text:
PART I
PRELIMINARY
Commencement, citation and extent
1
1
These Regulations may be cited as the Motor Cycles (EC Type Approval) Regulations 1995 and shall come into force on 10th July 1995.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the motor cycle Directive ” means Council Directive 92/61/ EEC of 30th June 1992 relating to the type approval of two or three wheel motor vehicles;
“EC certificate of conformity” means any certificate of conformity issued by the holder of an EC type approval certificate —
under regulation 4, or
under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 7 of the Directive;
“EC type approval” means —
vehicle type approval in relation to a vehicle granted pursuant to the motor cycle Directive, or
component type approval granted pursuant to a separate Directive,and references to an application for EC type approval and other cognate expressions shall be construed accordingly;
“EC type approval certificate” means a type approval certificate issued —
under regulation 3(5), or
under any provision of the law of an EEA State other than the United Kingdom giving effect to Article 4 of the motor cycle Directive;
“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 ;
“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
“separate Directive” means a Directive specified in column (2) of an item in the Schedule to these Regulations.
2
Other expressions used in these Regulations which are also used in the motor cycle Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Unless the context otherwise requires, any reference in 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.
PART II
EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE
Applications for grant or amendment of EC type approval
3
1
An application for EC type approval may be made to the Secretary of State.
2
Such an application shall be in writing and accompanied by the documents required by Article 3 of the motor cycle Directive.
3
An application by the holder of an EC type approval certificate issued by the Secretary of State for the approval to be amended shall be made to the Secretary of State.
4
Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.
5
Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
6
Such a certificate shall be in the form required by the motor cycle Directive or the relevant separate Directive (as the case may be).
7
The Secretary of State may grant EC component type approval subject to restrictions on the use of, or conditions as respects the fitting of, a separate technical unit or component (as the case may be) of the type to which the approval relates and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
8
The Secretary of State may refuse to grant EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 5.
9
The Secretary of State may refuse to grant EC component type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 5, 7 or 8.
10
Without prejudice to paragraphs (8) and (9) the Secretary of State shall make any decision under this regulation in accordance with the motor cycle Directive and any relevant separate Directives and in particular the requirement of the motorcycle Directive that a member State granting EC type approval must ensure that adequate arrangements have been made to ensure that production vehicles, components and separate technical units (as the case may be) conform to the EC approved type.
EC certificates of conformity and approval marks
4
1
The holder of an EC vehicle type approval certificate granted by the Secretary of State shall comply with the requirements of the first sentence of Article 7(1) of the motor cycle Directive (holders of EC vehicle type approval to issue certificates of conformity).
2
The holder of an EC component type approval certificate granted by the Secretary of State shall comply with Articles 7(2) and (4) and 8 of the motor cycle Directive (holders of EC component type approval to issue certificates of conformity and affix markings) so far as those provisions are applicable.
Conformity of production
5
The holder of an EC type approval certificate granted by the Secretary of State shall comply with paragraphs 1.1 to 1.1.6 of Annex VI to the motor cycle Directive (provisions relating to checking the conformity of production).
Duty to co-operate with the Secretary of State
6
The holder of an EC type approval certificate granted by the Secretary of State shall permit the Secretary of State to carry out his obligations in relation to the approval under Article 4(3) and (5) of the motor cycle Directive or any similar provision under a separate Directive and shall cooperate with any person acting on behalf of the Secretary of State in connection with those obligations.
Information concerning restrictions on use of components and separate technical units
7
Where an EC component type approval certificate has, pursuant to regulation 3(5), been granted by the Secretary of State subject to restrictions, the holder shall comply with the requirements of Article 7(5) of the motor cycle Directive.
Information concerning separate technical units of non-original equipment
8
Where an EC component type approval for a separate technical unit of non-original equipment has, pursuant to regulation 3(5), been granted by the Secretary of State in connection with one or more types of vehicle, the holder shall comply with the requirements of Article 7(6) of the motor cycle Directive.
Withdrawal or suspension of EC type approval
9
1
If the Secretary of State, after an examination has been carried out on his behalf of two or more —
a
vehicles associated with a single EC vehicle type approval granted by him, or
b
separate technical units or components, being separate technical units or components associated with a single EC component type approval granted by him,is satisfied that there has been a failure to conform to the approved type on the part of each of those vehicles or, as the case may be, each of those vehicle components or separate technical units or components, he may by notice given to the holder withdraw the EC type approval.
2
If, as a result of carrying out the obligations of the United Kingdom under Article 4(3) of the motor cycle Directive (competent authorities to ensure that certain provisions of the Directive continue to be observed) in relation to an EC type approval granted by him, the Secretary of State is satisfied that —
a
the holder’s arrangement for ensuring that production vehicles, separate technical units or components (as the case may be) conform to the approved type are no longer adequate, or
b
without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulations 5, 6, 7 or 8, so far as those requirements are applicable,
the Secretary of State may by notice given to the holder suspend the EC type approval.
3
Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State must give the holder notice stating that he is considering withdrawing the approval and must give particulars of the grounds on which he is considering doing so.
4
Where the Secretary of State gives notice to a holder under paragraph (3) —
a
the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,
b
the Secretary of State must not decide to withdraw or suspend the approval until the expiration of that period, and
c
before deciding whether or not to withdraw or suspend the approval, the Secretary of State must take into account any such representations made by the holder during that period.
6
If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval is suspended.
7
A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
8
The Secretary of State may, by notice under paragraph (3) or by subsequent notice given to the holder, exempt from paragraph (6) such EC certificates of conformity or classes of EC certificates of conformity as are specified in the notice.
9
If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) in relation to an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.
10
For the purposes of this regulation —
a
a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and
b
a separate technical unit or component is associated with an EC component type approval if it has been marked with an approval mark and the marking relates to that type approval, or if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval.
PART III
MISCELLANEOUS
Forgery, false statements etc
10
1
A person who, with intent to deceive,
a
forges, alters or uses a document to which this paragraph applies, or
b
lends to, or allows to be used by, any other person a document to which this paragraph applies, or
c
makes or has in his possession any document so closely resembling a document to which this paragraph applies as to be calculated to deceive,shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
3
Paragraph (1) applies to an EC type approval certificate or an EC certificate of conformity.
4
A person who, in supplying information or producing documents for the purposes of these Regulations —
a
makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or
b
produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Duty to give reasons etc
11
1
A relevant notice shall specify the reasons for the decision to which it relates, the right to request a review under these Regulations and the time limit for making such a request.
2
In this regulation and regulation 12, “relevant notice” means a notice under —
a
regulation 3(4) or (7), or
b
regulation 9(1) or (2).
Review of decisions
12
1
Where the Secretary of State has given a relevant notice to a person, that person may by notice in writing request the Secretary of State to review the decision to which the relevant notice relates.
2
Such a request must be made by the person within 28 days from the date that he receives the relevant notice.
3
On any review under this regulation the Secretary of State may —
a
hold an inquiry in connection with it, and
b
appoint an assessor for the purpose of assisting him with the review or any such inquiry.
4
Section 180 of the 1988 Act shall apply to an inquiry under this regulation as it applies to an inquiry under that Act.
5
In its application to Northern Ireland by virtue of paragraph (4), section 180 of the 1988 Act shall have effect as if in paragraph (a) of subsection (2) after the word “Wales” there were inserted the words “or Northern Ireland”.
Service of notices
13
1
Any document required or authorised by virtue of these Regulations to be given to any person by the Secretary of State may be given —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or
b
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body, or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business.
2
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body,
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership,
and for the purposes of this regulation the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
3
If a person to be served by virtue of these Regulations with any document by the Secretary of State has specified to the Secretary of State an address within the United Kingdom other than his proper address (as determined in pursuance of paragraph (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this regulation and for the purposes of the said section 7 in its application to this regulation.
Provision of testing stations
14
The Secretary of State may provide and maintain stations where examinations of vehicles to which these Regulations apply and of components of such vehicles may be carried out for the purposes of these Regulations and may provide and maintain the apparatus for carrying out such examinations.
Transitional
15
The Secretary of State shall not grant EC vehicle type approval until, in relation to each of the subject matters shown in the second column of Annex I to the Motor Cycle Directive against which appear the letters “SD” —
a
a Community instrument has been made; and
b
member States are, by virtue of a Community obligation, required to have given legal effect to that instrument.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
10th June 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
— These Regulations may be cited as the Welfare Food (Amendment) Regulations 1995 and shall come into force on 22nd May 1995.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1988 .
Amendment of regulation 5 of the principal Regulations
2
In regulation 5(1) of the principal Regulations (purchase of welfare food) for “£3.50” there shall be substituted “£3.55”.
Amendment of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations (dried milk specified for the purpose of the Regulations) —
a
after the entry relating to Aptamil there shall be inserted the following entries —
Boots Formula 1 The Boots Company plc Boots Formula 2 The Boots Company plc; and
b
for the entry in column (2) “Farley Health Products Ltd” in both places where it occurs there shall be substituted the entry “H J Heinz Company Ltd”.
Revocation
4
Regulation 4 of the Welfare Food Amendment Regulations 1994 is hereby revoked.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State,
Department of Health
24th April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rhondda Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 23rd October 1995.
2
In this Order —
“the Authority” means the Mid Glamorgan Health Authority;
“the Trust ” means the Rhondda Health Care 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 27th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd October 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
5th September 1995


text:
1
This Order may be cited as the Vehicle Excise Duty (Designation of Small Islands) Order 1995 and shall come into force on 1st July 1995.
2
The islands listed in the Schedule to this Order are hereby designated as small islands for the purposes of paragraph 18 (meaning of island goods vehicle) of Schedule 1 to the Vehicle Excise and Registration Act 1994.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th May 1995


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 7) Order 1995.
2
Section 19 of the Criminal Justice and Public Order Act 1994 (extension of kinds of secure accommodation for certain young persons) shall come into force on 30th May 1995.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
24th May 1995


text:
PART I
GENERAL
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Reciprocal Enforcement of Maintenance Orders) (United States of America) 1995 and shall come into force on 8th January 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Interpretation
2
In this Act of Sederunt unless the context otherwise requires: —
“the Act of 1972 ” means the Maintenance Orders (Reciprocal Enforcement) Act 1972 as amended by the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995;
“court in a specified state” includes any judicial or administrative authority in a specified state;
“ Deputy Principal Clerk ” means the Deputy Principal Clerk of the Court of Session;
“register” means the register referred to in rule 13(1) of the Act of Sederunt (Maintenance Orders (Reciprocal Enforcement) Act 1972 Rules) 1974 ;
“sheriff clerk” includes the sheriff clerk depute;
“specified state” means a state specified in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995.
Application
3
1
The provisions of Part II of this Act of Sederunt shall apply for the purposes of the Act of 1972 to orders made by the Court of Session.
2
The provisions of Part III of this Act of Sederunt shall apply for the purposes of the Act of 1972 to orders made by or registered in the sheriff court.
Prescribed officer
4
1
For the purposes of Part I of the Act of 1972, the prescribed officer shall be —
a
in relation to the Court of Session, the Deputy Principal Clerk;
b
in relation to the sheriff court, the sheriff clerk.
2
For the purposes of the Act of 1972, the prescribed manner of communication by the Deputy Principal Clerk and the sheriff clerk shall be —
a
to an address within the United Kingdom, by recorded delivery letter;
b
to any other address, by air mail letter.
PART II
COURT OF SESSION
Transmission of order to specified state
5
1
All applications to the Court of Session for the transmission of a maintenance order, to which this Part applies, to a court in a specified state for registration and enforcement shall be made by a letter to that effect addressed to the Deputy Principal Clerk.
2
There shall be sent with any such application —
a
three certified copies of the maintenance order;
b
a certificate of arrears signed by the applicant or his solicitor;
c
a sworn statement signed by the payee —
i
giving the address of the payee;
ii
giving such information as is known as to the whereabouts of the payer; and
iii
giving a description, so far as is known, of the nature and location of any assets of the payer available for execution; and
d
a statement signed by the applicant giving such information as the applicant possesses for facilitating the identification of the payer including a photograph if available.
Transmission of order varying or revoking maintenance order
6
Where a maintenance order transmitted under paragraph 5 is varied or revoked by a subsequent order of the Court of Session, the applicant in respect of the order so transmitted shall inform the Deputy Principal Clerk that such an order of variation or revocation has been made and send him —
a
three certified copies of that order;
b
where the respondent did not appear in the proceedings, the original or certified copy of a document which establishes that notice of the institution of the proceedings has been served on the respondent.
Request to take evidence
7
Where any request is made to the Court of Session by or on behalf of a court in a specified state for the evidence of a person to be taken under section 14 of the Act of 1972, such evidence shall be taken and recorded by the sheriff of the sheriffdom in which that person resides and the Deputy Principal Clerk shall accordingly send any such request to the sheriff clerk of the sheriff court district in which that person resides and such request shall be treated for the purposes of taking that person’s evidence as a request to the sheriff by or on behalf of that court.
PART III
SHERIFF COURT
Transmission of order to specified state
8
1
All applications to the sheriff court for the transmission of a maintenance order, to which this Part applies, to a court in a specified state for registration and enforcement shall be made by a letter to that effect addressed to the sheriff clerk.
2
Paragraph (2) of paragraph 5 shall apply to the application made under this paragraph as it applies to an application made under that paragraph.
Registration of incoming orders
9
The sheriff clerk —
a
on receiving a maintenance order made in a court in a specified state for registration in the sheriff court under the Act of 1972;
b
on receiving a subsequent order so made varying or revoking or cancelling that order,
shall enter the details relating to that order in the register.
Request to take evidence
10
Where any request is made to a sheriff by or on behalf of a court in a specified state for the evidence of a person residing within the sheriffdom to be taken under section 14 of the Act of 1972, that evidence shall be taken and recorded in such manner as the sheriff may direct.
Hope of Craighead
Lord President, IPD
Edinburgh
15th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Pension Scheme for Mr Allan David Green) Regulations 1995, and shall come into force on 25th July 1995.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act.
2
For the purposes of these Regulations the time when a pension “begins” is that stated in section 8(2) of the 1971 Act .
Pension to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pension payable under the Pension Scheme for Mr Allan David Green (being a scheme made under section 1 of the Superannuation Act 1972 ) as if it were a pension specified in Part I of Schedule 2 to the 1971 Act.
Date from which increases of pension are to have effect
4
Any increase of pension payable by virtue of these Regulations shall have effect in respect of any pension beginning on 4th October 1991.
Andrew Mitchell Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Street Works (Registers, Notices, Directions and Designations) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.
Interpretation
2
In these Regulations “the Principal Regulations” shall mean the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 .
Revocation
3
Regulation 3(1) of the Principal Regulations is hereby revoked.
Street Works Registers
4
In place of regulation 3(1) of the Principal Regulations there shall be inserted the following:
Registers shall be kept so as to enable the information referred to in paragraphs (2) and (3) relating to a particular street to be traced and shall be indexed and be in a form which complies with the system of street referencing specified in Part I of the publication issued by the British Standards Institution on the 15th June 1993 entitled “Spatial data — sets for geographic referencing” under reference No BS 7666, provided that there shall be unique street identifier numbers using the street number ranges which have been allocated to each street naming authority in list B1 of Annex B to the said publication and provided that where the street is maintainable at public expense the highway authority shall be identified.
5
In the table which appears below regulation 3(2) of the Principal Regulations the words “The undertaker concerned” shall be substituted for “the highway authority” in the second column against the first entry in the table.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
27th March 1995
Signed by authority of the Secretary of State for Transport
Gwilym Jones
Parliamentary Under Secretary of State for Wales
29th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwynedd Community Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the Gwynedd Health Authority;
“the Trust” means the Gwynedd Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
1st March 1995


text:
Title and commencement
1
These Regulations may be cited as the Judicial Pensions (Additional Benefits for Disregarded Earnings) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
2
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993, and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
Timing and manner of payments of pensions and lump sums under section 19
3
1
The payment of pensions and lump sums under section 19 shall be made in the same manner, at the same time and intervals and to the same persons as the payment of pensions and lump sums are made under Part I.
2
Any direction made by the Treasury under section 5 in respect of the cessation or resumption of a surviving spouse’s pension, or under sections 6, 7 or 8 in respect of the payment of a children’s pension shall apply equally to any surviving spouse’s pension or children’s pension payable under section 19 that is calculated by reference to the pension so payable under Part I.
Lump sums under section 19: clawback
4
A person to whom a lump sum is paid under section 19 but who resumes service in qualifying judicial office shall not be required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded shall be deducted from any lump sum which subsequently becomes payable to or in respect of him under section 19.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1995 and shall come into force on 20th February 1995.
Specified bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs):
a
Darlington Mortgage Services Limited;
b
Furness Mortgage Services Limited;
c
Gracechurch Mortgage Finance ( No. 5) Limited;
d
Homeloans Direct Limited;
e
Ipswich Mortgage Services Limited;
f
LBS Insurance Services Limited;
g
LBS Mortgage Services Limited;
h
Leamington Mortgage Corporation Limited;
i
N & P Mortgages Limited;
j
N & P Mortgages Series A Limited;
k
N & P Mortgages Series B Limited;
l
N & P Mortgages Series C Limited;
m
S.A. Mortgages No. 1 Limited.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
23rd January 1995
We consent,
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1995


text:
Citation, commencement and interpretation
1
This Order may be cited as the East Midlands Enterprise Zones (Bassetlaw) (Designation) Order 1995 and shall come into force on 16th November 1995.
2
In this Order:
“the Council” means the Bassetlaw District Council;
“the map” means the map prepared in duplicate, marked “Map referred to in the East Midlands Enterprise Zones (Bassetlaw) (Designation) Order 1995”, and signed by an Under Secretary in the Department of the Environment, one duplicate of which has been deposited and is available for inspection at the principal offices of the Council and the other at the offices of the Secretary of State for the Environment; and “the Zone area”means the area —
the boundary of which is represented by the outside edge of a black line edged internally with a stippled band on the map; and
to which the East Midlands Enterprise Zone No. 4 (Manton Wood) Scheme relates.
Enterprise zone in Bassetlaw
3
— The Zone area is hereby designated as an enterprise zone, and the Council is hereby designated as the enterprise zone authority for that zone.
Period of designation
4
Designation under this Order shall take effect on 16th November 1995, and the designated area shall remain an enterprise zone for a period of 10 years from that date.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
13th October 1995
We consent,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 1995


text:
1
1
These Regulations may be cited as the Local Government Changes for England (School Reorganisation and Admissions) Regulations 1995 and shall come into force on 2nd October 1995.
2
In these Regulations —
a
“the 1988 Act ” means the Education Reform Act 1988 ;
b
“the preliminary period” in relation to an authority means the period specified as such in relation to that authority in a section 17 order;
c
“the reorganisation date” in relation to an authority means the date (being 1st April in any year) which is specified as such in relation to that authority in a section 17 order;
d
“section 17 order” means an order made under section 17 of the Local Government Act 1992; and
e
any reference to a transferee authority is a reference to an authority by which the functions of a local education authority in relation to an area are, by or in consequence of a structural or boundary change (or both such changes) effected by a section 17 order, exercisable in relation to that area on and after the reorganisation date.
School Reorganisation Proposals
2
1
Subject to paragraph (2) below, where before the reorganisation date a transferee authority intend to do on or after that date anything mentioned in section 12(1) of the Education Act 1980 (establishment, alteration and discontinuance of schools by local education authorities) that section shall apply in relation to that authority before the reorganisation date as it applies in relation to a local education authority, and sections 14 and 16 of that Act (supplementary provisions) and sections 272 and 229(3) of the Education Act 1993 (power of governing bodies of county school to propose change of character etc. ) shall apply accordingly.
2
In their application by virtue of paragraph (1) above sections 12(1)(d) and 16(1A)(c) of the Education Act 1980 and sections 272(1)(b) and (c) and 229(3)(b) of the Education Act 1993 shall have effect as if the references in those sections to the area or (in the case of section 16(1A)(c)) to the same area were references to the area of the transferee authority.
3
Where before the reorganisation date a transferee authority intend to do on or after that date anything mentioned in section 183(2) of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools) sections 183 to 185 of that Act shall apply in relation to that authority before the reorganisation date as they apply in relation to a local education authority.
Admissions to county and voluntary schools
4
1
Paragraph (2) below applies to a transferee authority during the preliminary period in respect of any county or voluntary school for which the local education authority is the admissions authority and for which the transferee authority will be the admissions authority from the reorganisation date by or in consequence of a structural or boundary change (or both such changes) effected by a section 17 order.
2
Notwithstanding section 27(6) of the 1988 Act, a transferee authority may apply to the Secretary of State for an order under section 27(5) of that Act reducing any standard number that would otherwise apply under the Act in relation to any school year beginning after the reorganisation date.
3
Subject to paragraph (4) below, where a transferee authority intends to exercise the power in paragraph (2) above section 28 of the 1988 Act shall apply in relation to the transferee authority as it applies in relation to a local education authority which is an admissions authority.
4
In its application by virtue of paragraph (3) above section 28(6) of the 1988 Act shall have effect as the reference to the local education authority were a reference to the transferee authority by which the proposals are made.
5
In this regulation —
“admissions authority” means the authority responsible under the articles of government for any county or voluntary school for determining the arrangements for the admission of pupils to the school; and
“standard number” means the standard number applying in relation to a school, age group and school year under section 27 of the 1988 Act.
5
1
Paragraph (2) below applies to a transferee authority during the preliminary period in respect of any county or voluntary school for which the local education authority is not the admissions authority.
2
Where this paragraph applies a transferee authority may make such a proposal as is mentioned in section 26(4) of the 1988 Act and, where it does so, section 26(4) to (10) and section 27(5) and (7) of that Act shall, subject to paragraph (3) below, apply accordingly.
3
In its application by virtue of paragraph (2) above section 27(7) of the 1988 Act shall have effect as if the reference in that section to the local education authority were a reference to the transferee authority by which the proposals are made.
Representation of voluntary school bodies on committees
6
1
In this regulation —
“the direction” means the direction given by the Secretary of State for Education and the Secretary of State for Wales under section 297 of the Education Act 1993 the terms of which are set out in the Annex to Circular number 19/94 entitled “Arrangements for Education Committees” issued by the Department for Education in July 1994; and
“strategic planning functions with respect to education” has the meaning assigned thereto by paragraph (2) of the direction.
2
Subject to paragraph (4) below, the direction shall apply in relation to any committee referred to in paragraph (3) below as it applies in relation to a committee appointed by a local education authority for the purpose of discharging any of that authority’s strategic planning functions with respect to education.
3
The committee referred to in paragraph (2) above is any committee appointed in accordance with section 102 of the Local Government Act 1972 by a transferee authority (or by such an authority and any other authority) for the purpose of discharging any of that authority’s (or those authorities') functions with respect to education exercisable by virtue of these Regulations, other than a committee with responsibility for any of the matters set out in paragraph 5(i) to (iii) of the direction.
4
In its application by virtue of paragraph (2) above, paragraph (4) of the direction shall have effect as if the reference in that paragraph to the area of a local education authority were a reference to the area of the transferee authority.
Secretary of State for Education and Employment
1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Eggs (Marketing Standards) Regulations 1995, and shall come into force on 10th July 1995.
2
These Regulations shall apply to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“Council Decision” means Council Decision 94/371/ EC laying down specific public health conditions for the putting on the market of certain types of eggs ;
“Community provision” means —
any provision of a Regulation of the European Communities which is referred to in column 1 of the Schedule to these Regulations which is specified in column 3 thereof; and
any provision of the Council Decision specified in regulation 3 of these Regulations;
“food authority” does not include —
except in relation to regulation 3(2), the council of a district in a non-metropolitan county in England and Wales; and
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals the the Inner Temple and the Middle Temple);
“Minister” means —
in relation to England the Minister of Agriculture, Fisheries and Food, and
in relation to Scotland or Wales the Secretary of State.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the relevant Community provision.
Requirements under the Council Decision
3
1
In relation to the sale of any eggs, any person carrying on an activity regulated by a Community provision shall comply with Articles 2, 3(1) and (2) and 4 of the Council Decision.
2
Any person using eggs in catering kitchens including restaurants and for the preparation of non-industrial scale egg products or products containing eggs shall comply with Article 5 of the Council Decision.
3
In this regulation the expressions “eggs”, “catering kitchens”, “restaurants” and “non-industrial scale egg products” have the same meaning as in Articles 1(2) and 5 of the Council Decision respectively.
Enforcement authorities
4
1
It shall be the duty of each food authority to enforce and execute within its area the Community provisions in so far as they relate to —
a
the sale of eggs by a retailer;
b
the use of eggs as described in regulation 3(2).
2
The Minister shall enforce and execute the Community provisions in all other respects.
Powers of authorised officers
5
For the purpose of enforcing any Community provision, an authorised officer of the Minister, on producing if so required a duly authenticated document showing his authority, may —
a
require any person not to remove or cause to be removed any eggs from any land or premises for such period as he may reasonably specify as necessary for the purposes of his inspection of those eggs;
b
require that any container of eggs which does not comply in any respect with the requirements of any Community provision, whether in relation to eggs contained in it or otherwise, be made so to comply before it is removed from such land or premises, except as may be otherwise directed by an authorised officer of the Minister.
Keeping of records
6
If so required by notice in writing served on him by or on behalf of the Minister, any person carrying on any activity regulated by a Community provision shall keep or cause to be kept such records as the Minister may reasonably require for the purpose of enforcing or executing any such provision, and shall provide the Minister with such information derived from such records as the Minister may from time to time require.
United Kingdom official mark
7
The official mark for the purposes of Article 19 of Commission Regulation ( EEC ) No. 1274/91 shall consist of the letters “ UK ”, each letter being 1 centimetre high and surrounded by a line describing an oval.
Offences and penalty
8
1
Any person who
a
fails to comply with any requirement properly made to him by an authorised officer of the Minister or of a food authority under these Regulations, or
b
contravenes or fails to comply with any Community provision,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Trade Descriptions Act 1968
9
The descriptions and marks applied in pursuance of any Community provision shall be deemed not to be trade descriptions for the purposes of the Trade Descriptions Act 1968 .
Application of various sections of the Act
10
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumption that food is intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 32 (powers of entry);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate);
section 44 (protection of officers acting in good faith); and
section 50 (service of documents).
Revocations
11
The following are revoked —
a
the Eggs (Marketing Standards) Regulations 1985 ;
b
the Eggs (Marketing Standards) (Amendment) Regulations 1987 ;
c
regulation 3(2) of the Food Safety Act 1990 (Consequential Modifications) (No. 2) (Great Britain) Order 1990 ; and
d
the Eggs (Marketing Standards) (Amendment) Regulations 1991 .
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd May 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
24th May 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th June 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
25th May 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 17) Order 1995.
2
In this Order “ the Act ” means the Local Government and Housing Act 1989.
Commencement of section 71
2
Subject to article 3 the following provisions of section 71 of the Act, in so far as not already in force, shall come into force on 1st April 1995:
a
subsection (1), for the purposes only of subsections (4) to (6);
b
subsections (4), (6) and (8);
c
subsection (5), for the purposes only of paragraph (a) of that subsection.
Transitional provision
3
Nothing in article 2 shall have effect to apply the requirements of subsections (4) and (5) of section 71 of the Act before 1st July 1995 in relation to any company formed on or before 31st March 1995.
Authorised by the Secretary of State to sign in that behalf
David Curry
Minister of State,
Department of the Environment
20th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiff Community Healthcare National Health Service Trust (Establishment) Order 1995 and shall come into force on 6th February 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 6th February 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Cardiff Community Healthcare 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 Cardiff Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Whitchurch Hospital, Park Road, Cardiff CF4 1XB; Ely Hospital, Cowbridge Road West, Ely, Cardiff CF5 5XE; Royal Hamadryad Hospital, Hunter Street, Cardiff Bay, Cardiff CF1 6UQ and associated hospitals;
b
to manage community health services provided from Trenewydd, Fairwater Road, Llandaff, Cardiff CF5 2LD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
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
South Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
South Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be South Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely of disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
16th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Statutory Sick Pay Percentage Threshold Order 1995 and shall come into force on 6th April 1995.
2
In this Order, unless the context otherwise requires, “income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month.
3
A reference in this Order to a payment of statutory sick pay shall not include any such payment made in respect of a day of incapacity for work before the coming into force of this Order.
4
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article bearing that number in this Order and any reference in an article to a numbered paragraph is a reference to the paragraph of that article bearing that number.
Right of employer to recover statutory sick pay
2
1
Subject to paragraph (2) an employer is entitled to recover in accordance with articles 3 and 4 the amount, if any, by which the payments of statutory sick pay made by him in any income tax month exceed 13 per cent. of the amount of his liability for contributions payments in respect of that income tax month.
2
For the purposes of calculating the amount an employer is entitled to recover under paragraph (1), there shall be excluded any payment of statutory sick pay which was not made —
a
in the income tax month in which he received notice, in accordance with regulation 7 of the Statutory Sick Pay (General) Regulations 1982 , of the day or days of incapacity for work to which the payment related;
b
in a case where it would have been impracticable to make the payment in that income tax month in view of the employer’s methods of accounting for and paying remuneration, in the following income tax month; or
c
in a case where a decision had been made by an adjudication officer, social security appeal tribunal or Commissioner that the employee was entitled to that payment, within the time limits set out in regulation 9 of those Regulations.
Recovery by deduction from contributions payments
3
1
An employer may recover an amount determined in accordance with article 2 in respect of any income tax month by making one or more deductions from his contributions payments for that or any following income tax month within 6 years from the end of the tax year in which he became entitled to recover that amount, except where and insofar as —
a
that amount has been repaid to him by or on behalf of the Secretary of State under article 4; or
b
he has made a request in writing under article 4 that that amount be repaid to him, and he has not received notification by or on behalf of the Secretary of State that the request is refused.
2
A deduction from contributions payments made in accordance with paragraph (1) shall be disregarded for the purposes of determining whether an employer has discharged any liability of his in respect of Class 1 contributions.
Recovery from the Secretary of State
4
1
If the amount which an employer is or would otherwise be entitled to deduct under article 3 exceeds the amount of his contributions payments in respect of earnings paid in an income tax month, and the Secretary of State is satisfied that that is so, then provided that the employer has requested him in writing to do so, there shall be repaid to the employer by or on behalf of the Secretary of State such amount as the employer was unable to deduct.
2
If an employer is not liable for any contributions payments in an income tax month but would otherwise be entitled to deduct an amount under article 3, and the Secretary of State is satisfied that that is so, then provided the employer has in writing requested him to do so, that amount shall be repaid to the employer by or on behalf of the Secretary of State.
Repeals and revocations
5
Subject to the savings made by regulations under section 159A(4) of the Social Security Contributions and Benefits Act 1992 —
a
sections 158 and 159 of the Social Security Contributions and Benefits Act 1992 shall be repealed; and
b
the Statutory Sick Pay (Compensation of Employers) and Miscellaneous Provisions Regulations 1983 and the Statutory Sick Pay (Small Employers' Relief) Regulations 1991 shall be revoked.
Consequential amendments
6
1
In the Social Security Contributions and Benefits Act 1992 —
a
in section 176 (parliamentary control) —
i
in subsection (1)(a) “section 158(2) or (3);” shall be omitted;
ii
in subsection (1)(c) “section 159(1)” shall be omitted;
iii
in subsection (2)(b) “(other than section 158(2) or (3))” shall be omitted;
iv
in subsection (2)(c) “or 158(2) or (3)” shall be omitted;
b
in Schedule 1, paragraph 6(5) (power to combine collection of contributions with tax) for “section 158” there shall be substituted “section 159A”.
2
In the Social Security Administration Act 1992 —
a
in section 17(1)(g) (adjudication by the Secretary of State) —
i
after “regulations” where it first appears in that paragraph there shall be inserted “or an order”;
ii
in sub-paragraphs (ii) and (v) for “regulations under section 158” and “regulations under section 158(3)” respectively there shall be substituted “an order under section 159A”;
iii
in sub-paragraph (iii) at the end there shall be added “or order”;
b
section 149 (power to alter limit for small employers' relief) shall cease to have effect;
c
in Schedule 7 (regulations not requiring prior submission), Part 1, paragraph 8, “158 or” shall be omitted.
3
In Schedule 1 to the Social Security (Contributions) Regulations 1979 (which contains the provisions of the Income Tax (Employments) Regulations 1973 as they apply to Class 1 contributions), in Regulation 2(1), for the definition of “Compensation of Employers Regulations” there shall be substituted —
“ Compensation of Employers Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 and the Statutory Sick Pay Percentage Threshold Order 1995 .
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st March 1995


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 4) Order 1995, and shall come into force on 1st July 1995.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1995 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1993 is amended by deleting the Schedule and substituting therefor the following —


text:
Citation, extent and commencement
1
These Regulations may be cited as the Moorland (Livestock Extensification) Regulations 1995, shall extend to England and shall come into force on 18th April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“application” means an application under regulation 4 and “applicant” shall be construed accordingly;
“authorised person” means a person (whether or not an officer of the Minister) authorised by the Minister in accordance with regulation 9;
“beneficiary” means —
a person whose application has been accepted, or
a person who occupies a holding or part of a holding following a change of occupation of that holding or part and who has given an undertaking to comply with extensification obligations relating to that holding or part assumed by the previous occupier;
“common land” means land which an applicant has a right to use for the purpose of grazing ewes or relevant livestock by virtue of any right of common;
“compensatory allowance” means the annual compensatory allowance paid under the Hill Livestock (Compensatory Allowances) Regulations 1984 , the Hill Livestock (Compensatory Allowances) Regulations 1993 or the Hill Livestock (Compensatory Allowances) Regulations 1994 in respect of sheep;
“eligible moorland” means land which is —
comprised in a moorland grazing unit on which heather covers more than 25 per cent of the land,
included in the area coloured pink on any of the maps in the volume of maps marked “Moorland Map of England 1992” and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Whitehall Place, London SW1A 2HH, and
not in an environmentally sensitive area designated under section 18 of the Agriculture Act 1986 ;
“eligible person” means a person who on the date of his application —
is the occupier of a production unit containing at least 20 hectares of eligible moorland and has occupied that production unit for a period of at least 12 months, and
either has received compensatory allowances for his flock in respect of 1994 and any subsequent year in respect of which such allowances may be paid or has entered into an agreement with the Minister in accordance with the Sheep Pilot Extensification Scheme;
“ewe” means a female sheep which was at least one year old on the last preceding qualifying date;
“extensification obligations” means the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3 or 7;
“extensification period” means the period of five consecutive years commencing on the first day of the first winter after the acceptance by the Minister of an application;
“heather” means common heather ( Calluna vulgaris ), and includes bell heather ( Erica cinerea ), cross-leaved heath ( Erica tetralix ), crowberry ( Empetrum nigrum ), bilberry or whortleberry ( Vaccinium myrtillus ), bog myrtle ( Myrica gale ), western gorse ( Ulex galii ) and other ericaceous dwarf shrub species when growing in association with common heather;
“holding” means all the production units farmed by an applicant or beneficiary;
“landlord” means, in relation to any land occupied by a tenant, any person who is entitled for the time being to receive the rents or profits of the land;
“livestock unit” means —
6.66 ewes, or
6.66 goats, or
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
1 horse or pony more than six months old, or
4.35 farmed deer;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“moorland” means land with predominantly semi-natural upland vegetation, or comprising predominantly rock outcrops and semi-natural upland vegetation, used primarily for rough grazing;
“moorland grazing unit” means an area of moorland on which stock management and numbers can be controlled by existing boundaries or by shepherding;
“occupier” includes a person who has a right to use eligible moorland for the purpose of grazing ewes and “occupied” shall be construed accordingly;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree;
“participating production unit” means a production unit —
which contains at least 20 hectares of eligible moorland,
which on the date of an application has been occupied by the applicant for a period of at least 12 months, and
in respect of which an undertaking is given to comply with the obligations described in regulation 3(a) to (e);
“production unit” means land farmed in England by an applicant or beneficiary as a single unit, having regard to supplies of machinery, livestock, feeding-stuffs and manpower;
“qualifying date” means —
20th February where an applicant or a beneficiary has not submitted a claim for compensatory allowances in respect of that year or has not submitted such a claim on or before the date which is the qualifying day for the purposes of those allowances, and
in all other cases, the date which is the qualifying day for the purposes of those allowances;
“reference flock” means —
where the applicant has entered into an agreement with the Minister in accordance with the Sheep Pilot Extensification Scheme, the number of ewes for which the applicant received compensatory allowances for the year immediately before the year in which the applicant entered into that agreement, and
in other cases the smallest of the following, namely —
where an applicant or beneficiary received compensatory allowances in respect of 1994, the number of ewes for which he received the allowances,
where an applicant or beneficiary received compensatory allowances in respect of the year prior to submission of his application, the number of ewes for which he received the allowances, and
where the Minister has notified the applicant of a number of ewes in accordance with paragraph (2), the number of ewes so notified;
“relevant livestock” means cattle, goats, horses, ponies and farmed deer;
“Sheep Pilot Extensification Scheme” means the Sheep Scheme referred to in the booklet “Beef and Sheep Pilot Extensification Schemes” reference EXT1 issued by the Ministry of Agriculture, Fisheries and Food, the Department of Agriculture and Fisheries for Scotland, the Welsh Office Agriculture Department and the Department of Agriculture for Nothern Ireland ;
“specified stocking density” means 0.15 livestock units per hectare in winter and 0.23 livestock units per hectare in summer;
“summer” means —
in respect of land in the counties of Somerset, Devon and Cornwall, the period in any year from 1st April to 31st October inclusive, and
in respect of all other land in England, the period in any year from 1st March to 30th September inclusive;
“tenant” includes sub-tenant and any person deriving title from the original tenant or sub-tenant;
“unsuitable supplementary feeding methods” means feeding methods which include providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;
“winter” means —
in respect of land in the counties of Somerset, Devon and Cornwall, the period from 1st November in any year to 31st March in the next year inclusive, and
in respect of all other land in England, the period from 1st October in any year to the end of February in the next year inclusive.
2
Where the Minister forms the opinion that (taking account of the need to avoid overgrazing) there is a maximum number of ewes which should be grazed on the holding of an applicant, the Minister may notify the applicant of that number.
3
Any reference in these Regulations to the date of an application is a reference to the date of receipt of that application by the Minister.
4
Any reference in these Regulations —
a
to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations;
b
to a numbered paragraph is to the paragraph so numbered in the regulation in which the reference occurs.
Aid for moorland extensification
3
Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for the duration of the extensification period —
a
to ensure that the stocking density of ewes and relevant livestock on eligible moorland on each participating production unit does not exceed the specified stocking density;
b
to use for the purposes of grazing or forage —
i
during the summer, on each participating production unit, an area of land at least equal in size to the largest area used by him for grazing or forage on that unit during the last summer which ended before the date of his application, and
ii
during the winter, on each participating production unit an area of land at least equal in size to the largest area used by him for grazing or forage on that unit during the last winter which ended before the date of his application;
c
to observe in relation to each participating production unit the management requirements in the Schedule;
d
to manage eligible moorland on each participating production unit in accordance with a management plan or management plans agreed in advance with the Minister;
e
to ensure that the numbers of relevant livestock kept on each participating production unit do not exceed the highest respective numbers of them kept there during the last summer and winter which ended before the date of his application;
f
where sheep were away wintered from any participating production unit in the last winter which ended before the date of his application, to ensure that in any winter a number of sheep are away wintered not being less than the “minimum number” calculated as follows —
minimum number = ab c
where —
a is the number of sheep in the eligible person’s flock in the winter in respect of which the calculation is made,
b is the number of sheep away wintered from the participating production unit in the last winter which ended before the date of the eligible person’s application, and
c is the number of sheep in the eligible person’s flock in the last winter which ended before the date of the eligible person’s application;
g
to ensure that the number of ewes kept on his holding does not exceed the reference flock, reduced by 10 or by a larger figure, specified in the undertaking, which will enable the eligible person to comply with the undertaking given by virtue of sub-paragraph (a) above and will result in significant environmental benefit for an area of at least 20 hectares of eligible moorland;
h
to ensure that any reduction in the number of ewes kept on his holding in order to enable him to comply with the undertaking given by virtue of sub-paragraph (a) above in respect of summer is achieved by reducing the number of ewes in his flock.
Applications for aid
4
1
An application for aid under these Regulations shall be made at such time and in such form, and shall include or be accompanied by such information as the Minister reasonably may require to enable him to decide whether to accept the application.
2
If required by the Minister, the applicant shall provide evidence showing the nature of his estate or interest in or other right right to graze ewes or relevant livestock on his holding.
3
The Minister shall acknowledge in writing the receipt of any application including the date of receipt by the Minister of that application.
Restrictions on acceptance of applications
5
1
The Minister shall not accept an application unless he is satisfied that, having regard to —
a
the condition of the eligible moorland on the applicant’s holding;
b
the management plan or plans which have been proposed in relation to that moorland; and
c
the right of any other person to use the holding from grazing,
compliance with the undertakings proposed in connection with the application will result in significant environmental benefit for an area of at least 20 hectares of eligible moorland.
2
The Minister shall not accept an application where he is satisifed that the proposals for reduction in stocking density contained in the application will result in undergrazing of any eligible moorland.
3
The Minister may refuse an application where he is satisifed that the applicant is or is likely to be, for the whole or any part of the extensification period, unable to comply with the extensification obligations.
4
The Minister shall not accept an application from a tenant to undertake extensification obligations in relation to any land unless he is satisified that the tenant has notified the landlord of that land in writing of his intention to make the application.
5
The Minister may refuse to accept an application to undertake extensificiation obligations where he is satisified that —
a
the implementation of any part of those undertakings would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or
b
the payment of aid under these Regulations would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Community.
Applications to increase ewe numbers
6
1
A beneficiary may increase the number of ewes kept on his holding above the number required by virtue of regulation 3(g) where he has permission from the Minister in accordance with this regulation and the increase is in accordance with such permission.
2
A beneficiary may apply to the Minister for permission to increase the numbers of ewes to be kept on his holding where such increase is or would arise as a result of the enlargement of the beneficiary’s holding during the extensification period.
3
An application under paragraph (2) shall be made in such form and shall contain or be accompanied by such information as the Minister reasonably may require.
4
The Minister shall not accept an application under paragraph (2) unless he is satisified that the proposed increase will not frustrate the fulfilment of the extensification obligations assumed by the beneficiary.
5
Without prejudice to the generality of paragraph (4), the Minister shall not accept an application under paragraph (2) where the proposed increase exceeds the maximum number of ewes which were kept on the acquired land in any of the three years preceding the acquisition of land land by the beneficiary and for which compensatory allowances were received in respect of any of those three years.
6
In paragraph (5), “acquired land” means the land the acquisition of which has resulted or would result in the enlargement of the beneficiary’s holding referred to in paragraph (2).
Change of occupation
7
1
Where there is a change of occupation, during the extensification period, of the whole or any part of a beneificary’s holding by reason of the devolution of that holding or part on the death of that beneficiary, or otherwise —
a
the beneficiary (or, if he has died, his personal representative) shall within 3 months (or, where the beneficiary has died and a personal representative is not appointed within three months, as soon as is practicable) notify the Minister in writing of the change of occupation, and shall supply to the Minister such information relating to that change of occupation in such form and within such period as the Minister reasonably may determine;
b
subject to the provisions of this regulation, the new occupier of that holding or part may give an undertaking to the Minister to comply, for the remainder of the extensification period, with the extensification obligations assumed by the original occupier relating to that holding or part.
2
The Minister shall not accept an undertaking from a new occupier of a holding or part of a holding to comply with extensification obligations assumed by the original occupier relating to that holding or part where any original participating production unit comprised in that holding has been divided into parts or has ceased to be farmed as a separate unit.
3
Where there is a change of occupation of part of a holding, or a holding is divided into parts on the death of the beneficiary, the Minister may —
a
determine the undertakings which he reasonably believes should be given in respect of each part of the holding so as to ensure the environmental benefit for which undertakings were given by the original occupier is achieved; and
b
apportion the entitlement to payments under these Regulations between the occupiers of the parts of the holding.
4
A new occupier who gives an undertaking to comply with the extensification obligations assumed by the original occupier shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister reasonably may require.
5
Where the Minister has accepted an undertaking from a new occupier to comply with the extensification obligations undertaken by the original occupier —
a
the new occupier shall be deemed to be a beneficiary; and
b
his undertaking to comply with those extensification obligations shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.
6
Where within 3 months from the date of change of occupation of the whole or any part of a beneficiary’s holding an undertaking has not been given under this regulation to comply with the extensification obligations assumed by the original occupier in relation to each original participating production unit comprised in that holding (including any undertaking from the original occupier revised to take account of a determination by the Minister under paragraph (3)), the Minister may —
a
withhold the whole or any part of any payments due to the original occupier in so far as they relate to any such unit in respect of which an undertaking has not been given; and
b
recover from the original occupier or his personal representatives the whole or any part of any payments of aid already made to him in so far as they related to any such unit in respect of which an undertaking has not been given.
7
Paragraph (6) shall not apply where the change of occupation of a holding or part of a holding is the result of —
a
the death of the original occupier, and
i
that original occupier occupied that holding or part as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that holding or part was terminated by the landlord;
b
the compulsory purchase of that holding or part; or
c
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 , having been satisified as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.
8
Where all or part of the land which has been compulsorily purchased was used for grazing or forage on a participating production unit, the area so used shall be subtracted, at the request of the beneficiary in writing, from the total area required to be used for the purposes of grazing or forage by the beneficiary.
9
In this regulation, in relation to any change of occupation, “original occupier” means the occupier immediately before such change.
Amounts of aid and claims
8
1
Subject to the provisions of these Regulations, payments of aid shall be made in respect of each year in the extensification period.
2
The amount of each yearly payment shall be £25 multiplied by the number specified in the undertaking given by virtue of regulation 3(g).
3
The payment specified in paragraph (2) above may be reviewed by the Minister each year.
4
A claim for payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the Minister may reasonably require.
Obligation to permit entry and inspection
9
1
A beneficiary shall permit any person duly authorised by the Minister, accompanied by such other persons acting under the Minister’s instructions as appear to the authorised officer to be necessary for the purpose, at all reasonable times and on production on demand of the authorised person’s authority, to enter upon the beneficiary’s holding in order to inspect any land, building, livestock, document or record, with a view to verifying —
a
the accuracy of any particulars given in any application under regulation 4 or 6(2) or any claim under regulation 8(4) or in connection with any undertaking given by a new occupier pursuant to regulation 7(1)(b); and
b
compliance with the extensification obligations.
2
A beneficiary shall render all reasonable assistance to the authorised person in relation to the matters mentioned in paragraph (1) above, and in particular shall —
a
produce such document or record as may be required by the authorised person for inspection; and
b
at the request of the authorised person, accompany him in making the inspection of any land and identify any area of land which is concerned in any application or claim mentioned in paragraph (1) or in any undertaking given by a new occupier under regulation 7 to comply with the extensification obligations undertaken by the original occupier.
Withholding and recovery of aid and termination
10
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person, and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the extensification obligations; or
b
fails without reasonable excuse to permit entry or inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9;
the Minister may withhold the whole or any part of any aid payable to that beneficiary, and may recover the whole or any part of any aid already paid to him.
3
In addition to withholding or recovering aid under paragraph (1) or (2), the Minister may treat as terminated the undertakings given by the beneficiary under these Regulations.
4
The Minister may treat the undertakings given by any beneficiary as terminated where the beneficiary receives or is entitled to receive any assistance out of moneys provided by Parliament or the European Community and the Minister is satisified that such assistance would duplicate the payment of aid under these Regulations.
5
Nothing in paragraph (4) entitles the Minister to withhold any aid payable or to recover any aid already paid in respect of a period before the Minister acted under that paragraph.
6
Before withholding or recovering any aid under paragraph (2)(a) or treating an undertaking as terminated under paragraph (4), the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery of aid;
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
False statements
11
If any person, for the purposes of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd March 1995


text:
1
These Regulations may be cited as the Revenue Traders (Accounts and Records) (Amendment) Regulations 1995 and shall come into force on 1st December 1995.
2
The Revenue Traders (Accounts and Records) Regulations 1992 shall be amended in accordance with the following regulation.
3
After regulation 8 there shall be inserted the following regulation:
Claims for recovery of overpaid excise duty.
9
Any claim under section 137A of the Customs and Excise Management Act 1979 shall be made in writing to the Commissioners and shall, by reference to such documentary evidence as is in the possession of the claimant, state the amount of the claim and the method by which that amount was calculated.
.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the BHB Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the Authority” means the Barking and Havering Health Authority;
“the Trust” means the BHB Community Health Care 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 3rd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th May 1995


text:
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1993 Experimental Variation Order 1995, and shall come into force on 30th October 1995.
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In Schedule 2 —
a
for paragraph 7B substitute —
7B
From a point 3 metres south-east of the northern flank wall of No. 383 Holloway Road south-eastwards for a distance of 10 metres.
;
b
for paragraph 7C substitute —
7C
From a point level with the common boundary of Nos 381 and 383 Holloway Road south-eastwards for a distance of 6 metres.
;
c
after paragraph 7C add the following paragraph —
7D
From a point 26.5 metres south-east of the common boundary of Nos 375 and 377 Holloway Road and a point 1.0 metre south-east of the common boundary of Nos 357 and 359 Holloway Road.
.
4
In Schedule 3 —
a
for paragraph 6B substitute —
6B
From a point 6 metres south-east of the common boundary of Nos 381 and 383 Holloway Road south-eastwards for a distance of 18 metres.
;
b
After paragraph 6B add the following paragraph —
6C
From a point 2 metres south-east of the common boundary of Nos 375 and 377 Holloway Road south-eastwards for a distance of 24.5 metres.
.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th October 1995


text:
1
This Order may be cited as the Value Added Tax (Tour Operators) (Amendment) Order 1995 and shall come into force on 1st January 1996.
2
Article 10 of the Value Added Tax (Tour Operators) Order 1987 is hereby revoked.
3
Article 4 of the Value Added Tax (Tour Operators) (Amendment) Order 1990 is hereby revoked.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment (No. 2) Regulations 1995 and shall come into force on 1st January 1996.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
1
The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 11 (availability of persons attending work camps) —
a
after paragraph (1) there shall be inserted —
1A
Subject to paragraph (2), where a person who has given notice in accordance with paragraph (3) attends a programme of training and activities known as the 28 days Venture Trust Project in the residential accommodation situated at Applecross in Scotland in pursuance of arrangements made by the Secretary of State, he shall be deemed to be available to be employed in employed earner’s employment on each day of his attendance; and on those days regulation 7(1)(g) shall apply to him as if head (ii) were omitted.
;
b
in paragraph (2), after the word “camp”there shall be inserted the words “, or of attendance on the 28 days Venture Trust Project, as the case may be,”;
c
in paragraph (3) —
i
after the words “paragraph (1)”there shall be inserted the words “or (1A), as the case may be”, and
ii
after the word “relates”there shall be inserted the words “or before the person concerned arrives at Applecross in Scotland”.
3
In regulation 12D (persons deemed to be actively seeking employment), in paragraph (2), after sub-paragraph (c) there shall be added —
; or
d
a maximum of 5 consecutive weeks during which he is, for at least 3 days in each such week, undergoing a programme of training and activities known as the 28 days Venture Trust Project in the residential accommodation situated at Applecross in Scotland in pursuance of arrangements made by the Secretary of State.
.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
5th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Tax-exempt Special Savings Account (Amendment) Regulations 1995 and shall come into force on 11th August 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Tax-exempt Special Savings Account Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be renumbered as paragraph (1) of that regulation.
2
In regulation 2(1) —
a
after the definition of “the Board” there shall be inserted —
“follow-up account” has the same meaning as in section 326BB(1) of the Taxes Act;
b
in the definition of “the principal sections” for the words “and 326B” there shall be substituted the words “, 326B and 326BB”.
3
After regulation 2(1) there shall be inserted —
2
For the purposes of these Regulations an account held by an individual matures when a period of five years throughout which the account was a tax-exempt special savings account comes to an end.
4
In regulation 3 after paragraph (c) there shall be added —
cc
provide that subsection (2) of section 326BB of the Taxes Act does not apply in relation to a follow-up account unless at the time prescribed by these Regulations the society or institution with which the account is held has a document of a prescribed description containing such information as is prescribed by these Regulations;
cd
require societies and institutions operating accounts which mature to give to the individuals who have held them certificates containing such information as is prescribed by these Regulations;
.
5
In regulation 6(3) for sub-paragraphs (b) and (c) there shall be substituted —
b
he does not hold any other account (with the same or any other society or institution) which will not have matured or have been closed at the time when the account in respect of which the application is made is opened,
c
he has not made and will not make any other application for an account to be opened (with the same or any other society or institution) which he will hold simultaneously with the account in respect of which the application is made,
.
6
In regulation 7 after paragraph (4) there shall be added —
5
Where the account being transferred is a follow-up account, the transferor shall, in addition to satisfying the preceding requirements of this regulation, within 30 days after the date of transfer give the transferee —
a
any document held by him of the description prescribed by regulation 7B(2), or
b
a certified copy of any document of that description previously held by him, or
c
a print-out or other copy of any record constituting a document of that description.
7
After regulation 7 there shall be inserted —
Matured accounts
7A
1
Subject to paragraph (2), a society or institution with which a matured account in respect of which the condition in section 326BB(1)(b) of the Taxes Act is satisfied is or has been held shall, if the account-holder so requires by notice to the society or institution, within 30 days after the date of the notice give to the account-holder a certificate containing the information prescribed by paragraph (3) and the declaration prescribed by paragraph (4).
2
A society or institution shall not give the certificate referred to in paragraph (1) —
a
before the account has matured, or
b
after the expiry of a period of 18 months commencing with the date on which the account matured.
3
The information prescribed by this paragraph is —
a
as regards the account-holder —
i
his full name,
ii
his permanent address including postcode,
iii
if he has one, his national insurance number, and
b
as regards the account —
i
the name of the society or institution with which it was held when it matured;
ii
the number allocated to it by that society or institution;
iii
the date on which it matured; and
iv
the total amount deposited in, or subscribed for shares in connection with, the account since it was opened.
4
The declaration prescribed by this paragraph is a declaration by the society or institution that the account was a tax-exempt special savings account throughout a period of five years and that the information given in the certificate is correct.
Follow-up accounts
7B
1
Subsection (2) of section 326BB of the Taxes Act shall not apply to a follow-up account unless, at the time when the total amount deposited in, or subscribed for shares in, the account first exceeds £3,000, the society or institution holds a document of the description prescribed by paragraph (2) containing the information prescribed by that paragraph.
2
The description prescribed by this paragraph is that the document is either —
a
a certificate given in accordance with regulation 7A(1) and (2) by the society or institution with which the account-holder held a matured account, or
b
where the account-holder holds a follow-up account with the same society or institution with which he held a matured account, a record kept by means of a computer or otherwise which was derived from the records of the society or institution and shows —
i
as regards the account-holder, the information prescribed by sub-paragraph (a) of regulation 7A(3), and
ii
as regards the matured account, the information prescribed by paragraphs (ii) to (iv) inclusive of sub-paragraph (b) of paragraph (3) of that regulation.
8
In regulation 12(1) there shall be added at the end the words “, stated separately in relation to accounts in respect of which a document of the description prescribed by regulation 7B(2), or a certified copy of such a document or a print-out or other copy of the record constituting such a document received in connection with the transfer of the account from another society or institution, is held and other accounts”.
9
In regulation 13(3)(b) after paragraph (ii) there shall be inserted —
iia
whether the account is one in respect of which a document of the description prescribed by regulation 7B(2), or a certified copy of such a document or a print-out or other copy of the record constituting such a document received in connection with the transfer of the account from another society or institution, is held;
.
10
For regulation 14 there shall be substituted —
14
1
A society or institution shall at all times keep sufficient records in respect of each account that it operates to enable the requirements of the principal sections and of these Regulations to be satisfied.
2
In particular, but without prejudice to the generality of paragraph (1), the society or institution shall preserve so as to be available for inspection under regulation 16 for a period of two years after the account was closed or ceased to be a tax-exempt special savings account —
a
every application made under regulation 6;
b
every document of the description prescribed by regulation 7B(2);
c
every certified copy of such a document or print-out or other copy of the record constituting such a document received in connection with the transfer of the account from another society or institution;
d
a record of amounts deposited in or subscribed in connection with or withdrawn from the account.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
21st July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Graduated Retirement Benefit) Amendment Regulations 1995 and shall come into force on 1st November 1995.
2
In these Regulations “the principal Regulations ” means the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 .
Substitution of regulation 2 of the principal Regulations
2
For regulation 2 of the principal Regulations there is substituted —
Application of sections 150 and 155 of the Social Security Administration Act 1992
2
The provisions of sections 150 and 155 of the Social Security Administration Act 1992 , (annual up-rating of benefits and effect of alteration of rates of benefit) shall apply to —
a
the amount of graduated retirement benefit payable for each unit of graduated contributions;
b
increases of such benefit under the provisions of Schedule 2 to these Regulations; and
c
any addition under section 37(1) of the 1965 Act (addition to weekly rate of retirement pension for widows and widowers) to the amount of such benefit, as if that amount, those increases and that addition were included in the sums mentioned in section 150(1) and (3) and graduated retirement benefit were a benefit referred to in section 155(2).
.
Amendment of section 36 of the National Insurance Act 1965
3
In Schedule 1 to the principal Regulations (which sets out sections 36 and 37 of the National Insurance Act 1965 as continued in force by those Regulations), section 36(7) is amended by inserting after the words “retirement pension” where they first appear —
(except a person who is not so entitled because of an election under section 54(1) of the Social Security Contributions and Benefits Act 1992 or because he has withdrawn his claim)
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
4th October 1995


text:
Title and commencement
1
This Order may be cited as the Dumfries and Galloway Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Dumfries and Galloway Tourist Board Scheme 1995;
“ the Board ” means the Dumfries and Galloway Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of Dumfries and Galloway.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Amendment Order 1995, and shall come into force on 15th March 1995.
2
In this Order, “the principal Order ” means the National Health Service Trusts (Originating Capital Debt) Order 1995 .
Amendment of the principal Order
2
In the Schedule to the principal Order, for the amounts specified in columns (2), (3) and (4) in relation to the North Durham Acute Hospitals NHS Trust there shall be substituted the following amounts —
a
in column (2) (originating capital debt), £21,635,880;
b
in column (3) (initial loan), £10,817,940; and
c
in column (4) (public dividend capital), £10,817,940.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
14th March 1995
We consent
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty`s Treasury
14th March 1995