Credit for unused motor vehicle spaces
5
1
If a traffic commissioner varies a licence by directing that one or more motor vehicles shall cease to be specified in it, and at the same time or thereafter directs that one or more other motor vehicles shall be specified in that licence, then, in so far as the number of motor vehicles specified in the licence is not greater than the number specified in the licence before the variations were made, a further fee shall not be payable under regulation 3(7).
2
If a refund under regulation 4(2) is made then, for the purposes of paragraph (1), the number of motor vehicles specified in the licence before the variation shall be taken to be the number specified in that licence after that refund was made.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
17th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Llanelli Dinefwr National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the East Dyfed Health Authority;
“the Trust” means the Llanelli Dinefwr National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
23rd February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Velindre Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 23rd October 1995.
2
In this Order —
“the Authority” means South Glamorgan Health Authority;
“the Trust” means the Velindre Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th August 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 23rd October 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
21st September 1995


text:
Citation and commencement
1
These Regulations may be cited as the M4 Motorway (Severn Bridge) (Speed Limit) Regulations 1995 and shall come into force on 1st October 1995.
Interpretation
2
In these Regulations “motorway” has the meaning given in regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982 .
Speed limit
3
No person shall drive a motor vehicle at a speed exceeding 40 miles per hour on a carriageway of the length of motorway specified in the Schedule to these Regulations at any time when —
a
there is placed at the beginning of that carriageway a traffic sign of the size, colour and type shown in the diagram numbered 670 in Schedule 2 to the Traffic Signs Regulations 1994 ; and
b
that sign is directed at traffic intending to proceed along that carriageway.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
17th August 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 1st January 1996.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for sole ( Solea solea ) in sea areas ICES Statistical Sub-Areas II and IV is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st April 1996.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
20th December 1995
Raymond S. Robertson
Parliamentary Under Secretary of State, Scottish Office
20th December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
22nd December 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland
20th December 1995


text:
1
These regulations may be cited as the Value Added Tax (General)(Amendment) (No. 2) Regulations 1995 and shall come into force on the day that the Finance Bill 1995 is passed.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 38 —
a
the words “and in regulation 47” in paragraph (8) shall be omitted;
b
paragraph (13) shall be omitted.
4
Regulation 47 shall be omitted.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
29th March 1995


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 1995 and shall come into force on 8th February 1995.
2
Part IV of the Criminal Justice Act 1988 shall apply to any case tried on indictment —
a
following a notice of transfer given under section 4 of the Criminal Justice Act 1987 by an authority designated for that purpose by subsection (2) of that section; or
b
in which one or more of the counts in respect of which sentence is passed relates to a charge which was dismissed under section 6(1) of the Criminal Justice Act 1987 and on which further proceedings were brought by means of the preferment of a voluntary bill of indictment.
3
This Order extends to England and Wales only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
9th January 1995


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (No. 3) Order 1995 and shall come into force on 16th May 1995.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) there shall be inserted after paragraph (y) :
z
the Convention on Biological Diversity;
aa
the United Nations Framework Convention on Climate Change.
.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
12th April 1995


text:
Citation and commencement
1
1
This Order may be cited as the Kensington and Chelsea and Hammersmith and Fulham (London Borough Boundaries) Order 1995.
2
This Order shall come into force for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 on 1st February 1996.
3
For all other purposes, this Order shall come into force on 1st April 1996.
Interpretation
2
In this Order —
“Chelsea” means Royal Borough of Kensington and Chelsea;
“Fulham” means the London Borough of Hammersmith and Fulham;
“the map” means one or more of the 5 maps prepared by the Department of the Environment, marked “Maps of the Kensington and Chelsea and Hammersmith and Fulham (London Borough Boundaries) Order 1995”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“ward” means a ward of the London borough from or to which an area is transferred
Transfers between Chelsea and Fulham
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Chelsea, and from the ward named in column 3 to Fulham, to the ward named in column 4 and to the West London petty sessional division and the Greater London Western coroners district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Chelsea, and from the following ward — To Fulham, and to the following ward —
B9 5 Abingdon Avonmore B8 4 North Stanley Walham B7 4 Redcliffe Walham B1 1 St. Charles College Park and Old Oak
2
Each area which is marked as shown on the following Table in the map indicated in column 2 shall be transferred from Fulham, and from the ward named in column 3, to Chelsea, to the ward named in column 4 and to the West London petty sessional division and the Inner West London coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Fulham, and from the following ward — To Chelsea, and to the following ward —
B6 3 Addison Holland B3 1,2 College Park and Old Oak Kelfield B2 1 College Park and Old Oak St. Charles B4 2 White City and Shepherds Bush Avondale B5 3 White City and Shepherds Bush Norland
Town and country planning
4
1
In this article “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Retained property
5
So much of the Wandon Road Estate as is, at the date of making this Order, in Chelsea, and which is transferred by this Order to Fulham, is hereby specified in relation to regulation 62(1)(b) of the Local Government Area Changes Regulations 1976.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
28th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tavistock and Portman National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 21st July 1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the Trust” means the Tavistock and Portman National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 21st July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd June 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety(Fees) Regulations 1995 and shall come into force on 3rd November 1995.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval”includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the Executive” means the Health and Safety Executive;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971(Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees for applications for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment —
a
under the Factories Act 1961, or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1980;
c
under the Ionising Radiations Regulations 1985;
d
under the Control of Asbestos at Work Regulations 198;7 and
e
under the Control of Substances Hazardous to Health Regulations 1994. .
2
The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 and the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974.
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention)Regulations 1984
5
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984.
2
The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for application for a licence under the Asbestos(Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing)Regulations 1983.
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980.
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for applications for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985.
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule.
4
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
5
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation,a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
6
Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928,the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
7
Where the Executive requires an inspection of premises to be carried out in connection with an application for —
a
a factory or magazine licence, or any amendment to such a licence, or
b
the original approval of premises in which acetylene is to be manufactured or kept, or any amendment to such an approval, or
c
the original approval of premises in which acetylene is compressed, or any amendment to such an approval,
a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
Date from which fees are payable under the Petroleum(Consolidation) Act 1928 and the Petroleum (Transfer of Licences)Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum(Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence,transfer or renewal.
Fees for applications for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987. .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Vocational training certificates under the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992
13
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Calculation of hours worked
14
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2),2(3)(b), 3(2) or 10(6) no account shall be taken of any typing,messenger or ancillary work (for which no further charge shall be payable).
Fees for notifications under the Genetically Modified Organisms (Contained Use) Regulations 1992
15
1
A fee shall be payable by a notifier to the Executive on each notification of the intention to use premises for activities involving genetic modification for the first time and of individual activities involving genetic modification under the Genetically Modified Organisms (Contained Use) Regulations 1992.
2
The fee payable for each notification described in column 1 of Schedule 12 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for notifications under the Notification of New Substances Regulations 1993
16
1
The fee fixed by column 2 of Schedule 13 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993 as is referred to in the corresponding entry in column 1 of that Schedule.
2
The Executive shall repay to the notifier the amount of any rebate due to the notifier in the circumstances described in Schedule 13.
Revocations
17
The instruments specified in column 1 of Schedule 14 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Northern Ireland
18
These Regulations shall not apply to Northern Ireland.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
6th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Healthcare Bolton National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March 1995.
2
In this Order —
“the Authority” means the Wigan and Bolton Health Authority;
“the Trust” means the Community Healthcare Bolton National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 28th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th February 1995


text:
1
This Order may be cited as the A3 Trunk Road (Beverley Way, Merton) (Prohibition of Left Turn) Order 1995 and shall come into force on 28th August 1995.
2
In this Order —
“pedal cycle” means a pedal cycle not capable of being propelled by mechanical power; and
“the trunk road” means that length of the A3 Trunk Road in the London Borough of Merton known as Beverley Way.
3
Save as provided in articles 4 and 5 below, no person shall cause or permit any vehicle to make a left turn from the trunk road at its junction with Huntley Way during the period between 0700 hours and 0930 hours on Monday to Friday inclusive in any week.
4
Nothing in article 3 above shall apply —
a
if the vehicle is a pedal cycle;
b
if the vehicle is being used for police, fire brigade or ambulance purposes; or
c
to anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for Transport
R T Thorndike
Director, Highways Agency, London Network Management Division
14th August 1995


text:
Citation and commencement
1
This Order may be cited as the United Leeds Teaching Hospitals National Health Service Trust Dissolution Order 1995 and shall come into force on 1st April 1995.
Dissolution of NHS trust
2
The United Leeds Teaching Hospitals National Health Service Trust established by the Leeds General Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order and the Leeds General Infirmary and Associated Hospitals National Health Service Trust (Change of Name) Order 1991 are hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
17th March 1995


text:
Now therefore, in exercise of the powers conferred on her by sections 16(1) and 17 of the Act and for the purpose of giving effect to that proposal, the Secretary of State hereby makes the following Order:
1
This Order may be cited as the Teesside Tertiary College (Incorporation) Order 1995 and shall come into force on 15th June 1995 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Teesside Tertiary College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of Longlands College of Further Education and Marton Sixth Form College).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1995, and the corporation shall conduct Teesside Tertiary College from that date.
Tim Boswell
Parliamentary Under Secretary of State
Department for Education
22nd May 1995


text:
1
This Order may be cited as the British Citizenship (Designated Service) (Amendment) Order 1995 and shall come into force on 1st April 1995.
2
In the Schedule to the British Citizenship (Designated Service) Order 1982 (which specifies descriptions of service designated for the purposes of section 2 of the British Nationality Act 1981) —
a
in paragraph 13, “19” shall be substituted for “18”; and
b
after paragraph 18 there shall be inserted —
19
Service under the Council for the Central Laboratory of the Research Councils.
20
Service under the European Conference of Ministers of Transport.
21
Service under the International Energy Agency.
22
Service under the Organisation for Economic Co–operation and Development.
.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
5th March 1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations 1995 and shall come into force on 30th August 1995.
2
These Regulations shall extend to England only.
Amendment of the Nitrate Sensitive Areas Regulations 1994
2
1
The Nitrate Sensitive Areas Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5 (“Land which is eligible for aid”), in paragraph (3)–
a
after the words “or D”, there shall be inserted “or the set-aside Option”;
b
at the end of subparagraph (b), the word “and” shall be deleted;
c
at the end of subparagraph (c), for the full stop there shall be substituted a semicolon and “and” added; and
d
after subparagraph (c), the following subparagraph shall be added–
d
where the undertakings given or to be given include undertakings to comply with the requirements specified in the set-aside Option of Schedule 4, the conditions in paragraph (8) are satisfied.
.
3
In regulation 5, after paragraph (7), the following paragraph shall be added–
8
the conditions referred to in subparagraph (d) of paragraph (3) are–
a
during the preceding 12 months the land has been–
i
cultivated with the intention of producing a crop, or
ii
set-aside land, or
iii
subject to a premium scheme agreement; and
b
on 31st December 1991, the land was not permanent grassland or woodland and was not being used for the production of a permanent crop or for any purpose other than agriculture.
.
4
In regulation 7 (“Undertakings by farmer”)–
a
in paragraph (1)(b)(ii), after the words “D or E”, there shall be inserted “or the set-aside Option”;
b
in each of paragraphs (2) and (5), after the words “paragraph (1) shall”, there shall be inserted a comma followed by the words “subject to paragraph (8),”;
c
in paragraph (6), after “improving”, there shall be added “or renewing”; and
d
after paragraph (7), there shall be added the following paragraphs–
8
Paragraphs (2) and (5) shall not apply where the application is for aid under the premium arable scheme and the undertakings given or to be given include undertakings to comply with the requirements specified in the set-aside Option of Schedule 4.
9
Where–
a
the application is for aid under the premium arable scheme and the undertakings given or to be given include undertakings to comply with the requirements specified in the set-aside Option of Schedule 4;
b
the land has been subject to a premium scheme agreement which included the obligations in Option A, B or C of Schedule 2 to the 1990 Order; and
c
the application is made in the year in which the premium scheme agreement expires,
the farmer shall also undertake to comply with the requirement in paragraph (10) below.
10
The requirement referred to in paragraph (9) is that the farmer will not, during the period beginning when the premium scheme agreement referred to in paragraph (9)(c) expires and ending when the undertakings referred to in paragraph (1) commence, apply nitrogen fertiliser to the land or take any other action which is likely to damage the grass sward.
.
5
In regulation 8 (“Restrictions on acceptance of applications for aid”)–
a
in paragraph (1), for “The Minister”, there shall be substituted the words “Subject to paragraphs (5) and (7), the Minister”;
b
after paragraph (5), there shall be added the following paragraphs–
6
Where the application is for aid under the premium arable scheme and the undertakings given or to be given include undertakings to comply with the requirements specified in the set-aside Option of Schedule 4, the Minister may refuse an application for aid under these Regulations where he is not satisfied that the farmer has farmed the land in respect of which the application is made throughout the period of 2 years immediately preceding the date when the undertakings are to commence.
7
Where the application is for aid under the premium arable scheme and the undertakings given or to be given include undertakings to comply with the requirements specified in the set-aside Option of Schedule 4, paragraph 1(a) of this regulation shall have effect as if–
a
for the words ‘whole field or fields’, there were substituted the words ‘whole field or fields which, in each case, is of not less than 0.3 hectares or is bounded by a permanent boundary such as one or more of a wall, hedgerow or watercourse’; and
b
for the words ‘part field or part fields of not less than four hectares in each case’, there were substituted the words ‘part field or part fields which, in each case, is of not less than four hectares and is a minimum width of 20 metres throughout’.
.
6
In regulation 12 (“Upgrading of scheme”), for paragraph (1)(b), there shall be substituted the following paragraph–
b
where a date is specified in column (2) of Schedule 7 corresponding to the original undertakings, the application is made before the date so specified;
.
7
In Schedule 4 (“REQUIREMENTS UNDER THE PREMIUM ARABLE SCHEME”)–
a
in paragraph (3)(c), at the beginning, there shall be inserted the words“subject to compliance with any requirement under the set-aside Option,”;
b
in paragraph (3)(f), for the words “C and D”, there shall be substituted “C, D and E and the set-aside Option”; and
c
after the requirements in relation to “Option E”, there shall be added the following–
Set-aside Option
i
The farmer shall not apply nitrogen fertiliser to the grassland or land planted with grass seed;
ii
the farmer shall not cut the grass during the period commencing on 1st April and ending on 15th July in any year;
iii
the farmer shall cut the grass to an average length of no more than 10 centimetres during the period commencing on 15th July and ending on 15th August in any year and shall ensure that the grass cuttings from that cut are not used for any commercial or agricultural purpose or (except with the previous consent in writing of the Minister) removed from the land;
iv
the farmer shall not allow the grass to be grazed;
v
the farmer shall use a seeds mixture typical for the soil type and locality approved by the Minister prior to sowing;
vi
the farmer shall not use the land for any non-agricultural use which is intended to produce a return (whether in money or otherwise and whether to the farmer or another person).
.
8
In Schedule 6 (“RATES OF PAYMENT”), after paragraph 6A (“Option E — conversion of arable land to grassland with woodland”), there shall be inserted the following additional paragraph–
Set-aside Option
6B
Where the undertakings given by a farmer include undertakings to comply with the requirements set out in the set-aside Option in Schedule 4, payments under these Regulations for each hectare of land shall be at the rate of £390 per year.
.
9
In Schedule 7 (“UPGRADING OF UNDERTAKINGS”), in the table–
a
in Column (3), in the entry corresponding to the entry in Column (1) for the Basic scheme, for the words “any option”, there shall be substituted the words “options A, B, C, or D”;
b
in Column (1), after the entry in respect of the Premium arable scheme — Option D, there shall be inserted the following entry–
Premium arable scheme — set-aside Option
; and
c
in Column (3), corresponding to the entry in Column (1) in respect of the Premium arable scheme, set-aside Option, there shall be inserted the following entry–
Premium arable scheme — Options A, B C, or D
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 and shall come into force on 3rd June 1995.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“prospective developer” means a person, other than a relevant planning authority or a person who intends to undertake development with such an authority (whether or not with any other person), who is minded to undertake development which appears to him to be relevant development;
“relevant development” means development of any description specified in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 other than development of any description specified in article 3(12) of that Order;
“relevant planning authority” means the body by whom, assuming no direction were given under section 77 of the Town and Country Planning Act 1990 , an application for planning permission in respect of the development concerned would be determined;
“Schedule 1” means Schedule 1 to the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ; and
“Schedule 2” means Schedule 2 to those Regulations.
Opinion as to need for environmental statement
3
1
A prospective developer may apply to the relevant planning authority for their opinion as to whether the relevant development specified in the application is within a description mentioned in Schedule 1 or Schedule 2, and, if so, within which description, and if within a description mentioned in Schedule 2, whether it would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
2
An application under paragraph (1) shall be accompanied by —
a
a plan sufficient to identify the land;
b
a brief description of the nature and purpose of the development and of its possible effects on the environment;
c
such other information or representations as the prospective developer may wish to provide or make.
3
An authority which receives an application under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give an opinion on the questions raised, notify the prospective developer of the particular points on which they require further information; and the information so requested shall be provided within such reasonable period as may be specified in the notice or such longer period as may be agreed in writing between the authority and the prospective developer.
4
The authority shall give to the prospective developer written notice of their opinion within the period of 3 weeks beginning with the date of receipt of the application or such longer period as may be agreed in writing with the prospective developer; and if it is their opinion that the relevant development is —
a
within a description mentioned in Schedule 1, or
b
within a description mentioned in Schedule 2 and likely to have significant effects on the environment,
they shall provide with the opinion a written statement of their reasons for being of that opinion.
Directions by the Secretary of State
4
1
Where an authority —
a
give an opinion in the terms mentioned in regulation 3(4)(a) or (b); or
b
fail to give an opinion within the period specified or agreed (as the case may be) for the purposes of regulation 3(4),
the prospective developer may apply to the Secretary of State, in accordance with the following provisions of this regulation, for his direction on the matter.
2
An application under this regulation shall be accompanied by —
a
a copy of the application under regulation 3(1) and of the documents which accompanied it;
b
a copy of the notice (if any) given by the authority under regulation 3(3) and of the information (if any) supplied in response to that notice;
c
a copy of the authority’s opinion (if any) and of the statement of reasons which accompanied it; and
d
such additional information or representations as the prospective developer may wish to provide or make.
3
The prospective developer shall send to the relevant planning authority, at such time as he applies to the Secretary of State, a copy of the application under this regulation and of any additional information or representations made in accordance with paragraph (2)(d).
4
If the Secretary of State considers that the information provided in accordance with paragraph (2) is insufficient to enable him to give a direction, he shall notify the prospective developer and the relevant planning authority of the matters in respect of which he requires further information; and the information so requested shall be provided by the prospective developer within such reasonable period as may be specified in the notice or such longer period as may be agreed in writing between the prospective developer and the Secretary of State.
5
The Secretary of State shall issue a direction within the period of three weeks beginning with the date of receipt of the application or such longer period as he may reasonably require.
6
The Secretary of State shall send a copy of his direction to the prospective developer and to the relevant planning authority; and where he concludes that the development is —
a
within a description mentioned in Schedule 1; or
b
within a description mentioned in Schedule 2 and likely to have significant environmental effects,
he shall send with the copy of the direction a written statement of the reasons for his conclusion.
Proposed development in which a relevant planning authority has an interest
5
1
For the purposes of this regulation, “developer” means —
a
a relevant planning authority who are minded to undertake development (whether alone or with another or others) which appears to them to be relevant development; or
b
a person who is minded to undertake development with a relevant planning authority (whether or not with any other person) which appears to him to be relevant development.
2
A developer may apply in writing to the Secretary of State for an opinion as to whether the development is within a description mentioned in Schedule 1 or Schedule 2, and, if so, within which description, and if within a description mentioned in Schedule 2, whether it would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
3
An application under paragraph (2) shall be accompanied by —
a
a plan sufficient to identify the land;
b
a brief description of the nature and purpose of the relevant development and of its possible effects on the environment;
c
such other information or representations as the developer may wish to provide or make.
4
If the Secretary of State considers that the information provided in accordance with paragraph (3) is insufficient to enable him to give an opinion, he shall notify the developer and, where that person is not the relevant planning authority, that authority, of the matters in respect of which he requires further information; and the information so requested shall be provided by the developer within such reasonable period as may be specified in the notice or such longer period as may be agreed in writing between the developer and the Secretary of State.
5
The Secretary of State shall give to the developer written notice of his opinion within the period of 3 weeks beginning with the date of receipt of the application or such longer period as he may reasonably require; and if it is his opinion that the relevant development is —
a
within a description mentioned in Schedule 1, or
b
within a description mentioned in Schedule 2 and likely to have significant effects on the environment,
he shall provide with the opinion a written statement of his reasons for being of that opinion.
6
Where the developer is not the relevant planning authority, the Secretary of State shall send to that authority a copy of the opinion and of the statement of reasons (if any) given in accordance with paragraph (5).
Public inspection of opinions and directions
6
1
The relevant planning authority shall make available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept a copy of —
a
every opinion given by the authority under regulation 3;
b
the accompanying statement of reasons (if any);
c
the application to which the opinion relates;
d
the documents which accompanied the application;
e
every direction or opinion received by the authority under regulation 4 or 5; and
f
the statement of reasons (if any) accompanying each such direction or opinion,
and those copies shall remain so available for a period of two years or until particulars of the opinion or direction are entered in Part I of the register in accordance with paragraph (2), whichever is the sooner.
2
Where particulars of an application for planning permission are entered in Part I of the appropriate register, the local planning authority shall take steps to secure that that Part also contains such particulars of —
a
any opinion given under regulation 3; and
b
any direction or opinion given under regulation 4 or 5,
as are relevant to the development which is the subject of the application.
3
In this regulation, “appropriate register” means the register kept pursuant to section 69 of the Town and Country Planning Act 1990 on which particulars of an application for planning permission for the development concerned are required to be entered.
John Selwyn Gummer
Secretary of State for the Environment
21st February 1995
John Redwood
Secretary of State for Wales
22nd February 1995


text:
Citation and commencement
1
These Regulations may be cited as The Ridge Danyers College (Government) Regulations 1995 and shall come into force on 15th July 1995.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Ridge Danyers College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
1
These Regulations may be cited as the Air Navigation (General) (Amendment) Regulations 1995, and shall come into force on 9th May 1995.
2
For regulation 4(2), (3) and (4) of the Air Navigation (General) Regulations 1993 there shall be substituted —
2
a
For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew together with their hand baggage entered in the load sheet shall be computed from the actual weight of each person and their hand baggage and for that purpose each person and their hand baggage shall be separately weighed:
Provided that the total weights of the passengers and crew together with their hand baggage may, subject to the provisions of paragraph (4), be calculated at not less than the appropriate weights shown in Tables 1 or 2 and the load sheet shall bear a notation to that effect.
TABLE 1 Passenger seats available 20 or more Male Female 30 or more All adult
Passengers on all flights except holiday charters 88 kg 70 kg 84 kg Passengers on holiday charters 83 kg 69 kg 76 kg Children (between 2 – 12 years) or infants under 2 years of age if occupying a separate seat 35 kg 35 kg Infants under 2 years of age if sharing a seat with an adult 0 kg 0 kg Flight crew 85 kg 85 kg Cabin crew 75 kg 75 kg
b
Where the total number of passenger seats available on an aircraft is 20 or more, the weights for males and females in Table 1 are applicable. As an alternative, where the total number of passenger seats available is 30 or more, the all adult weights in Table 1 may be used for passengers over the age of 12 years.
c
For the purpose of Table 1, “holiday charter” means a flight by an aircraft for the carriage of passengers each of whom is carried pursuant to an agreement which provides for carriage by air to a place outside Great Britain and back from that place, or from another place to Great Britain (whether or not on the same aircraft) and for accommodation at a place outside Great Britain.
d
Where the total number of passenger seats available on an aircraft is 19 or less the weights in Table 2 are applicable.
TABLE 2 Passenger seats available 1 – 5 6 – 9 10 – 19
Male passengers 104 kg 96 kg 92 kg Female passengers 86 kg 78 kg 74 kg Children (between 2 – 12 years) or infants under 2 years of age if occupying a separate seat 35 kg 35 kg 35 kg Infants under 2 years of age if sharing a seat with an adult 0 kg 0 kg 0 kg Flight crew 85 kg 85 kg 85 kg Cabin crew 75 kg 75 kg 75 kg
e
On flights where no hand baggage is carried or where such hand baggage is accounted for separately, 6 kg may be deducted from the weight of passengers over 12 years of age when using Table 2.
f
Where any immersion suit is worn or carried by a passenger or crew member, 3 kg shall be added to the appropriate weight shown in Table 1 or 2 in each such case.
3
a
For the purpose of calculating the total weight of the aircraft the respective total weights of the hold baggage and cargo entered in the load sheet shall be computed from the actual weight of each piece of baggage, cargo or cargo container and for that purpose each piece or container shall be separately weighed:
Provided that, in the case of an aircraft where the total number of passenger seats available is 20 or more, the total weights of the hold baggage may, subject to the provisions of paragraph (4), be calculated at not less than the weights shown in Table 3 and the load sheet shall bear a notation to that effect —
TABLE 3 Journey made by aircraft Hold baggage per piece
Domestic 11 kg European 13 kg Intercontinental 15 kg
b
For the purposes of this paragraph:
i
A journey made by an aircraft shall be treated as domestic if it is confined within an area enclosed by rhumb lines joining successively the following points —
N6100.00 W01100.00 N6100.00 E00200.00 N5105.00 E00200.00 N4930.00 W00400.00 N4930.00 W01100.00 N6100.00 W01100.00
but excluding any journey to or from Shannon.
ii
A journey made by an aircraft, not being a domestic journey, shall be treated as European if it is confined within an area enclosed by rhumb lines joining successively the following points —
N7200.00 E04500.00 N4000.00 E04500.00 N3500.00 E03700.00 N3000.00 E03700.00 N3000.00 W00600.00 N2700.00 W00900.00 N2700.00 W03000.00 N6700.00 W03000.00 N7200.00 W01000.00 N7200.00 E04500.00
iii
A journey made by an aircraft shall be treated as intercontinental if it is neither domestic nor European.
4
a
If it appears to the person supervising the loading of the aircraft that:
i
any person and his hand baggage to be carried exceeds the weights set out in Tables 1 or 2;
ii
where paragraph (2)(e) applies, any passenger to be carried exceeds the weights set out in Table 2 as adjusted in accordance with that paragraph; or
iii
any hold baggage to be carried exceeds the weights set out in Table 3:
he shall, if he considers it necessary in the interests of the safety of the aircraft, or if the Authority has so directed in the particular case, require any such person and his hand baggage, passenger or hold baggage, as the case may be, to be weighed for the purpose of the entry to be made in the load sheet.
b
If any person and his hand baggage, passenger or any hold baggage has been weighed pursuant to sub-paragraph (a), the weights entered in the load sheet shall take account of the actual weight of that person and his hand baggage, that passenger or that hold baggage, as the case may be, or of the weight determined in accordance with the respective provisos to paragraph (2) or (3), whichever weight shall be the greater.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
19th April 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Crown Land Applications) Regulations 1995 and shall come into force on 3rd June 1995.
2
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990; and
“ the Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Applications in respect of Crown land
2
The Act and Order shall, in their application, by virtue of section 299(2) of the Act, to the making and determination of applications in respect of Crown land for planning permission or for a certificate under section 192 of the Act , have effect subject to the modifications specified in the Schedule to these Regulations.
Notice of disposals of interests in Crown land
3
The appropriate authority shall, as soon as practicable after disposing of, or disposing of any interest in, any Crown land in respect of which planning permission has been granted or a certificate has been issued under section 192(2) of the Act on an application made by virtue of section 299(2) of the Act, give notice of the disposal in writing to the local planning authority to whom the application was made.
Revocation of Regulations
4
The Town and Country Planning (Crown Land Applications) Regulations 1992 are hereby revoked.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
12th April 1995
John Redwood
Secretary of State for Wales
22nd April 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 2) Order 1995.
2
In this Order references to sections and Schedules are references to sections of, and Schedules to, the Pensions Act 1995.
Appointed day
2
1
The day appointed for the coming into force of section 39 (exercise of powers by member trustees), and sections 117, 121 and 124, insofar as they relate to that section, is 1st January 1996.
2
The day appointed for the coming into force of sections 62 to 66 (equal treatment) and sections 117, 120, 121, 124, 174 and 175 insofar as they relate to those sections —
a
for the purpose only of authorising the making of regulations under sections 63(5), 64(2) and (3) and 66(4), is 4th December 1995; and
b
for all other purposes, is 1st January 1996.
3
The day appointed for the coming into force of paragraphs 29, 32 to 37, 39(b), 42, 44(a)(i) and 47 of Schedule 3 (repeal of section 118 of the Pension Schemes Act 1993 : equal access), and section 122 insofar as it relates to these paragraphs, is 1st January 1996.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited asthe Bolton Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March1995.
2
In this Order —
“the Authority” means the Wigan andBolton Health Authority;
“the Trust” means the Bolton Hospitals NationalHealth Service Trust;
“the trust property” means the items specifiedin a schedule of trust property preparedby and agreed upon by the Authority and the Trust on 28th November 1994, whichschedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 1995 the trust propertyshall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th February 1995


text:
1
This order may be cited as the Finance Act 1993, section 11, (Appointed Day) Order 1995.
2
The day appointed as the day on which section 11 of the Finance Act 1993 comes into force is 1st December 1995.
Bowen Wells
David Willetts
Two of the Lords Commissioners of Her Majesty’s Treasury
9th November 1995