text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1993 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) —
a
after the definition of “bank account”, insert —
“community fund-holding practice” means a fund-holding practice which has been granted recognition as a community fund-holding practice in accordance with regulation 5;
; and
b
after the definition of “relevant FHSA ”, insert —
“standard fund-holding practice” means a fund-holding practice which has been granted recognition as a standard fund-holding practice in accordance with regulation 5.
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (application of Regulations in Wales) —
a
for paragraph (2) substitute —
2
In relation to an application which, by virtue of paragraph (1) or regulation 3(4). has been made to the Secretary of State —
a
regulations 6(c) and 7 do not apply; and
b
in Schedule 1 —
i
the condition specified in paragraph 1(a) does not apply, and
ii
paragraph 1(b) applies as if for “5,000” there were substituted “4,000”.
; and
b
for paragraph (4) substitute —
4
In relation to any fund-holding practice whose recognition has been granted by the Secretary of State —
a
regulations 14(4)(c)(i) and (5)(c)(i), 16(c)(i), 17 and 25(5)(c) and (6) do not apply; and
b
in Schedule 2 —
i
the condition specified in paragraph 1(a) does not apply,
ii
paragraph 1 applies as if for “5,000” in both places and there were substituted “4,000” and as if the words “3,000 or, as the case may be,” were omitted, and
iii
paragraph 2(b) applies as if for “5,000”, there were substituted “4,000”.
.
Amendment of regulation 3 of the principal Regulations
4
In regulation 3 of the principal Regulations (application for recognition as a fund-holding practice) —
a
after paragraph (1) insert —
1A
The application shall state whether it is an application for recognition as a community fund-holding practice or as a standard fund-holding practice
; and
b
after paragraph (2) insert —
2A
Where an application has been made but before it has been determined in accordance with regulation 6, the members of the practice may, by notice to the Regional Health Authority signed by each member of the practice, change their application to an application for recognition as a standard, or as the case may be, a community fund-holding practice.
.
Amendment of regulation 4 of the principal Regulations
5
In regulation 4 of the principal Regulations (time of application), at the beginning insert “(1) Subject to paragraph (2),”, and at the end insert —
2
An application for recognition which is to take effect from 1st April 1996 shall be made by 31st July 1995.
.
Amendment of regulation 5 of the principal Regulations
6
In regulation 5 of the principal Regulations (grant of recognition as a fund-holding practice) —
a
for paragraph (1), substitute —
1
The Regional Health Authority shall grant recognition as a standard fund-holding practice or as a community fund-holding practice (as the case may be) if it is satisfied that the conditions specified in Schedule 1 in relation to such a practice are fulfilled.
; and
b
in paragraph (2), at the beginning insert “Subject to paragraph (3)”; and
c
after paragraph (2), insert —
3
For the purposes only of the payment and application of the management allowance referred to in regulation 22A, recognition shall take effect on the date on which it was granted.
4
A fund-holding practice which is recognised as such immediately before 1st April 1995 shall be a standard fund-holding practice.
.
Amendment of regulation 8 of the principal Regulations
7
In regulation 8 of the principal Regulations (conditions for continuing recognition) —
a
for “The members of a fund-holding practice shall continue to be entitled to recognition as a fund-holding practice” substitute “The members of a standard fund-holding practice or community fund-holding practice (as the case may be) shall continue to be entitled to recognition as such”; and
b
after “Schedule 2” in both places insert “in relation to such a practice”.
Amendment of regulation 10 of the principal Regulations
8
In regulation 10(1)(b) of the principal Regulations (withdrawal or death of a member of a fund-holding practice), after “Schedule 2” in both places insert “in relation to the kind of practice in question”.
Application for change in status of recognised fund-holding practice
9
After regulation 10 of the principal Regulations (withdrawal or death of a member of a fund-holding practice), insert the following new Regulation —
Application for change in status of recognised fund-holding practice
10A
1
A community fund-holding practice may apply to become a standard fund-holding practice and a standard fund-holding practice may apply to become a community fund-holding practice.
2
In this regulation, an application under paragraph (1) is referred to as an “application for change in fund-holding status”.
3
An application for change in fund-holding status to take effect from 1st April in any year shall be made by 1st July in the preceding year or, in the case of an application from a standard fund-holding practice to become a community fund-holding practice, such later date as the Regional Health Authority may agree.
4
Regulation 3 (except for paragraph 2A), and regulations 5 and 6 shall apply to an application for change in fund-holding status as they apply to an application for recognition as a fund-holding practice but as if the references in those Regulations —
a
to an application were references to an application for change in fund-holding status; and
b
to the grant or refusal of recognition were references to the grant or refusal of an application for change in fund-holding status.
.
Amendment of regulation 13 of the principal Regulations
10
In regulation 13(2) of the principal Regulations (grounds for removal of recognition) —
a
for “a fund-holding practice”, substitute “a community fund-holding practice or a standard fund-holding practice (as the case may be)”; and
b
after “Schedule 2” in both places insert “in relation to such a practice”.
Amendment of regulation 20 of the principal Regulations
11
For regulation 20(2) of the principal Regulations (purchase of goods and services) substitute —
2
The goods and services referred to in paragraph (1) are the goods and services specified, in the case of standard fund-holding practices in Part I and in the case of community fund-holding practices in Part II, of a list approved from time to time by the Secretary of State for the purposes of this regulation.
2A
Where —
a
the list mentioned in paragraph (2) includes services in connection with the termination of pregnancy; and
b
the members of a fund-holding practice do not wish to purchase such services in any financial year,
they may give notice to that effect to the Regional Health Authority by 31st July in the preceding year.
2B
Where such notice has been given, the cost of any such services as are provided to individuals on the lists of patients of members of the practice in the financial year in question shall be met by the District Health Authority whose primary functions include the provision of goods and services to those individuals.
.
Payment for management expenses
12
After regulation 22 (payment of salaries), insert the following new Regulation —
Payment for management expenses
22A
1
Where the allotted sum is determined wholly or partly by reference to the management expenses of the members of the fund-holding practice, the amount so determined (in this regulation referred to as the “management allowance”) may be applied in accordance with this regulation.
2
The management allowance shall be applied only for the purposes of management expenses.
3
The amount applied out of the allotted sum for the purposes of management expenses shall not exceed the management allowance and no more than 25% (in the preparatory year 50%) of the total management allowance may be applied for the purpose mentioned in paragraph (4)(d).
4
For the purposes of this regulation, “management expenses” are —
a
the cost of employing staff in connection with the management of the allotted sum;
b
the cost of training members of the practice or their staff in connection with the management of the allotted sum;
c
the cost, not exceeding such sum as the Secretary of State may specify in directions under section 15(1) of the 1990 Act , of either —
i
employing or engaging (as an assistant or deputy) a registered medical practitioner to provide general medical services to the patients of a member of the practice who is engaged in the management of the allotted sum, or
ii
paying a member of the practice for his time in connection with the management of the allotted sum;
d
the cost of acquiring office equipment (excluding computers) required for the purposes of the management of the allotted sum;
e
the upkeep and running costs of office equipment required for the purposes of the management of the allotted sum, including computer hardware and software running costs not exceeding such sum as the Secretary of State may specify in directions;
f
the cost of specialist advice required in connection with the management of the allotted sum; and
g
the cost of minor internal modifications to any premises from which the members of the practice carry on their practice which are required to provide office accommodation for staff employed in connection with the management of the allotted sum.
.
5
In this regulation “preparatory year” means the interval between a grant of recognition under regulation 5(1) and the following 1st April.
Amendment of regulation 23 of the principal Regulations
13
— In regulation 23 of the principal Regulations (payments to members of the fund-holding practice) —
a
in paragraph (1), from “in accordance” until the end of the paragraph substitute —
a
in accordance with an arrangement made in pursuance of paragraph (2);
b
pursuant to regulation 22A(4)(c)(ii); or
c
pursuant to regulation 24(2)(e) or (f)
; and
b
in paragraph (2), for “a fund-holding practice” substitute “a standard fund-holding practice”.
Amendment of regulation 24 of the principal Regulations
14
1
Regulation 24 of the principal Regulations (savings from the allotted sum) is amended as follows.
2
In paragraph (2) —
a
at the beginning insert “Subject to paragraph (3)”;
b
for “for the benefit of the patients of the practice” substitute “with the consent of the Regional Health Authority”; and
c
after sub-paragraph (c) insert —
or
d
the purchase of services in connection with an audit of clinical practice which relates to any of the goods and services which are included in the list of goods and services mentioned in regulation 20(2); or
e
commissioning research which relates to any of the goods and services included in the list mentioned in regulation 20(2); or
f
training for members or employees of the fund-holding practice which is required in connection with their membership of the fund-holding practice or, in the case of employees, their fund-holding duties arising in the course of their employment.
.
3
After paragraph (2), insert —
3
The Regional Health Authority shall not consent to the application of any part of an allotted sum for any of the purposes specified in paragraph (2)(a) to (f) unless it is satisfied that the expenditure would —
a
be for the benefit of the patients of the members of the practice; and
b
represent value for money.
.
Amendment of regulation 25 of the principal Regulations
15
— In regulation 25(1) of the principal Regulations (recovery of misapplied sums), after “22,” insert “22A,”.
Amendment of Schedule 1 to the principal Regulations
16
1
Schedule 1 to the principal Regulations (conditions for obtaining recognition as a fund-holding practice) is amended as follows.
2
For paragraph 1, substitute —
1
On the date on which the application is made there are —
a
in the case of an application for recognition as a community fund-holding practice, at least 3,000 patients, or
b
in the case of an application for recognition as a standard fund-holding practice at least 5,000 patients,
on the lists of patients of the members of the practice or, in the opinion of the Regional Health Authority, it is likely that there will be at least that many patients on those lists on the date on which any recognition would take effect in accordance with regulation 5(2).
.
3
Paragraph 3 is omitted.
Amendment of Schedule 2 to the principal Regulations
17
1
Schedule 2 to the principal Regulations (conditions for continuing recognition as a fund-holding practice) is amended as follows.
2
For paragraphs 1 and 2 there are substituted —
1
Subject to paragraph 2, there are —
a
in the case of a community fund-holding practice, at least 3,000 patients; or
b
in the case of a standard fund-holding practice, at least 5,000 patients,
on the lists of patients of the members of the practice or, in the opinion of the RegionalHealth Authority, it is likely that there will be at least that many patients on those lists by 1st April following the date on which it came to the notice of the Regional Health Authority that the number of patients on those lists was less than 3,000 or, as the case may be, 5,000.
.
2
In relation to a fund-holding practice which is recognised immediately before 1st April 1995 there are until 1st April 1996 —
a
at least 7,000 patients on the lists of patients of the members of the practice; or
b
fewer than 7,000 but at least 5,000 patients on the lists of patients of the members of the practice and the Regional Health Authority is satisfied that the only reason for the number falling below 7,000 is that a member of the practice has died or has retired on grounds of age or ill health.
3
Paragraph 2 is omitted.
4
In paragraph 5 —
a
after “5(2)” insert “or (3)”;
b
for “or” substitute “and”; and
c
for “are capable of doing so” substitute “will also be capable of doing so then”.
5
After paragraph 10, there is inserted —
10A
The members of the fund-holding practice send to the relevant FHSA —
a
before the beginning of each financial year, a practice plan outlining how the practice proposes to spend its allotted sum; and
b
by 30th June in any year, an annual report summarising how its allotted sum has been spent in the most recent financial year.
.
6
In paragraph 12, for “(h) to (m)” substitute “(h) to (o).”.
Gerald Malone
Minster of State,
Department of Health
9th March 1995
John Redwood
Secretary of State for Wales
9th March 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Payment of Levy on Disposals) Regulations 1995 and shall come into force on 24th August 1995.
2
In these Regulations “ the Act ” means the Leasehold Reform, Housing and Urban Development Act 1993.
Levy on disposals of dwelling-houses
2
1
The amounts which may by virtue of subsection (8) of section 136 of the Act be applied as mentioned in that subsection shall not exceed the relevant percentage of the levy concerned.
2
In paragraph (1) above, “relevant percentage” means either —
a
the percentage of the aggregate amount “CR” defined in section 136(3) of the Act which is set aside by the authority as provision to meet credit liabilities in accordance with section 59(1) and section 61(4) of the Local Government and Housing Act 1989 , or
b
where the percentage mentioned in sub-paragraph (a) above is nil, 1 per cent.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
24th July 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
25th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Premier Health 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 South Staffordshire Health Authority;
“the Trust” means the Premier Health 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 2nd 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:
Citation and commencement
1
1
This Order may be cited as the Northern Combined Police Area Amalgamation Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Northern Combined Police Area Amalgamatin Scheme 1995
2
The Northern Combined Police Area Amalgamation Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of state, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aberdeen and Grampian Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order —
“the principal Order ” means Aberdeen and Grampian Tourist Board Scheme Order 1995 ; and
“the scheme” means the Aberdeen and Grampian Tourist Board Scheme 1995 .
Amendment of the principal Order
2
In article 3(1) of the principal Order (the Scheme) for “City of Aberdeen” there shall be substituted “Aberdeen City” .
Amendment of the scheme
3
In paragraph 3(1) of the scheme for “City of Aberdeen” there shall be substituted “Aberdeen City” .
4
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
i
persons, not exceeding 6 in number, to be nominated by the council for the local government area of Aberdeenshire to be persons representative of that council on the Board;
ii
persons, not exceeding 6 in number, to be nominated by the council for the local government area of Aberdeen City to be persons representative of that council on the Board; and
iii
persons, not exceeding 6 in number, to be nominated by the council for the local government area of Moray to be persons representative 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.
.
5
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 Secre- tary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
6
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
23rd August 1995


text:
1
This Order may be cited as the A312 Trunk Road (The Parkway, Hounslow) (Prescribed Routes) Order 1995 and shall come into force on 30th June 1995.
2
In this Order —
“The Parkway” means the A312 Trunk Road in the London Borough of Hounslow known as The Parkway;
“the junction” means the junction at the intersection of The Parkway and High Street, Cranford; and
“the traffic island” means the island site in the north-westbound carriageway of The Parkway which extends south-eastwards from the junction for a distance of 12 metres.
3
Every person causing or permitting a vehicle to pass to the right of the traffic island shall cause that vehicle to turn right at the junction.
4
Every person causing or permitting a vehicle to pass to the left of the traffic island shall cause that vehicle to proceed straight ahead or turn left at the junction.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
P J Bevis
A Grade 6 Officer Highways Agency London Office
19th June 1995


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 1995 and shall come into force on 1st September 1995.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1994 and the Education (School Teachers' Pay and Conditions) Order 1995 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
1
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1995” (“the Document”) shall, save for paragraph 21.6 of the Document, have effect from 1st September 1995.
2
Paragraph 21.6 of the Document (which deals with the Inner London Area Supplement) shall have effect from 1st September 1994.
Gillian Shephard
Secretary of State for Education
10th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carmarthen and District 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 Carmarthen and District 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 29th November 1994, 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:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) Regulations 1995 and shall come into force on 15th February 1995.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with the following regulations.
3
In paragraph (1) of regulation 2 for the definition of “alphabetical code” there shall be substituted the following —
“alphabetical code” means the alphabetical prefix as set out below which shall be used to identify the member State —
Austria — AT Belgium — BE Denmark — DK Finland — FI France — FR Germany — DE Greece — EL Ireland — IE Italy — IT Luxembourg — LU Netherlands — NL Portugal — PT Spain — ES Sweden — SE United Kingdom — GB;
.
4
For paragraph (14) of regulation 38 there shall be substituted the following —
(14)
In regulations 57F and 57J “customs territory of the Community” has the same meaning as it has for the purposes of Council Regulation ( EEC ) No. 2913/92
.
5
In paragraph (1) of regulation 57D sub-paragraph (iii) shall be omitted.
6
After regulation 57D there shall be inserted the following regulation —
57DA
1
For the purposes of the Value Added Tax Act 1994 the territory of the Community shall be treated as excluding Austria, Finland and Sweden (the acceding States) in relation to goods to which this regulation applies.
2
Subject to paragraph (4) below, the goods to which this regulation applies are —
a
goods which are the subject of a supply made in an acceding State before 1st January 1995 and which in pursuance of that supply are removed to the United Kingdom on or after 15th February 1995 being goods in the case of which provisions of the law of the acceding State in question having effect for purposes corresponding to those of subsection (6)(a) or (so far as it applies to exportations) subsection (8) of section 30 of the Value Added Tax Act 1994 have prevented VAT from being charged on that supply;
b
goods which were subject to a suspension regime before 1st January 1995, which by virtue of any Community legislation were to remain, for VAT purposes only, subject to that regime for a period beginning with that date and which cease to be subject to that regime on or after 15th February 1995.
3
For the purposes of paragraph (2)(b) above, goods shall be treated as having become subject to a suspension regime if —
a
on their entry into the territory of the Community —
i
they were placed under a temporary admission procedure with full exemption from import duties, in temporary storage, in a free-zone, or under customs warehousing arrangements or inward processing arrangements; or
ii
they were admitted into the territorial waters of the United Kingdom for the purpose of being incorporated into drilling or production platforms, for the purposes of the construction, repair, maintenance, alteration or fitting-out of such platforms, for the purpose of linking such platforms to the mainland of the United Kingdom, or for the purpose of fuelling or provisioning such platforms; or
b
they were placed under any customs transit procedure in pursuance of a supply made in the course of a business,
and (in the case in question) the time that any Community customs debt in relation to the goods would be incurred in the United Kingdom if the accession to the European Union of the acceding States were disregarded would fall to be determined by reference to the matters mentioned in paragraph (a) or (b) above.
4
This regulation does not apply to the following goods —
a
goods which are exported on or after 15th February 1995 to a place outside the member States;
b
goods which are not means of transport and are removed on or after 15th February 1995 from a temporary admission procedure such as is referred to in paragraph (3)(a)(i) above, in order to be returned to the person in an acceding State who had exported them from that State;
c
means of transport which are removed on or after 15th February 1995 from a temporary admission procedure such as is referred to in paragraph 3(a)(i) above and which —
i
were first brought into service before 1st January 1987; or
ii
have a value not exceeding £4,000; or
iii
have been charged in an acceding State to VAT which has not been remitted or refunded by reason of their exportation and to such other tax (if any) to which means of transport of that class or description are normally chargeable.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
25th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Llandough Hospital and Community 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 Llandough Hospital and Community 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 Income Tax (Employments) (Amendment No. 2) Regulations 1995 and shall come into force on 6th April 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 42 —
a
in paragraph (2) —
i
after the word “If” there shall be inserted the words “it appears to the collector that”;
ii
for the words “the underdeduction” there shall be substituted the words “the failure to deduct the amount which the collector considers should have been but was not deducted ( “the excess amount”)”;
iii
for the words “the amount of the excess” and “the amount of that excess” there shall be substituted in each case the words “the excess amount”;
b
in paragraph (3) —
i
for the words “If the amount” there shall be substituted the words “If it appears to the Board that the amount”;
ii
for the words “the Board, if they” there shall be substituted the words “and the Board”;
iii
for the words “may direct that the amount of the excess” there shall be substituted the words “they may direct that the amount which they consider to constitute the excess ( “the excess amount”)”;
iv
for the words “the amount of that excess” there shall be substituted the words “the excess amount”;
c
paragraph (5) shall be omitted.
4
In regulation 48 —
a
in paragraph (1) the words “, despite demand being made,” shall be omitted;
b
in paragraph (6) for the words from “the amount so unpaid” to the end there shall be substituted the words
the amount so unpaid —
shall be deemed to be an amount of tax which the employer was liable to pay for that income tax period in accordance with regulation 40 or 41, and
may be certified by the collector.
;
c
paragraph (8) shall be omitted.
5
In regulation 49(5) —
a
for sub-paragraph (b) there shall be substituted —
b
the Board are of the opinion that an employee in respect of whose emoluments the determination was made has received his emoluments knowing that the employer has wilfully failed to deduct the amount of tax which he was liable to deduct under these Regulations from those emoluments,
;
b
the words “(without prejudice to the right of recovery from the employer)” shall be omitted;
c
at the end there shall be added the words “, and, where the Board so direct, the employer shall not be liable to pay that part of that tax to the collector.”.
6
In regulation 55(2) after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
all documents and records whatsoever relating to any particulars which an employer is required to include in a return or returns under regulation 46 in respect of any year specified by the authorised officer; or
.
7
In regulation 101 —
a
in paragraph (3) for the words “paragraph (5)” there shall be substituted the words “paragraphs (5) and (6)”;
b
in paragraph (4)(a) the words from “, having regard to” to the end shall be omitted;
c
after paragraph (5) there shall be added —
6
Where a direction is made by the collector under regulation 42(2), or by the Board under regulation 42(3) or 49(5), in relation to the employee and in respect of one or more income tax periods falling within the year —
a
the employee shall not be entitled to include the amount of tax which is the subject of the direction in calculating the amount of tax referred to in paragraph (4)(a);
b
if the direction follows the making of the assessment, the amount (if any) shown in the notice of assessment as a deduction from, or a credit against, the tax payable under the assessment shall be taken as reduced by the amount of tax which is the subject of the direction.
7
In this regulation “tax payable under the assessment” refers to the amount of tax shown in the assessment as payable without regard to any amount shown in the notice of assessment as a deduction from, or a credit against, the amount of tax payable.
.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
22nd February 1995


text:
1
This Order may be cited as the A23 Trunk Road (Brighton Road, Croydon) (Prohibition of Right Turn and U-Turn) Order 1995 and shall come into force on 15th January 1995.
2
In this Order —
“Brighton Road” means that length of the A23 Trunk Road in the London Borough of Croydon known as Brighton Road;
“central reserve” means that part of Brighton Road which separates its two carriageways for the safety and guidance of vehicles using that road between its junction with Purley Road and a point 13 metres south-west of its junction with the north-eastern arm of Purley Rise; and
“Purley Rise” means the road of that name in the London Borough of Croydon.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
a
proceeding in Brighton Road to make a right turn into the north-eastern arm of Purley Rise;
b
having entered Brighton Road from the north-eastern arm of Purley Rise to proceed in any direction other than north-eastwards; or
c
proceeding south-westbound in Brighton Road to make a U-turn at the south-western extremity of the central reserve so as to proceed in the opposite direction.
4
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
5
1
The A23 Trunk Road (Brighton Road, Croydon) (Prohibition of Right Turn and U-Turn) Order 1994 shall be varied as follows.
2
In article 2, the definition of “central reserve” shall be omitted.
3
In article 3, paragraph (c) shall be omitted.
Signed by authority of the Secretary of State for Transport
R.J. Mance
Director, Network Management Highways Agency London Office
6th January 1995


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) ( No. 2) Order 1995 and shall come into force on 6th December 1995.
Amendment of the Plant Health (Great Britain) Order 1993
2
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with the provisions of articles 3 to 7 below.
3
In Schedule 1, Part B, Section (a) —
a
in the second column opposite item number 1 in the first column after “P” insert the following words —
(Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentjo, Madeira and Azores)
;
b
in the second column for the entry opposite item number 2 in the first column substitute the following —
E (Menorca and Ibiza), IRL, P (Azores and Madeira), UK , S (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Lin, Halland), FI (the districts of Aland, Turku, Uusimaa, Kymi, Hime, Pirkanmaa, Satakunta)
.
4
In Schedule 2, Part B —
a
in Section (a) —
i
in the third column opposite item number 1 in the first column delete “I”;
ii
in the third column opposite items numbers 2 and 4 in the first column delete “F” and after the words “Isle of Man” insert the words “and Jersey”;
iii
in the third column opposite item number 8 in the first column after the words “Isle of Man” insert the words “and Jersey”;
b
in section (b), in the third column opposite item number 2 in the first column after the word “Rhône-Alpes” insert the words “ — except Department of Rhône — ” and after the word “Auvergne” insert the words “ — except Department of Puy de Dome — ”
c
in Section (c) —
i
in the third column opposite item number 1 in the first column delete “I (Sicily)”;
ii
in the third column opposite items numbers 2 and 3 in the first column delete the words “Isle of Man”.
5
In Schedule 4, Part B —
a
in the third column opposite items numbers 15 and 18 in the first column delete “F” and after the words “Isle of Man” insert the words “and Jersey”;
b
in the third column opposite item number 16 in the first column delete the words “Isle of Man”;
c
in the third column opposite item number 21 in the first column after the word “Rhône-Alpes” insert the words “ — except Department of Rhône — ” and after the word “Auvergne” insert the words “ — except Department of Puy de Dome — ”;
d
in the third column opposite item number 24 in the first column after “P” insert the following words —
(Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores)
;
e
in the first column for item number 27.1 for the word “speed” substitute the word “seed”;
f
in the third column opposite item number 28 in the first column delete “I (Sicily)”.
6
In Schedule 8 —
a
in Section (a) —
i
in the second column opposite item number 1 in the first column delete the word “Italy”;
ii
in the second column opposite item number 2 in the first column after the word “Portugal” insert the following words —
(Entre Douro e Minho, Traz-os-Montes, Beira Litoral, Beira Interior, Ribatejo e Oeste, Alentejo, Madeira and Azores)
;
iii
in the second column opposite items numbers 3 and 5 in the first column delete the word “France” and after the words “Isle of Man” insert “and Jersey”;
iv
in the second column for the words opposite item number 12 in the first column substitute the following words —
Spain (Menorca and Ibiza), Ireland, Portugal (Azores and Madeira), United Kingdom, Sweden (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands Län, Halland), Finland (the districts of Aland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta)
;
v
in the second column opposite item number 14 in the first column after the words “Isle of Man” insert “and Jersey”;
b
in Section (b), in the second column opposite item number 2 in the first column after the word “Rhône-Alpes” insert the words “(except Department of Rhône)” and after the word “Auvergne” insert the words “(except Department of Puy de Dome)”;
c
in Section (c) —
i
in the second column opposite item number 1 in the first column delete the words “Italy (Sicily)”;
ii
in the second column opposite items numbers 2 and 3 in the first column delete the words “and the Isle of Man”.
7
In Schedule 16 at the end insert the following —
Commission Directive 95/40/ EC OJ No. L182, 2.8.95, p.14.
Commission Directive 95/41/EC OJ No. L182, 2.8.95, p.17.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
7th November 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
7th November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 and shall come into force —
a
for the purposes of this regulation and regulations 2 and 5 to 10, on 2nd October 1995; and
b
for the purposes of regulations 3 and 4 on 3rd October 1995.
2
In the case of a person who was entitled to council tax benefit or housing benefit in respect of 1st October 1995, regulations 2(5)(b) and (8) or 5(6)(b) and (9), as the case may be, shall have effect —
a
on the day immediately following the day on which the person’s benefit period, which includes 1st October 1995, ends; and
b
on any day thereafter.
3
Regulations 3 and 4 shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies on 3rd October 1995;
b
where a claimant has an award of disability working allowance or family credit which is current on 2nd October 1995, on the day following the expiration of that award.
4
Subject to paragraph (5), regulations 6 and 8 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 2nd October 1995 which applies in his case.
5
Regulation 6(4)(b) shall have effect —
a
in the case of a claimant who was in receipt of income support on 1st October 1995 and in respect of whom no further claim for income support has been made, on —
i
the date when the claimant’s circumstances are first reviewed by an adjudication officer in consequence of an application for a review by the Secretary of State made under section 26 of the Social Security Administration Act 1992, following the receipt of information provided by the claimant in response to an enquiry by the Secretary of State as to his current circumstances; or
ii
1st October 1998 if this is sooner; or
b
in any other case, on the date of any claim for income support.
6
For the purposes of this regulation —
“adjudication officer” means an adjudication officer appointed under section 38 of the Social Security Administration Act 1992;
“benefit week” has the same meaning as in the Income Support Regulations;
“claimant” means a claimant for disability working allowance, family credit or, as the case may be, for income support.
7
In these Regulations —
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;
“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
Amendment of the Council Tax Benefit Regulations
2
1
The Council Tax benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “payment” there shall be inserted the following definition —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
;
b
in the definition of “personal pension scheme” for the words “section 191 of the Administration Act 1992”there shall be substituted the words “section 1 of the Pension Schemes Act 1993 ”;
c
after the definition of “resident” there shall be inserted the following definition —
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 ;
;
3
In regulation 4C(4)(c)(i) (treatment of periods of absence from home) for the word “Services” there shall be substituted the word “Service”.
4
In regulation 22(11) (calculation of net profit of self-employed earners) the definition of “retirement annuity contract” shall be omitted.
5
In regulation 26 (notional income) —
a
in paragraph (2) for the words from “Except in the case” to “personal injury,” there shall be substituted the following words —
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
c
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,
;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the appropriate authority which shall take account of information provided by the pension fund holder in accordance with regulation 63(5) (evidence and information) .
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
.
6
In regulation 34(2) (notional capital) after sub-paragraph (c) there shall be inserted the word “or” and the following sub-paragraph shall be added —
d
a personal pension scheme or retirement annuity contract,
.
7
In regulation 36 (capital jointly held) for the words from “to the whole beneficial interest” to the end of the regulation there shall be substituted the following words —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
8
In regulation 63 (evidence and information) after paragraph (3) there shall be added the following paragraphs —
4
Where a claimant or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the appropriate authority so requires furnish the following information —
a
the name and address of the pension fund holder;
b
such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
5
Where the pension fund holder receives from an appropriate authority a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall provide the appropriate authority with any information to which paragraph (6) refers.
6
The information to which this paragraph refers is —
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of —
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
.
9
In Schedule 1 (applicable amounts) in paragraph 13\(1)(b)(i) for the words “is incapable of work” there shall be substituted the words “is, or is treated as, incapable of work”.
10
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
paragraph 12 shall be omitted;
b
in paragraph 51 —
i
after the words “Benefits Act 1992”, there shall be inserted the words “or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 ”; and
ii
after the words “that Act” there shall be inserted the words “or the rate of that pension under that Order”.
11
In Schedule 5 (capital to be disregarded) —
a
for paragraph 6 there shall be substituted the following paragraph —
6
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
;
b
in paragraph 27, for the words “for such period” to the end, there shall be substituted the words “for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer periods as is necessary to enable those repairs or alterations to be carried out.”;
c
after paragraph 30 there shall be inserted the following paragraph —
30A
The value of any funds held under a personal pension scheme or retirement annuity contract.
;
d
in paragraph 31 at the end there shall be added the words “except where the claimant has a reversionary interest in the property in respect of which rent is due.”.
Amendment of the Disability Working Allowance Regulations
3
1
The Disability Working Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “payment” there shall be inserted the following definition —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
b
in the definition of “personal pension scheme” for the words “section 84(1) of the Act” there shall be substituted the words “section 1 of the Pension Schemes Act 1993”;
c
after the definition of “qualifying person” there shall be inserted the following definition —
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
.
3
In regulation 25(14) (calculation of net profit of self-employed earners) the definition of “retirement annuity contract” shall be omitted.
4
In regulation 29 (notional income) —
a
in paragraph (2) for the words from “Except in the case” to “personal injury,” there shall be substituted the following words —
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
c
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,
;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the adjudication officer who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987 (evidence and information) .
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2a)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
.
5
In regulation 37(2) (notional capital) after sub-paragraph (c) there shall be inserted the word “or” and the following sub-paragraph shall be added —
d
a personal pension scheme or retirement annuity contract,
.
6
In regulation 39 (capital jointly held) for the words from “to the whole beneficial interest” to the end of the regulation there shall be substituted the following words —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
7
In Schedule 1 (disability which puts a person at a disadvantage in getting a job), in paragraph 6, for the words “pick up with each hand” there shall be substituted the words “, with one hand, pick up”.
8
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 11 there shall be inserted the following paragraph —
11A
Any Jobmatch Allowance payable pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 where the payments will cease by the date on which the period under section 129(6) of the Contributions and Benefits Act 1992 (period of award) is to begin.
;
b
in paragraph 49 —
i
after the words “Benefits Act”, there shall be inserted the words “or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983”; and
ii
after the words “that Act” there shall be inserted the words “or the rate of that pension under that Order”.
9
In Schedule 4 (capital to be disregarded) —
a
for paragraph 5 there shall be substituted the following paragraph —
5
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
;
b
after paragraph 24 there shall be inserted the following paragraph —
24A
The value of any funds held under a personal pension scheme or retirement annuity contract.
;
c
in paragraph 25 at the end there shall be added the words “except where the claimant has a reversionary interest in the property in respect of which rent is due.”.
Amendment of the Family Credit Regulations
4
1
The Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “payment” there shall be inserted the following definition —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
;
b
in the definition of “personal pension scheme” for the words “section 84(1) of the Act” there shall be substituted the words “section 1 of the Pension Schemes Act 1993”;
c
after the definition of “qualifying person” there shall be inserted the following definition —
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
.
3
In regulation 22(12) (calculation of net profit of self-employed earners) the definition of “retirement annuity contract” shall be omitted.
4
In regulation 26 (notional income) —
a
in paragraph (2) for the words from “Except in the case” to “personal injury,” there shall be substituted the following words —
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
c
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,.
;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date one which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the adjudication officer who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987.
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
.
5
In regulation 34(2) (notional capital) after sub-paragraph (c) there shall be inserted the word “or” and the following sub-paragraph shall be added —
d
a personal pension scheme or retirement annuity contract,
.
6
In regulation 35 (capital jointly held) for the words from “to the whole beneficial interest” to the end of the regulation there shall be substituted the following words —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
7
In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 12 there shall be substituted the following paragraph —
12
Any Jobmatch Allowance payable pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 where the payments will cease by the date on which the period under section 128(3) of the Contributions and Benefits Act (period of award) is to begin.
;
b
in paragraph 51 —
i
after the words “Benefits Act”, there shall be inserted the words “or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983”; and
ii
after the words “that Act” there shall be inserted the words “or the rate of that pension under that Order”.
8
In Schedule 3 (capital to be disregarded) —
a
for paragraph 5 there shall be substituted the following paragraph —
5
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
;
b
after paragraph 24 there shall be inserted the following paragraph —
24A
The value of any funds held under a personal pension scheme or retirement annuity contract.
;
c
in paragraph 25 at the end there shall be added the words “except where the claimant has a reversionary interest in the property in respect of which rent is due.”.
Amendment of the Housing Benefit Regulations
5
1
The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “payment” there shall be inserted the following definition —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
;
b
in the definition of “personal pension scheme” for the words “section 191 of the Social Security Administration Act 1992” there shall be substituted the words “section 1 of the Pension Schemes Act 1993”;
c
after the definition of “rent” there shall be inserted the following definition —
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
.
3
In regulation 5(8B)(c)(i) (treatment of periods of absence from home) for the word “Services” there shall be substituted the word “Service”.
4
In regulation 11 (restrictions on unreasonable payments) paragraph (1A) shall be omitted.
5
In regulation 31(11) (calculation of net profit of self-employed earners) the definition of “retirement annuity contract” shall be omitted.
6
In regulation 35 (notional income) —
a
in paragraph (2) for the words “Except in the case” to “personal injury,” there shall be substituted the following words —
Except in the case of —
a
a discretionary trust;
b
a trust derived from a payment made in consequence of a personal injury; or
c
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,
;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the appropriate authority which shall take account of information provided by the pension fund holder in accordance with regulation 73(5) (evidence and information) .
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
.
7
In regulation 43(2) (notional capital) after sub-paragraph (c) there shall be inserted the word “or” and the following sub-paragraph shall be added —
d
a personal pension scheme or retirement annuity contract,
.
8
In regulation 44 (capital jointly held) for the words “to the whole beneficial interest” to the end of the regulation there shall be substituted the following words —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
9
In regulation 73 (evidence and information) after paragraph (3) there shall be added the following paragraphs —
4
Where a claimant or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the appropriate authority so requires furnish the following information —
a
the name and address of the pension fund holder;
b
such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
5
Where the pension fund holder receives from an appropriate authority a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall provide the appropriate authority with any information to which paragraph (6) refers.
6
The information to which this paragraph refers is —
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of —
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available.
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
.
10
In regulation 95 (withholding of benefit) after the paragraph (7) there shall be added the following paragraph —
8
Any reference in paragraph (7) to a rent officer being denied entry to a dwelling, means a case where —
a
upon giving 7 days notice to the claimant or the landlord, as the case may be, of the need to obtain such entry; and
b
no good reason is shown why entry cannot be given,
the rent officer is unable to gain entry to the dwelling for the purpose of making a determination to which that paragraph refers,
.
11
In Schedule 2 (applicable amounts) in paragraph 12(1)(b)(i) for the words “is incapable of work” there shall be substituted the words “is, or is treated as, incapable of work”.
12
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
paragraph 12 shall be omitted;
b
in paragraph 52 —
i
after the words “Benefits Act”, there shall be inserted the words “or pension under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983”; and
ii
after the words “that Act” there shall be inserted the words “or the rate of that pension under that Order”.
13
In Schedule 5 (capital to be disregarded) —
a
for paragraph 6 there shall be substituted the following paragraph —
6
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies,
.
b
after paragraph 30 there shall be inserted the following paragraph —
30A
The value of any funds held under a personal pension scheme or retirement annuity contract.
;
c
in paragraph 31 at the end there shall be added the words “except where the claimant has a reversionary interest in the property in respect of which rent is due.”.
Amendment of the Income Support Regulations
6
1
The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “pay period” there shall be inserted the following definition —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
;
b
in the definition of “personal pension scheme” for the words “section 84(1) of the Act” there shall be substituted the words “section 1 of the Pension Schemes Act 1993”;
c
after the definition of “residential care home” there shall be inserted the following definition —
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
3
In regulation 38 (calculation of net profit of self-employed earners) paragraph (12) shall be omitted.
4
In regulation 42 (notional income) —
a
in paragraph (2) after sub-paragraph (f) there shall be inserted the following sub-paragraph —
g
a personal pension scheme or retirement annuity contract where the claimant is aged under 60,
;
b
after paragraph (2), there shall be inserted the following paragraphs —
2A
Where a person, aged not less than 60, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of a personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid; or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
2B
The amount of any income foregone in a case to which either head (2A)(a)(i) or (ii) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the adjudication officer who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987 .
2C
The amount of any income foregone in a case to which either head (2A)(a)(iii) or sub-paragraph (2A)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant personal pension scheme or retirement annuity contract been held under a personal pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (2B).
.
5
In regulation 51(2) (notional capital) after sub-paragraph (c) there shall be inserted the word “or” and the following sub-paragraph shall be added —
d
a personal pension scheme or retirement annuity contract,
.
6
In regulation 52 (capital jointly held) for the words from “to the whole beneficial interest” to the end of the regulation there shall be substituted the following words —
to an equal share of the whole beneficial interest therein; and the value of that equal share shall be calculated by taking the value of the whole beneficial interest calculated in accordance with the foregoing provisions of this Chapter, as though —
a
that interest is solely owned by the claimant; and
b
in the case of a dwelling, none of the other joint owners occupies the dwelling concerned,
and dividing the same by the number of persons who have a beneficial interest in the capital in question.
.
7
In Schedule 1 (persons not required to be available for employment) after paragraph 5(a) there shall be inserted the following sub-paragraph —
aa
is treated as incapable of work by virtue of regulations made under section 171D of the Contributions and Benefits Act 1992 (incapacity for work: persons to be treated as incapable or capable of work) ; or
.
8
In Schedule 2 (applicable amount) —
a
in paragraph 12(1)(b)(i) for the words “is incapable of word” there shall be substituted the words “is, or is treated as, incapable of work,”;
b
in paragraph 12(1)(b)(ii) after the words “or so incapable” there shall be inserted the words “, or has been treated as so incapable,”.
9
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 9, after the words “Schedule 4” there shall be inserted the words “or paragraph 13A of Schedule 7”;
b
paragraph 14 shall be omitted;
c
in paragraph 53 —
i
after the words “Benefits Act”, there shall be inserted the words “or pension under the Naval Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983”, and
ii
after the words “that Act” there shall be inserted the words “or the rate of that pension under that Order”.
10
In Schedule 10 (capital to be disregarded) —
a
for paragraph 5 there shall be substituted the following paragraph —
5
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted in subsisting lease or tenancy, including sub-leases or sub-tenancies,
;
b
after paragraph 23 there shall be inserted the following paragraph —
23A
The value of any funds held under a personal pension scheme or retirement annuity contract.
;
c
in paragraph 24 at the end there shall be added the words “except where the claimant has a reversionary interest in the property in respect of which rent is due.”.
Transitional provision with respect to the Housing Benefit Regulations
7
Where a determination of a rent assessment committee to which regulation 11(1A) of the Housing Benefit Regulations (restrictions on unreasonable payments) refers was made prior to the 2nd October 1995 and that paragraph applied to that determination, the eligible rent of any claimant to whom the paragraph applied shall, from 2nd October 1995 for a period of not more than 12 months, commencing with the date of that determination, not exceed the rent so determined.
Transitional provision with respect to the Income Support Regulations
8
1
In determining whether a claimant is entitled to income support on or after 2nd October 1995 and whether he satisfies the provisions either —
a
regulation 4(2)(c)(v) of the Income Support Regulations (temporary absence from Great Britain); or
b
paragraph 7 of Schedule 1 to those Regulations (disabled students not required to be available for work);
in a case where the claimant, for a period up to and including 12th April 1995, was continuously incapable of work for the purposes of paragraph 5 of Schedule 1 to the Income Support Regulations, as it was then in force, that period of incapacity shall be treated as forming part of a subsequent period of incapacity beginning not later than 7th June 1995 to which the provisions referred to in paragraphs (a) or (b) above refer and which is continuous to the date of the determination in question.
2
In regulation 19 of the Disability Working Allowance and Income Support (General) Amendment Regulations 1995 (transitional provisions with respect to the Income Support Regulations) —
a
in paragraph (5) for the words “that date” there shall be substituted the words “13th April 1995”;
b
after paragraph (5) there shall be added the following paragraph —
6
Where —
a
a determination of the amount of a person’s benefit has been made in a case to which paragraph (5) of this regulation, as originally made, had effect; and
b
an appeal to which regulation 8(2A) or 11(2A) of the Income Support Regulations (persons not required to be available or registered for employment) refers, remains outstanding on 2nd October 1995;
the amount of any benefit to which he is entitled shall continue to be determined under paragraph (5), as originally made, until the determination of the appeal.
.
Amendment of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1995
9
In regulation 19 of the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1995 (transitional provisions) —
a
after paragraph (1) the following new paragraph shall be inserted —
1A
Where, on 12th April 1995, the disability premium was applicable to a claimant and in the period from 13th April 1995 to 1st October 1995 paragraph (1) either did not apply or ceased to apply in his case, if —
a
for the period for which paragraph (1) did not apply or ceased to apply, the claimant was incapable of work or was treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Social Security Contributions and Benefits Act 1992 (the period of incapacity), and
b
any break in the period of incapacity did not exceed a period of 56 continuous days,
with effect from 2nd October 1995 for so long as he is incapable of work or is treated as incapable of work, the disability premium shall be applicable in his case.
;
b
in paragraph (2) for the words “Paragraph (1)” there shall be substituted the words “Paragraphs (1) and (1A)” and after the words “incapable of work” there shall be inserted the words “or ceases to be treated as incapable of work”.
Amendment of the Claims and Payments Regulations
10
1
The Claims and Payments Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “partner” there shall be inserted the following definitions —
“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;
“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 1993 in respect of employed earners and in the case of self-employed earners, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
“retirement annuity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
.
3
In regulation 7 (evidence and information) after paragraph (3) there shall be added the following paragraphs —
4
In the case of a person who is claiming disability working allowance, family credit or income support, where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information —
a
the name and address of pension fund holder;
b
such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
5
Where the pension fund holder receives from the Secretary of State a request for details concerning the personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (6) refers.
6
The information to which this paragraph refers is —
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of —
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
.
4
In regulation 32 (information to be given when obtaining payment of benefit) after paragraph (2) there shall be added the following paragraphs —
3
In the case of a person who is claiming income support, where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information —
a
the name and address of the pension fund holder;
b
such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
4
Where the pension fund holder receives from the Secretary of State a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (3) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (5) refers.
5
The information to which this paragraph refers is —
a
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
b
in the case of —
i
a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or
ii
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
.
Signed by authority of the Secretary of State for Social Security.
Andrew Mitchell
Department of Social Security
4th September 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Brent) Red Route (Clearway) Traffic Order 1995, and shall come into force on 15th December 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
“disabled persons”, “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 clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle.
General prohibition of stopping
3
1
Subject to the provisions of articles 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) 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) 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 passengers (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) 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 as may 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) 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) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Brent (Waiting and Loading Restriction) Order 1979 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Brent (Waiting and Loading Restriction) Order 1979 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
30th November 1995