text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.4) Regulations 1994 and shall come into force on 3rd October 1994.
2
Regulations 3 and 4 of these Regulations shall have effect in relation to any particular claimant–
a
except where sub-paragraph (b) applies, on 4th October 1994;
b
where that claimant has an award of disability working allowance or family credit which is current on 3rd October 1994, on the day following the expiration of that award.
3
For the purposes of paragraph (2) as it has effect with respect to disability working allowance or family credit, “claimant” means a person claiming the benefit concerned.
Amendment of the Council Tax Benefit Regulations
2
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) after the definition of “council tax benefit” there shall be inserted the following definition–
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
.
3
In paragraph (1) of regulation 13 (calculation of income on a weekly basis)–
a
after sub-paragraph (a) the word “and” shall be omitted;
b
after sub-paragraph (b) the word “and” and the following sub-paragraph (c) shall be added–
c
by then deducting any relevant child care charges to which regulation 13A (treatment of child care charges) applies from any earnings which form part of the average weekly income, up to a maximum deduction in respect of the claimant’s family of £40 per week.
.
4
After regulation 13 there shall be inserted the following regulation–
Treatment of child care charges
13A
1
This regulation applies where a claimant is incurring relevant child care charges and–
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
2
In this regulation–
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the claimant for care provided for any child of the claimant’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided–
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required,
and shall be calculated on a weekly basis in accordance with paragraph (3).
3
Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge over the benefit period may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.
4
For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where–
a
the claimant’s applicable amount includes–
i
a disability premium; or
ii
a higher pensioner premium by virtue of the satisfaction of paragraph 11(2)(b) of Schedule 1,
on account of the other member’s incapacity;
b
there is payable in respect of him one or more of the following pensions or allowances–
i
invalidity pension under section 33, 40 or 41 of the Contributions and Benefits Act 1992;
ii
attendance allowance under section 64 of that Act;
iii
severe disablement allowance under section 68 of that Act;
iv
disability living allowance under section 71 of that Act;
v
increase of disablement pension under section 104 of that Act;
vi
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
c
a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (b) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 10(2) (patients);
d
sub-paragraph (b) or (c) above would apply to him if the legi slative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or
e
he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
.
Amendment of the Disability Working Allowance Regulations
3
1
The Disability Working Allowance (General) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) after the definition of “the Contributions and Benefits Act” there shall be inserted the following definition–
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
.
3
In paragraph (1) of regulation 15 (calculation of income on a weekly basis)–
a
after sub-paragraph (a) the word “and” shall be omitted;
b
after sub-paragraph (b) the word “and” and the following sub-paragraph (c) shall be added–
c
by then deducting any relevant child care charges to which regulation 15A (treatment of child care charges) applies from any earnings which form part of the normal weekly income, up to a maximum deduction in respect of the claimant’s family of £40 per week.
.
4
After regulation 15 there shall be inserted the following regulation–
Treatment of child care charges
15A
1
This regulation applies where a claimant is incurring relevant child care charges and–
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
2
In this regulation–
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the claimant for care provided for any child of the claimant’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided–
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required,
and shall be calculated on a weekly basis in accordance with paragraphs (3) to (6);
“school term-time” means the school term-time applicable to the child for whom care is provided.
3
Subject to paragraphs (4) to (6), relevant child care charges shall be calculated in accordance with the formula–
X + Y 52
where–
X is the average weekly charge paid for child care in the most recent 4 complete weeks which fall in school term-time in respect of the child or children concerned, multiplied by 39; and
Y is the average weekly charge paid for child care in the most recent 2 complete weeks which fall out of school term-time in respect of that child or those children, multiplied by 13.
4
Subject to paragraph (5), where child care charges are being incurred in respect of a child who does not yet attend school, the relevant child care charges shall mean the average weekly charge paid for care provided in respect of that child in the most recent 4 complete weeks.
5
Where in any case the charges in respect of child care are paid monthly, the average weekly charge for the purposes of paragraph (3) shall be established–
a
where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52;
b
where the charges are for variable monthly amounts, by aggregating the charges for the previous 12 months and dividing the total by 52.
6
In a case where there is no information or insufficient information for establishing the average weekly charge paid for child care in accordance with paragraphs (3) to (5), the average weekly charge for care shall be estimated in accordance with information provided by the child minder or person providing the care or, if such information is not available, in accordance with information provided by the claimant.
7
For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where–
a
either council tax benefit or housing benefit is payable under Part VII of the Contributions and Benefits Act to the other member or his partner and the applicable amount of the person entitled to the benefit includes–
i
a disability premium; or
ii
a higher pensioner premium by virtue of the satisfaction of–
aa
in the case of council tax benefit, paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992;
bb
in the case of housing benefit, paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations 1987 ,
on account of the other member’s incapacity;
b
there is payable in respect of him one or more of the following pensions or allowances–
i
invalidity pension under section 33, 40 or 41 of the Contributions and Benefits Act 1992;
ii
attendance allowance under section 64 of that Act;
iii
severe disablement allowance under section 68 of that Act;
iv
disability living allowance under section 71 of that Act;
v
increase of disablement pension under section 104 of that Act;
vi
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
c
a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (b) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 10(3)(a) (membership of the same household);
d
sub-paragraph (b) or (c) above would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or
e
he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.
.
Amendment of the Family Credit Regulations
4
1
The Family Credit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation)–
a
after the definition of “the Contributions and Benefits Act” there shall be inserted the following definition–
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
;
b
after the definition of “employed earner” there shall be inserted the following definition–
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
.
3
In paragraph (1) of regulation 13 (calculation of income on a weekly basis)–
a
after sub-paragraph (a) the word “and” shall be omitted;
b
after sub-paragraph (b) the word “and” and the following sub-paragraph (c) shall be added–
c
by then deducting any relevant child care charges to which regulation 13A (treatment of child care charges) applies from any earnings which form part of the normal weekly income, up to a maximum deduction in respect of the claimant’s family of £40 per week.
.
4
After regulation 13 there shall be inserted the following regulation–
Treatment of child care charges
13A
1
This regulation applies where a claimant is incurring relevant child care charges and–
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
2
In this regulation–
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the claimant for care provided for any child of the claimant’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided–
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required,
and shall be calculated on a weekly basis in accordance with paragraphs (3) to (6);
“school term-time” means the school term-time applicable to the child for whom care is provided.
3
Subject to paragraphs (4) to (6), relevant child care charges shall be calculated in accordance with the formula–
X + Y 52
where–
X is the average weekly charge paid for child care in the most recent 4 complete weeks which fall in school term-time in respect of the child or children concerned, multiplied by 39; and
Y is the average weekly charge paid for child care in the most recent 2 complete weeks which fall out of school term-time in respect of that child or those children, multiplied by 13.
4
Subject to paragraph (5), where child care charges are being incurred in respect of a child who does not yet attend school, the relevant child care charges shall mean the average weekly charge paid for care provided in respect of that child in the most recent 4 complete weeks.
5
Where in any case the charges in respect of child care are paid monthly, the average weekly charge for the purposes of paragraph (3) shall be established–
a
where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52;
b
where the charges are for variable monthly amounts, by aggregating the charges for the previous 12 months and dividing the total by 52.
6
In a case where there is no information or insufficient information for establishing the average weekly charge paid for child care in accordance with paragraphs (3) to (5), the average weekly charge for care shall be estimated in accordance with information provided by the child minder or person providing the care or, if such information is not available, in accordance with information provided by the claimant.
7
For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where–
a
either council tax benefit or housing benefit is payable under Part VII of the Contributions and Benefits Act to the other member or his partner and the applicable amount of the person entitled to the benefit includes–
i
a disability premium; or
ii
a higher pensioner premium by virtue of the satisfaction of–
aa
in the case of council tax benefit, paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992;
bb
in the case of housing benefit, paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations 1987,
on account of the other member’s incapacity;
b
there is payable in respect of him one or more of the following pensions or allowances–
i
invalidity pension under section 33, 40 or 41 of the Contributions and Benefits Act;
ii
attendance allowance under section 64 of that Act;
iii
severe disablement allowance under section 68 of that Act;
iv
disability living allowance under section 71 of that Act;
v
increase of disablement pension under section 104 of that Act;
vi
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
c
a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (b) above refers, was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 8(3)(a) (membership of the same household);
d
sub-paragraph (b) or (c) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or
e
he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.
.
Amendment of the Housing Benefit Regulations
5
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) after the definition of “co-ownership scheme” there shall be inserted the following definition–
“Crown property” means property held by Her` Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
.
3
In paragraph (1) of regulation 21 (calculation of income on a weekly basis)–
a
after sub-paragraph (a) the word “and” shall be omitted;
b
after sub-paragraph (b) the word “and” and the following sub-paragraph (c) shall be added–
c
by then deducting any relevant child care charges to which regulation 21A (treatment of child care charges) applies from any earnings which form part of the average weekly income, up to a maximum deduction in respect of the claimant’s family of £40 per week.
.
4
After regulation 21 there shall be inserted the following regulation–
Treatment of child care charges
21A
1
This regulation applies where a claimant is incurring relevant child care charges and–
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
2
In this regulation–
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the Claimant for care provided for any child of the claimant’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided–
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required,
and shall be calculated on a weekly basis in accordance with paragraph (3).
3
Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge over the benefit period may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.
4
For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where–
a
the claimant’s applicable amount includes–
i
a disability premium; or
ii
a higher pensioner premium by virtue of the satisfaction of paragraph 10(2)(b) of Schedule 2,
on account of the other member’s incapacity;
b
there is payable in respect of him one or more of the following pensions or allowances–
i
invalidity pension under section 33, 40 or 41 of the Contributions and Benefits Act;
ii
attendance allowance under section 64 of that Act;
iii
severe disablement allowance under section 68 of that Act;
iv
disability living allowance under section 71 of that Act;
vi
increase of disablement pension under section 104 of that Act;
v
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;
c
a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (b) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 18(2) (patients);
d
sub-paragraph (b) or (c) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or
e
he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 and or under section 46 of the National Health Service (Scotland) Act 1978 or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
18th July 1994


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1994 and shall come into force on 26th February 1994.
2
Regulation 7A of the Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect in relation to the financial year beginning on 1st April 1994 with the following amendments —
a
in paragraph (1), for “1993” there shall be substituted “1994”;
b
in paragraph (2)(a), for “a day in the current year” there shall be substituted “or after 26th February 1994” and for “that year” there shall be substituted “the current year”;
c
in paragraph (2)(d), for “or after 6th July 1993” there shall be substituted “a day in the current year”;
d
in paragraph (3), for the words from “1993 Act” to the end there shall be substituted “Non-Domestic Rating Act 1994” ; and
e
in paragraph (4), for “6th July 1993” there shall be substituted “26th February 1994”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State, Department of the Environment
24th February 1994


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 4) Order 1994.
2
The provisions of the Criminal Justice Act 1993 (“the 1993 Act ”) referred to in the left-hand column of the Schedule to this Order (which relate to the matters described in the right-hand column of the Schedule) shall come into force on 15th February 1994.
3
1
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 47, 49 and 78; and
b
so far as it relates to the Prevention of Terrorism (Temporary Provisions) Act 1989 , the Criminal Justice (International Co-operation) Act 1990 and section 67(6) of the Northern Ireland (Emergency Provisions) Act 1991 , Schedule 6,
this Order extends to the United Kingdom.
2
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 29, 30 and 31; and
b
paragraph 14(2)(a) of Schedule 5,
this Order extends to Great Britain only.
3
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 16 and 74; and
b
paragraph 14(1) of Schedule 5 and, so far as it relates to the Drug Trafficking Offences Act 1986 and to the Criminal Justice Act 1988 , Schedule 6,
this Order extends to England and Wales only.
4
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 17 and 33; and
b
paragraph 14(2)(b) of Schedule 5,
this Order extends to Scotland only.
5
So far as relating to the entry in Schedule 6 to the 1993 Act relating to section 50(2) of the Northern Ireland (Emergency Provisions) Act 1991, this Order extends to Northern Ireland only.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
14th January 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Maternity Allowance and Statutory Maternity Pay Regulations 1994.
2
These Regulations, except regulation 5, shall have effect in any case where the expected week of confinement begins on or after 16th October 1994.
3
Regulation 5 shall have effect in relation to payments of statutory maternity pay due on or after 4th September 1994.
4
In this regulation “week” has the same meaning as in Part XII of the Contributions and Benefits Act.
5
In these Regulations “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 .
Rate of, and conditions of entitlement to, maternity allowance
2
1
In section 35 of the Contributions and Benefits Act (state maternity allowance), in subsection (1) —
a
for “the weekly rate specified in Schedule 4, Part I, paragraph 4” there is substituted “the appropriate weekly rate determined under subsection (1A) below”, and
b
in paragraph (b) (employment condition) for “52 weeks immediately preceding the 14th week before” there is substituted “66 weeks immediately preceding”.
2
After that subsection there is inserted —
1A
For the purposes of subsection (1) above the appropriate weekly rate is —
a
Lin the case of a woman who is engaged in employment as an employed earner in the week immediately preceding the 14th week before the expected week of confinement, a weekly rate equal to the lower rate of statutory maternity pay for the time being prescribed under section 166(3) below or the weekly rate specified in Schedule 4, Part I, paragraph 4, whichever is the higher; and
b
in any other case, the weekly rate specified in Schedule 4, Part I,paragraph 4.
.
3
At the end of subsection (3)
of that section there is added —
c
that subsection (2) above shall have effect subject to prescribed modifications in relation to cases in which a woman fails to satisfy the conditions referred to in subsection (1)(b) and (c) above at the commencement of the 11th week before the expected week of confinement, but subsequently satisfies those conditions at any time before she is confined.
.
4
In Schedule 3 to the Contributions and Benefits Act, in paragraph 3 of Part I (contribution condition for maternity allowance) in sub-paragraph (1)(a) for “52 weeks immediately preceding the 14th week before” there is substituted “66 weeks immediately preceding”.
Beginning of maternity pay period
3
1
Section 165 of the Contributions and Benefits Act (the maternity pay period) is amended as follows.
2
In subsection (3)
(power to prescribe cases in which the first week of the maternity pay period is to be later than the 11th week before the expected week of confinement), for “the 6th week before the expected week of confinement” there is substituted “the week immediately following the week in which she is confined”.
3
In subsection (7)
(section to have effect subject to prescribed modifications in certain cases), in paragraph (b)(i), for “during the period beginning with the 11th week, and ending with the 7th week,” there is substituted “at any time after the end ofthe week immediately preceding the 11th week”.
Rates of payment of statutory maternity pay
4
1
Section 166 of the Contributions and Benefits Act (rates of payment of statutory maternity pay) is amended as follows.
2
At the end of subsection (3)
there is added “which must not be less than the weekly rate of statutory sick pay for the time being specified in section 157(1) above or, if two or more such rates are for the time being so specified, the higher or highest of those rates”.
3
For subsection (4)
there is substituted —
4
Statutory maternity pay shall be payable to a woman —
a
Lat the higher rate in respect of the first 6 weeks in respect of which it is payable; and
b
at the lower rate in respect of the portion of the maternity pay period after the end of that 6 week period.
.
4
Subsections (5)
to (8) are omitted.
Recovery of amounts paid by way of statutory maternity pay
5
1
Section 167 of the Contributions and Benefits Act (recovery of amounts paid by way of statutory maternity pay) is amended as follows.
2
In subsection (1) —
a
in paragraph (a), for the words from “the amount” onwards there is substituted —
an amount equal to the sum of —
i
the aggregate of such of those payments as qualify for small employers' relief; and
ii
an amount equal to 92 per cent., of the aggregate of such of those ayments as do not so qualify,
by making one or more deductions from his contributions payments;
,
b
in paragraph (b), for “any payments of statutory maternity pay which they have made” there is substituted “amounts which they are entitled to recover by virtue of paragraph (a) above”, and
c
in paragraph (c), after “statutory maternity pay”(where first occurring) there is inserted “qualifying for small employers' relief ”.
3
After subsection (1)
there is inserted —
1A
For the purposes of this section, a payment of statutory maternity pay which a person is liable to make to a woman qualifies for small employers' relief if, in relation to that woman’s maternity pay period, the person liable to make the payment is a small employer.
1B
For the purposes of this section “small employer”, in relation to a woman’s maternity pay period, shall have the meaning assigned to it by regulations, and, without prejudice to the generality of the foregoing, any such regulations —
a
Lmay define that expression by reference to the amount of a person’s contributions payments for any prescribed period; and
b
if they do so, may in that connection make provision for the amount of those payments for that prescribed period —
i
to be determined without regard to any deductions that may be made from them under this section or under any other enactment or instrument; and
ii
in prescribed circumstances, to be adjusted, estimated or otherwise attributed to him by reference to their amount in any other prescribed period.
.
Consequential amendments
6
1
In section 164(10)(b)
of the Contributions and Benefits Act, the words“(4) and (5)” are omitted.
2
In Schedule 4 to the Contributions and Benefits Act, in paragraph 4 of Part I after “Maternity allowance” there is inserted “(in cases not falling within section 35(1A)(a))”.
Peter Lilley
Secretary of State for Social Security
4th May 1994


text:
1
The Birmingham City Council, (Birmingham and Fazeley Canal Bridge) Scheme 1990 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans (as modified) are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of Birmingham City Council, Ingleby House, 11–14 Cannon Street, Birmingham.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Birmingham City Council, (Birmingham and Fazeley Canal Bridge) Scheme 1990 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
B. J. Billington
Department of Transport
28th February 1994


text:
1
This Order may be cited as the A23 Trunk Road (Brighton Road, Croydon) (Prohibition of Right Turn and U-Turn) Order 1994 and shall come into force on 29th January 1994.
2
In this Order —
“Brighton Road” means that length of the A23 Trunk Road in the London Borough of Croydon known as Brighton Road;
“central reserve” means that part of Brighton Road which separates its two carriageways for the safety and guidance of vehicles using that road between its junction with Purley Road and a point 46 metres south-west of its junction with Purley Knoll; and
“Purley Knoll” means the road of that name in the London Borough of Croydon. 3.Save as provided in article 4 below, no person shall cause or permit any vehicle
proceeding in Brighton Road to make a right turn into Purley Knoll;
having entered Brighton Road from Purley Knoll to proceed in any direction other than north-eastwards; or
proceeding south-westbound in Brighton Road to make a U-turn at the south-western extremity of the central reserve so as to proceed in the opposite direction. 4.Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer London Regional Office of the
Department of Transport
24th January 1994


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 6) Regulations 1994 and shall come into force on 2nd December 1994.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs.
2
In regulation 3(1) (definition of non-dependant) at the end there shall be added the words “or with whom a claimant normally resides.”.
3
In paragraph 13(2)(a)(ii) and 13(2)(b)(iii) of Schedule 2 (severe disability premium) for the words “residing with him” there shall be substituted the words “normally residing with him or with whom he is normally residing,”.
Amendment of the Council Tax Benefit (General) Regulations 1992
3
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs.
2
In regulation 3(1) (definition of non-dependant) at the end there shall be added the words “or with whom a claimant normally resides.”.
3
In paragraph 14(2)(a)(ii) and 14(2)(b)(iii) of Schedule 1 (severe disability premium) for the words “residing with him” there shall be substituted the words “normally residing with him or with whom he is normally residing,”.
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs.
2
In regulation 3(1) (definition of non-dependant) at the end there shall be added the words “or with whom a claimant normally resides.”.
3
In paragraph 13(2)(a)(ii) and 13(2)(b)(iii) of Schedule 2 (severe disability premium) for the words “residing with him” there shall be substituted the words “normally residing with him or with whom he is normally residing,”.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West London Mental Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 21st March 1994.
2
In this Order —
“the Authority” means the Kensington Chelsea and Westminster Health Authority;
“the Trust” means the North West London Mental 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 17th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 21st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham General Hospital’s National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Rotherham Health Authority;
“the Trust” means the Rotherham General Hospital’s 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 18th April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th September 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 and shall come into force on 6th April 1994.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 2 as to public access;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“hay meadow” means land used for the production of hay;
“improved permanent grassland” means permanent grassland which is receiving regular inputs of fertiliser;
“livestock unit” means —
1 bovine animal more than two years old;
1.66 bovine animals from six months old to two years old inclusive;
6.66 sheep; or
1 horse more than six months old;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive areas
3
There is hereby designated as an environmentally sensitive area the area of land in the Cotswold Hills in the Counties of Avon, Gloucestershire and Hereford and Worcester which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the Cotswold Hills environmentally sensitive area” dated 3rd March 1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
Requirements included in an agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
5
An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.
Breach of requirements
6
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
7
1
The Minister shall make payments under an agreement for land to which the agreement relates at the following rates —
a
£12 per annum for each hectare of land other than improved permanent grassland or extensive permanent grassland or woodland;
b
£30 per annum for each hectare of improved permanent grassland;
c
£60 per annum for each hectare of extensive permanent grassland, unless a higher rate is applicable in accordance with paragraph (4) below.
2
The Minister shall make payments at the rate per annum of £4 for each 0.25 metre of drystone walls restored per hectare in accordance with the programme referred to in Schedule 1 paragraph 1(5), subject to a maximum of 2 metres of drystone walls per hectare per annum, and to a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 which contains or is enclosed or partially enclosed by such walls.
3
Where an agreement includes the requirements as to public access specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
4
Where an agreement includes the additional provisions specified in Schedule 3 in relation to any land, the Minister shall make payments at the rate of £260 for each hectare of that land.
5
Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £2 for each 0.5 metre of non-stockproof hedges per hectare, subject to a maximum of 2 metres of non-stockproof hedges per hectare per annum, and to a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 which contains or is enclosed or partially enclosed by such hedges.
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
3rd March 1994.
We consent,
Timothy Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation (Amendment) Order 1994 and shall come into force on 30th April1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Lake District) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following prvisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “managed woodland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (4)
of article 6 of the principal Order there shall be substituted the following article:
4
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding 100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 6 of Schedule 5 to the principal Order there shall be inserted the following paragraph:
7
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majsty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth Community Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the Plymouth and Torbay Health Authority;
“the Trust” means the Plymouth Community Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Plymouth Health Authority and the Trust on 18th February 1993, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 8th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
11th January 1994


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1994 and shall come into force on 31st March 1994.
Amendment of the Feeding Stuffs Regulations 1991
2
The Feeding Stuffs Regulations 1991 shall be further amended in accordance with regulation 3 below.
3
1
In Schedule 4 —
a
in Part III (“PERMITTED EMULSIFIERS, STABILISERS, THICKENERS AND GELLING AGENTS”)
i
in Chapter A, after the provisions relating to Microcrystalline cellulose there shall be inserted the following provisions:
E460(ii) Cellulose powder
ii
in Chapter B, after the provisions relating to Partial polyglycerol esters of polycondensed fatty acids of castor oil (polyglycerol polyricinoleate) there shall be added the following provisions:
E499 Cassia Gum Dogs, Cats 17600 Canned feeding stuffs only
b
in Part VII (“AROMATIC AND APPETISING SUBSTANCES”), in Columns 4 and 6 opposite the reference to the additive Neohesperidine dihydrochalcone, there shall be added the following provisions:
— — — Calves — 30 Ovines — 30
2
In Schedule 7 —
a
after the provisions relating to item 2.2.2 (“Ammonium acetate in aqueous solution”) there shall be inserted the following provisions:
— 2.2.3 Ammonium sulphate in aqueous solution ( NH 4 ) 2 SO 4 — Ammonium sulphate: min. 35% Ruminants, from the start of rumination
Declarations to be made on the label or packaging of the product:
the words “Ammonium sulphate”;
nitrogen and moisture contents;
animal species;
in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5%
Declarations to be made on the label or packaging of the compound feeding stuffs:the words “Ammonium sulphate”;
the amount of the product contained in the feeding stuff;
percentage of the total protein provided by non-protein nitrogen;
indication in the instructions for use of the level of total non-protein nitrogen which should not be exceeded in the daily ration of each animal species;
in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5%.
b
after the provisions relating to item 3.1.4 (“Concentrated liquid sodium DL-Methionine technically pure”) there shall be inserted the following provisions:
— 3.1.5 DL-methionine, technically pure protected with copolymer vinylpyridine/styrene CH 3 S(CH 2 ) 2 -CH(NH 2 )-COOH — DL-methionine: minimum 65% copolymer vinylpyridine/styrene: maximum 3% Dairy cows Declarations to be made on the label or packaging of the product:
“Protected methionine with copolymer vinyl-pyridine/styrene”;
DL-methionine and moisture contents
animal species
c
after the provisions relating to item 3.2.6 (“L-Lysine phosphate and its by-products produced by fermentation with Brevibacterium lactofermentum NRRLB-11470”) there shall be inserted the following provisions:
—
3.2.7 mixtures of:
L-lysine-monohydrochloride, technically pure and,
NH 2 -(CH 2 ) 4 -CH(NH 2 )-COOH-HC1 L-lysine + DL-methionine: minimum 50% (including DL-methionine: minimum 15% Copolymer vinyl-pyridine/styrene: maximum 3% Dairy cows
Declarations to be made on the label or packaging ofthe product:
the name “mixture of-L-lysine monohydrochloride and DL-methionine protected with copolymer vinyl-pyridine/ /styrene”
L-lysine, DL-methionine and moisture contents;
animal species.
b
DL-methionine, technically pure protected with copolymer vinyl-pyridine/styrene
CH 3 S(CH 2 ) 2 -CH(NH 2 )-COOH
d
for the provisions relating to item 4 (“Hydroxy-analogues of amino acids”) and item 4.1 (“Hydroxy-analogue of methionine and its salts”) there shall be substituted the following provisions:
4. Analogues of amino acids 4.1 Analogues of methionine
4.1.1 Hydroxy analogue of methionine
4.1.2 Calcium salt of hydroxy analogue of methionine
CH 3 S(CH 2 ) 2 -CH(OH)-COOH
[CH 3 -S-(CH 2 ) 2 -CH(OH)-COO] 2 Ca
—
—
Total of acids: minimum 85% Monomer acid: minimum 65%
Monomer acid: minimum 83% Calcium: minimum 12%
all animal species
Declarations to be made on the label or packaging of the product:
if appropriate, the name](column 2);
monomer acid and total acids contents in the case of product 4.1.1 and monomer acid content in the case of product 4.1.2;
moisture content;
animal species
Declarations to be made on the label or packaging of compound feeding stuffs:
if appropriate, the name (column 2);
monomer acid and total acids contents in the case of product 4.1.1 and monomer acid content in the case of product 4.1.2;
amount of the product contained in the feeding stuff
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th February 1994
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
16th February 1994
Wyn Roberts
Minister of State Welsh Office
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent and Sussex Weald National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
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 she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Kent and Sussex Weald National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Kent and Sussex Weald 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 Pembury Hospital, Tonbridge Road, Pembury, Tunbridge Wells, Kent TN2 4QJ and associated hospitals;
b
to manage community health services provided from Pembury Hospital, Tonbridge Road, Pembury, Tunbridge Wells, Kent TN2 4QJ 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 trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Tunbridge Wells 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 those premises to the trust.
2
The Tunbridge Wells 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 its 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 the Tunbridge Wells 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 disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
Citation and commencement
1
This Order may be cited as the Mount Vernon Hospital National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Mount Vernon Hospital National Health Service Trust established by the Mount Vernon Hospital National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1994, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1995.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
4th July 1994


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No.3) Order 1994.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1994 and the Child Abduction and Custody (Parties to Conventions) (Amendment) (No.2) Order 1994 are 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 and commencement
1
This Order may be cited as the Spongiform Encephalopathy (Miscellaneous Amendments) Order 1994 and shall come into force on 2nd November 1994.
Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985
2
1
The Diseases of Animals (Ascertainment of Disease) Order 1985 shall be amended in accordance with this article.
2
In article 2 (extension of the definitions of “animals” and “disease”) for paragraph (b) there shall be substituted the following:
b
the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise African horse sickness, Aujeszky’s disease, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, rabies, spongiform encephalopathy and Teschen disease.
.
3
In article 3 (interpretation) for the definition of “disease” there shall be substituted the following:
“disease” means African horse sickness, Aujeszky’s disease, Brucellosis caused by Brucella melitensis , cattle plague, contagious agalactia, contagious epidydimitis, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, pleuro-pneumonia, rabies, sheep-pox, spongiform encephalo- pathy, swine fever, and Teschen disease;
.
Amendment of the Specified Diseases (Notification) Order 1991
3
1
The Specified Diseases (Notification) Order 1991 shall be amended in accordance with this article.
2
After article 4 there shall be inserted the following:
Notification of spongiform encephalopathy
4A
1
A person who, in the course of a laboratory examination of the carcase of any poultry, or any animal other than a sheep, a goat or an animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall —
a
give notice of that fact as soon as practicable in accordance with article 5(1) below,
b
retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector, and
c
if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.
2
This article shall not apply to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase, or a sample in a laboratory.
3
For the purposes of the Act in its application to this article —
a
the definition of “animals” in section 87(1) of the Act is hereby extended to comprise —
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal;
b
the definition of “poultry” in section 87(4) of the Act is hereby extended to comprise birds of all species; and
c
the definition of “disease” in section 88(1) of the Act is hereby extended to comprise any spongiform encephalopathy.
.
3
In article 6 (offence) for the words “article 4” there shall be substituted the words “article 4 or article 4A”.
4
In article 8 (local authority to enforce order) for the words “article 4” there shall be substituted the words “articles 4 and 4A”.
Amendment of the Bovine Spongiform Encephalopathy Order 1991
4
1
The Bovine Spongiform Encephalopathy Order 1991 shall be amended in accordance with this article.
2
In article 4(1) (interpretation) for the definition of “specified bovine offal” there shall be substituted the following —
“specified bovine offal” means, in relation to any bovine animal —
where the animal is over six months of age and has in the United Kingdom died or been slaughtered, the brain, spinal cord, spleen, thymus, tonsils and intestines;
where the animal is two months of age or over but not over six months of age and has in the United Kingdom died or been slaughtered, the thymus and intestines only; and
where the animal is under two months of age and has been slaughtered in the United Kingdom for human consumption, the thymus and intestines only;
.
3
In article 5 (notification of disease in bovine animals) after paragraph (2) there shall be added the following:
3
A person who, in the course of a laboratory examination of the carcase of an animal reasonably suspects the presence of bovine spongiform encephalopathy, shall —
a
with all practicable speed, notify the fact to the Divisional Veterinary Officer,
b
retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector, and
c
if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.
4
Paragraph (3) above shall not apply to any bovine spongiform encephalopathy which has been deliberately introduced into an animal, a carcase, or a sample in a laboratory.
.
4
In article 12 (prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry) for (a) and (b) of paragraph (1) there shall be substituted the following:
a
knowingly sell or supply for feeding to ruminant animals any feedingstuff in which he knows or has reason to suspect any mammalian protein has been incorporated;
b
feed to a ruminant animal any feedingstuff in which he knows or has reason to suspect that any mammalian protein has been incorporated;
.
5
For article 14 there shall be substituted the following —
Prohibition of exportation of specified bovine offal
14
1
Subject to paragraph (2) below no person shall export from Great Britain to a member State specified bovine offal or protein derived from any specified bovine offal.
2
The prohibition in paragraph (1) above shall not apply to the export for research purposes of specified bovine offal or protein derived from any specified bovine offal under the authority of a licence issued by the Minister and in accordance with any conditions subject to which the licence is issued.
3
Any person wishing to obtain a licence under paragraph (2) above shall apply to the Minister in such form and manner and within such time as the Minister may require.
.
6
In article 15 (sampling) before the words “the provisions of articles 9, 12 and 14” there shall be inserted the words “any of”.
7
In article 17 (offences) in paragraph (b) after the words “article 5(1), 5(2),” there shall be inserted “5(3),” and in paragraph (d) for “14(1)” there shall be substituted “14(2)”.
8
In the Schedule, for condition (e) of form A there shall be substituted the following:
e
Milk from the animal must not be sold or supplied for human consumption, nor be fed to animals or poultry, except to its own calf.
.
9
In the Schedule, in Form C for the word “Ministry” where it appears for the second time there shall be substituted the word “Minister”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
6th October 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th October 1994
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
10th October 1994


text:
1
These Regulations may be cited as the Insurance Companies (Pension Business) (Transitional Provisions) (Amendment) Regulations 1994 and shall come into force on 21st December 1994.
2
In regulation 4 of the Insurance Companies (Pensions Business) (Transitional Provisions) Regulations 1992 for paragraph (3) there shall be substituted the following paragraphs —
3
The prescribed percentage is 12.5 per cent. for an accounting period ending after 31st December 1993 and before 1st January 1995.
4
Subject to paragraphs (2) and (3) above, the prescribed percentage is 10 per cent.
.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
29th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bournewood Community and Mental Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
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 she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bournewood Community and Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bournewood Community and Mental Health 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 Abraham Cowley Unit, Holloway Hill, Chertsey, Surrey KT18 0QA and associated hospitals;
b
to manage community health services provided from Bournewood House, Guildford Road, Chertsey, Surrey KT16 0PZ 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 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.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Title and commencement
1
This Order may be cited as the Brucellosis (England and Wales) (Amendment) Order 1994 and shall come into force on 17th November 1994.
Amendment to the Brucellosis (England and Wales) Order 1981
2
1
The Brucellosis (England and Wales) Order 1981 shall be amended in accordance with the provisions of this article.
2
After article 8 there shall be inserted the following article —
Sampling of milk for testing for evidence of the existence of brucellosis
8A
1
Subject to paragraph (2) below it shall be the duty of any person who purchases milk for resale in any form from the owner or person in charge of a herd of bovine animals to ensure that, once in every month and at the expense of the purchaser —
a
a sample of milk is taken from that herd;
b
such sample is taken from milk which includes milk from all bovine animals whose milk is available for sale and, where requested by the appropriate laboratory, such preservative as is specified by the laboratory;
c
such sample is labelled with —
i
a bar code which enables the herd from which the sample was taken to be electronically identified by the appropriate laboratory; and
ii
the date on which the sample was taken; and
d
such sample is sent forthwith for testing for evidence of the existence of brucellosis to either —
i
the animal health laboratory of Genus Ltd. at Bryn-yr-Odin, 22 Myrtle Terrace, Llanelli, Dyfed, SA15 1LL; or
ii
in the case of a person purchasing milk which has originated from a herd situated in Scotland and also from a herd situated in England or Wales, either the animal health laboratory of Genus Ltd. or a laboratory which is listed in the Brucellosis (Scotland) Order 1979 for testing for evidence of the existence of brucellosis, provided that such purchaser has previously notified the appropriate Minister of the laboratory selected for this purpose.
2
The duty imposed by paragraph (1) above shall not apply to any person who purchases pre-packed raw milk for resale —
a
in the containers in which he receives such milk with the fastenings of such containers unbroken;
b
from a vehicle which is used as a shop premises; and
c
direct to the ultimate consumer,
and in this paragraph “ultimate consumer” means any person who buys milk other than —
i
for the purposes of resale;
ii
for the purposes of a catering establishment; or
iii
for the purposes of a manufacturing business.
3
Subject to any requirement under paragraph (1)(b) above to add a preservative, no person shall treat or otherwise tamper with any sample which has been taken for the purposes of this article or with its label.
4
For the purposes of this article a person shall be deemed to have treated or tampered with a sample if he does anything in relation to it which is likely to affect the result of the testing required under this article.
5
When a sample is tested by the animal health laboratory of Genus Ltd. for evidence of the existence of brucellosis and the result of the test is either positive or inconclusive, the person in charge of the laboratory shall notify the appropriate Minister forthwith of the fact.
6
The person in charge of the animal health laboratory of Genus Ltd. shall —
a
maintain a record of those herds whose milk is required to be tested under paragraph (1) above; and
b
notify the appropriate Minister forthwith if, for any month, a sample from one of the herds listed in the records required under sub-paragraph (a) above is not received.
7
Where the result of the testing of a sample for evidence of the existence of brucellosis is negative, the person in charge of the animal health laboratory of Genus Ltd. shall keep a record of the name and address of the owner or person in charge of the herd to which the sample relates and shall send such record to the appropriate Minister every six months.
8
The person in charge of the animal health laboratory of Genus Ltd. shall retain the records required under paragraphs (6) and (7) above for a period of one year from the date of testing.
9
If any person fails to take any action required to be taken by him under the provisions of paragraph (1) above, an inspector may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the appropriate Minister from the person in default.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
26th October 1994