type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.
Amendment
2
1
The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 shall be amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) the definition of “managed woodland” shall be revoked.
3
In article 6 (rates of payment under agreement) —
a
in paragraph (2) —
i
for “£210” there shall be substituted “£240”,
ii
the words “or Schedule 3” shall be revoked, and
iii
the phrase beginning after the second comma shall be revoked; and
b
in paragraph (3), for “£15,000” there shall be substituted “£20,000”.
4
Schedule 3 is revoked.
Saving
3
1
Paragraphs (2), (3)(a)(ii) and (iii) and (4) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.
2
Paragraph (3)(a)(i) and (b) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1996.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th March 1996
We consent,
Simon Burns
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Medical (Professional Performance) Act 1995 (Commencement No. 2) Order 1996.
2
In this Order —
a
“ the Act ” means the Medical (Professional Performance) Act 1995;
b
“the 1983 Act ” means the Medical Act 1983 ; and
c
“the GMC ” means the General Medical Council .
Appointed Days
2
1
1st September 1996 is the day appointed for the coming into force of the following provisions of the Act —
a
section 7(2) (extent), so far as it relates to the provisions of the Act referred to in sub-paragraph (b);
b
in the Schedule (supplementary and consequential amendments of the 1983 Act), paragraph 1 so far as it relates to paragraph 14, and paragraph 14; and section 4 so far as it relates to those paragraphs.
2
1st September 1996 is the day appointed for the coming into force of the following provisions of the Act, for the purpose of enabling the GMC in accordance with rules to determine the membership of its statutory committees as from 1st January 1997 —
a
section 7(2) (extent), so far as it relates to the provisions of the Act referred to in sub-paragraph (b);
b
in the Schedule (supplementary and consequential amendments of the 1983 Act), paragraph 1 so far as it relates to paragraph 12, and paragraph 12; and section 4 so far as it relates to those paragraphs.
3
1st January 1997 is the day appointed for the coming into force of the following provisions of the Act —
a
section 7(2) (extent), so far as it relates to the provisions of the Act referred to in sub-paragraph (b);
b
in the Schedule (supplementary and consequential amendments of the 1983 Act), paragraph 1 so far as it relates to the other provisions of the Schedule brought into force by this sub-paragraph, paragraph 2, paragraph 12 so far as not already in force, and paragraph 13; and section 4 so far as it relates to those paragraphs.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as The M66 Motorway (Bury Easterly Bypass Northern Section) (Junction 2 Southbound Off-Slip) (Detrunking) Order 1996 and shall come into force on 13th September 1996.
2
In this Order —
(1) “classified road” as a classification for a highway means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads. (2) “the trunk road” means the M66 Junction 2 Southbound off-slip road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K A Lasbury
Director Northern Network Management Division Highways Agency
16th August 1996


text:
1
This Order may be cited as the Value Added Tax Act 1994 (Interest on Tax) (Prescribed Rate) Order 1996 and shall come into force on 6th February 1996.
2
For the purposes of section 74 of the Value Added Tax Act 1994 the prescribed rate shall be 6.25 per cent. per annum.
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
31st January 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Mental Healthcare National Health Service Trust (Transfer of Trust Property) Order 1996 and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Oxfordshire Mental Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
8th July 1996


text:
1
1
This Order may be cited as the A41 Trunk Road (Leavesden Slip Road) Order 1996 and shall come into force on 3rd January 1997.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order (the highway along that route being in this Order referred to as “the new slip road”), shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new slip road is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new slip road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new slip road is opened for traffic.
5
In this Order: —
1
“the deposited plan” means the plan numbered SNPR96/5, marked “The A41 Trunk Road (Leavesden Slip Road) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR; and
2
“the trunk road” means the A41 Trunk Road.
Signed by authority of the Secretary of State for Transport
A D Rowland
Director Southern Network Management Division Highways Agency
28th November 1996


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 1995 (Commencement No. 8) Order 1996.
2
In this Order references to sections and Schedules are references to sections of, and Schedules to, the Pensions Act 1995.
Appointed days
2
The day appointed for the coming into force of sections 118 and 125(2) to (4) in so far as they are not already in force is 16th October 1996.
3
For the purposes of making regulations the day appointed for the coming into force of the following provisions is 16th October 1996 —
a
section 3(2),
b
section 74(1) and (5)(a),
c
section 165,
d
Schedule 3, paragraphs 23 and 44(a)(ii) and section 122 in so far as it relates to those paragraphs, and
e
Schedule 5, paragraph 80(f) and section 151 in so far as it relates to that paragraph.
4
For the purposes of making rules the day appointed for the coming into force of section 158 is 16th October 1996.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
15th October 1996


text:
Citation and commencement
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Establishment) (Amendment) Order 1996 and shall come into force on 5th September 1996.
Amendment of NHS Trust Establishment Order
2
In the South and East Wales Ambulance National Health Service Trust (Establishment) Order 1992 , for article 4 there shall be substituted —
4
The trust shall have, in addition to the chairman, four non-executive directors and four executive directors.
.
William Hague
Secretary of State for Wales
22nd August 1996


text:
PART I
Preliminary
Citation and commencement
1
1
This Order may be cited as the Whitehaven Harbour Revision Order 1996 and shall come into force on 8th July 1996.
2
The Whitehaven Town and Harbour Acts and Orders 1708 to 1991 and this Order may be cited together as the Whitehaven Town and Harbour Acts and Orders 1708 to 1996.
Interpretation
2
In this Order unless the context otherwise requires —
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“ authorised works ” means Work Nos. 1 to 10 and any other works authorised by this Order, or any part of such works;
“ the Commissioners ” means the Whitehaven Harbour Commissioners;
“the Custom House Dock ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections prepared in duplicate, signed by an Assistant Secretary in the Department of Transport and marked “Plans and sections referred to in the Whitehaven Harbour Revision Order 1996” one copy of which is deposited at the offices of the Department of Transport and the other at the offices of the Commissioners;
“general direction” means a direction authorised by article 24 (General directions to vessels) below;
“the harbour” means the port, harbour and docks of Whitehaven and all docks, quays, piers, wharves, buildings, land, property, houses, offices, sheds, buoys and moorings connected therewith, and any addition to or improvement in the harbour made from time to time by the Commissioners;
“the harbour master ” means the harbour master of the Commissioners and includes his authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;
“the Inner Harbour ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“the level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plans;
“the North Harbour ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“the Old North Wall ”, “the North Wall ” and “the Old Quay ” mean respectively the walls and quay known as such and shown and referred to as such on the deposited plans;
“the Outer Harbour ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“the Queens Dock ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“ reference point ” means Ordnance Survey National Grid reference point;
“the South Harbour ” is the part of the harbour known as such and shown and referred to as such on the deposited plans;
“special direction” means a direction authorised by article 26 (Special directions to vessels) below or by section 52 of the Act of 1847;
“ tidal works ” means so much of any work authorised by this Order as is on, under or over tidal waters;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaking ” means the undertaking for the time being of the Commissioners; and
“ vessel ” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for purpose of levying rates, a seaplane on or in the water.
PART II
Works
Power to construct, etc. , works
3
1
Subject to the provisions of this Order, the Commissioners may, in the lines and situations and within the limits of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described with all necessary works and conveniences connected therewith —
Work No. 1
A lock structure, enclosing a basin of width 13.7 metres and length 30 metres, having an overall length of 53 metres, an overall width of 35 metres, bounded on both sides by retaining walls and enclosed at both ends by gates having a width of 13.7 metres, extending from the Old North Wall to Work No. 2 and incorporating a two-storey control room.
Work No. 2
An extension of the Old Quay commencing in a north north easterly direction for a distance of 14 metres terminating at Work No. 1 and having an overall width of 10 metres.
Work No. 3
The construction of openwork fendering, commencing at the south south west retaining wall of Work No. 1 and extending in a west north westerly direction for a distance of 50 metres and there terminating.
Work No. 4
The construction of toe protection to the North Wall in rock and geotextile fabric, commencing at reference point NX 297204518603, 180 metres north east from the commencement of Work No. 1 and extending in a westerly direction for a distance of 111 metres to reference point NX 297096518625 and there terminating.
Work No. 5
The construction of toe protection to the Old North Wall in rock and geotextile fabric, commencing at Work No. 1 at reference point NX 297083518513, 32 metres east north east from the commencement of Work No. 1 and extending for a distance of 117 metres to reference point NX 297076518613 and there terminating.
Work No. 6
Piled moorings together with a pontoon system to be constructed or placed in the Inner Harbour commencing with a bridge connection at reference point NX 297222518262 and extending in a north westerly direction for a distance of 175 metres to reference point NX 297088518373 and there terminating.
Work No. 7
Piled moorings together with a pontoon system to be constructed or placed in the Custom House Dock commencing with a bridge connection at reference point NX 297148518212 and extending in a north westerly direction for a distance of 90 metres to reference point NX 297096518285 and there terminating.
Work No. 8
Piled moorings together with a pontoon system to be constructed or placed in the South Harbour commencing with a bridge connection at reference point NX 297060518160 and extending in a north westerly direction for a distance of 110 metres to reference point NX 297022518263 and there terminating.
Work No. 9
Piled moorings together with a pontoon system to be constructed or placed in Queens Dock commencing with a bridge connection at reference point NX 297269518386 and extending in a north north easterly direction for a distance of 50 metres to reference point NX 297391518425 and there terminating.
Work No. 10
The construction of toe protection to the Old Quay in rock and geotextile fabric commencing at reference point NX 297074518448, 63 metres south south east from the commencement of Work No. 1 and extending for a distance of 49 metres to reference point NX 297076518613 and there terminating.
2
The Commissioners may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works.
Power to make subsidiary and accommodation works
4
Subject to the provisions of this Order, the Commissioners may from time to time construct and maintain —
a
within the limits of deviation all such works, conveniences, appliances and apparatus as they from time to time deem necessary or expedient for the purposes of or in connection with or incidental to the construction, maintenance and use of the works authorised by article 3; and
b
within the harbour such works for the accommodation or convenience of vessels as they think fit, including, without prejudice to the generality of the foregoing, pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buoys, bollards, navigation marks and lights.
Power to deviate
5
In constructing the works authorised by article 3 the Commissioners may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding two metres upwards and to such extent downwards as may be found necessary or convenient.
Strengthening of sea wall
6
The Commissioners may undertake works including grouting for the strengthening of the sea walls shown on the deposited plans and there referred to as the Old Quay, the North Wall and the Old North Wall respectively.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Commissioners in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the Commissioners as a debt any expenses incurred by them in making good any damage resulting from such obstructions, moving or removal.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Commissioners at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Commissioners they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.
Provision against danger to navigation
9
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Commissioners shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse the Commissioners fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Commissioners at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interefere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Commissioners, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commissioners.
Survey of tidal works
11
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Commissioners.
Permanent lights on tidal works
12
1
After the completion of a tidal work the Commissioners shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
13
1
The Commissioners shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Commissioners fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Commissioners to prove that all due diligence was used to secure compliance with the direction.
PART III
Further powers as to management and regulation of harbour
General powers of Commissioners in respect of harbour
14
1
Without prejudice to any power conferred on them by the provisions of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, the Commissioners may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary for the improvement, maintenance and management of the harbour and the facilities (including recreational facilities) afforded therein or in connection therewith.
2
For those purposes, and without prejudice to the generality of the foregoing, the Commissioners may —
a
improve, maintain, regulate, manage, mark and light the harbour;
b
do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.
Operation of lock
15
The Commissioners shall shut the lock gates forming part of Work No. 1 at any time —
a
where it appears to them to be necessary to do so to prevent or alleviate flooding or to meet any other emergency; or
b
if requested to do so by the Environment Agency for a purpose mentioned in paragraph (a) above.
Restriction of Inner Harbour, Custom House Dock and South Harbour to pleasure craft and certain other vessels
16
1
Notwithstanding section 33 of the Act of 1847 (Harbour, dock and pier to be free to the public on payment of rates) as incorporated by any provision of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, but subject to the provisions of this Order, the waters of the Inner Harbour (except so far as being used for access between the Outer Harbour and North Harbour and Queens Dock), Custom House Dock and South Harbour shall be for the exclusive use of vessels falling within paragraph (2) below and accordingly the Commissioners shall not permit any other vessel to use those waters.
2
Each of the following vessels fall within this paragraph —
a
a pleasure craft;
b
a vessel for the carriage of not more than 100 passengers where that vessel is used for berthing, landing or embarking passengers;
c
a vessel which is, for the time being, used for or in connection with sea fishing for recreation;
d
a vessel for the time being employed for the purposes of any of the functions of the Commissioners;
e
a vessel for the time being employed in the supply of goods for use or for sale at premises situated on lands adjacent to the harbour;
f
a vessel for the time being employed in connection with the provision of services at the harbour or on lands adjacent thereto;
g
a lifeboat or a vessel used by the coastguard service, Trinity House or the Ministry of Defence;
h
a vessel for the time being used for the purposes of the Cumbria Sea Fisheries Committee.
3
In paragraph (2) above “pleasure craft” means any vessel of not more than 100 tons gross used wholly or mainly for recreation and not for the carriage of passengers or goods for reward.
4
For the purposes of this article, the tonnage of a vessel shall —
a
in the case of a vessel having a tonnage figure recorded in its certificate of registry, be taken to be that figure; and
b
in the case of any other vessel, be calculated in accordance with the provisions of Appendix 5 to Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982 .
5
Nothing in this article shall prevent fishing vessels from using the waters of Custom House Dock and South Harbour until the completion of a new integrated fishing facility to be constructed on harbour land to the north of North Harbour and Queen’s Dock.
Exclusion of certain commercial vessels from the waters of the harbour
17
1
Notwithstanding section 33 of the Act of 1847 (Harbour, dock and pier to be free to the public on payment of rates) as incorporated by any provision of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, and without prejudice to the provisions of article 16 above, the Commissioners shall not permit any vessel carrying a cargo specified in paragraph (2) below to use the waters of the harbour.
2
The cargoes referred to in paragraph (1) above are —
a
unpackaged scrap metal;
b
aggregates or fine powders;
c
corrosive or volatile chemicals;
d
radioactive material other than radio isotopes or other material used solely for the purposes of scientific research;
e
bulk minerals;
f
toxic waste;
g
animal slurry.
Power to appropriate part of harbour
18
1
Without prejudice to articles 16 and 17 above, the Commissioners may from time to time set apart and appropriate any part of the harbour for the exclusive or preferential use and accommodation of any trade, person, vessel or goods or any class of trader, vessel or goods, subject to the payment of such charges and to such terms, conditions and regulations as the Commissioners may think fit.
2
No person or vessel shall make use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Commissioners, and —
a
the harbour master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 of the Act of 1847 (powers of harbour master as to mooring of vessels in harbour) shall extend and apply with the necessary modifications to any such vessel.
Power to provide, etc., vessels, equipment, etc.
19
The Commissioners may provide, purchase, take on lease, hire and use such vessels (including dredgers, tugs, hoppers or barges), vehicles, plant, machinery, apparatus or equipment (including dredging appliances or apparatus) as they may think necessary for the carrying on of the undertaking or otherwise effecting the purposes of this Order and may let the same on hire (with or without the services of their employees) for such sums and upon and subject to such terms and conditions as they may think fit or may sell or otherwise dispose of the same where vested in them.
Life-saving craft and appliances
20
1
Without prejudice to any duty or power imposed or conferred on them by any other statutory provision, for the purpose of saving life the Commissioners may provide and maintain in or in the vicinity of the harbour —
a
boats or other vessels together with all necessary apparatus and equipment and buildings, structures, slipways and moorings for the operation or maintenance or accommodation of the same;
b
lifebuoys, lifelines and other life-saving appliances together with structures for the storage and safe keeping of such appliances.
2
The Commissioners may enter into arrangements with any person for the provision and maintenance of any of the facilities authorised by paragraph (1) above.
Power to arrange exhibitions, regattas, etc.
21
The Commissioners and any person authorised by them may hold exhibitions, shows, regattas, competitions, contests and other entertainments in or in connection with the harbour.
Parking places
22
The Commissioners may provide facilities within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Byelaws as to harbour
23
1
In addition to the byelaws which may be made by the Commissioners under section 83 of the Act of 1847 or any enactment contained in the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, the Commissioners may make byelaws for the good rule and government of the harbour and, without prejudice to the generality of the foregoing, for all or any of the following purposes: —
a
for regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities provided by the Commissioners;
b
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
c
for regulating, preventing or licensing the conduct of all persons in vessels or otherwise in the harbour, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties as such;
d
for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specification of moorings in the harbour;
e
for preventing or removing obstructions or impediments within the harbour;
f
for regulating the launching of vessels within the harbour;
g
for regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbour;
h
for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Commissioners consider involves a risk of fire and for the prevention of smoking;
i
for regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse) and sewage from vessels in the harbour;
j
for the prevention of the disposal of such rubbish and sewage as aforesaid in the harbour;
k
for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
l
for requiring the use of effectual silencers and the general control of noise on vessels in the harbour;
m
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
n
for regulating the embarkation of persons into, or their disembarkation from, vessels within the harbour;
o
for regulating the holding of regattas and other public events in the harbour;
p
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by devices used for marking obstructions within the harbour;
iii
for assisting the navigation of vessels within the harbour, at the entrance to any dock or at any wharf, pier or other work;
q
for the prevention of nuisances in the harbour;
r
for preventing or regulating the discharge by land or sea of any material or thing within the harbour or the approaches thereto;
s
for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;
t
for regulating or preventing aquaplaning, water skiing or diving or other underwater activities in the harbour;
u
for regulating or preventing bathing, and for securing the protection of bathers, within the harbour;
v
for regulating or preventing the use by vehicles of the foreshore within the harbour;
w
for regulating the use of ferries within the harbour; and
x
for regulating the exercise of the powers vested in the harbour master.
2
In this article “signals” includes sound signals.
3
Byelaws made under this article or any other enactment may be expressed to be applicable within all or any part of the harbour and different byelaws may be so made in relation to different classes of vessels.
4
The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972 shall apply to all byelaws made by the Commissioners under this article or any other enactment.
5
In its application to byelaws made by the Commissioners under this article or any other enactment subsection (7) of the said section 236 shall, subject to paragraph (6) below, be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
6
Where the confirming authority proposes to make a modification which appears to him to be substantial, then —
a
he shall inform the Commissioners and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and
b
he shall not confirm the byelaws until there has elapsed such a period as he thinks reasonable for the Commissioners and other persons who have been informed of the proposed modification to consider and comment on it.
7
The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made by the Commissioners shall be the Secretary of State.
8
Byelaws made by the Commissioners under this article or any other enactment may contain provisions imposing upon a person offending against any byelaw a fine on summary conviction not exceeding level 3 on the standard scale.
9
In proceedings for an offence against byelaws made by the Commissioners under this article or any other enactment, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
10
Section 14 of the Whitehaven Harbour Act 1962 and section 6 of the Whitehaven Harbour Act 1981 (which are replaced by this article) are hereby repealed.
General directions to vessels
24
1
The Commissioners may, after consultation with the Chamber of Shipping in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes —
a
for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) above may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
3
The Commissioners may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.
Publication of general directions
25
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate.
Special directions to vessels
26
1
In addition to the directions which he may give under section 52 of the Act of 1847 the harbour master may give a direction under this article requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
27
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
28
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
29
1
Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel.
Power to give directions as to loading or unloading of certain goods
30
1
Subject to articles 16 and 17 above and without prejudice to article 18 above, the Commissioners may designate any part of the harbour for the loading and unloading of any goods to which this article applies.
2
Where pursuant to paragraph (1) above the Commissioners have designated a place for the loading or unloading of goods of any description the harbour master may direct that goods of that description, intended to be loaded onto or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated; and, if any person disobeys any such direction, the Commissioners may remove the goods to the place so designated, and any expense incurred by them in so doing shall be recoverable from that person.
3
The goods to which this article applies are goods in bulk and goods the nature or character of which is such as, in the opinion of the Commissioners, to give rise to special risk of contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling but not including fish or fishing tackle.
Power to deal with unserviceable vessels
31
1
In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Commissioners by any other enactment, the Commissioners may remove, sell, destroy or otherwise dispose of any vessel laid by or neglected as unserviceable in, or on land adjoining, the waters of the harbour or the approaches thereto.
2
The Commissioners may retain out of the proceeds of sale of any such vessel, or any part thereof, any expenses incurred by them in respect of the vessel or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbour master under section 57 of the Act of 1847, and shall pay the surplus, if any, to the person entitled thereto.
3
If the proceeds of sale are insufficient to reimburse the Commissioners for the said expenses, or there is no sale, the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner.
4
Except in a case of emergency, the Commissioners shall, before exercising their powers under this article, give seven clear days' notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of three successive weeks in a local newspaper; and if before the notice expires the Commissioners receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, the Commissioners shall not exercise the powers of this article in relation to that vessel until the expiration of 7 days beginning with the date of the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation or business at the harbour which may be given to him by the harbour master.
5
If the owner or his place of business or abode is not known to the Commissioners or is outside the United Kingdom, the notice mentioned in paragraph (4) above may be given by displaying it at the office of the Commissioners for the period of its duration.
Removal of obstructions other than vessels
32
1
The Commissioners may remove anything, other than a vessel, in, or on land adjoining, the waters of the harbour or the approaches thereto —
a
which is causing, or likely to cause, an obstruction to, or interference with, navigation;
b
which is causing, or likely to cause, interference with the operation of any works of the Commissioners, or damage to any such works or to any property; or
c
which is in the harbour without lawful authority;
and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction, interference or damage.
2
Where the Commissioners —
a
remove anything under paragraph (1) above; and
b
can readily identify its owner or a person whom they reasonably believe to be its owner;
the Commissioners shall, within 28 days of its coming into their custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Commissioners possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Commissioners.
3
The Commissioners may, at such time and in such manner as they think fit —
a
dispose of anything removed under paragraph (1) above in the case of which paragraph (2) does not apply, or
b
notwithstanding paragraph (2) above, dispose of anything so removed,
which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.
4
If anything disposed of by the Commissioners under this article is sold, the Commissioners may retain out of the proceeds of sale any expenses incurred by them under this section and any surplus —
a
shall be paid to any person who within three months from the time when the thing came into the custody of the Commissioners proves to the reasonable satisfaction of the Commissioners that he was the owner thereof at that time; or
b
if within the said period no person proves his ownership at the said time, shall vest in the Commissioners.
5
If the proceeds of the sale of anything removed under this article are insufficient to reimburse the Commissioners for the said expenses, or there is no sale, the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Commissioners or who was the owner at the time of its abandonment or loss.
Removal of vehicles
33
1
If a vehicle is left without the permission of the Commissioners —
a
in any place where it is likely to obstruct or interfere with the use of the harbour; or
b
in any part of the harbour where the parking of vehicles is prohibited by notice erected by the Commissioners;
the Commissioners may, at the risk of the owner, remove the vehicle or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
Where the Commissioners in exercise of the powers of this article remove a vehicle or cause it to be removed they shall as soon as practicable report that fact to a constable or to a police station.
4
The expenses of and incidental to the removal of a vehicle under this article shall be recoverable from any person responsible.
5
For the purposes of paragraph (4) above “person responsible” means —
a
the owner of the vehicle at the time when it was put in the place from which it was removed under paragraph (1) above, unless he shows that he was not concerned in, and did not know of, its being put there; or
b
any person by whom the vehicle was put in that place.
6
If the Commissioners in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
7
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour.
Boarding of vessels
34
A duly authorised officer of the Commissioners may, on producing if so required his authority, enter and inspect a vessel in the harbour for the purposes of any enactment relating to the harbour (including any enactment so relating contained in subordinate legislation) or of any byelaw of the Commissioners relating to the harbour, including the enforcement thereof.
General rules for navigation
35
A master who navigates his vessel in the harbour —
a
without due care and attention; or
b
in a manner liable to injure or endanger persons, other vessels, the banks of the harbour (whether above or below the level of high water) or any facility, structure or installation in or adjoining the harbour;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Vessels adrift
36
1
The owner or master of a vessel adrift in the harbour shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
It shall be a defence for the owner or master of a vessel charged with an offence under paragraph (1) of this article to prove that the vessel did not become adrift as the result of any neglect or default on his part.
PART IV
Financial and miscellaneous
Charges for services or facilities
37
In addition to their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Commissioners may demand, take and recover such reasonable charges for services and facilities provided by them at the harbour as they may from time to time determine.
Payment of charges
38
1
A charge which the Commissioners are for the time being authorised to demand, take and recover in respect of a vessel or goods or otherwise shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Commissioners may from time to time specify in their published list of charges.
2
Charges payable to the Commissioners shall be payable by the owners of any vessel or goods in relation to which the charges are payable.
3
Where a charge payable to the Commissioners may be recovered by them from more than one person, the persons from whom it may be recovered shall be jointly and severally liable.
Deposit for charges
39
The Commissioners may, if they think fit, require any person who is or may become liable to pay charges to the Commissioners to deposit with their collector, or to guarantee, such sum as in the opinion of the Commissioners is reasonable having regard to the probable amount of the charges.
Recovery of charges
40
In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with the Whitehaven Town and Harbour Acts and Orders 1708 to 1991 (and, in a case where the master of a vessel in respect of which a charge is payable to the Commissioners refuses or neglects to pay the same or any part thereof, whether or not the Commissioners' collector has gone on board the vessel and demanded the charge pursuant to section 44 of that Act), the Commissioners may recover any dues, rates, rents or other charges payable to them as a debt in any court of competent jurisdiction.
Power to lease etc.
41
1
The Commissioners may at any time lease or grant for harbour purposes the use or occupation of, or any right or interest in, over or relating to, any lands, works, buildings, equipment or other property forming part of the harbour for such period or periods and on such terms and conditions as may be agreed between the Commissioners and the persons taking the same.
2
Section 23 of the Act of 1847 (Power to lease wharfs, warehouses, etc.), as incorporated by any provision of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, shall cease to have effect.
Crown rights
42
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing in this Order authorises the Commissioners to take, use or in any manner interfere with any part of the shore or bed of the sea or any river, channel, creek, bay or estuary or any land, hereditaments, or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners, on behalf of Her Majesty, first had and obtained for that purpose.
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
21st June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 and shall come into force on 31st December 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised organisation” means a recognised organisation authorised by written agreements with the MSA pursuant to article 3.2, 5 and 6 of the Council Directive to perform duties referred to in article 3.2(i) and (ii);
“Council Directive” means Council Directive 94/57/ EC of 22 November 1994 on common rules and standards of ship inspection and survey organisations and for the relevant activities of maritime administrations;
“international conventions” means
the International Convention on Load Lines 1966 ;
the International Convention for the Prevention of Pollution from Ships 1973 and the Protocol of 1978 relating thereto;
the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1978 relating thereto ;
together with the amendments to these Conventions and related Codes of mandatory status, in force on 22 November 1994;
“MSA” means the Marine Safety Agency, an executive agency of the Department of Transport;
“Merchant Shipping Notice” means a Notice described as such, issued by the MSA, and reference to Merchant Shipping Notice No. M 1672 includes reference to any Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
“port state control administration” means the competent administration of a member State for the purposes of Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the member states, of international standards for ship safety, pollution prevention and shipboard living and working conditions (Port State Control);
“recognised organisation” means an organisation recognised by a member State or a State party to the EEA Agreement pursuant to article 4 of the Council Directive;
“ship” means a ship falling within the scope of the international conventions;
“ship of their class” in relation to a recognised organisation, means a ship of which that organisation has certified compliance with its rules;
“United Kingdom ship” has the meaning given by section 85(2) of the Merchant Shipping Act 1995.
Local representation of authorised organisations
3
The agreement in which the MSA and an organisation it authorises pursuant to article 3 of the Council Directive setting out their working relationship shall contain a requirement that the organisation has local representation in the United Kingdom.
Reciprocity of authorisation of classification societies
4
1
The MSA may refuse to authorise a recognised organisation located in a State outside the European Community if that State does not provide reciprocal recognition and authorisation for recognised organisations which are located in the European Community.
2
Notwithstanding that a recognised organisation located in a State outside the European Community has been authorised by the MSA, the MSA may withdraw that authorisation if that State has failed to grant a reciprocal authorisation for a recognised organisation which the United Kingdom has requested that third State to authorise.
3
For the purposes of this regulation “located” refers to the place of the registered office, central administration or principal place of business of an organisation.
Duties of authorised organisations
5
1
In performing functions for which they are authorised under the Merchant Shipping Act 1995 and instruments made, or having effect, pursuant to it relating to any United Kingdom ship, authorised organisations shall ensure that the relevant requirements of one of the approved standards listed in Merchant Shipping Notice M. 1672 are applied.
2
Without prejudice to any requirements of a statutory instrument as to the issue of certificates, authorised organisations shall not issue certificates to a United Kingdom ship declassed or changing class for safety reasons before consulting the MSA to determine whether a full inspection is necessary.
3
Where an authorised organisation fails to comply with this regulation it shall be guilty of an offence, and liable on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
Duties of recognised organisations
6
1
Recognised organisations shall consult with each other periodically with a view to maintaining equivalence of their technical standards and the implementation thereof. They shall provide the European Commission with periodic reports on fundamental progress in standards.
2
Recognised organisations shall demonstrate willingness to co-operate with port state control administrations when a ship of their class is concerned, in particular, in order to facilitate the rectification of reported deficiencies or other discrepancies.
3
Recognised organisations shall provide all relevant information to the MSA about changes of class or declassing of vessels.
4
Where a recognised organisation fails to comply with any provision of this regulation it shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 1 on the standard scale in respect of non-compliance with a provision of paragraph (1) or (2), or in respect of non-compliance with a provision of paragraph (3), to a fine not exceeding level 3 on the standard scale.
Withdrawal of recognition
7
1
Where the United Kingdom is requested, in accordance with the article 9 of the Council Directive, to withdraw the recognition of recognised organisations, the MSA may do so notwithstanding anything contained in any agreement between the MSA and that organisation if it is satisfied that the organisation no longer fulfils the criteria set out in the Annex to the Council Directive.
2
Where recognition is withdrawn, in accordance with paragraph (1) above, from an organisation, that organisation shall cease to be authorised to perform any function under the Merchant Shipping Act 1995 or any instrument made pursuant to it, notwithstanding anything in that Act or any such instrument, until recognition is restored.
Defence
8
It shall be a defence for an organisation charged with an offence under these Regulations to prove that all reasonable steps were taken to ensure that the regulation in question was complied with.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
19th November 1996


text:
1
This Order may be cited as The City of Bristol College (Incorporation) Order 1996 and shall come into force on 1st August 1996 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “City of Bristol College” for the purpose of conducting from the operative date a new educational institution of that name (to be formed by the merger of Brunel College of Arts and Technology and South Bristol College).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st September 1996, and the corporation shall conduct City of Bristol College from that date.
James Paice
Parliamentary Under-Secretary of State,Department for Education and Employment
8th July 1996


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Amendment) Regulations 1996 and shall come into force on 17th June 1996.
Amendments
2
Schedule 1 to the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1994 is amended —
a
as regards Form 1 (application for renovation grant), as mentioned in Schedule 1;
b
as regards Form 2 (application for disabled facilities grant), as mentioned in Schedule 2; and
c
as regards Form 3 (application for common parts grant), as mentioned in Schedule 3.
Application
3
These Regulations shall not have effect in relation to applications for grant made before 17th June 1996.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th May 1996
William Hague
Secretary of State for Wales
10th May 1996


text:
PART 1
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“appointing authority” means, in relation to a member who is appointed, the person who or body which appoints him;
“health service body” means —
a health authority, a Special Health Authority (including the hospital authorities) or a National Health Service trust;
a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service or a National Health Service trust respectively constituted under sections 2, 10 and 12A of the National Health Service (Scotland) Act 1978 ;
a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984 ;
the Dental Practice Board or Scottish Dental Practice Board;
the Public Health Laboratory Service Board; and
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
“the hospitals” means the special hospitals known as Ashworth, Broadmoor and Rampton hospitals ;
“hospital authority” means a Special Health Authority established by the Authorities for Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 ; and
a reference to the Order is a reference to that Order; and
references to any hospital authority by name shall be construed accordingly;
“member” means a member of a hospital authority (including the chairman);
“non-officer member” means a member who is not an officer of a hospital authority and includes the chairman;
“officer member” means a member who is an officer of a hospital authority;
“the relevant hospital” in relation to a hospital authority, means the hospital specified in relation to it in the Schedule to the Order;
“the specified mental health service functions” means the Secretary of State’s functions under the provisions of the 1977 Act which are specified in column 1 of Schedule 1 and his functions under the Mental Health Act 1983 as the managers of the relevant hospital.
3
In these Regulations unless the context otherwise requires a reference —
a
to a numbered regulation is a reference to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;
c
to a member (whether an officer or non-officer member), chairman or vice-chairman is a reference to a member, chairman or vice-chairman appointed to a particular hospital authority and nothing in these Regulations shall be construed as conferring functions on such members, chairmen and vice-chairmen in respect of any hospital authority other than that to which they have been appointed;
d
to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number;
e
in a Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that Schedule and a reference in a paragraph of a Schedule to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph.
PART 2
Functions of the hospital authorities
Functions of the hospital authorities
2
1
Subject to paragraphs (2) and (3) each hospital authority is directed to exercise on behalf of the Secretary of State the specified mental health service functions so far as they relate to the relevant hospital including the provision and maintenance of that hospital as a special hospital in pursuance of section 4 of the 1977 Act.
2
Nothing in these Regulations —
a
is to be taken as the giving of directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or regulations; or
b
enables a hospital authority to exercise the Secretary of State’s functions under section 87(1) of the Act in respect of compulsory acquisition of land.
3
The exercise by a hospital authority of functions under section 3(1)(c), (e) and (f) of the 1977 Act, other than the function of providing psychiatric and associated services, is subject to the limitation that services or facilities mentioned in those provisions are to be provided only to patients for whom psychiatric and associated services are provided by the relevant hospital.
PART 3
Membership and proceedings of the hospital authorities
Appointment of members
3
1
Subject to article 4 (constitution) of the Order the appointment of members to each hospital authority shall be in accordance with the procedure in paragraphs (2) to (3) below.
2
The non-officer members shall be appointed by the Secretary of State.
3
The officer members, other than the chief executive and director of finance, shall be appointed by the non-officer members and the chief executive provided that such officer members are officers of the hospital authority of which they are appointed as an officer member on the date on which that appointment takes effect.
Appointment of officers
4
1
Subject to paragraph 6(2) of Schedule 2 the chief executive of the hospital authority shall be appointed by a committee of the hospital authority consisting of non-officer members.
2
The director of finance of the hospital authority shall be appointed by a committee of the hospital authority consisting of non-officer members and the chief executive.
Tenure of membership
5
1
Subject to regulations 6 and 7 below —
a
the term of office of a non-officer member shall be for such period, not exceeding four years, as the Secretary of State shall specify on making the appointment;
b
the chief executive and the director of finance shall each hold office as a member for so long as each remains as chief executive and director of finance respectively;
c
subject to regulation 6(1) the term of office of an officer member other than the chief executive and the director of finance shall be for such period as the appointing authority shall specify on the making of the appointment.
2
Nothing in this regulation shall prevent the reappointment of a member who has previously been a member of a health service body.
Termination and suspension of membership of officer members
6
1
Subject to paragraphs (2) to (4) below, an officer member, other than the chief executive and director of finance, shall cease to be a member on the date he ceases to be an officer of the hospital authority.
2
If the non-officer members are of the opinion that it is not in the interests of the hospital authority of which they are members, for an officer member, other than the chief executive and director of finance, to continue as a member they shall terminate his membership without notice.
3
If an officer member is suspended from his post in the hospital authority he shall be suspended from performing the functions of a member of the hospital authority for the period during which he is suspended.
4
An officer member other than the chief executive or director of finance may resign from his membership of a hospital authority by giving notice in writing to the appointing authority and his resignation shall take effect from the date specified in the notice or if there is no such date specified from the date that the appointing authority receives the notice.
Termination and suspension of membership of non-officer members
7
1
A non-officer member may resign his office at any time by giving notice in writing to the Secretary of State and the resignation shall take effect from the date specified in the notice or if there is no such date specified from the date that the Secretary of State receives the notice.
2
If a non-officer member is appointed as chairman he will act as a member only in his capacity as chairman from the date that appointment takes effect.
3
If the Secretary of State is of the opinion that it is not in the interests of the hospital authority for a non-officer member to continue as a member he may terminate that member’s membership by giving him notice in writing to that effect.
4
The Secretary of State shall terminate the membership of a non-officer member who fails to attend a meeting of the hospital authority of which he is a member for six months unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the non-officer member will be able to attend meetings within such period as the Secretary of State considers reasonable.
5
Where it appears to the Secretary of State that a non-officer member has failed to comply with regulation 15(1) (disability etc. on account of pecuniary interest) he may forthwith terminate that member’s membership.
6
Where a person has been appointed as a non-officer member and —
a
he becomes disqualified from membership under regulation 8 (disqualification for appointment) the Secretary of State shall, when this disqualification comes to his attention, forthwith terminate his membership; or
b
it comes to the attention of the Secretary of State that he was so disqualified when he was appointed the Secretary of State shall forthwith notify him in writing that he was not duly appointed,
and upon receipt of such a notification his membership (if any) shall terminate and he shall cease to act as a member.
Disqualification for appointment
8
1
Subject to regulation 9 (cessation of disqualification for appointment) a person shall be disqualified from membership as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has been sentenced to a term of imprisonment (whether or not this term was suspended) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he has had his name removed, by a direction under section 46 of the 1977 Act from any list prepared under Part II of that Act and has not subsequently had his name included in such a list;
e
he is a person whose tenure of office as chairman or as a member of a health service body has been terminated on the grounds that —
i
it was not in the interests of the health service body or of the health service that he should continue to hold that office;
ii
he failed, without reasonable excuse, to attend any meeting of that health service body for a period of 6 months; or
iii
he failed to disclose a pecuniary interest;
f
he is a member, director, officer or paid employee of a health service body;
g
he is a general medical or general dental practitioner or an employee of either of those;
h
he holds any paid employment or office with a trade union which represents the interests of members who are employed by a health service body.
2
For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be —
a
subject to sub-paragraph (b) the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires; or
b
if such an appeal or application is made, the date on which the appeal or application with respect to the conviction is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his chairmanship or membership of a health service body.
Cessation of disqualification for appointment
9
1
Where a person is disqualified under regulation 8(1)(b) (disqualification for appointment) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 8(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which the payment is completed;
b
in any other case, it shall cease on the expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 8(1)(c) (dismissed employees) he may after the expiry of not less than two years beginning on the date of his dismissal, apply in writing to the Secretary of State to end the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to end a disqualification, no further such application may be made by that person until the expiry of two years from the date on which the refused application was made.
5
Where a person is disqualified under regulation 8(1)(e) (certain chairmen and members whose appointments have been terminated), the disqualification shall cease on the expiry of two years or such longer period as the person who, or body which terminates the appointment may specify when terminating the tenure of office, but the Secretary of State may, on application being made to him by the disqualified person or that other person (not being the Secretary of State himself) or body, reduce the period of disqualification.
Appointment of vice-chairmen
10
1
Subject to paragraph (2), the chairman and members shall appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his current term of membership, as they shall specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
Powers of vice-chairmen
11
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties owing to illness, absence from England and Wales or any other cause, the vice-chairman shall act as chairman for so long as there is no chairman able to perform his duties.
Appointment of committees and sub-committees
12
1
Subject to such directions as may be given by the Secretary of State —
a
each hospital authority may (and if so directed by him shall) appoint committees of the hospital authority; and
b
such committees may appoint sub-committees.
2
Committees appointed under paragraph (1) may consist —
a
wholly or partly of members of the hospital authority; or
b
wholly or partly of persons who are not members of the hospital authority.
3
Sub-committees appointed under paragraph (1) by a committee may consist —
a
wholly or partly of members of that committee (whether or not they are members of the hospital authority); or
b
wholly or partly of persons who are not members of the hospital authority or that committee.
4
Where a member of the hospital authority is appointed as a member of a committee or a sub-committee —
a
his membership of the committee or sub-committee will cease on the termination or expiry of his tenure of office as a member of the hospital authority; and
b
on such cessation he will be eligible for appointment to the committee or sub-committee as a person who is not a member of the hospital authority.
Arrangements for the exercise of functions
13
Subject to such directions as may be given by the Secretary of State, each hospital authority may make arrangements for the exercise, on behalf of that hospital authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 12 or by an officer of that hospital authority, in each case subject to such restrictions and conditions as the hospital authority thinks fit.
Meetings and proceedings
14
1
The meetings and proceedings of the hospital authorities shall be conducted in accordance with the rules set out in Schedule 2 to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, regulation 15(1) (disability on grounds of pecuniary interest), and such directions as may be given by the Secretary of State, each hospital authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business and may provide for the suspension of any Standing Orders.
3
Subject to those rules and such directions as may be given by the Secretary of State, each hospital authority may make, vary or revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the hospital authority but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of non-officer members in proceedings on account of pecuniary interest
15
1
Subject to the following provisions of this regulation, if a non-officer member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of a hospital authority at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him to be in the interests of the health service that the disability should be removed.
3
Each hospital authority may by Standing Orders made under regulation 14(2) (meetings and proceedings), provide for the exclusion of the non-officer member from a meeting of the hospital authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect is under consideration.
4
Any remuneration, compensation or allowances payable to the non-officer members by virtue of paragraph 9 of Schedule 5 to the 1977 Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6) a non-officer member shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
A non-officer member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of —
a
his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract or matter.
7
Where a non-officer member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed #5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of the shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the hospital authorities and applies to any member of any such committee or sub-committee (whether or not he is also a member of the hospital authority) as it applies to a member of the hospital authority.
9
In this regulation —
“public body” includes —
a
any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking;
b
the governing body of any university, university college or college, school or university hall; and
c
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any shares or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Public meetings
16
Each hospital authority shall hold at least one public meeting each year and shall present its audited accounts and annual report at one such public meeting.
PART 4
Revocations
Revocations
17
The Special Hospitals Service Authority (Functions and Membership) Regulations 1989 and the Special Hospitals Service Authority (Functions and Membership) Amendment Regulations 1989 are revoked.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
29th February 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Wales Ambulance National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1996 and shall come into force on 1st April 1996.
2
In this Order —
“the Authority” means West Glamorgan Health Authority;
“the Trust” means the West Wales Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st February 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1996 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
5th March 1996


text:
Citation and commencement
1
This Order may be cited as the Duffield and Wirksworth Light Railway Order 1996 and shall come into force on 16th October 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them: —
“ the Act ” means the Light Railways Act 1896;
“ the Company ” means WyvernRail Limited, a Company incorporated under the Companies Act 1985 and having its registered office at 324 Manchester Road, West Timperley, Altrincham, Cheshire;
“the Company’s Railway” means the Railway , or part thereof, authorised to be maintained and worked by the Company as a light railway pursuant to article 3 below;
“ Decision Point ” means the point on a user-worked crossing or footpath crossing where guidance on crossing safely is visible and a decision to cross or wait can be made in safety;
“ Grid Reference ” means an Ordnance Survey Grid Reference;
“the lease” means any lease granted under paragraph (1) of article 3 below, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operative date” means the day on which the Railway or any part thereof is vested in the Company pursuant to the lease;
“ Railtrack ” means Railtrack PLC , a company incorporated under the Companies Act 1985 and having its registered office at 40 Bernard Street, London WC1N 1BY;
“the Railway” means the railway of Railtrack described in Schedule 1 below and includes all the lands and works relating thereto;
“ Sighting Distance ” means the distance measured along the Railway from a Decision Point to the point at which an approaching train becomes visible in any direction from which a train may approach;
“ Warning Time ” means the shortest possible time for trains to travel the Sighting Distance or, where whistle boards are provided, the shortest time between the sound being heard at the crossing and the train arriving at the crossing.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Leasing of the Railway to the Company
3
1
Railtrack may lease to the Company the Railway or any part thereof on such terms and conditions as may be agreed between Railtrack and the Company.
2
Except as otherwise provided in this Order, as from the operative date and until the lease shall be determined whether by effluxion of time or otherwise the Company’s Railway or any part thereof shall be subject to all statutory and other provisions applicable to the Railway (insofar as the same are still subsisting and capable of taking effect) and the Company to the exclusion of Railtrack shall be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Railway (insofar as the same are subsisting and capable of taking effect) to the intent that Railtrack shall be released from all such obligations.
3
As from the operative date and until such determination of the lease the Company may maintain and work the Company’s Railway or any part thereof as a light railway under the Act.
Incorporation and application of enactments
4
1
Subject to the provisions of this Order the following provisions of the Railways Clauses Consolidation Act 1845 are hereby incorporated with, and form part of, this Order: —
section 24 (obstructing construction of railway);
section 46 (crossing of roads-level crossings);
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in the case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
The following provisions of the Railways Clauses Act 1863 shall be incorporated in this Order —
sections 5, 6 and 7 (level crossings); and
section 12 (signals, watchmen etc. ).
3
In those provisions, as incorporated in this Order —
“the company” means the Company;
“goods” includes any thing conveyed on the Company’s Railway;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the Company’s Railway;
“the special Act ” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be worked by this Order.
4
In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
5
In accordance with the provisions of subsection (1) of section 12 of the Act, and subject to paragraph (6) below, the following enactments shall apply to the Company’s Railway: —
The Regulation of Railways Act 1868 —
Section 22 (Means of communication between passengers and the company’s servants to be provided);
The Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
6
In its application to the Company’s Railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
7
Without prejudice to the foregoing provisions of this article, sections 116 to 118 of the Transport Act 1968 shall apply to bridges over the Company’s Railway as if references in those sections to the British Railways Board were references to the Company.
Gauge of the Company’s Railway and motive power
5
1
The Company’s Railway shall be operated on a gauge of 1435 millimetres and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve in writing.
2
Nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages.
3
If electrical power is used as motive power on the Company’s Railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Provision as to the crossings of public and private roads and paths on the level
6
As from the operative date the Company —
a
may maintain the crossings on the level of the unclassified public roads described in Schedule 2 below and the footpaths described in Schedule 3 below (and any accommodation crossing or right of way existing upon or over the railway);
b
shall maintain signs stating “STOP, LOOK AND LISTEN” on each side of the Railway facing persons approaching each of the crossings specified in Schedule 3 to this Order and the safety devices respectively specified for each of the said crossings in the sixth column of Schedule 3 to this Order shall be maintained on both sides of the said crossings. At all user worked and footpath crossings the Warning Time shall be greater than the time required by users to traverse the crossing surface between the Decision Points and where necessary whistle boards shall be erected to achieve this requirement.
7
Nothing in this Order shall affect the application to the crossings described in Schedule 2 below of the British Railways Board (Midland Railway) (Idridgehay Level Crossing) Order 1978 and the British Railways Board (Midland Railway) (Gorsey Bank Level Crossing) Order 1979 made under section 66 of the British Transport Commission Act 1957 , or the power of the Secretary of State to amend or revoke those Orders under section 66(7) of that Act, and the Company shall provide the lights, traffic signs and other devices and appliances and shall observe the conditions and requirements in relation to those crossings, their use and operation specified in those Orders.
Restrictions on conveyance of passengers
8
No part of the Company’s Railway shall be used for the conveyance of passengers without prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s Railway.
For the protection of sewerage and water undertakers
9
1
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertaker concerned, apply and have effect.
2
In this article, “relevant pipe” in relation to an undertaker has the meaning given in section 158 of the Water Industry Act 1991 .
3
Where any relevant pipe is situated in any land owned or held for the purpose of the Company’s Railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.
4
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
5
The Company shall compensate the undertakers —
a
for any damage done or disturbance caused to any relevant pipe; and
b
for any other expenses, loss, damages, penalty or costs incurred by the undertakers by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order.
6
Nothing in the foregoing paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
7
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
8
Any difference arising between the Company and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
For the protection of the Environment Agency
10
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Company and the Agency, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any watercourse in, under or through any land held for the purposes of or in connection with the Railway, the Company shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency.
b
For the purposes of this paragraph, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the Railway, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Company in good repair and condition and free from obstruction.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the Company shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Company as a debt due from them to the Agency.
6
Any dispute or difference which may arise between the Agency and the Company under this article shall be referred to and determined by a single arbitrator to be agreed between the parties or, failing such agreement, to be appointed by the President for the time being of the Institution of Civil Engineers on application of either party (after notice in writing to the other of them).
For the protection of public gas transporters
11
Nothing in this Order shall prejudice or affect the rights of any public gas transporter within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s Railway is constructed.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
15th October 1996