text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1995 and shall come into force on 19th June 1995.
Interpretation
2
1
In this Order and in the Schedules hereto —
“ the Act ” means the Financial Services Act 1986;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ;
“approved securities market” means any market which is established under the rules of an investment exchange specified in Schedule 2 to this Order;
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 , but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“private company”, in relation to a body corporate which is a company within the meaning of the 1985 Act, means a private company within the meaning of section 1(3) of the 1985 Act and, in relation to a body corporate which is a company within the meaning of the 1986 Order, means a private company within the meaning of article 12(3) of the 1986 Order;
“relevant bearer security” means a relevant security title to which is capable of being transferred without notice of that fact being given to the body corporate issuing the security or any person acting on its behalf;
“relevant EEA market” means a market in an EEA State which is established under the rules of an investment exchange specified in Part I of Schedule 1 to this Order or which meets the criteria specified in Part II of that Schedule;
“relevant security” means shares and also means an investment falling within paragraph 2 of Schedule 1 to the Act and any investment falling within paragraph 4 or 5 of that Schedule which confers rights in respect of an investment falling within paragraph 1 or 2 of that Schedule; and
“shares” means any investment falling within paragraph 1 of Schedule 1 to the Act.
2
For the purposes of this Order, a relevant security falling within paragraph 4 or 5 of Schedule 1 to the Act shall be taken to have been issued by the person who issued the investment in respect of which the relevant security confers rights if it is issued by a body corporate in the same group as that person or by some other person acting on behalf of, or pursuant to arrangements made with, that person.
Investment advertisements issued by body coporate to member or creditors
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, the body corporate;
b
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, another body corporate which is not an open-ended investment company but which is in the same group as the first body corporate; and
c
persons who are entitled, whether conditionally or unconditionally, to become members of the body corporate or to have title to an investment of a kind mentioned in sub-paragraph (a) or (b) above issued by the body corporate transferred to them but who have not yet become a member of the body corporate or, as the case may be, acquired title to the investment
and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of a kind described in this paragraph issued or to be issued by the body corporate or by another body corporate which is not an open-ended investment company but which is in the same group as the first body corporate.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by an open-ended investment company if the circumstances are that the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 2, 4 or 6 of Schedule 1 to the Act issued by, the open-ended investment company; and
b
persons who are entitled, whether conditionally or unconditionally, to become members of the open-ended investment company or to have title to an investment of a kind mentioned in sub-paragraph (a) above issued by the company transferred to them but who have not yet become a member of the company or, as the case may be, acquired title to the investment,
and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of a kind described in this paragraph issued or to be issued by the open-ended investment company.
Investment advertisements relating to relevant securities
4
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement fulfils the conditions specified in paragraph (2) of this article and either —
a
relevant securities issued by the body corporate, or, in a case in which the body corporate is a wholly-owned subsidiary within the meaning of section 736 of the 1985 Act , by its holding company, are permitted to be traded or dealt in on a relevant EEA market or an approved securities market; or
b
the advertisement consists of or is accompanied by the whole or any part of the body corporate’s annual accounts or by the directors' report prepared and approved under sections 234 and 234A of the 1985 Act or the corresponding Northern Ireland enactment or consists of or is accompanied by any report prepared and approved under the law of another EEA State corresponding to the said sections 234 and 234A.
2
The conditions specified in this paragraph are that the advertisement —
a
does not contain any invitation or offer to persons to underwrite, subscribe for, otherwise acquire, or dispose of any investments or advise persons so to do;
b
does not contain any invitation or offer to persons to effect any transaction with, or to make use of any services provided by, the body corporate or any person named in the advertisement in the course of any activity falling within any of paragraphs 12 to 16 of Schedule 1 to the Act in which the body corporate or the relevant person engages;
c
does not contain any information calculated to lead directly or indirectly to persons doing any of the things mentioned in section 57(2) of the Act in relation to any investment which is not a relevant security issued by the body corporate or another body corporate in the same group; and
d
in a case in which the advertisement contains information about the price at which relevant securities issued by the body corporate have been bought or sold in the past or, except where the information is restricted to a statement as to earnings per share, dividend or nominal rate of interest payable, about the yield on such securities, it states prominently a warning that past performance cannot be relied upon as a guide to future performance.
3
For the purposes of paragraph (1)(b) of this article, “annual accounts” means any of the following, that is to say —
a
accounts produced by virtue of Part VII of the 1985 Act or the corresponding Northern Ireland enactment including accounts produced by virtue of Part VII or the corresponding Northern Ireland enactment as applied by virtue of any enactment;
b
a summary financial statement prepared under section 251 of the 1985 Act ;
c
accounts delivered to the registrar under Chapter II of Part XXIII of the 1985 Act ; and
d
accounts produced or published by virtue of the law of an EEA State other than the United Kingdom which correspond to accounts falling within sub-paragraph (a), (b) or (c) of this paragraph.
Investment advertisements relating to relevant bearer securities issued by body corporate
5
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement —
a
is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate;
b
contains no invitation to persons to enter into an investment agreement other than an invitation relating to relevant securities of a class which consists of or includes the relevant bearer securities or investments in respect of which the relevant bearer securities confer rights and which is capable of being accepted only by persons who are entitled to relevant securities issued by the body corporate or a related body corporate; and
c
contains no information relating to any investment which is not a relevant security issued by the body corporate or by a related body corporate.
2
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the circumstances are that the advertisement is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate and would not otherwise be regarded as an investment advertisement but for the inclusion of information which the authorities of a relevant EEA market or an approved securities market on which relevant securities of a class which consists of or includes the relevant bearer securities are traded or dealt in require or permit be made known to the holders of securities in that class.
3
In this article —
a
the expressions “holding company” and “subsidiary” have the same meanings as in section 736 of the 1985 Act ;
b
in relation to a body corporate, the expression “related body corporate” means a body corporate which is not an open-ended investment company but which is either the holding company of or a subsidiary of the first body corporate; and
c
relevant bearer securities may be regarded as being in the same class as relevant securities which are not relevant bearer securities.
Investment advertisements issued in connection with employees' share schemes
6
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate, a body corporate connected with it or a relevant trustee if the only reason why it would be subject to the provisions of section 57 of the Act is because it contains an invitation made or information given for the purpose of enabling or facilitating transactions in shares in or debentures of the first mentioned body corporate between or for the benefit of any of the persons mentioned in paragraph (2) of this article or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are —
a
the bona fide employees or former employees of the body corporate or of another body corporate in the same group; or
b
the wives, husbands, widows, widowers, or children (including, in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article —
a
the expressions “relevant trustee”, “shares” and “debentures” have the meanings ascribed to them in paragraph 20(3) and (4) of Schedule 1 to the Act taking the reference in paragraph 20(3) to sub-paragraph (1) of that paragraph to be a reference to paragraph (1) of this article;
b
a body corporate is to be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
c
a group shall be treated as including any body corporate in which any member of the group holds a qualifying interest within the meaning of paragraph 30 of Schedule 1 to the Act.
Groups
7
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by one body corporate in a group to another body corporate in the same group and for these purposes a group shall be treated as including any body corporate in which a member of the group holds a qualifying capital interest within the meaning of paragraph 30 of Schedule 1 to the Act.
Joint enterprises
8
1
For the purposes of this article “joint enterprise” has the meaning given in paragraph 31 of Schedule 1 to the Act and the expression “participator” shall be construed in accordance with that paragraph.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a participator or potential participator in a joint enterprise to another participator or potential participator in the same joint enterprise if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given in connection with, or for the purposes of, the joint enterprise.
Sale of goods and supply of services
9
1
For the purposes of this article —
a
the expressions “supplier” and “related sale or supply” shall be construed in accordance with paragraph 19 of Schedule 1 to the Act and the expression “customer” shall also be construed in accordance with that paragraph except that it shall be construed as excluding references to an individual; and
b
a group shall be treated as including any body corporate in which a member of the group holds a qualifying capital interest within the meaning of paragraph 30 of Schedule 1 to the Act.
2
Subject to paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a supplier or a body corporate in the same group as a supplier to a customer or a body corporate in the same group as a customer if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information of the kind described in section 57(2) of the Act which is made or given for the purposes of or in connection with the supplier selling or offering or agreeing to sell goods to the customer or supplying or offering or agreeing to supply him with services or is given for the purposes of or in connection with a related sale or supply provided that the supplier’s main business is to supply goods or services and not to engage in activities falling within Part II of Schedule 1 to the Act.
3
This article shall not apply to an advertisement which contains an invitation or information with respect to an investment falling within paragraph 6 or 10 of Schedule 1 to the Act or, so far as relevant to either of those paragraphs, paragraph 11 of that Schedule.
Overseas persons
10
1
in this article “overseas person” means a person who does not fall within section 1(3)(a) of the Act.
2
Subject to the provisions of paragraph (3) below, section 57 of the Act shall not apply to an investment advertisement which an overseas person issues or causes to be issued to another person if that other person is either —
a
a person with or for whom the overseas person has, in the course of carrying on investment business, effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the investment advertisement was issued; or
b
a person to whom the overseas person has, in the course of carrying on such business, given advice falling within paragraph 15 of Schedule 1 to the Act within that period.
3
The provisions of paragraph (2) above shall not apply unless either —
a
in a case within paragraph (2)(a) above, the transaction was effected or arranged at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
b
in a case within paragraph (2)(b) above, the advice was given outside the United Kingdom at a time when the other person was neither resident nor had a place of business in the United Kingdom; or
c
in either case, if the transaction was effected or arranged or the advice was given otherwise than in the circumstances described in sub-paragraph (a) or (b) of this paragraph, the overseas person had, on a previous occasion and in the course of carrying on investment business, effected or arranged for the effecting of a transaction with or for the other person in the circumstances described in sub-paragraph (a) of this paragraph or had given the other person advice falling within paragraph 15 of Schedule 1 to the Act in the circumstances described in sub-paragraph (b).
Advertisements issued to persons sufficiently expert to understand the risks involved
11
1
In this article “relevant person” means a person who is not an authorised person and who is not unlawfully carrying on investment business in the United Kingdom.
2
Subject to the provisions of paragraph (4) of this article, section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a relevant person if either —
a
in the case of an advertisement which takes the form of a document, the only persons, other than persons to whom the advertisement may otherwise lawfully be issued, to whom the relevant person issues or causes the advertisement to be issued are persons whom he reasonably believes to be persons of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the advertisement was issued to that person in that capacity; or
b
in any other case, the relevant person reasonably believes that the means by which the advertisement is issued is such that it will not generally be made available except to persons to whom the advertisement may otherwise lawfully be issued or who are of a kind described in paragraph (3) below and, in a case in which a person is described in paragraph (3) below as acting in a particular capacity, the relevant person intended the advertisement to be received by him in that capacity.
3
A person falls within this paragraph if he is either —
a
an authorised person; or
b
an exempted person; or
c
a person who is acting in the course of a business or employment which involves the dissemination of information concerning investments or activities of the kind described in Part II of Schedule 1 to the Act through newspapers, journals, magazines or other periodical publications or by way of sound broadcasting or television; or
d
a government, local authority or public authority within the meaning of Note 1 to paragraph 3 of Schedule 1 to the Act; or
e
a body corporate or an unincorporated association which either —
i
if it is a body corporate and has more than 20 members or is the subsidiary of a holding company which has more than 20 members, it, or any of its holding companies or subsidiaries, has a called up share capital or net assets of not less than £500,000; or
ii
if it is a body corporate other than one described in sub-paragraph (e)(i) above, it or any of its holding companies or subsidiaries has a called up share capital or net assets of not less than £5 million; or
iii
if it is an unincorporated association, it has net assets of not less than £5 million; or
f
a person who holds a permission granted under paragraph 23 of Schedule 1 to the Act; or
g
a person acting in his capacity as a director, officer or employee of a person of a kind described above in this paragraph being a person whose responsibilities, when acting in that capacity, involve him engaging in activities which fall within Part II of Schedule 1 to the Act or which would fall within that Part were it not for the provisions of Part III of that Schedule; or
h
any trustee of a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) is £10 million or more or has been £10 million or more at any time during the previous two years.
4
In paragraph (3) above, the expression “net assets” has the meaning assigned to it in section 264 of the 1985 Act.
Advertisements relating to matters of common interest
12
1
Subject to the provisions of paragraph (2) of this article, section 57 of the Act shall not apply to an investment advertisement which contains an invitation made or information given with respect to shares in or debentures of a private company if the advertisement —
a
states expressly that the only persons who may enter into or offer to enter into any agreement for or with a view to subscribing for shares in or debentures of the company on the basis of any invitation or information contained in the advertisement or any such agreement which might reasonably be expected to be entered into, directly or indirectly, as a result of the advertisement are within an identified group of persons who, at the time the advertisement was issued, might reasonably be regarded as having an existing and common interest with each other and with the company in the affairs of the company and in what is to be done with the proceeds of the offer; and
b
the advertisement complies with the requirements of Schedule 4 to this Order.
2
For the purposes of paragraph (1) above persons shall not be regarded as having an interest of the kind described in that paragraph if the only reason why they would be so regarded is because —
a
they will have such an interest if they become members or creditors of the company; or
b
they are persons all of whom carry on a particular trade or profession; or
c
they are persons with whom the company has an existing business relationship whether by reason of their being its clients, customers, contractors or suppliers or otherwise.
Advertisements by trustees or personal representatives
13
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person when acting as a trustee or a personal representative to —
a
a fellow trustee or personal representative if the advertisement is issued for the purposes of the trust or estate; or
b
a beneficiary under the trust, will or intestacy if the advertisement concerns his interest in the trust fund or estate.
Advertisements issued by operators of schemes recognised under section 87 or 88 of the Act
14
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a person who is not an authorised person but who is the operator of a scheme recognised under section 87 or 88 of the Act to persons in the United Kingdom who are participants in a scheme recognised under section 87 or 88 of the Act which is operated by the person by or to whose order the advertisement is issued if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information relating to that recognised scheme or to units in it.
Publications and programmes containing investment advice
15
Section 57 of the Act shall not apply to an investment advertisement if the only reason why section 57 would otherwise apply to the advertisement is that it contains an invitation or information of the kind described in section 57(2) of the Act relating —
a
to a newspaper, journal, magazine or other periodical publication which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25 of that Schedule; or
b
to a programme which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25A of that Schedule .
Advertisements by certain markets
16
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a market which is a relevant EEA market or is established under the rules of an investment exchange specified in Schedule 2 or 3 to this Order, if the only reason why section 57 would otherwise apply to the advertisement is that it contains information relating to the facilities provided by the relevant market.
2
For the purposes of paragraph (1) of this article, information which identifies a particular investment as one which may be traded or dealt in on a market or which identifies particular persons as persons through whom transactions on a market may be effected shall not be regarded as information relating to the facilities provided by the relevant market.
Management companies
17
Section 57 of the Act shall not apply to an investment advertisement if the only reason why that section would otherwise apply to the advertisement is that it contains an invitation or information relating to an investment falling within paragraph 1 of Schedule 1 to the Act issued or to be issued by a private company established for the purpose of managing the common parts or the fabric of property used for residential or business purposes or of supplying services to such property being an investment which is to be acquired in connection with the acquisition of an interest in the property in question.
Advertisements in respect of the Parliamentary Commissioner for Administration
18
Section 57 of the Act shall not apply in respect of any advertisement issued or caused to be issued by any person for the purpose of enabling any injustice stated by the Parliamentary Commissioner for Administration in a report under section 10 of the Parliamentary Commissioner Act 1967 to have occurred, to be remedied with respect to the person to whom the advertisement is issued.
Revocations
19
The Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1988 , the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1990 and the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1992 are hereby revoked.
Derek Conway
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 1995


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Derbyshire (City of Derby) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Derby” (except in references to the county of Derby) means the city of Derby and “the Derby Council” means the council of that city;
“Derbyshire” means the non-metropolitan county of Derbyshire and “the County Council” means the council of that county;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN DERBYSHIRE
Structural change
3
The functions of the County Council in relation to Derby shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Derby Council.
Derbyshire Police Authority
4
1
In this article, “the 1964 Act”means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Derby had ceased to form part of Derbyshire on that date; and
b
accordingly, the appointments which are required to be made to the Derbyshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the Derby Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Derby ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Derbyshire” in the right-hand column opposite the name of the Derbyshire police area the words “and the non-metropolitan district of Derby”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Derbyshire (as constituted on and after the reorganisation date) and Derby.
2
Derby shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Derbyshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Derbyshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Derbyshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Derby Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Derby Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
3
This article shall not apply to any plan relating to the area of the Peak District National Park , or to any proposals for the alteration or replacement of such a plan.
Constitution of new county of Derby
8
1
Derby shall cease to form part of Derbyshire.
2
A new county shall be constituted comprising the area of Derby and shall be named the county of Derby.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Derby.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
9
1
The City of Derby (Electoral Arrangements) Order 1978 shall be amended in accordance with the following paragraphs of this article.
2
The following shall be substituted for article 9 —
9
1
The whole number of councillors shall be elected at the ordinary day of elections of councillors in 1996.
2
The order of retirement of the councillors elected in 1996 shall be as set out in Schedule 2 to this Order.
3
Where the number of councillors elected in 1996 for any ward of the city is two, the first to retire in that ward shall be, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes.
4
Where the number of councillors elected in 1996 for any ward of the city is three —
a
one shall retire in 1998 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;
b
one shall retire in 1999 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2000.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in that year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
3
The following shall be substituted for Schedule 2 —
SCHEDULE 2
ORDER OF RETIREMENT OF COUNCILLORS
Article 9(2)
Name of ward Number of councillors to retire in 1998 Number of councillors to retire in 1999 Number of councillors to retire in 2000
Abbey 1 1 1 Allestree 1 1 0 Alvaston 1 1 0 Babington 1 1 1 Blagreaves 1 1 0 Boulton 1 1 0 Breadsall 1 1 0 Chaddesden 1 0 1 Chellaston 1 0 1 Darley 1 1 1 Derwent 1 0 1 Kingsway 1 0 1 Litchurch 1 0 1 Littleover 0 1 1 Mackworth 0 1 1 Mickleover 0 1 1 Normanton 0 1 1 Osmaston 0 1 1 Sinfin 0 1 1 Spondon 1 1 1.
.
Retirement of councillors and casual vacancies
10
1
The councillors holding office for any ward in the city immediately before the relevant date shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
2
The electoral divisions of Derbyshire comprised in Derby shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
3
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Derby Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (2) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


text:
Citation and commencement
1
This Order may be cited as the Welsh Highland Railway (Transfer) Light Railway Order 1995 and shall come into force on 15th March 1995.
Interpretation
2
In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them (that is to say): —
“ the Company ” means The Festiniog Railway Company;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport, 2 Marsham Street, London SW1P 3EB and at the registered office of the Holdings Company ;
“the Holdings Company” means Ffestiniog Railway Holdings Limited and whose registered office is at Harbour Station, Porthmadog, Gwynedd, LL49 9NF;
“ the Liquidator ” means the Liquidator of Welsh Highland Railway (Light Railway) Company (In Liquidation);
“the principal Order ” means the Welsh Highland Railway (Light Railway) Orders 1922 and 1923 ;
“the railway” means the railway authorised by the principal Order to be acquired by the Welsh Highland Railway (Light Railway) Company and described in the Schedule to this Order;
“ the Trust ” means The Festiniog Railway Trust, registered charity no. 239904;
“the undertaking” means the railway and other property, rights and liabilities of the subsisting undertaking of the Welsh Highland Railway (Light Railway) Company.
Transfer of railway to the Company
3
1
The Liquidator, The Trust, the Holdings Company and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the undertaking on such terms and conditions as may be agreed between the Liquidator, The Trust, the Holdings Company and the Company.
2
As from the date upon which such transfer takes effect the Company shall to the exclusion of the Welsh Highland Railway (Light Railway) Company and the Liquidator be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations whether statutory or otherwise for the time being in force in respect of the undertaking.
Application of principal Order
4
Subject to the provisions of this Order, as from the date upon which a transfer under article 3 of this Order takes effect the provisions of the principal Order shall apply to the railway with any necessary modification as if for references to the Welsh Highland Railway (Light Railway) Company there were substituted references to the Company.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
14th March 1995


text:
1
This Order may be cited as the Civil Aviation Authority (Borrowing Powers) Order 1995 and shall come into force forthwith.
2
The sum of £550 million is hereby specified for the purposes of section 10(6) of the Civil Aviation Act 1982, as the aggregate amount in respect of money borrowed and initial debt which shall not be exceeded.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
11th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1995 and shall come into force on 12th June 1995.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 4 (application of type approval requirements)
3
1
Regulation 4 shall be amended as follows.
2
In paragraph (2A), for the words “exhaust emissions from any vehicle,” onwards there shall be substituted the words “exhaust emissions from any vehicle (other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas), or to noise emissions from any vehicle.”.
3
In paragraph (4A), for “2D and 2F” there shall be substituted “2D, 2F, 2I, 4D(4) and 4E”.
4
In paragraph (14), after “2F,” there shall be inserted “2I, 4D(4), 4E,”.
Amendments to regulation 14 (forms of certificate)
4
1
Regulation 14 shall be amended as follows.
2
In paragraph (2), for “ IV ” there shall be substituted “V”.
3
In paragraph (3), for “Part I or II ,” there shall be substituted “Parts I, II or III ,”.
Amendments to Part I of Schedule 1
5
1
Part I of Schedule 1 shall be amended as follows.
2
In item 2I, in column 6, there shall be inserted “See regulation 4(14) and Schedule 1B”.
3
After item 2I there shall be inserted the item set out in Schedule 1 to these Regulations.
4
In items 4D(4) and 4E, in column 6, there shall be inserted “See regulation 4(14) and Schedule 1B”, opposite “1.10.1987” and “1.10.1993” in column 5.
Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)
6
1
Part I of Schedule 1B shall be amended as follows.
2
In paragraph 1A, after “2F,”, there shall be inserted “2I, 4D(4), 4E,”.
7
In Part II of Schedule 1B, after the entry relating to item 2F in Part I of Schedule 1, there shall be inserted the following entries: —
2I All vehicles 1.10.1993 31.12.1995 31.12.1996 4D(4) All vehicles 1.10.1987 30.9.1995 30.9.1996 4E All vehicles 1.10.1987 30.9.1995 30.9.1996.
Amendments to Schedule 2 (form of information document for a goods vehicle)
8
For Part I of Schedule 2, there shall be substituted the Part set out in Schedule 2 to these Regulations.
Amendments to Schedule 4 (forms of certificate)
9
1
Part III of Schedule 4 shall be amended as follows.
2
For the heading there shall be substituted the following heading —
(Form of Minister’s approval certificate for a goods vehicle, with a maximum gross weight not exceeding 3500 kg , of a type covered by a previous certificate).
10
In Schedule 4, after Part IV, there shall be added the Part set out in Schedule 3 to these Regulations.
Amendments to Schedule 5 (forms of certificate)
11
1
Part I of Schedule 5 shall be amended as follows.
2
For the heading there shall be substituted the following heading —
(Form of certificate of conformity for a goods vehicle with a maximum gross weight not exceeding 3500 kg).
12
In Schedule 5, after Part II, there shall be added the Part set out in Schedule 4 to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,Department of Transport
16th May 1995


text:
1
1
These Regulations may be cited as the Education (School Financial Statements) (Prescribed Particulars etc.) (Amendment) Regulations 1995.
2
These Regulations shall come into force on 31st March 1995.
2
Regulation 5(2) of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 shall be amended as follows —
a
by the insertion after “year” in sub–paragraph (c) of the words “(including the amount referred to in sub–paragraph (i) below)”;
b
by the insertion after “above” in sub–paragraph (d) of the words “or (i) below”;
c
by the insertion after “decrease” in sub–paragraph (e) of the words “(including the amount referred to in sub–paragraph (h) below)”; and
d
by the insertion after sub–paragraph (g) of the following sub–paragraphs —
h
in relation to a financial year beginning on or after 1st April 1995, the total amount of any reduction in the course of the financial year in the school’s budget share pursuant to section 262(4)(a) of the Education Act 1993 (reduction arising from the permanent exclusion of pupils); and
i
in relation to such a financial year, the total amount allocated in the course of the financial year for the purposes of the school pursuant to section 262(4)(b) of the Education Act 1993 (increased funding for the admission of pupils permanently excluded by other schools).
.
John Redwood
Secretary of State for Wales
28th February 1995


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1995 and shall come into force on 29th November 1995.
2
In paragraph 1(i) of article 3B of the Export of Goods (Control) Order 1994 , the words “Serbia or Montenegro” are revoked.
A. J. Mantle
An Assistant Secretary
Department of Trade and Industry
28th November 1995


text:
1
This Order may be cited as the Finance Act 1994, section 105, (Appointed Day) Order 1995.
2
The day appointed for the coming into force of subsections (3) and (4)(b) of section 105 of the Finance Act 1994 is 1st January 1996.
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 1995


text:
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) Regulations 1995 and shall come into force on 29th September 1995.
2
These Regulations apply only to fees relating to products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“abridged standard application” means an application for a marketing authorisation, other than a simple application, which, by virtue of regulation 4(8) of the 1994 Regulations , need not be accompanied by the results of tests and trials of the type specified in Article 5.10 of Directive 81/851/EEC because the applicant has demonstrated that he is entitled to the benefit of paragraph (a)(i), (ii) or (iii) of that Article;
“ the Act ” means the Medicines Act 1968 ;
“active ingredient” means the ingredient of a product in respect of which efficacy is claimed;
“application for assistance in connection with a mutual recognition application” means a request for the preparation of an assessment report of the type required by virtue of the second paragraph of Article 17.3 of Directive 81/851/EEC in order to make an application to another member State for mutual recognition of a marketing authorisation, or the updating of an existing assessment report for the purpose of enabling such an application to be made, and includes any assistance given of the type specified in Articles 18.2 and 18.3 of that Directive in connection with a subsequent application for mutual recognition in relation to which the assessment report or updated assessment report has been prepared;
“biological product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“complex application” means an application, other than a major application, for, or for a variation of, a marketing authorisation, product licence or animal test certificate where the application —
relates to a product which is intended to be used in accordance with an indication for use in respect of a different species of animal or as treatment for a new medicinal purpose;
relates to a product containing a new combination of active ingredients which have not previously been included in that combination in a product in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a product containing a new adjuvant or a new excipient;
relates to a product which is intended to be administered by a route of administration different from that used in the administration of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or a product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a sterile product the manufacture of which involves a method of sterilisation different from that used in the manufacture of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a product containing an active ingredient the manufacture of which involves a route of synthesis (or, in the case of a product not synthetically produced, a method of manufacture) different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
relates to a biological product containing an active ingredient, the manufacture of which involves a growth substrate different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence has previously been granted in the United kingdom;
relates to a product which is a controlled release preparation and a marketing authorisation or product licence for animal use (other than a product licence of right) for such a preparation constituting the same active ingredient as the product in question has not previously been granted in the United Kingdom;
relates to a sterile product the container of which is directly in contact with the product and is made from different material from the container of any product which contains the same ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom;
names as manufacturer of the active ingredient of the product in question a different manufacturer from the manufacturer of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously ben granted in the United Kingdom; or
relates to a biological product containing an active ingredient derived from a strain of micro-organism different from that used in the manufacture of the active ingredient of any product which contains the same active ingredient as the product in question and in respect of which a marketing authorisation or product licence has previously been granted in the United Kingdom;
“Directive 81/851/EEC” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC and as extended by Directive 90/677/EEC and widened by Directive 92/74/EEC ;
“Directive 90/677/EEC” means Council Directive 90/677/EEC extending the scope of Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products and laying down additional provisions for immunological veterinary medicinal products;
“Directive 92/74/EEC” means Council Directive 92/74/EEC widening the scope of Directive 81/851/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homeopathic veterinary medicinal products;
“emergency vaccines” means vaccines manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated in circumstances in which no other suitable authorised or licensed vaccines are readily available for such use;
“immunological Veterinary Medicinal Product” has the same meaning as in Directive 90/677/EEC;
“major application” means an application for a marketing authorisation or product licence in respect of a product containing a new active ingredient;
“marketing authorisation” means an authorisation to place on the market in the United Kingdom a Veterinary Medicinal Product but shall not include a marketing authorisation granted by the European Commission under Council Regulation (EEC) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“medicinal product” includes any substances or article specified in any Order made under —
section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or
section 130(3A) of the Act which provides that such substance or article shall be treated as a medicinal product,
and includes any substance or article to be administered in a medical test on animals under section 32(6)(c) of the Act;
“the Ministers” has the meaning given by regulation 1(4) of the 1994 Regulations;
“mutually recognised marketing authorisation” means a marketing authorisation which has been mutually recognised by another member State;
“new active ingredient” means —
an active ingredient that has not previously been included as an active ingredient in a product in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom; or
an active ingredient in a product derived from genetically engineered micro-organisms, recombinant DNA technology or monoclonal antibodies; or
in the case of a biological product, a vaccine of a particular micro-organism whether in a live or inactivated form, other than a vaccine of a particular micro-organism which is derived from a strain of micro-organism which is antigenetically similar to that used in the manufacture of the active ingredient of a product in respect of which a marketing authorisation or product licence (not being a product licence of right) has previously been granted in the United Kingdom;
“new excipient” means any ingredient of a product, other than an active ingredient, that has not previously been included in a product —
which is intended to be administered by the same route of administration as that product; and
in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted in the United Kingdom,
except that, in the case of a product intended to be administered orally, the expression does not include any ingredient specified in any enactment (including an enactment comprised in subordinate legislation) as an approved ingredient or additive —
in food or food products; or
in animal feedingstuffs where that product is intended for administration after being incorporated in the feedingstuff;
“previously” means previously by virtue of the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1994 as read, in the case of marketing authorisations, with regulation 15 of the 1994 Regulations;
“product” means —
a Veterinary Medicinal Product, where it is used solely in relation to an application for, or relating to, a marketing authorisation; and
a medicinal product where it is used solely in relation to any other application;
except that, where it is used in relation to both an application for, or relating to, a marketing authorisation and any other application, it shall mean both a Veterinary Medicinal Product and a medicinal product;
“reference member State” has the meaning given by Article 2.2 of Regulation (EC) No. 541/95 ;
“Regulation (EC) No. 541/95” means Commission Regulation ( EC ) No 541/95 concerning the examination of variations to the terms of a marketing authorisation granted by a competent authority of a Member State;
“the 1994 Regulations” means the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“relevant authority” insofar as it is used in relation to a marketing authorisation, or an application for, or relating to, such an authorisation, means the Ministers, and otherwise means the licensing authority;
“simple application” means an application for a marketing authorisation or product licence when the application —
is made by reference to an application for a particular product (“the existing product”) in respect of which a marketing authorisation or product licence for animal use (other than a product licence of right) has previously been granted;
is made by permission of the marketing authorisation or licence holder for the existing product;
relates to a product which is in all the following respects the same as the existing product —
the formulation is identical;
it is intended to be used in accordance with the same indications;
it is intended to be administered by the same route of administration;
the manufacturer named in the application is the same as the manufacturer of the existing product;
the method of manufacture is the same; and
in the case of a sterile product the method of sterilisation is the same and the container which is directly in contact with the product is made from the same material;
“standard application” means an application which is not a major, complex, abridged standard or simple application; and
“Veterinary Medicinal Product” means a veterinary medicinal product of the type specified in Article 1.2 of Directive 81/851/EEC and to which the provisions of that Directive apply.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Directive 81/851/EEC and Regulation (EC) No. 541/95.
3
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or the Schedule to these Regulations so numbered in these Regulations;
b
any reference in a regulation or a Schedule or Part of a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule or Part of a Schedule in which the reference occurs; and
c
any reference in a Schedule or Part of a Schedule to a lettered table is a reference to the table so lettered in the Schedule or Part of a Schedule in which the reference occurs.
4
Part 1 of Schedule 1 shall have effect for the purpose of the interpretation of Schedule 1.
Fees relating to applications for the grant of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
3
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for the grant of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesaler dealer’s licence or an animal test certificate the relevant fee prescribed in Part II of Schedule 1.
Fees relating to applications for assistance in connection with mutual recognition applications
4
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for assistance in connection with a mutual recognition application the relevant fee prescribed in Part III of Schedule 1.
Fees relating to applications for the variation of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences and animal test certificates
5
Subject to the following provisions of these Regulations, there shall be payable by the applicant in connection with an application for the variation of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesale dealer’s licence or an animal test certificate the relevant fee prescribed in Part IV of Schedule 1.
Applications relating to multiple variations
6
A separate fee shall be payable in respect of each variation of each provision of a marketing authorisation, licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same marketing authorisation, licence or certificate in the same application.
Variations at the invitation of the relevant authority
7
No fee shall be payable for a variation made at the express written invitation of the relevant authority.
Fees relating to applications for the renewal of marketing authorisations, product licences, manufacturer’s licences and animal test certificates
8
Subject to the following provisions of these Regulations, in connection with an application for the renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate there shall be payable by the applicant the relevant fee prescribed in Part V of Schedule 1.
Fees relating to applications for the renewal of marketing authorisations, product licences, manufacturer’s licences and animal test certificates in terms which are not identical to the existing marketing authorisation, licence or certificate
9
Where an applicant applies for renewal of a marketing authorisation, a product licence, a manufacturer’s licence or an animal test certificate so as to contain provisions which are not identical to that marketing authorisation, licence or certificate as in force at the date of that application, there shall be payable by the applicant the renewal fee plus the fee which would have been payable had a separate application been made for each variation.
Fees relating to site inspections
10
1
Subject to the following provisions of these Regulations, in respect of any inspection carried out in connection with an application for the grant, variation or renewal of a manufacturer’s licence there shall be payable by the applicant the relevant fee prescribed in Schedule 2.
2
Subject to paragraph (4), the holder of a manufacturer’s licence shall pay the relevant fee prescribed in Schedule 2 in respect of any inspection of a site relating to that licence (except for any inspection for which a fee is payable relating to the grant, variation or renewal of a licence).
3
Where a manufacturing site outside the European Union is specified, and the site is inspected, the fee prescribed in Schedule 2 shall be payable by the marketing authorisation or product licence holder; and if there is more than one marketing authorisation or product licence holder, a fee shall be payable by each marketing authorisation or product licence holder, which shall be the amount prescribed in Schedule 2 divided between the holders of the marketing authorisations or product licences, as the case may be, in proportion to the number of marketing authorisations or product licences held.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the relevant authority as the result of that previous inspection, have been implemented.
Marketing authorisations and product licences: annual fees
11
1
The holder of any marketing authorisation or product licence shall pay an annual fee calculated in accordance with Schedules 3 and 4 in respect of each calendar year in which he has sold, supplied or manufactured any product to which the marketing authorisation or product licence relates.
2
All annual fees shall be payable during October of the year following the calendar year to which they relate.
Manufacturer’s licences: annual fees
12
The holder of a manufacturer’s licence, other than one specified in paragraph 7(2) of Part II of Schedule 1, shall pay an annual fee of £205 (previously £200) payable on each anniversary of the grant of the licence.
Wholesale dealer’s licences: annual fees
13
1
The holder of a wholesale dealer’s licence, other than one specified in paragraph (2), shall pay an annual fee of £415 (previously £400) payable on each anniversary of the grant of the licence.
2
In the case of the holder of a wholesale dealer’s licence who has a turnover in products —
a
of less than £40,000; or
b
of less than 15% of his total turnover,
the annual fee for such a licence, if it is accompanied (in either case) by a declaration certifying the low turnover, shall be £205 (previously £200) and shall be payable on each anniversary of the grant of the licence.
3
For the purposes of this regulation, “turnover” means the gross value of all authorised or licensed products sold by way of wholesale dealing by the licence holder in the United Kingdom during the previous calendar year.
Marketing authorisations, product licences and animal test certificates: fees for references to the Veterinary Products Committee or to the Medicines Commission
14
In respect of any reference to the Veterinary Products Committee or to the Medicines Commission —
a
under section 21 of the Act in connection with a product licence or an animal test certificate; or
b
under regulation 12 of the 1994 Regulations in connection with a marketing authorisation,
there shall be payable by the applicant at the time of the application the relevant fee prescribed in Schedule 5.
Payment of fees to the Minister
15
Fees under these Regulations shall be payable to the Minister of Agriculture, Fisheries and Food.
Time for payment of fees in connection with applications or inspections and refunds of such fees
16
1
All fees payable under these Regulations in connection with any application (other than fees for inspections) shall be payable at the time of that application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the marketing authorisation, licence or certificate concerned, within 28 days of a request for a refund; or
b
a higher fee was properly payable, the balance due shall be payable within 28 days following written notice from the relevant authority to the applicant or, as the case may be, the holder of the marketing authorisation, licence or certificate concerned.
3
All fees for inspections made either in connection with an application or during the currency of a marketing authorisation or licence shall become payable within 28 days following written notice from the relevant authority.
Late payment of annual fees
17
1
Where the annual fee for a marketing authorisation or product licence has not been paid by the end of the period of three months from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 5 per cent of the annual fee payable, in respect of every full calendar month during which the annual fee is not paid, rounded up to the nearest £10.
3
Where the holder or former holder of a marketing authorisation or product licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 3 so that the annual fee payable cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a marketing authorisation or product licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if, in paragraph (2) above, the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation —
a
“due date” means the date upon which an annual fee became payable following written notice from the relevant authority; and
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of licences and certificates
18
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the relevant authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the relevant authority may allow, the said sum remains unpaid, the relevant authority may forthwith suspend the licence or certificate until such sum has been paid.
Waiver, reduction or refund of fees
19
The relevant authority may waive payment of any fee, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 6.
Revocation and savings
20
1
Subject to paragraph (2), the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1994 are hereby revoked.
2
Paragraph (1) shall not affect —
a
any notice given or any suspension made under those Regulations and any such notice or suspension shall have effect as if given or made under these Regulations; and
b
any proceedings instituted under those Regulations.
Transitional provisions
21
1
Subject to paragraphs (2), (3) and (4), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application to renew a marketing authorisation, licence or certificate is made before the date these Regulations come into force, and the authorisation, licence or certificate is due to expire on or after that date the fee shall be that payable under these Regulations, and the balance due shall be payable within 28 days following written notice from the relevant authority.
4
Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 1994.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State for Health
5th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
24th August 1995
Lindsay
Parliamentary Under Secretary of State, Scottish office
23rd August 1995
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st August 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland
F. A. Elliott
Permanent Secretary
25th August 1995.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
J. Murray
Permanent Secretary
7th September 1995
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverley National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 29th March 1995.
2
In this Order —
“the Authority” means the North Worcestershire Health Authority;
“the Trust” means the Wolverley 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 February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th 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
7th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 1995 and shall come into force on 1st November 1995.
Insertion of regulation 7C in the Social Security (Credits) Regulations 1975
2
In the Social Security (Credits) Regulations 1975 , after regulation 7B (credits for disability working allowance) there is inserted the following regulation —
Credits for family credit
7C
1
For the purposes of entitlement to a Category A or a Category B retirement pension, a widowed mother’s allowance or a widow’s pension by virtue of a person’s earnings or contributions, where family credit is paid for any week in respect of —
a
an employed earner; or
b
a self-employed earner who is excepted from liability to pay Class 2 contributions by virtue of his earnings being less than or being treated by regulations as less than the amount specified in section 11(4) of the Contributions and Benefits Act (exception from liability for Class 2 contributions on account of small earnings) ,
that person shall, subject to paragraphs (4) and (5), be credited with earnings equal to the lower earnings limit then in force in respect of that week.
2
The reference in paragraph (1) to the person in respect of whom family credit is paid —
a
where it is paid to one of a married or unmarried couple, is a reference to the member of that couple specified in paragraph (3); and
b
in any other case, is a reference to the person to whom it is paid.
3
The member of a married or unmarried couple specified for the purposes of paragraph (2)(a) is —
a
where only one member is assessed for the purposes of the award of family credit as having income consisting of earnings, that member;
b
where both members are so assessed, the member with the higher earnings; or
c
where the earnings of each member are assessed as equal, the member to whom family credit is paid.
4
Paragraph (1) shall not apply —
a
to a person in respect of any week where he is entitled to be credited with earnings under regulation 9 in respect of the same week; or
b
to a woman in respect of any week in any part of which she is a married woman in respect of whom an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act has effect.
5
Paragraph (1) only applies to a person if the date on which he attains or is due to attain pensionable age falls after 5th April 1999 and, in relation to such persons, has effect in respect of any week falling wholly or partly within the 1995-96 and subsequent tax years.
6
In this regulation “married couple” and “unmarried couple” have the same meaning as in Part VII of the Contributions and Benefits Act.
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
2nd October 1995


text:
1
This Order may be cited as the Finance Act 1995, section 24, (Appointed Day) Order 1995.
2
The day appointed as the day on which section 32 of the Value Added Tax Act 1994 shall cease to have effect is 1st June 1995.
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
Leonard Harris
Commissioner of Customs and Excise
25th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Companies Act 1989 Part II (Consequential Amendments) Regulations 1995 and shall come into force on 23rd May 1995.
Consequential amendments
2
In section 717 of the Companies Act 1985 (limited partnerships: limit on number of members), in subsection (1)(b) the words “section 25” are substituted for the words “section 5”.
3
In section 184 of the Income and Corporation Taxes Act 1988 (independent accountants), subsection (6) is repealed.
4
In the Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991 , sub-paragraph (2) of paragraph 21 of the Schedule is revoked.
Jonathan Evans
Parliamentary Under Secretary of State for Corporate Affairs
Department of Trade and Industry
27th April 1995