text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1994 and shall come into force on 9th July 1994.
Amendments to regulation 13
2
1
Regulation 13 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with the following paragraphs.
2
In paragraphs (5), (7) and (8), insert, at the beginning, “Subject to paragraphs (8A) and (8B),”.
3
In paragraph (6) —
a
delete the words in brackets in sub-paragraph (a);
b
after sub-paragraph (a), insert “and”; and
c
delete sub-paragraph (b).
4
After paragraph (6), insert the following —
6A
Subject to paragraphs (8A) and (8B), an alteration made to correct an inaccuracy in a list which arose in the course of making an alteration in connection with any of the matters mentioned in paragraph (2) or (5) shall have effect from the day from which that previous alteration fell to have effect.
.
5
After paragraph (8), insert the following —
8A
An alteration made to correct an inaccuracy (other than one which has arisen by reason of an error or default on the part of a ratepayer) —
a
in a list on the day it was compiled; or
b
which arose in the course of making a previous alteration in connection with the matters mentioned in paragraphs (2), (5), (6A), (7) or (8),
which increases the rateable value shown in the list for the hereditament to which the inaccuracy relates shall have effect from the day on which the alteration is made.
8B
Where an alteration is made in accordance with paragraph (8A) and within the period of six months beginning with —
a
in the case of an alteration of which notice is given under regulation 18(2), the day of service of the notice; and
b
in any other case, the day on which the alteration is made,
the person who at the time of the alteration was the ratepayer in relation to the hereditament to which the alteration relates requires the valuation officer, by notice in writing served on him, to substitute for the day shown in the list the day that would have been determined, as regards that alteration, in accordance with the former regulation 13, the valuation officer shall alter the list accordingly.
.
6
After paragraph (9), insert the following —
9A
In this regulation, “the former regulation 13” means this regulation before the amendments made by regulation 2 of the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1994.
.
Amendments to regulation 15
3
1
Regulation 15 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with the following paragraphs.
2
After paragraph (1)(c), insert —
or
d
an alteration to which paragraph (3E) applies (a “relevant alteration”),
.
3
In paragraph (3) —
a
in sub-paragraph (a), substitute “paragraph (1), (2) or (3A)” for “paragraph (1) or (2)”; and
b
in sub-paragraph (b) —
i
substitute “six months” for “six weeks”; and
ii
substitute “paragraph (1), (2) or (3A), as the case may be,” for “paragraph (1) or, as the case may be, paragraph (2)”.
4
After paragraph (3), insert —
3A
Subject to paragraphs (3B) and (3C), where a relevant alteration is made in connection with a hereditament in relation to which one or more previous alterations have had effect from 1st April 1991 in accordance with the former regulation 6, paragraph (2) or this paragraph, or from 1st April 1992 in accordance with the former paragraph (1) or this paragraph, the relevant alteration shall have effect from the later of —
a
the day determined in accordance with regulation 13; and
b
1st April 1992, or, if there has been no previous alteration made other than in accordance with the former regulation 6, paragraph (2) or this paragraph, 1st April 1991.
3B
Where, by virtue of paragraph (3A), a relevant alteration has effect from 1st April 1991 and an alteration pursuant to paragraph (3) or regulation 16 is subsequently made to each of the previous alterations referred to in paragraph (3A) which had effect from 1st April 1991, the relevant alteration shall have effect from the day that would have been determined in accordance with regulation 13 if paragraph (3A) had not applied; and the valuation officer shall alter the list accordingly.
3C
Where, by virtue of paragraph (3A), a relevant alteration has effect from 1st April 1992 and an alteration in pursuance of paragraph (3) or regulation 16 is subsequently made to each of the previous alterations referred to in paragraph (3A) which had effect from 1st April 1992, the relevant alteration shall have effect from the day which would have been determined in accordance with regulation 13 if paragraph (3A) had not applied; and the valuation officer shall alter the list accordingly.
3D
In paragraph (3A), “the former paragraph (1)” means paragraph (1) of this regulation before the amendment made by regulation 3 of the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1994.
3E
This paragraph applies to an alteration made —
a
so as —
i
to reduce the rateable value shown in a list for a hereditament; or
ii
to show in a list a hereditament which has come into existence by virtue of the matters referred to in sub-paragraph (a), (b) or (c) of regulation 13(9) at any time before or after the list was compiled; or
iii
to delete from a list a hereditament which has not existed or which, whether by virtue of the matters referred to in sub-paragraph (a), (b) or (c) of regulation 13(9) or otherwise, has ceased to exist at any time before or after the list was compiled; or
iv
to reflect a change in the area of an authority at any time before or after a list was compiled; or
b
in consequence of a hereditament being or not being required to be shown in a central non-domestic rating list.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th July 1994
John Redwood
Secretary of State for Wales
7th July 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the HMSO Trading Fund (Amendment) Order 1994 and shall come into force on 1st May 1994.
2
The Schedule to the HMSO Trading Fund Order 1980 shall be amended by substituting for paragraph (a) the following paragraph:
a
the procurement and production of printing and the supply of stationery and office machinery and related services for Parliament, Government departments, local authorities, nationalised industries and other parts of the public services and for bodies of a like nature outside the United Kingdom and for international organisations;
3
The Schedule to the said Order shall be further amended by substituting for paragraph (b) th following paragraph:
b
the publication and sale of material in printed or other form for Parliament, Government departments, local authorities, nationalised industries and other parts of the public services and for bodies of a like nature outside the United Kingdom and for international organisations; and
.
4
The Crown assets and liabilities set out in the Schedule to this order and attributable to the additional operations to be financed by the HMSO Trading Fund shall be appropriated as assets and liabilities of the fund.
Chancellor of the Duchy of Lancaster
26th April 1994
We concur
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 1994


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Third Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1993 shall be amended as follows:
a
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
†
Excluding Shanwick FIR
Austria AIP Austria 61.88 1 ECU = 13.7310 Sch Belgium AIP Belgique 68.59 1 ECU = 40.2940 BF Cyprus AIP Cyprus 25.86 1 ECU = 0.582156 £Cy France AIP France (France Metropolitaine) 66.05 1 ECU = 6.64476 FF Germany AIP Germany 77.82 1 ECU = 1.95094 DM Greece AIP Greece 28.38 1 ECU = 266.971 Dra Hungary AIP Hungary 18.65 1 ECU = 107.520 Hf Ireland, Republic of AIP Ireland 26.43 1 ECU = 0.806562 £Ir Malta AIP Malta 38.76 1 ECU = 0.443779 Lm Netherlands AIP Netherlands 50.53 1 ECU = 2.19395 G Portugal AIP Portugal 39.55 Santa Maria FIR 11.15 1 ECU = 190.384 Esc Spain AIP España Madrid & Barcelona FIRS — 52.14 Canaries FIRS — 55.56 1 ECU = 153.043 Pts Switzerland AIP Switzerland 82.32 1 ECU = 1.72410 SF Turkey AIP Turkey 27.50 1 ECU = 12721.3 LT United Kingdom United Kingdom Air Pilot 87.04 1 ECU = £0.760394
b
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I — between WO1400 and W11000 and North of N5500 with the exception of Iceland Frankfurt 1290.53 London 852.57 Paris 1130.38 Prestwick 446.52
ZONE II — between WO4000 and W11000 and N2800 and N5500 Abidjan 144.39 Amman 1681.58 Amsterdam 836.27 Athens 1226.64 Banjul 139.93 Barcelona 785.01 Basle 956.72 Belfast 196.09 Berlin 1129.40 Birmingham 476.54 Bordeaux 543.92 Bristol 476.56 Brussels 794.69 Bucharest 1697.19 Budapest 1447.33 Cairo 1405.89 Cardiff 321.03 Casablanca 338.83 Cologne — Bonn 996.73 Copenhagen 749.18 Dakar 139.82 Dublin 144.85 Düsseldorf 951.70 East Midlands 526.39 Frankfurt 1065.25 Geneva 950.05 Glasgow 289.82 Hamburg 886.30 Helsinki 497.30 Istanbul 1499.90 Jeddah 1592.46 Johannesburg 140.16 Kiev 1016.24 Lagos 140.60 Lamezia Terme 1210.75 Las Palmas (Canary Islands) 500.16 Leeds and Bradford 469.81 Lille 721.65 Lisbon 382.67 London 561.61 Luxembourg 929.16 Lyons 929.72 Maastricht 868.39 Madrid 569.08 Malaga 619.75 Manchester 432.03 Manston 635.02 Marseille 963.42 Milan 1031.58 Monrovia 139.93 Moscow 538.22 Munich 1252.64 Nantes 490.67 Naples 1070.21 Newcastle 451.60 Nice 971.48 Oporto 281.89 Oslo 555.19 Ostend 709.10 Paris 741.21 Ponta Delgada (Azores) 145.17 Prague 1278.37 Prestwick 289.82 Riyadh 1573.40 Rome 1121.68 Sal Island (Cape Verde) 139.82 Santa Maria (Azores) 155.32 Santiago 264.44 Shannon 100.43 Sofia 1539.85 Stockholm 555.19 Stuttgart 1088.40 Tel Aviv 1570.37 Tenerife 458.02 Timisoara 1697.19 Toulouse — Blagnac 710.16 Turin 1088.11 Venice 1313.41 Vienna 1474.45 Warsaw 891.69 Zürich 1103.52
ZONE III — West of W11000 and between N2800 and N5500 Amsterdam 948.39 Copenhagen 778.14 Düsseldorf 1038.14 Frankfurt 1089.27 Geneva 1298.35 Hamburg 706.97 London 799.78 Luxembourg 1141.57 Madrid 457.76 Manchester 633.11 Milan 1071.43 Munich 1513.11 Paris 929.50 Prestwick 398.64 Rome 1071.43 Shannon 95.68 Zürich 1378.63
ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 811.83 Barcelona 895.04 Berlin 1007.43 Brussels 821.81 Cologne — Bonn 936.69 Copenhagen 791.12 Düsseldorf 955.84 Frankfurt 1055.00 Gothenburg 678.71 Hamburg 1006.83 Helsinki 491.78 Lisbon 437.62 London 603.75 Madrid 601.64 Manchester 399.88 Milan 968.16 Munich 1204.53 Oslo 497.87 Paris 681.93 Prague 1218.01 Rome 1107.52 Sal Island (Cape Verde) 91.32 Santa Maria (Azores) 156.21 Shannon 181.54 Stockholm 550.38 Vienna 1398.31 Zürich 1028.37
ZONE V — West of W04000 and between the equator and N2000 Amsterdam 988.34 Barcelona 915.72 Basle 1037.02 Bordeaux 725.37 Cologne — Bonn 1073.96 Düsseldorf 1148.87 Frankfurt 1131.06 Glasgow 415.43 Hamburg 1109.86 Helsinki 647.37 Las Palmas (Canary Islands) 644.64 Lisbon 518.87 London 780.06 Lyons 979.47 Madrid 702.18 Manchester 605.78 Marseille 1142.17 Milan 1082.77 Munich 1229.15 Nantes 687.71 Oporto 504.51 Paris 818.46 Porto Santo (Madeira) 316.80 Prestwick 425.87 Rome 1261.42 Santa Maria (Azores) 204.38 Santiago 520.03 Shannon 275.55 Stockholm 1198.67 Tenerife 639.08 Toulouse — Blagnac 963.34 Vienna 1247.56 Zürich 1147.43
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
2nd June 1994


text:
1
This Order may be cited as the A23 Trunk Road (Coulsdon Inner Relief Road) (Detrunking) Order 1994 and shall come into force on 21st April 1994.
2
In this Order:
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes 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;
ii
“the new trunk roads” has the meaning given in article 2(2)(ii) of the A23 Trunk Road (Coulsdon Inner Relief Road, Trunk Road and Slip Roads) Order 1994; and
iii
“the trunk road” means the A23 Trunks Road known locally as Brighton Road.
3
Each 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 the Secretary of State notifies the Council of the London Borough of Croydon that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
I. Yass
Regional Director London Region
Department of Transport
6th April 1994


text:
1
This Order may be cited as the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 Variation Order 1994, and shall come into force on 12th December 1994.
2
The A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In article 2, after the definition of “carriageway”, insert the following definition —
“disabled person” shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 ;
.
4
In article 6, in paragraph (1), for subparagraph (d) substitute the following subparagraph —
d
a vehicle which
i
is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and
ii
displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE ;
.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th March 1994.
2
In this Order —
“the Authority” means the Kingston and Richmond Health Authority;
“the Trust” means the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by Richmond, Twickenham and Roehampton Health Authority and the Trust on 15th March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th February 1994


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment) Regulations 1994 and shall come into force on 4th March 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 4(1) —
a
for sub-paragraph (f) there shall be substituted —
f
a payment to an exempt approved scheme within the meaning of subsection (1) of section 592 of the Taxes Act, or to any scheme which is before the Board in order for them to decide whether the scheme qualifies as an exempt approved scheme within the meaning of that subsection;
;
b
after sub-paragraph (r) there shall be added —
s
a payment in respect of an investment held at a branch of the building society situated outside the United Kingdom.
.
4
In regulation 5(2) —
a
in sub-paragraph (b) after paragraph (vi) there shall be added
or
vii
a person appointed by the Secretary of State under paragraph
1
of regulation 33 of the Social Security (Claims and Payments) Regulations 1987 , whose appointment has not been revoked or terminated, or who has not resigned his office, pursuant to paragraph (2) of that regulation;
;
b
in sub-paragraph (d) for “or (iv)” in paragraph (i) there shall be substituted “, (iv), (v), (vi) or (vii)”.
5
In regulation 11(2A) for the word “sub-paragraphs” there shall be substituted the word “sub-paragraph”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
10th February 1994


text:
Citation and commencement
1
These Regulations may be cited as the Construction (Design and Management) Regulations 1994 and shall come into force on 31st March 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agent” in relation to any client means any person who acts as agent for a client in connection with the carrying on by the person of a trade, business or other undertaking (whether for profit or not);
“cleaning work” means the cleaning of any window or any transparent or translucent wall, ceiling or roof in or on a structure where such cleaning involves a risk of a person falling more than 2 metres;
“client” means any person for whom a project is carried out, whether it is carried out by another person or is carried out in-house;
“construction phase” means the period of time starting when construction work in any project starts and ending when construction work in that project is completed;
“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes any of the following —
the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of substances classified as corrosive or toxic for the purposes of regulation 7 of the Chemicals (Hazard Information and Packaging) Regulations 1993 ), de-commissioning, demolition or dismantling of a structure,
the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and laying or installing the foundations of the structure,
the assembly of prefabricated elements to form a structure or the disassembly of prefabricated elements which, immediately before such disassembly, formed a structure,
the removal of a structure or part of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which, immediately before such disassembly, formed a structure, and
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral resources or activities preparatory thereto carried out at a place where such exploration or extraction is carried out;
“contractor” means any person who carries on a trade, business or other undertaking (whether for profit or not) in connection with which he —
undertakes to or does carry out or manage construction work,
arranges for any person at work under his control (including, where he is an employer, any employee of his) to carry out or manage construction work;
“design” in relation to any structure includes drawing, design details, specification and bill of quantities (including specification of articles or substances) in relation to the structure;
“designer” means any person who carries on a trade, business or other undertaking in connection with which he —
prepares a design, or
arranges for any person under his control (including, where he is an employer, any employee of his) to prepare a design,
relating to a structure or part of a structure;
“developer” shall be construed in accordance with regulation 5(1);
“domestic client” means a client for whom a project is carried out not being a project carried out in connection with the carrying on by the client of a trade, business or other undertaking (whether for profit or not);
“health and safety file” means a file, or other record in permanent form, containing the information required by virtue of regulation 14(d);
“health and safety plan” means the plan prepared by virtue of regulation 15;
“planning supervisor” means any person for the time being appointed under regulation 6(1)(a);
“principal contractor” means any person for the time being appointed under regulation 6(1)(b);
“project” means a project which includes or is intended to include construction work;
“structure” means —
any building, steel or reinforced concrete structure (not being a building), railway line or siding, tramway line, dock, harbour, inland navigation, tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipe-line (whatever, in either case, it contains or is intended to contain), cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea defence works, river works, drainage works, earthworks, lagoon, dam, wall, caisson, mast, tower, pylon, underground tank, earth retaining structure, or structure designed to preserve or alter any natural feature, and any other structure similar to the foregoing, or
any formwork, falsework, scaffold or other structure designed or used to provide support or means of access during construction work, or
any fixed plant in respect of work which is installation, commissioning, de-commissioning or dismantling and where any such work involves a risk of a person falling more than 2 metres.
2
In determining whether any person arranges for a person (in this paragraph called “the relevant person”) to prepare a design or to carry out or manage construction work regard shall be had to the following, namely —
a
a person does arrange for the relevant person to do a thing where —
i
he specifies in or in connection with any arrangement with a third person that the relevant person shall do that thing (whether by nominating the relevant person as a subcontractor to the third person or otherwise), or
ii
being an employer, it is done by any of his employees in-house;
b
a person does not arrange for the relevant person to do a thing where —
i
being a self-employed person, he does it himself or, being in partnership it is done by any of his partners; or
ii
being an employer, it is done by any of his employees otherwise than in-house, or
iii
being a firm carrying on its business anywhere in Great Britain whose principal place of business is in Scotland, it is done by any partner in the firm; or
iv
having arranged for a third person to do the thing, he does not object to the third person arranging for it to be done by the relevant person,
and the expressions “arrange” and “arranges” shall be construed accordingly.
3
For the purposes of these Regulations —
a
a project is carried out in-house where an employer arranges for the project to be carried out by an employee of his who acts, or by a group of employees who act, in either case, in relation to such a project as a separate part of the undertaking of the employer distinct from the part for which the project is carried out; and
b
construction work is carried out or managed in-house where an employer arranges for the construction work to be carried out or managed by an employee of his who acts or by a group of employees who act, in either case, in relation to such construction work as a separate part of the undertaking of the employer distinct from the part for which the construction work is carried out or managed; and
c
a design is prepared in-house where an employer arranges for the design to be prepared by an employee of his who acts, or by a group of employees who act, in either case, in relation to such design as a separate part of the undertaking of the employer distinct from the part for which the design is prepared.
4
For the purposes of these Regulations, a project is notifiable if the construction phase —
a
will be longer than 30 days; or
b
will involve more than 500 person days of construction work,
and the expression “notifiable” shall be construed accordingly.
5
Any reference in these Regulations to a person being reasonably satisfied —
a
as to another person’s competence is a reference to that person being satisfied after the taking of such steps as it is reasonable for that person to take (including making reasonable enquiries or seeking advice where necessary) to satisfy himself as to such competence; and
b
as to whether another person has allocated or will allocate adequate resources is a reference to that person being satisfied that after the taking of such steps as it is reasonable for that person to take (including making reasonable enquiries or seeking advice where necessary) —
i
to ascertain what resources have been or are intended to be so allocated; and
ii
to establish whether the resources so allocated or intended to be allocated are adequate.
6
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application of regulations
3
1
Subject to the following paragraphs of this regulation, these Regulations shall apply to and in relation to construction work.
2
Subject to paragraph (3), regulations 4 to 12 and 14 to 19 shall not apply to or in relation to construction work included in a project where the client has reasonable grounds for believing that —
a
the project is not notifiable; and
b
the largest number of persons at work at any one time carrying out construction work included in the project will be or, as the case may be, is less than 5.
3
These Regulations shall apply to and in relation to construction work which is the demolition or dismantling of a structure notwithstanding paragraph (2).
4
These Regulations shall not apply to or in relation to construction work in respect of which the local authority within the meaning of regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1989 is the enforcing authority.
5
Regulation 14(b) shall not apply to projects in which no more than one designer is involved.
6
Regulation 16(1)(a) shall not apply to projects in which no more than one contractor is involved.
7
Where construction work is carried out or managed in-house or a design is prepared in-house, then, for the purposes of paragraphs (5) and (6), each part of the undertaking of the employer shall be treated as a person and shall be counted as a designer or, as the case may be, contractor, accordingly.
8
Except where regulation 5 applies, regulations 4, 6, 8 to 12 and 14 to 19 shall not apply to or in relation to construction work included or intended to be included in a project carried out for a domestic client.
Clients and agents of clients
4
1
A client may appoint an agent or another client to act as the only client in respect of a project and where such an appointment is made the provisions of paragraphs (2) to (5) shall apply.
2
No client shall appoint any person as his agent under paragraph (1) unless the client is reasonably satisfied that the person he intends to appoint as his agent has the competence to perform the duties imposed on a client by these Regulations.
3
Where the person appointed under paragraph (1) makes a declaration in accordance with paragraph (4), then, from the date of receipt of the declaration by the Executive, such requirements and prohibitions as are imposed by these Regulations upon a client shall apply to the person so appointed (so long as he remains as such) as if he were the only client in respect of that project.
4
A declaration in accordance with this paragraph —
a
is a declaration in writing, signed by or on behalf of the person referred to in paragraph (3), to the effect that the client or agent who makes it will act as client for the purposes of these Regulations; and
b
shall include the name of the person by or on behalf of whom it is made, the address where documents may be served on that person and the address of the construction site; and
c
shall be sent to the Executive.
5
Where the Executive receives a declaration in accordance with paragraph (4), it shall give notice to the person by or on behalf of whom the declaration is made and the notice shall include the date the declaration was received by the Executive.
6
Where the person referred to in paragraph (3) does not make a declaration in accordance with paragraph (4), any requirement or prohibition imposed by these Regulations on a client shall also be imposed on him but only to the extent it relates to any matter within his authority.
Requirements on developer
5
1
This regulation applies where the project is carried out for a domestic client and the client enters into an arrangement with a person (in this regulation called “the developer”) who carries on a trade, business or other undertaking (whether for profit or not) in connection with which —
a
land or an interest in land is granted or transferred to the client; and
b
the developer undertakes that construction work will be carried out on the land; and
c
following the construction work, the land will include premises which, as intended by the client, will be occupied as a residence.
2
Where this regulation applies, with effect from the time the client enters into the arrangement referred to in paragraph (1), the requirements of regulations 6 and 8 to 12 shall apply to the developer as if he were the client.
Appointments of planning supervisor and principal contractor
6
1
Subject to paragraph (6)(b), every client shall appoint —
a
a planning supervisor; and
b
a principal contractor,
in respect of each project.
2
The client shall not appoint as principal contractor any person who is not a contractor.
3
The planning supervisor shall be appointed as soon as is practicable after the client has such information about the project and the construction work involved in it as will enable him to comply with the requirements imposed on him by regulations 8(1) and 9(1).
4
The principal contractor shall be appointed as soon as is practicable after the client has such information about the project and the construction work involved in it as will enable the client to comply with the requirements imposed on him by regulations 8(3) and 9(3) when making an arrangement with a contractor to manage construction work where such arrangement consists of the appointment of the principal contractor.
5
The appointments mentioned in paragraph (1) shall be terminated, changed or renewed as necessary to ensure that those appointments remain filled at all times until the end of the construction phase.
6
Paragraph (1) does not prevent —
a
the appointment of the same person as planning supervisor and as principal contractor provided that person is competent to carry out the functions under these Regulations of both appointments; or
b
the appointment of the client as planning supervisor or as principal contractor or as both, provided the client is competent to perform the relevant functions under these Regulations.
Notification of project
7
1
The planning supervisor shall ensure that notice of the project in respect of which he is appointed is given to the Executive in accordance with paragraphs (2) to (4) unless the planning supervisor has reasonable grounds for believing that the project is not notifiable.
2
Any notice required by paragraph (1) shall be given in writing or in such other manner as the Executive may from time to time approve in writing and shall contain the particulars specified in paragraph (3) or, where applicable, paragraph (4) and shall be given at the times specified in those paragraphs.
3
Notice containing such of the particulars specified in Schedule 1 as are known or can reasonably be ascertained shall be given as soon as is practicable after the appointment of the planning supervisor.
4
Where any particulars specified in Schedule 1 have not been notified under paragraph (3), notice of such particulars shall be given as soon as is practicable after the appointment of the principal contractor and, in any event, before the start of construction work.
5
Where a project is carried out for a domestic client then, except where regulation 5 applies, every contractor shall ensure that notice of the project is given to the Executive in accordance with paragraph (6) unless the contractor has reasonable grounds for believing that the project is not notifiable.
6
Any notice required by paragraph (5) shall —
a
be in writing or such other manner as the Executive may from time to time approve in writing;
b
contain such of the particulars specified in Schedule 1 as are relevant to the project; and
c
be given before the contractor or any person at work under his control starts to carry out construction work.
Competence of planning supervisor, designers and contractors
8
1
No client shall appoint any person as planning supervisor in respect of a project unless the client is reasonably satisfied that the person he intends to appoint has the competence to perform the functions of planning supervisor under these Regulations in respect of that project.
2
No person shall arrange for a designer to prepare a design unless he is reasonably satisfied that the designer has the competence to prepare that design.
3
No person shall arrange for a contractor to carry out or manage construction work unless he is reasonably satisfied that the contractor has the competence to carry out or, as the case may be, manage, that construction work.
4
Any reference in this regulation to a person having competence shall extend only to his competence —
a
to perform any requirement; and
b
to conduct his undertaking without contravening any prohibition,
imposed on him by or under any of the relevant statutory provisions.
Provision for health and safety
9
1
No client shall appoint any person as planning supervisor in respect of a project unless the client is reasonably satisfied that the person he intends to appoint has allocated or, as appropriate, will allocate adequate resources to enable him to perform the functions of planning supervisor under these Regulations in respect of that project.
2
No person shall arrange for a designer to prepare a design unless he is reasonably satisfied that the designer has allocated or, as appropriate, will allocate adequate resources to enable the designer to comply with regulation 13.
3
No person shall arrange for a contractor to carry out or manage construction work unless he is reasonably satisfied that the contractor has allocated or, as appropriate, will allocate adequate resources to enable the contractor to comply with the requirements and prohibitions imposed on him by or under the relevant statutory provisions.
Start of construction phase
10
Every client shall ensure, so far as is reasonably practicable, that the construction phase of any project does not start unless a health and safety plan complying with regulation 15(4) has been prepared in respect of that project.
Client to ensure information is available
11
1
Every client shall ensure that the planning supervisor for any project carried out for the client is provided (as soon as is reasonably practicable but in any event before the commencement of the work to which the information relates) with all information mentioned in paragraph (2) about the state or condition of any premises at or on which construction work included or intended to be included in the project is or is intended to be carried out.
2
The information required to be provided by paragraph (1) is information which is relevant to the functions of the planning supervisor under these Regulations and which the client has or could ascertain by making enquiries which it is reasonable for a person in his position to make.
Client to ensure health and safety file is available for inspection
12
1
Every client shall take such steps as it is reasonable for a person in his position to take to ensure that the information in any health and safety file which has been delivered to him is kept available for inspection by any person who may need information in the file for the purpose of complying with the requirements and prohibitions imposed on him by or under the relevant statutory provisions.
2
It shall be sufficient compliance with paragraph (1) by a client who disposes of his entire interest in the property of the structure if he delivers the health and safety file for the structure to the person who acquires his interest in the property of the structure and ensures such person is aware of the nature and purpose of the health and safety file.
Requirements on designer
13
1
Except where a design is prepared in-house, no employer shall cause or permit any employee of his to prepare, and no self-employed person shall prepare, a design in respect of any project unless he has taken reasonable steps to ensure that the client for that project is aware of the duties to which the client is subject by virtue of these Regulations and of any practical guidance issued from time to time by the Commission with respect to the requirements of these Regulations.
2
Every designer shall —
a
ensure that any design he prepares and which he is aware will be used for the purposes of construction work includes among the design considerations adequate regard to the need —
i
to avoid foreseeable risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work,
ii
to combat at source risks to the health and safety of any person at work carrying out construction work or cleaning work in or on the structure at any time, or of any person who may be affected by the work of such a person at work, and
iii
to give priority to measures which will protect all persons at work who may carry out construction work or cleaning work at any time and all persons who may be affected by the work of such persons at work over measures which only protect each person carrying out such work;
b
ensure that the design includes adequate information about any aspect of the project or structure or materials (including articles or substances) which might affect the health or safety of any person at work carrying out construction work or cleaning work in or on the structure at any time or of any person who may be affected by the work of such a person at work; and
c
co-operate with the planning supervisor and with any other designer who is preparing any design in connection with the same project or structure so far as is necessary to enable each of them to comply with the requirements and prohibitions placed on him in relation to the project by or under the relevant statutory provisions.
3
Sub-paragraphs (a) and (b) of paragraph (2) shall require the design to include only the matters referred to therein to the extent that it is reasonable to expect the designer to address them at the time the design is prepared and to the extent that it is otherwise reasonably practicable to do so.
Requirements on planning supervisor
14
The planning supervisor appointed for any project shall —
a
ensure, so far as is reasonably practicable, that the design of any structure comprised in the project —
i
includes among the design considerations adequate regard to the needs specified in heads (i) to iii) of regulation 13(2)(a), and
ii
includes adequate information as specified in regulation 13(2)(b);
b
take such steps as it is reasonable for a person in his position to take to ensure co-operation between designers so far as is necessary to enable each designer to comply with the requirements placed on him by regulation 13;
c
be in a position to give adequate advice to —
i
any client and any contractor with a view to enabling each of them to comply with regulations 8(2) and 9(2), and to (ii) any client with a view to enabling him to comply with regulations 8(3), 9(3) and 10;
d
ensure that a health and safety file is prepared in respect of each structure comprised in the project containing —
i
information included with the design by virtue of regulation 13(2)(b), and
ii
any other information relating to the project which it is reasonably foreseeable will be necessary to ensure the health and safety of any person at work who is carrying out or will carry out construction work or cleaning work in or on the structure or of any person who may be affected by the work of such a person at work;
e
review, amend or add to the health and safety file prepared by virtue of sub-paragraph (d) of this regulation as necessary to ensure that it contains the information mentioned in that sub-paragraph when it is delivered to the client in accordance with sub-paragraph (f) of this regulation; and
f
ensure that, on the completion of construction work on each structure comprised in the project, the health and safety file in respect of that structure is delivered to the client.
Requirements relating to the health and safety plan
15
1
The planning supervisor appointed for any project shall ensure that a health and safety plan in respect of the project has been prepared no later than the time specified in paragraph (2) and contains the information specified in paragraph (3).
2
The time when the health and safety plan is required by paragraph (1) to be prepared is such time as will enable the health and safety plan to be provided to any contractor before arrangements are made for the contractor to carry out or manage construction work.
3
The information required by paragraph (1) to be contained in the health and safety plan is —
a
a general description of the construction work comprised in the project;
b
details of the time within which it is intended that the project, and any intermediate stages, will be completed;
c
details of risks to the health or safety of any person carrying out the construction work so far as such risks are known to the planning supervisor or are reasonably foreseeable;
d
any other information which the planning supervisor knows or could ascertain by making reasonable enquiries and which it would be necessary for any contractor to have if he wished to show —
i
that he has the competence on which any person is required to be reasonably satisfied by regulation 8, or
ii
that he has allocated or, as appropriate, will allocate, adequate resources on which any person is required to be reasonably satisfied by regulation 9;
e
such information as the planning supervisor knows or could ascertain by making reasonable enquiries and which it is reasonable for the planning supervisor to expect the principal contractor to need in order for him to comply with the requirement imposed on him by paragraph (4); and
f
such information as the planning supervisor knows or could ascertain by making reasonable enquiries and which it would be reasonable for any contractor to know in order to understand how he can comply with any requirements placed upon him in respect of welfare by or under the relevant statutory provisions.
4
The principal contractor shall take such measures as it is reasonable for a person in his position to take to ensure that the health and safety plan contains until the end of the construction phase the following features:
a
arrangements for the project (including, where necessary, for management of construction work and monitoring of compliance with the relevant statutory provisions) which will ensure, so far as is reasonably practicable, the health and safety of all persons at work carrying out the construction work and all persons who may be affected by the work of such persons at work, taking account of —
i
risks involved in the construction work,
ii
any activity specified in paragraph (5); and
b
sufficient information about arrangements for the welfare of persons at work by virtue of the project to enable any contractor to understand how he can comply with any requirements placed upon him in respect of welfare by or under the relevant statutory provisions.
5
An activity is an activity referred to in paragraph (4)(a)(ii) if —
a
it is an activity of persons at work; and
b
it is carried out in or on the premises where construction work is or will be carried out; and
c
either —
i
the activity may affect the health or safety of persons at work carrying out the construction work or persons who may be affected by the work of such persons at work, or
ii
the health or safety of the persons at work carrying out the activity may be affected by the work of persons at work carrying out the construction work.
Requirements on and powers of principal contractor
16
1
The principal contractor appointed for any project shall —
a
take reasonable steps to ensure co-operation between all contractors (whether they are sharing the construction site for the purposes of regulation 9 of the Management of Health and Safety at Work Regulations 1992 or otherwise) so far as is necessary to enable each of those contractors to comply with the requirements and prohibitions imposed on him by or under the relevant statutory provisions relating to the construction work;
b
ensure, so far as is reasonably practicable, that every contractor, and every employee at work in connection with the project complies with any rules contained in the health and safety plan;
c
take reasonable steps to ensure that only authorised persons are allowed into any premises or part of premises where construction work is being carried out;
d
ensure that the particulars required to be in any notice given under regulation 7 are displayed in a readable condition in a position where they can be read by any person at work on construction work in connection with the project; and
e
promptly provide the planning supervisor with any information which —
i
is in the possession of the principal contractor or which he could ascertain by making reasonable enquiries of a contractor, and
ii
it is reasonable to believe the planning supervisor would include in the health and safety file in order to comply with the requirements imposed on him in respect thereof in regulation 14, and
iii
is not in the possession of the planning supervisor.
2
The principal contractor may —
a
give reasonable directions to any contractor so far as is necessary to enable the principal contractor to comply with his duties under these Regulations;
b
include in the health and safety plan rules for the management of the construction work which are reasonably required for the purposes of health and safety.
3
Any rules contained in the health and safety plan shall be in writing and shall be brought to the attention of persons who may be affected by them.
Information and training
17
1
The principal contractor appointed for any project shall ensure, so far as is reasonably practicable, that every contractor is provided with comprehensible information on the risks to the health or safety of that contractor or of any employees or other persons under the control of that contractor arising out of or in connection with the construction work.
2
The principal contractor shall ensure, so far as is reasonably practicable, that every contractor who is an employer provides any of his employees at work carrying out the construction work with —
a
any information which the employer is required to provide to those employees in respect of that work by virtue of regulation 8 of the Management of Health and Safety at Work Regulations 1992; and
b
any health and safety training which the employer is required to provide to those employees in respect of that work by virtue of regulation 11(2)(b) of the Management of Health and Safety at Work Regulations 1992.
Advice from, and views of, persons at work
18
The principal contractor shall —
a
ensure that employees and self-employed persons at work on the construction work are able to discuss, and offer advice to him on, matters connected with the project which it can reasonably be foreseen will affect their health or safety; and
b
ensure that there are arrangements for the co-ordination of the views of employees at work on construction work, or of their representatives, where necessary for reasons of health and safety having regard to the nature of the construction work and the size of the premises where the construction work is carried out.
Requirements and prohibitions on contractors
19
1
Every contractor shall, in relation to the project —
a
co-operate with the principal contractor so far as is necessary to enable each of them to comply with his duties under the relevant statutory provisions;
b
so far as is reasonably practicable, promptly provide the principal contractor with any information (including any relevant part of any risk assessment in his possession or control made by virtue of the Management of Health and Safety at Work Regulations 1992) which might affect the health or safety of any person at work carrying out the construction work or of any person who may be affected by the work of such a person at work or which might justify a review of the health and safety plan;
c
comply with any directions of the principal contractor given to him under regulation 16(2)(a);
d
comply with any rules applicable to him in the health and safety plan;
e
promptly provide the principal contractor with the information in relation to any death, injury, condition or dangerous occurrence which the contractor is required to notify or report by virtue of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 ; and
f
promptly provide the principal contractor with any information which —
i
is in the possession of the contractor or which he could ascertain by making reasonable enquiries of persons under his control, and
ii
it is reasonable to believe the principal contractor would provide to the planning supervisor in order to comply with the requirements imposed on the principal contractor in respect thereof by regulation 16(1)(e), and
iii
which is not in the possession of the principal contractor.
2
No employer shall cause or permit any employee of his to work on construction work unless the employer has been provided with the information mentioned in paragraph (4).
3
No self-employed person shall work on construction work unless he has been provided with the information mentioned in paragraph (4).
4
The information referred to in paragraphs (2) and (3) is —
a
the name of the planning supervisor for the project;
b
the name of the principal contractor for the project; and
c
the contents of the health and safety plan or such part of it as is relevant to the construction work which any such employee or, as the case may be, which the self-employed person, is to carry out.
5
It shall be a defence in any proceedings for contravention of paragraph (2) or (3) for the employer or self-employed person to show that he made all reasonable enquiries and reasonably believed —
a
that he had been provided with the information mentioned in paragraph (4); or
b
that, by virtue of any provision in regulation 3, this regulation did not apply to the construction work.
Extension outside Great Britain
20
These Regulations shall apply to any activity to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 other than the activities specified in sub-paragraphs (b), (c) and (d) of that article as they apply to any such activity in Great Britain.
Exclusion of civil liability
21
Breach of a duty imposed by these Regulations, other than those imposed by regulation 10 and regulation 16(1)(c), shall not confer a right of action in any civil proceedings.
Enforcement
22
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall be the Executive.
Transitional provisions
23
Schedule 2 shall have effect with respect to projects which have started, but the construction phase of which has not ended, when these Regulations come into force.
Repeals, revocations and modifications
24
1
Subsections (6) and (7) of section 127 of the Factories Act 1961 are repealed.
2
Regulations 5 and 6 of the Construction (General Provisions) Regulations 1961 are revoked.
3
The Construction (Notice of Operations and Works) Order 1965 is revoked.
4
For item (i) of paragraph 4(a) of Schedule 2 to the Health and Safety (Enforcing Authority) Regulations 1989, the following item shall be substituted —
i
regulation 7(1) of the Construction (Design and Management) Regulations 1994 ( S.I.1994/3140 ) (which requires projects which include or are intended to include construction work to be notified to the Executive) applies to the project which includes the work; or
.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
19th December 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Bexley) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Bexley except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Bexley as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Bexley) Order 1994.
Modification of the Road Traffic Act 1991
5
1
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Bexley as if the words from “charges made by” onwards were omitted.
2
Section 77 of the 1991 Act shall have effect in relation to the London borough of Bexley as if subsection (4) and (5) were omitted.
3
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 76 and 77”.
4
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Harlow District Council) Order 1994 and shall come into force on 4th February 1994.
2
The maintenance of ground by the Harlow District Council shall not be treated as a defined activity so long as it is carried out before 1st January 1995 and either —
a
consists of the planting and tending of trees, hedges, shrubs, flowers and other plants, or
b
is carried out within any of the following areas:
i
the wards of Hare Street, Little Parndon, Katherines, Sumners, Great Parndon or Kingsmoor;
ii
so much of the area of the ward of Netteswell West as is bounded to the south by Edinburgh Way, to the west by Fifth Avenue, to the east by the boundary of the wards of Netteswell West and Mark Hall North, and to the north by the boundary of the district.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
10th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the Barnet Health Authority;
“the Trust” means the Barnet Community 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 14th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Hammersmith Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Hammersmith Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Hammersmith Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Hammersmith Hospital, Du Cane Road, London W12 0HS, Acton Hospital, Gunnersbury Lane, London W3 8EG, Queen Charlotte’s and Chelsea Hospital, Goldhawk Road, London W6 0XG, and Charing Cross Hospital, Fulham Palace Road, London W6 8RF (including the management of teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North West Thames Regional Health Authority and the Hammersmith and Queen Charlotte’s Special Health Authority, in accordance with such directions, if any, as the Secretary of State may give under section 17 of the National Health Service Act 1977 , shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust;
c
discharge the liabilities of the trust incurred between the establishment date and the operational date that are of a description specified in paragraph (2) of this article; and
d
make the scheme under section 6 of the Act for the transfer of staff to the trust.
2
The liabilities referred to in paragraph (1)(c) of this article are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
1
This Order may be cited as the Portsmouth College of Art, Design and Further Education (Dissolution) Order 1994 and shall come into force on 1st August 1994.
2
On 1st August 1994 the College shall be dissolved and all of its property, rights and liabilities shall be transferred to the University, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the College immediately before 1st August 1994 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1994;
c
to the transferor were to the College; and
d
to the corporation were to the University.
John Patten
Secretary of State for Education
1st July 1994


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 1994 and shall come into force on 6th April 1994.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years shall be 1.8 per cent.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1994


text:
PART I
INTRODUCTION
Preliminaries
1
1
These Regulations may be cited as the Motor Vehicle Tyres (Safety) Regulations 1994.
2
These Regulations, other than regulations 5, 7 and 10, shall come into force on 1st January 1995.
3
Regulation 5 of these Regulations shall come into force on 1st June 1997.
4
Regulations 7 and 10 of these Regulations shall come into force on 1st June 1995.
5
The Regulations specified in Schedule 3 to these Regulations are hereby revoked.
6
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 11 of the Consumer Protection Act 1987 to the exclusion of powers conferred by section 2(2) of the European Communities Act 1972.
Interpretation
2
1
In these Regulations —
“the Construction and Use Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 as from time to time amended;
“approval mark” means a mark of a description specified in ECE Regulation 30, 30.01, 30.02, 54 or 75 or in EC Directive 92/23 which, when applied to a tyre, indicates that the tyre conforms with a type in respect of which approval has been granted pursuant to that instrument;
“ BS AU 144b: 1977 ” means the British Standard Automobile Series: Specification for retreaded car and commercial vehicle tyres published by the British Standards Institution under reference BS AU 144b: 1977 on 29th July 1977;
“ BS AU 144c: 1988 ” means the British Standard Automobile Series: Specification for retreaded car and commercial vehicle tyres published by the British Standards Institution under reference BS AU 144c: 1988 on 30th September 1988;
“ BS AU 144d: 1988 ” means BS AU 144c: 1988 as amended by Amendment No. 1 (reference AMD 6592) published on 31st August 1990;
“ BS AU 144e: 1988 ” means BS AU 144c: 1988 as amended by Amendment No. 1 (reference AMD 6592) published on 31st August 1990 and by Amendment No. 2 (reference AMD 7506) published on 15th December 1992;
“ BS AU 159e: 1990 ” means the British Standard Automobile Series: Specification for repairs to tyres for motor vehicles used on the public highway published by the British Standards Institution under reference BS AU 159d: 1990 as amended by Amendment No. 1 (reference AMD 8216) published on 15th June 1994;
“commercial vehicle” means a motor vehicle which is —
a goods vehicle with 4 or more wheels, or
a passenger vehicle with more than 8 seats in addition to the driver’s seat;
“EC Directive 92/23” means Council Directive 92/23/ EEC ;
“passenger car” means a motor vehicle which —
is a passenger vehicle or dual-purpose vehicle;
has no more than 8 seats in addition to the driver’s seat; and
has 4 or more wheels;
“tyre” means a pneumatic tyre as defined in regulation 3(2) of the Construction and Use Regulations.
2
For the purposes of these Regulations the following expressions have the same meanings as in the Road Traffic Act 1988 —
“goods vehicle”;
“motor cycle”;
“motor vehicle”;
“trailer” (except where it appears in the expression “light trailer”);
“road”.
3
A reference in these Regulations to a British Standard Specification is a reference to BS AU 144b: 1977, BS AU 144c: 1988, BS AU 144d: 1988, BS AU 144e: 1988 or BS AU 159e: 1990.
4
In these Regulations, in relation to a retreaded tyre, —
a
a reference to a part-worn tyre is a reference to a tyre that has been used after the tyre was retreaded; and
b
a reference to a tyre that has been repaired is a reference to a tyre that has been repaired after it has been so used.
5
For the purposes of these Regulations the expressions listed in the left-hand column of the Table below shall have the meanings given by the provisions of the Construction and Use Regulations listed in the right-hand column in relation to those expressions.
Expression Provision
“agricultural motor vehicle” regulation 3 “agricultural trailer” regulation 3 “agricultural trailed appliance” regulation 3 “bias-belted tyre” regulation 26 “breadth of tread” regulation 27 “diagonal-ply tyre” regulation 26 “dual-purpose vehicle” regulation 3 “light trailer” regulation 3 “original tread pattern” regulation 27 “passenger vehicle” regulation 3
6
A reference in these Regulations to the supply of a tyre includes offering to supply, agreeing to supply, exposing for supply or possessing for supply; and cognate expressions shall be construed accordingly.
7
A reference to a tyre-size designation is a reference to a designation described in paragraph 2.18 of ECE Regulation 30 or 30.01, paragraph 2.17 of ECE Regulation 30.02, paragraph 2.17 of ECE Regulation 54 or paragraph 2.17 of Annex II to EC Directive 92/23.
8
A reference to an ECE Regulation shall be construed in accordance with Schedule 1 to these Regulations.
9
Unless the context otherwise requires, any reference in the following provisions of these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
Application to Northern Ireland
3
Schedule 2 to these Regulations (modifications in relation to Northern Ireland) shall have effect.
PART II
REQUIREMENTS RELATING TO THE SUPPLY OF TYRES
Supply of new passenger car and light trailer tyres
4
Subject to Part III of these Regulations, no person shall supply any tyre (not being a retreaded or part-worn tyre) designed so as to be capable of being fitted to a wheel of a passenger car or light trailer unless the tyre is marked with an approval mark in accordance with the requirements of ECE Regulation 30, 30.01, 30.02 or 54 or of EC Directive 92/23.
Supply of new motor cycle tyres
5
Subject to Part III of these Regulations, no person shall supply any tyre (not being a retreaded or part-worn tyre) designed so as to be capable of being fitted to a wheel of a motor cycle unless the tyre is marked with an approval mark in accordance with the requirements of ECE Regulation 30, 30.01, 30.02, 54 or 75 or of EC Directive 92/23.
Supply of retreaded tyres
6
1
Subject to Part III of these Regulations, no person shall supply any retreaded tyre (not being a part-worn tyre) designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer unless the following requirements are met in respect of the tyre.
2
The tyre must not bear any mark indicating that it complies with the requirements of ECE Regulation 30, 30.01, 30.02 or 54 or of EC Directive 92/23.
3
The tyre must be marked in accordance with paragraph 6 of BS AU 144e.
4
If the tyre has been repaired during the course of retreading, it must have been properly repaired.
Supply of part-worn tyres
7
1
Subject to Part III of these Regulations, no person shall supply —
a
any part-worn tyre (not being a retreaded tyre) designed so as to be capable of being fitted to a wheel of a motor vehicle or trailer; or
b
any part-worn retreaded tyre designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer,
unless the following requirements are met.
2
The tyre must not have —
a
any cut in excess of 25 millimetres or 10 per cent. of the section width of the tyre, whichever is the greater, measured in any direction on the outside of the tyre and deep enough to reach the ply or cord;
b
any internal or external lump, bulge or tear caused by the separation or partial failure of its structure; or
c
any of the ply or cord exposed internally or externally.
3
When inflated to the highest pressure at which it is designed to operate, the tyre must not exhibit any of the external defects described in paragraph (2).
4
The base of any groove which showed in the original tread pattern of the tyre must be clearly visible.
5
The grooves of the original tread pattern of the tyre must be of a depth of at least 2 millimetres across the full breadth of tread and round the entire outer circumference of the tyre.
6
If the tyre has not been retreaded and is designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer, it must bear —
a
an approval mark, being a mark that was moulded on to or into the tyre at the time that it was manufactured and that is in accordance with the requirements of ECE Regulation 30, 30.01, 30.02 or 54 or of EC Directive 92/23; and
b
immediately adjacent to every approval mark borne by the tyre, a mark that meets the requirements of paragraph (12).
7
If the tyre has not been retreaded and is designed so as to be capable of being fitted to a wheel of a passenger car, commercial vehicle or trailer, it must bear a speed category symbol and load-capacity index, being marks that were moulded on to or into the tyre at the time that it was manufactured and that are in accordance with the requirements of ECE Regulation 30, 30.01, 30.02 or 54 or of EC Directive 92/23.
8
If the tyre has been retreaded,
a
it must bear the mark “BS AU 144b”, “BS AU 144c”, “BS AU 144d” or “BS AU 144e”;
b
the mark must have been permanently and legibly applied to the tyre at the time that it was retreaded; and
c
it must bear, immediately adjacent to every mark of a description specified in sub-paragraph (a) and borne by the tyre, a mark that meets the requirements of paragraph (12).
9
If the tyre has been retreaded and bears the mark “BS AU 144e”, it must bear a speed category symbol and load-capacity index, being marks that were permanently and legibly applied to the tyre at the time that it was manufactured or retreaded and that are in accordance with BS AU 144e: 1988.
10
If the tyre has been repaired, it must have been properly repaired.
11
Without prejudice to paragraph (10), if the tyre has been repaired, it must meet the requirements of paragraph 7 of BS AU 159e: 1990 (which include marking requirements) and the requirements of paragraphs 4, 5 and 6 of that instrument must have been met in relation to the repair.
12
In order for a mark to meet the requirements of this paragraph, it must consist of the word “PART-WORN” in uppercase letters at least 4 millimetres high and must have been permanently and legibly applied to the tyre other than by hot branding or otherwise cutting into the tyre.
PART III
EXEMPTIONS
Interpretation of Part III
8
1
For the purposes of this Part of these Regulations, an exempt tyre is a tyre which falls within any of the descriptions set out below —
a
a bias-belted tyre or a diagonal-ply tyre, being a tyre designed for fitting to a wheel of a motor vehicle or trailer manufactured before 1st January 1949;
b
a tyre constructed solely for use off roads and bearing words or letters which indicate that use and which were moulded on to or into the tyre at the time of manufacture;
c
a tyre constructed solely for use on vehicles in competitions and bearing words or letters which indicate that use and which were moulded on to or into the tyre at the time of manufacture;
d
a tyre bearing one of the following tyre-size designations namely: 185R16, 125R400, 135R400, 145R400, 155R400, 165R400, 175R400 or 185R400, being a mark that was moulded on to or into the tyre at the time of manufacture;
e
a tyre designed primarily for fitting to a wheel of a vehicle manufactured before 1st January 1933.
2
For the purposes of this Part of these Regulations, a tyre is supplied in exempt circumstances if —
a
the tyre is constructed solely for use on a vehicle for the purposes of tests or trials of the tyre, and
b
the supply is other than in the course of a retail trade or business,
or if the supply of the tyre is by a person who reasonably believes that the tyre will not be used in the United Kingdom.
Exemptions applicable to the supply of new tyres and retreaded tyres
9
Regulations 4, 5 and 6 do not apply to the supply of an exempt tyre or to the supply of a tyre in exempt circumstances.
Exemptions applicable to the supply of part-worn tyres
10
1
Where a complete vehicle is supplied by any person, regulation 7 does not apply to any tyre on a wheel of the vehicle or on any spare wheel supplied with the vehicle.
2
Regulation 7(6) to (9) does not apply to the supply of an exempt tyre or to the supply of a tyre in exempt circumstances.
3
Regulation 7(11) does not apply to —
a
a tyre designed primarily for fitting to a wheel of a vehicle manufactured before 1st January 1933;
b
a tyre of the limited run-flat type, or
c
a tyre designed primarily for fitting to a wheel of an agricultural motor vehicle, agricultural trailer or agricultural trailed appliance.
Transitional exemptions
11
1
Until 1st January 1997 regulations 4 and 6 shall not apply to the supply of a tyre constructed so as to be suitable for a vehicle travelling at a speed exceeding 210 km per hour and bearing the appropriate tyre-size designation and (in the vicinity of the tyre-size designation) the letters “VR” or “ZR”, both being marks that were moulded on to or into the tyre at the time of manufacture.
2
Until 1st January 1997 these Regulations shall not apply to the supply of a bias-belted tyre or a diagonal-ply tyre.
3
Until 1st December 1995 regulation 6(3) shall not apply to the supply of a tyre which is marked in accordance with paragraph 10 of BS AU 144b: 1977, with paragraph 6 of BS AU 144c: 1988 or with paragraph 6 of BS AU 144d: 1988.
PART IV
GENERAL PROVISIONS
Misleading marks
12
1
No person shall supply a tyre designed so as to be capable of being fitted to a wheel of a motor vehicle or trailer if it bears —
a
an approval mark;
b
any mark not falling within sub-paragraph (a) which is of a description specified in any standard (including a British Standard Specification), technical specification or code of practice relating (in each case) to retreaded tyres and which indicates compliance with the requirements of that instrument; or
c
any mark referred to in regulation 8(1)(d) of these Regulations,
and any indication given by that mark taken by itself or that mark as read with any other mark on the tyre is false.
2
Where —
a
a person supplies a tyre (not being a retreaded tyre) which bears a mark falling within paragraph (1)(a) or supplies a retreaded tyre which bears a mark falling within paragraph (1)(b); and
b
the tyre is not part-worn,
the indications given by the mark shall be deemed, for the purposes of this regulation only, to include an indication that the tyre complied at the time of manufacture (in the case of a tyre that is not a retreaded tyre), or at the time of retreading (in the case of a retreaded tyre), and (in either case) at the time of supply, with the requirements of the instrument to which the mark relates.
3
Where —
a
a person supplies a tyre (not being a retreaded tyre) which bears a mark falling within paragraph (1)(a) or supplies a retreaded tyre which bears a mark falling within paragraph (1)(b); and
b
the tyre is part-worn and is marked in accordance with regulation 7(6)(b) or (8)(c) as the case may be,
the indications given by the mark referred to in sub-paragraph (a) shall be deemed, for the purposes of this regulation only, to include an indication that the tyre complied at the time of manufacture (in the case of a tyre that is not a retreaded tyre), or at the time of retreading (in the case of a retreaded tyre), with the requirements of the instrument to which the mark relates, but does not (in either case) necessarily so comply at the time of supply.
4
A mark which so nearly resembles a mark falling within paragraph (1)(a), (b) or (c) as to be likely to be taken for such a mark shall be treated for the purposes of this regulation only as if it were a mark of the kind which it so resembles.
Equivalent standards
13
1
Nothing in these Regulations shall make it unlawful to supply a tyre if it would not be unlawful to supply the tyre were there substituted, for a reference in these Regulations to any provision in a British Standard Specification, a reference to an equivalent provision in a corresponding standard.
2
In this regulation, “corresponding standard”, in relation to a British Standard Specification, means —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to tyres, a level of safety equivalent to that provided by the British Standard Specification and contains a requirement as respects the marking of tyres equivalent to that provided by that instrument.
3
In this regulation —
“EEA State” means a state which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the State of Liechtenstein; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
7th December 1994


text:
Citation and commencement
1
This Order may be cited as the Bowes Extension Light Railway Order 1993 and shall come into force on 4th March 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:
“the Borough Council” means the Gateshead Metropolitan Borough Council in the County of Tyne and Wear;
“the City Council” means the Sunderland City Council in the County of Tyne and Wear;
“the Company” means The Bowes Railway Company Limited incorporated under the Companies Act 1985 and whose registered office is at the Town Hall and Civic Centre, Burdon Road, Sunderland, SR2 7DN;
“the Corporation” means the British Coal Corporation (formerly the National Coal Board);
“the principal Act ” means the Light Railways Act 1896;
“the former railway” means the former railway of the Corporation described in the Schedule to this Order;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 4 of this Order and such parts thereof as shall have been constructed for the time being;
“the Council’s railway” means the railway authorised to be constructed, made and maintained by The Tyne and Wear County Council (Bowes Railway) Light Railway Order 1981 and now operated under powers vested in the Borough Council and the City Council .
2
All directions and distances stated in the descriptions of the former railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 9, 11 to 15, 17, 32 to 44, 46 to 67, 94, 95, 97, 112, 113, and 115 to 124), section 22 of the Regulation of Railways Act 1868 (Communication between passengers and Company’s servants to be provided) and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 , are incorporated with and form part of this Order, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, and this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions.
2
In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” had been omitted.
Power to make railway
4
1
Subject to and in accordance with the provisions of this Order, the Company may on lands leased from the Borough Council and on the same line and levels as the former railway construct, make and maintain a railway together with all necessary works and conveniences connected therewith, including stations, premises, workshops and facilities, and work it as a light railway under the principal Act.
2
Subject to the provisions of this Order, the Company’s railway or any part of it shall be subject to all statutory and other provisions applicable to the former railway (insofar as they are still subsisting and effective) and the Company shall to the exclusion of the Corporation be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the former railway (insofar as aforesaid) with the intent that the Corporation shall be released from all such obligations.
3
Upon the expiration or sooner determination of any lease of lands granted by the Borough Council to the Company for the purposes of paragraph (1) of this article, the Borough Council shall be subject to all obligations statutory or otherwise relating to the Company’s railway (insofar as they are then still subsisting and effective).
Agreements with the Borough Council and the City Council
5
The Company may enter into agreements with the Borough Council and with the City Council or either of them as to the working of the Company’s railway in conjunction with and as an extension to the Council’s railway.
Gauge of railway and motive power
6
1
The Company’s railway shall be constructed to a gauge of 1435 millimetres (four feet eight and one half inches).
2
The motive power shall be:
a
steam, internal combustion or horse and applied to the trains by locomotive means; or
b
such other motive power as the Secretary of State may approve: Provided that 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:
Provided also that, 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 any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.
Restriction of conveyance of passengers
7
No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing 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.
As to footpath and bridleway level crossings
8
1
The Company may construct new footpath and bridleway level crossings at New Quarry, Eighton Banks and Galloping Green where the public footpath and bridleway diverted by the Borough Council parallel to the Company’s railway crosses the Company’s railway.
2
At each such crossing referred to in this article:
a
signs suitable for such a crossing shall be provided on each side of the railway facing persons approaching the crossing;
b
gates shall be provided on each side of the railway at each of the said crossings and shall open outwards away from the railway;
c
a whistle board of standard railway design shall be provided on each of the railway approaches to each of the said crossings at a distance of not less than 120 metres from each such crossing, or at such other distance as the Secretary of State may approve, and the Company shall cause trains passing between 0700 and 2330 hours to sound the train whistle.
For protection of public gas and electricity suppliers
9
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , or of any public electricity supplier, within the meaning of Part I of the Electricity Act 1989 , 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.
For protection of National Rivers Authority
10
For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the following provisions shall, unless otherwise agreed in writing between the Company and the Authority, apply and have effect:
1
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;
2
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 Company’s railway the Company shall furnish to the Authority proper and sufficient plans thereof for the approval of the Authority and shall not carry out the said works until the said plans have been approved in writing by the Authority, but such approval shall not be unreasonably withheld;
b
For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions;
3
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 Company’s 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;
4
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 Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in so doing from the Company as a debt due from it to the Authority;
5
Any dispute or difference which may arise between the Authority and the Company under this article shall be referred to and determined by a single arbitrator to be agreed upon between the parties or, failing such agreement, to be appointed by the President of the Institution of Civil Engineers on application of either party (after notice in writing to the other of them);
6
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary,
Department of Transport
3rd March 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (WORLDCOM INTERNATIONAL, INC) Order 1994 and shall come into force on 8th June 1994.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry 28th April 1994


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Welfare Services) Order 1994.
2
This Order shall apply in relation to local housing authorities in England only.
Excluded services
2
In respect of any year beginning on or after 1st April 1994 the provisions made by section 127 of the Leasehold Reform, Housing and Urban Development Act 1993 (accounting for housing welfare services) shall cease to apply in respect of the services described in the Schedule to this Order.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
12th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glasgow Community and Mental Health Services National Health Service Trust (Change of Name) (Establishment) Amendment Order 1994 and shall come into force on 24th January 1994.
2
In this Order “the principal Order ” means the Glasgow Community and Mental Health Services National Health Service Trust (Establishment) Order 1993( ).
Amendment of definition of “the trust”
2
In article 1 of the principal Order in the definition of “the trust” for the words “the Glasgow Community and Mental Health Services National Health Service Trust” there are substituted the words “the Greater Glasgow Community and Mental Health Services National Health Service Trust”.
Amendment of Article 2 of the principal Order
3
In article 2 of the principal Order for the words “the Glasgow Community and Mental Health Services National Health Service Trust” there are substituted the words “the Greater Glasgow Community and Mental Health Services National Health Service Trust”.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
18th January 1994