text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1994 and shall come into force on 28th March 1994.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of respiratory protective equipment —
a
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1980 ;
c
under the Ionising Radiations Regulations 1985 ;
d
under the Control of Asbestos at Work Regulations 1987 ; and
e
under the Control of Substances Hazardous to Health Regulations 1988 .
2
The fee payable for approval of each item of the subject matter described in column 1 of Schedule 2 shall be that specified in column 2 of that Schedule and the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, together with any fee determined under paragraph (4), where applicable.
4
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Offshore installations
13
The owner of any offshore installation (within the meaning assigned to those words by section 1(4) of the Mineral Workings (Offshore Installations) Act 1971 in respect of which an examination has been carried out under regulation 11(1) of the Offshore Installations (Life saving Appliances) Regulations 1977 or under regulation 20(1) of the Offshore Installations (Fire-fighting Equipment) Regulations 1978 shall pay to the Executive on demand a fee calculated as follows:
a
a sum based on the time spent by the person carrying out the examination on carrying it out and in travelling to and from the installation calculated in accordance with the provisions of Schedule 11; and
b
a sum equal to the cost of travelling and subsistence expenses reasonably incurred by the person carrying out the examination.
Vocational training certificates under the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992
14
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where a fee of the sum specified in Schedule 12 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 5 of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 where, within the period of 12 months which precede the expiry of the original certificate or any extensions of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 12 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Calculation of hours worked
15
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2), 3(2) or 10(6) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Modifications and revocations
16
1
The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 is modified as follows —
a
in regulation 5, in paragraph (2), at the end of sub-paragraph (a), after the semi-colon, add “and”;
b
in regulation 5, in paragraph (2), at the end of sub-paragraph (b), for the semi-colon substitute a full stop and delete “and”;
c
in regulation 5, in paragraph (2), delete sub-paragraph (c);
d
in regulation 5, for paragraph (5), substitute the following paragraph —
5
Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragaph, the holder can show to the satisfaction of the Secretary of State that he has —
a
sucessfully completed a refresher course in the carriage of dangerous goods which has been approved by the Secretary of State; and
b
passed the examination referred to in paragraph (2)(b).
; and
e
in regulation 8, delete “5(2)(c) or (5)(b) or”.
2
The instruments specified in column 1 of Schedule 13 are hereby revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
Northern Ireland
17
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
22nd February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Fund Payments) Order 1994 and shall come into force on 6th April 1994.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992.
Weekly earnings figures and appropriate percentage rates for secondary earnings brackets
2
1
Section 9 of the Act (calculation of secondary Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (3) (secondary earnings brackets and percentage rates) —
a
for the figure “£94.99” specified in respect of Bracket 1 there shall be substituted the figure “£99.99” and for the percentage rate figure “4.6 per cent.” there shall be substituted the figure “3.6 per cent.”;
b
for the figures “£95.00” and “£139.99” specified in respect of Bracket 2 there shall be substituted respectively the figures “£100.00” and “£144.99” and for the percentage rate figure “6.6 per cent.” there shall be substituted the figure “5.6 per cent.”;
c
for the figures “£140.00” and “£194.99” specified in respect of Bracket 3 there shall be substituted respectively the figures “£145.00”and “£199.99” and for the percentage rate figure “8.6 per cent.” there shall be substituted the figure “7.6 per cent.”;
d
for the figure “£195.00” specified in respect of Bracket 4 there shall be substituted the figure “£200.00” and for the percentage rate figure “10.4 per cent.” there shall be substituted the figure “10.2 per cent.”.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 11 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for the figure “£5.55” there shall be substituted the figure “£5.65”;
b
in subsection (4) (small earnings exception) for the figure “£3,140” there shall be substituted the figure “£3,200”.
Amount of Class 3 contributions
4
In section 13(1) of the Act (amount of Class 3 contributions) for the figure “£5.45”there shall be substituted the figure “£5.55”.
Percentage rate and lower and upper limits for Class 4 contributions
5
In both section 15(3) and section 18(1) of the Act (Class 4 contributions recoverable under the Income Taxes Acts and under regulations) —
a
for the percentage rate “6.3 per cent.” there shall be substituted the percentage rate “7.3 per cent.”;
b
for the figure “£6,340”(lower limit) on each occasion where it appears there shall be substituted the figure “£6,490”;
c
for the figure “£21,840” (upper limit) there shall be substituted the figure “£22,360”.
Prescribed percentage of estimated benefit expenditure
6
Section 2(2) of the 1993 Act shall have effect with respect to the tax year 1994-95 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 16 per cent.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
2nd March 1994
We consent,
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
1
These Regulations may be cited as the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
2
The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 are hereby amended as follows.
3
In regulation 1(2) —
a
in the definitions commencing “Category A substance” —
i
for “the column of Schedule 1 headed ‘Substance’ ” there shall be substituted “Column A of chapters 17 and 18 of the IBC Code”;
ii
for “as the case may be by an entry of ‘A’, ‘B’, ‘C’ or ‘D’ as the case may be in column II of that Schedule” shall be omitted; and
iii
“or class-approved” there shall be substituted “in Column C”;
b
the definition of “class-approved” shall be omitted;
c
in the definition of “IBC Code” for “(1990 Edition)” there shall be substituted “(1994 edition)”;
d
in the definition of “ MARPOL 1973/78” after “17th March 1989” there shall be added “and 6th March 1992”;
e
for the definition of “non-polluting substance” there shall be substituted “means a substance identified as ` III ' in the pollution category column of chapters 17 or 18 of the IBC Code”;
f
for the definition of “noxious liquid substances” there shall be substituted “means the substances listed in either MEPC Circular 281 or chapters 17 and 18 of the IBC Code with a pollution category of ‘A’, ‘B’, ‘C’ or ‘D’ ”;
g
in the definition of “oil-like substance” for “Schedule 3” shall be substituted “MARPOL 1973/78 Annex II regulation 14”;
h
in the definition of “provisionally listed” for “Merchant Shipping Notice No. M.1270” there shall be substituted “MEPC Circular 281”;
i
in the definition of “Special Area” —
i
“either the Baltic Sea area or the Black Sea area” shall be replaced by “the Baltic Sea area, the Black Sea area or the Antarctic area”;
ii
there shall be inserted at the beginning of the definitions of areas the following —
“the Antarctic Sea area” means the sea area south of latitude 60 degrees South;
.
4
Paragraph (3) of regulation 1 shall be replaced by the following paragraph —
3
Any reference in these Regulations to any of the following —
a
Code for the Construction and Equipment of Ships Carrying Dangerous Goods in Bulk;
b
International Code for the Construction and Equipment of Ships Carrying Dangerous Goods in Bulk;
c
International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
d
MARPOL 1973/78;
e
MEPC Circular 281;
shall include a reference to any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
.
5
At the beginning of Part II, there shall be inserted the following regulation —
Antarctic Area
2A
In respect of the Antarctic area any discharge into the sea of noxious liquid substances is prohibited.
.
6
In regulation 4(2), paragraphs (a) and (b) shall be replaced by the following paragraphs:
a
outside Special Areas, 0.1 per cent by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be at 0.01 per cent by weight;
b
inside Special Areas, 0.05 per cent by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be at 0.005 per cent by weight.
.
7
The text in regulation 26 shall become paragraph (1), and the following paragraph shall be added:
2
For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out by a body or laboratory in a member State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.
.
8
In regulation 29(1), for “£1,000” there shall be substituted “the statutory maximum”.
9
Schedules 1, 2, 3 and 4 shall be omitted.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
4th August 1994


text:
1
These Regulations may be cited as the M4 Motorway (Heathrow Airport Spur) (Speed Limit) Regulations 1994 and shall come into force on 1st October 1994.
2
In these Regulations —
“Cherry Lane Roundabout” means the roundabout at that point in the London Borough of Hillingdon where Holloway Lane, Cherry Lane, Stockley Road and Shepiston Lane converge;
“the Heathrow Airport Spur” means that length of motorway between its junction with Cherry Lane Roundabout and a point 95 metres north of the northern parapet of the overbridges in Bath Road (A4) (being a distance measured along the motorway of approximately 1675 metres), including the Junction 4 roundabout;
“the Junction 4 Roundabout” means the roundabout forming part of the Heathrow Airport Spur at its junctions with the eastbound exit ramp and the westbound exit ramp;
“the M4 Motorway” means the London — South Wales Motorway (M4);
“motorway” has the meaning given in regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982 ;
“the eastbound exit ramp” means that length of motorway lying to the west of the Junction 4 Roundabout which links the eastbound main carriageway of the M4 Motorway with the Junction 4 Roundabout; and
“the westbound exit ramp” means that length of motorway lying to the east of the Junction 4 Roundabout which links the westbound main carriageway of the M4 Motorway with the Junction 4 Roundabout.
3
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of motorway specified in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
9th August 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Royal Marsden National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Marsden 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 Royal Marsden National Health Service Trust.
Nature and functions of the trust.
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Royal Marsden Hospital, Fulham Road, London SW3 6JJ and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust.
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust.
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Board of Governors of the Royal Marsden Hospital 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 Board of Governors of the Royal Marsden Hospital 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 Board of Governors of the Royal Marsden Hospital.
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
23rd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderstones National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th February 1994.
2
In this Order —
“the Authority” means the Burnley, Pendle and Rossendale Health Authority;
“the Trust” means the Calderstones 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 23rd June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th 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
13th January 1994


text:
PART I
GENERAL
Citation and commencement
1
1
This Order may be cited as the Isle of Wight (Structural Change) Order 1994.
2
This Order shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“borough councillor” means a councillor of the borough of Medina or of the borough of South Wight;
“the Island” means the county of Isle of Wight, and “old electoral division” means an electoral division of that county established by the County of Isle of Wight (Electoral Arrangements) Order 1980 ;
“the Island council” means the Isle of Wight County Council (renamed the Isle of Wight Council as from 1st April 1995) and “Island councillor” means a councillor of the Island council;
“the maps” means the 10 maps prepared by the Department of the Environment, and marked “Maps of the Isle of Wight (Structural Change) Order 1994”;
“Medina” means the borough of Medina, “the Medina council” means the Medina Borough Council, and “old Medina ward” means a ward of that borough established by the Borough of Medina (Electoral Arrangements) Order 1976 ; and
“South Wight” means the borough of South Wight, “the South Wight council” means the South Wight Borough Council, and “old South Wight ward” means a ward of that borough established by the Borough of South Wight (Electoral Arrangements) Order 1976 .
2
For the purposes of this Order —
“the preliminary date” means 3rd May 1994;
“the electoral date” means 4th May 1995;
“the establishment date” means 8th May 1995;
“the shadow period” means the period commencing on the preliminary date, and terminating immediately prior to 1st April 1995; and
“the reorganisation date” means 1st April 1995.
PART II
LOCAL GOVERNMENT REORGANISATION ON THE ISLAND
Abolition of the borough councils, and transfer of their functions to the Island council
3
On the reorganisation date —
a
the Medina council and the South Wight council shall be abolished;
b
any person in office as a borough councillor shall cease to hold that office;
c
the old Medina wards and the old South Wight wards shall cease to exist;
d
all functions of each abolished council other than functions under Chapter II of Part II of the 1990 Act shall be transferred to the Island council; and
e
the Island council shall be the sole principal council for the Island .
Name of the Island council
4
As from the reorganisation date, the Island council shall be renamed the Isle of Wight Council.
New elections for the Island council
5
1
As from the establishment date, the Island council shall consist of 48 Island councillors.
2
New elections for Island councillors shall be held on the electoral date .
3
For the purposes of those new elections and of subsequent elections for the Island council —
a
the old electoral divisions of the Island shall cease to exist; and
b
the Island shall be divided into 48 new electoral divisions as shown on the maps and described in Schedule 1 to this Order, each new division being represented by one Island councillor.
4
Any Island councillor in office immediately prior to the establishment date who is not re-elected as such on the electoral date shall cease to hold office on the establishment date.
5
Island councillors elected on the electoral date shall come into office on the establishment date, and retire on 11th May 1998.
6
The next elections for Island councillors shall be held on 7th May 1998. The councillors then elected shall come into office on 11th May 1998, and retire on the fourth day after the ordinary day of election of councillors in 2001.
PART III
TOWN AND COUNTRY PLANNING
Island council as planning authority
6
1
As from the reorganisation date, the Island council shall cease to exercise functions under Chapter II of Part II of the 1990 Act.
2
As from the reorganisation date, the Island council is to be treated as an authority to which Chapter I of Part II of the 1990 Act applies, and for this purpose, as if it were an area within a metropolitan county, and references to the local planning authority shall be construed accordingly.
Modifications to the 1990 Act
7
1
In section 27 of the 1990 Act, delete the words, “for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority)” and insert “for any area in the Isle of Wight (whether the whole or part of the area of the Island council)”.
2
Nothing in section 28 of the 1990 Act shall apply in the area of the Isle of Wight.
3
Until a unitary development plan becomes operative for the area of the Island council (or where parts of such a plan become operative on different dates until every part of such a plan has become operative) Part I of Schedule 2 to the 1990 Act (which provides for existing plans to continue in force) shall apply to that area, and Part III of that Schedule shall apply in relation to it for the purposes of making continuing provision for the transitional matters for which provision was made immediately before the commencement of the 1990 Act by Schedule 7 to the Town and Country Planning Act 1971 (old development plans, etc. ).
4
In the application of Part I of Schedule 2 to the 1990 Act to the Island council, for the words “the commencement of this Act”, there shall be substituted “the commencement of this Order”.
PART IV
THE SHADOW PERIOD
Preparations by Island council for assumption of abolished councils' functions
8
During the shadow period, the Island council shall have the following additional functions —
a
it shall prepare for the assumption on the reorganisation date of all functions transferred by article 3 or conferred by Part III of this Order;
b
it shall prepare any budgets and plans which will be required when those functions are assumed; and
c
it shall liaise with the Medina council and the South Wight council for the purpose of ensuring continuity of public service delivery on and after that date.
Powers during the shadow period
9
For the purposes of discharge of the functions mentioned in article 8:
a
paragraphs (3) to (7) (inclusive) of regulation 11 (Functions and powers of the shadow authority) of the Local Government Changes for England Regulations 1994 shall apply to the Island council as to a shadow authority; and
b
regulation 12 (Duty of transferor authority to assist the shadow authority) of those Regulations shall apply to the Medina council and the South Wight council in relation to the Island council as it applies in relation to a shadow authority.


text:
1
This Order may be cited as The Public Telecommunication System Designation (Comment Cablevision Worcester Limited) Order 1994 and shall come into force on 28th April 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Neil Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
24th March 1994


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
In article 3(1) and article 12(1)(e) of the principal Order the words “or intended for use” shall be inserted after “used”.
3
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended, after the entry relating to Bermuda by the insertion of the following —
British Virgin Islands
a
when a summons or warrant is issued in respect of an offence;
b
when a person is charged with an offence after being taken into custody without a warrant;
c
when an indictment is preferred
4
Schedule 2 to the principal Order shall be amended as follows —
a
by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order (including where so specified the appropriate authority for a country or territory); and
b
by the removal of the entry relating to Czechoslovakia.
5
There shall be inserted in Schedule 3 to the principal Order, after the entry for Switzerland, the entry for the United States of America (including the appropriate authority) specified in Schedule 2 to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Havering except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Havering as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Havering) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Havering as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 and regulations 2 to 7 shall have effect in relation to payments of statutory maternity pay due on or after 4th September 1994.
2
This regulation and regulation 9 shall come into force on 31st July 1994.
3
Regulations 2 to 8 shall come into force on 4th September 1994.
4
In these Regulations —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992
“the Maternity Allowance Regulations ” means the Social Security (Maternity Allowance) Regulations 1987 ;
“contributions payments”, in relation to an employer, means any payments which an employer is required, by or under any enactment, to make in discharge of any liability in respect of primary or secondary Class 1 contributions;
“employer” shall include a person who was previously an employer of a woman to whom a payment of statutory maternity pay was made, whether or not that person remains her employer at the date any deduction from contributions payments is made by him in accordance with regulation 5 or, as the case may be, any payment is received by him in accordance with regulation 6;
“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;
“payment of statutory maternity pay” means the total amount of statutory maternity pay paid by an employer to an employee during her maternity pay period;
“qualifying day” means the first day in the week immediately preceding the 14th week before the expected week of confinement in which a woman who is or has been an employee first satisfies the conditions of entitlement to statutory maternity pay for which a deduction from a contributions payment is made by her employer in respect of a payment of statutory maternity pay made by him;
“qualifying tax year” means the tax year preceding the tax year in which the qualifying day in question falls.
5
Unless the context otherwise requires any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
6
For the purposes of regulations 5 and 6 “the Secretary of State” shall include a reference to the Commissioners of Inland Revenue acting on his behalf.
Meaning of “small employer”
2
1
Subject to the following provisions of this regulation, a small employer is an employer whose contributions payments for the qualifying tax year do not exceed £20,000.
2
For the purposes of this regulation, the amount of an employer’s contributions payments shall be determined without regard to any deductions that may be made from them under any enactment or instrument.
3
Where in the qualifying tax year an employer has made contributions payments in one or more, but less than 12, of the income tax months, the amount of his contributions payments for that tax year shall be estimated by adding together all of those payments, dividing the total amount by the number of those months in which he has made those payments and multiplying the resulting figure by 12.
4
Where in the qualifying tax year an employer has made no contributions payments, but does have such payments in one or more income tax months which fall both —
a
in the tax year in which the qualifying day falls, and
b
before the qualifying day or, where there is more than one such day in that tax year, before the first of those days,
then the amount of his contributions payments for the qualifying tax year shall be estimated in accordance with paragraph (3) but as if the amount of the contributions payments falling in those months had fallen instead in the corresponding tax months in the qualifying tax year.
Determination of the amount of additional payment to which a small employer shall be entitled
3
In respect of any payment of statutory maternity pay a small employer shall be entitled to an additional payment being an amount equal to 4 per cent. of such payment, that percentage being the total amount of secondary Class 1 contributions estimated by the Secretary of State as to be paid in respect of statutory maternity pay by all employers in that year, expressed as a percentage of the total amount of statutory maternity pay estimated by him to be paid by all employers in that year.
Right of employers to prescribed amount
4
An employer who has made any payment of statutory maternity pay shall be entitled —
a
to an amount equal to 92 per cent. of such payment; or
b
if he is a small employer —
i
to an amount equal to such payment; and
ii
to an additional payment under regulation 3;
which in either case (a) or (b) he shall be entitled to deduct in accordance with the provisions of regulation 5 or, as the case may be, to receive in accordance with the provisions of regulation 6.
Deductions from contributions payments
5
An employer who is entitled to a payment determined in accordance with regulation 4 may recover such payment by making one or more deductions from his contributions payments except where and insofar as —
a
the contributions payments relate to earnings paid before the beginning of the income tax month in which the payment of statutory maternity pay was made;
b
the contributions payments are made by him later than 6 years after the end of the tax year in which the payment of statutory maternity pay was made;
c
the amount determined in accordance with regulation 4 has been paid to him under regulation 6 by the Secretary of State; or
d
the employer has made a request in writing under regulation 6 that the amount of the payment of statutory maternity pay or the amount determined in accordance with regulation 4 be paid to him and he has not received notification by the Secretary of State that the request is refused.
Payments to employers by the Secretary of State
6
1
If the total amount which an employer is or would otherwise be entitled to deduct under regulation 5 exceeds the total amount which the employer is liable to pay by way of primary and secondary Class 1 contributions in respect of the earnings paid in an income tax month, and the Secretary of State is satisfied that that is so, then provided that the employer has in writing requested him to do so, the Secretary of State shall pay the employer such amount as the employer was unable to deduct.
2
If an employer is not liable to pay any primary or secondary Class 1 contributions but would otherwise be entitled to deduct an amount under regulation 5, and the Secretary of State is satisfied that that is so, then provided the employer has in writing requested him to do so, the Secretary of State shall pay the employer that amount.
Date when certain contributions are to be treated as paid
7
Where an employer has made a deduction from a contributions payment under regulation 5, the date on which it is to be treated as having been paid for the purposes of section 167(4) of the Contributions and Benefits Act (amount deducted to be treated as paid and received towards discharging liability in respect of Class 1 contributions) is —
a
in a case where the deduction did not extinguish the contributions payment, the date on which the remainder of the contributions payment or, as the case may be, the first date on which any part of the remainder of the contributions payment was paid; and
b
in a case where the deduction extinguished the contributions payment, the 14th day after the end of the income tax month during which there were paid the earnings in respect of which the contributions payment was payable.
Revocation
8
The Statutory Maternity Pay (Compensation of Employers) Regulations 1987 are hereby revoked.
Amendment of regulation 3 of the Maternity Allowance Regulations
9
In regulation 3(4)(c) of the Maternity Allowance Regulations (modification of the maternity allowance period) for head (ii) there shall be substituted the following head —
ii
where a woman is absent from work after the beginning of the 6th week before the expected week of confinement wholly or partly due to pregnancy or confinement, at the end of the 18th week following the week in which she was so absent,
.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
14th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shropshire’s Community Health Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 29th September 1994.
2
In this Order —
“the Authority” means the Shropshire Health Authority;
“the Trust” means the Shropshire’s Community Health Service 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 6th June 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 29th September 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Gerald Malone
Minister of State,
Department of Health
1st September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment (No. 2) Order 1994 and shall come into force on 30th December 1994.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products on prescription only), for “Article 4(1) to (1P)” there is substituted “Article 4(1) to (1V)”.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are not prescription only), the following paragraphs are inserted after paragraph (1P): —
1Q
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance diclofenac diethylammonium where —
a
the maximum strength of the diclofenac diethylammonium in the medicinal product does not exceed 1.16 per cent. calculated in terms of weight in weight;
b
the medicinal product is indicated for external application for the local symptomatic relief of pain and inflammation in trauma of the tendons, ligaments, muscles and joints and in localised forms of soft tissue rheumatism, in adults and in children of not less than the age of 12 years;
c
it is sold or supplied in a container or package containing not more than 30 grams of the medicinal product; and
d
its container or package is labelled to show a maximum period of use of 7 days.
1R
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance felbinac where —
a
the maximum strength of the felbinac in the medicinal product does not exceed 3.17 per cent. calculated in terms of weight in weight;
b
the medicinal product is indicated for external application for the relief of symptoms associated with soft tissue injury such as strains, sprains and contusions, in adults and in children of not less than the age of 12 years;
c
it is sold or supplied in a container or package containing not more than 30 grams of the medicinal product; and
d
the container or package is labelled to show a maximum period of use of 7 days.
1S
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance flunisolide where —
a
the medicinal product is in the form of a non-pressurised nasal spray;
b
the maximum strength of the flunisolide in the medicinal product does not exceed 0.025 per cent. calculated in terms of weight in volume;
c
the medicinal product is indicated for the prevention and treatment of seasonal allergic rhinitis, including hayfever, in adults and children of not less than the age of 12 years;
d
it is sold or supplied in a container or package containing not more than 240 metered doses of the medicinal product; and
e
the container or package is labelled to show a maximum dose of 50 micrograms per nostril and a maximum daily dose of 100 micrograms per nostril of flunisolide in the case of adults and children over the age of 16 years and a maximum dose of 25 micrograms per nostril and a maximum daily dose of 75 micrograms per nostril in the case of other children of not less than the age of 12 years.
1T
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance oxethazaine where —
a
it is sold or supplied in a container or package containing not more than 400 milligrams of oxethazaine; and
b
its container or package is labelled to show a maximum dose of 10 milligrams and a maximum daily dose of 30 milligrams of oxethazaine.
1U
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance piroxicam where —
a
the maximum strength of the piroxicam in the medicinal product does not exceed 0.5 per cent. calculated in terms of weight in weight;
b
the medicinal product is indicated for external application for the relief of rheumatic pain and muscular aches, pains and swellings such as strains, sprains and sports injuries, in adults and in children of not less than the age of 12 years;
c
it is sold or supplied in a container or package containing not more than 30 grams of the medicinal product; and
d
its container or package is labelled to show a maximum period of use of 7 days.
1V
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance ranitidine hydrochloride where —
a
the medicinal product is indicated for the short term symptomatic relief of heartburn, dyspepsia and hyperacidity; and
b
its container or package is labelled to show a maximum dose equivalent to 75 milligrams of ranitidine and a maximum daily dose equivalent to 300 milligrams of ranitidine for a maximum period of use of 14 days.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in the circumstances also listed) —
a
the following substances are inserted at the appropriate points in the alphabetical order of the substances listed in column 1:
Azelaic Acid
Diclofenac Diethylammonium
Nicotinic Acid
Oxethazaine
Pyrimethamine
Terbinafine;
b
in relation to the substance Minoxidil, there are inserted in column 2 the entry “2 per cent.” and in column 3 the entry “External”;
c
for the entries relating to “Nandrolone Laureate” and “Pizotifen Maleate” in column 1, there are substituted the entries “Nandrolone Laurate” and “Pizotifen Malate” respectively;
d
in relation to the substance Nicotinic Acid, there are inserted in column 3 the entry “any use, except for the treatment of hyperlipidaemia” and in column 4 the entry “600mg (MDD)”.
Amendment of Part III of Schedule 1 to the principal Order
5
In Part III of Schedule 1 to the principal Order (medicinal products specified by name and product licence number that are prescription only medicines), the entry “Mucaine 0011/5014” is omitted.
Amendment of Table A of Part IV of Schedule 1 to the principal Order
6
In Table A of Part IV of Schedule 1 to the principal Order (medicinal products specified by name and product licence number that are not prescription only medicines), there are inserted at the appropriate points in the alphabetical order of the names listed the following entries:
Adcortyl in Orabase for Mouth Ulcers (0034/0321)
Anusol Plus HC Ointment (0018/0223)
Anusol Plus HC Suppositories (0018/0224).
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd November 1994
John Redwood
Secretary of State for Wales
25th November 1994
Fraser of Carmyllie
Minister of State The Scottish Office
23rd November 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 25th November 1994.
F. A. Elliott
Permanent Secretary


text:
Citation and commencement
1
This Order may be cited as the Royal Scottish National Hospital and Community National Health Service Trust (Dissolution) Order 1994 and shall come into force on 1st October 1994.
Dissolution of NHS Trust and consequent revocation
2
The Royal Scottish National Hospital and Community National Health Service Trust established by the Royal Scottish National Hospital and Community National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
15th September 1994


text:
1
This Order may be cited as the Free Zone (Prestwick Airport) Designation (Variation) Order 1994 and shall come into force on 1st February 1994.
2
The area designated a free zone by the Free Zone (Prestwick Airport) Designation Order 1991 shall be varied so as to consist of the area of 7.0359 acres in the parish of Ayr in the County of Ayr, shown enclosed by a red line on a map (being of a scale of 1: 2500), marked “Map referred to in article 2 of the Free Zone (Prestwick Airport) Designation (Variation) Order 1994”, signed by a Collector of Customs and Excise and dated 7th December 1993.
3
The map referred to in article 2 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ (and a copy thereof at the offices of Freeport Scotland Limited) in substitution for the map referred to in article 2 of the Free Zone (Prestwick Airport) Designation Order 1991.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
26th January 1994


text:
Title, commencement and extent
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1994 and shall come into force on 30th June 1994.
2
This Scheme shall apply to England and Wales.
Variation of the principal Scheme
2
The Farm and Conservation Grant Scheme 1989 shall be further varied in accordance with the following paragraphs of this Scheme.
3
In paragraph 3(1) (payment of grants), after sub-paragraph (a)(v) there shall be inserted the following sub-paragraph:
vi
on or after 30th June 1994 in respect of any work, facility or transaction of a kind specified in paragraph 9B in column 1 of Schedule 1;
.
4
In paragraph 5 (amounts of grant), in sub-paragraphs (1) and (4), for the words “paragraphs 1 to 9A” there shall be substituted the words “paragraphs 1 to 9B”.
5
In Schedule 1 (“ELIGIBLE WORKS, FACILITIES AND TRANSACTIONS AND RATES OF GRANT”) —
a
after paragraph 9A, there shall be inserted the following paragraph —
9B
Enclosure with stockproof fencing of land which is the subject of management obligations under the Habitat (Water Fringe) Regulations 1994 where the Minister of Agriculture, Fisheries and Food —
a
has accepted an application for aid under those Regulations from the claimant for grant under this Scheme; or
b
has accepted an undertaking under regulation 6(1) of those Regulations to comply with the management obligations relating to that land from the claimant for grant under this Scheme.
40 40
b
in paragraph 10, for the words “paragraphs 1 to 9A” there shall be substituted the words “paragraphs 1 to 9B”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th May 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
13th May 1994
We approve,
Timothy Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
12th May 1994


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)
3
1
Schedule 1B shall be amended as follows.
2
For paragraph 1 of Part I there shall be substituted the following paragraph —
1
This Part of this Schedule has effect subject to Parts III and IV of this Schedule.
.
3
After Part III, there shall be added the provisions set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
20th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1994 and shall come into force on 3rd October 1994.
Amendment of Schedule 3 to the National Assistance (Assessment of Resources) Regulations 1992
2
At the end of Part I of Schedule 3 to the National Assistance (Assessment of Resources) Regulations 1992 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted for the paragraph added by regulation 3 of the National Assistance (Assessment of Resources) (Amendment) Regulations 1994 the following paragraphs —
28B
Any payment which would be disregarded under paragraph 53 of Schedule 9 to the Income Support Regulations .
28C
Any payment which would be disregarded under paragraphs 54 to 56 of Schedule 9 to the Income Support Regulations.
.
Revocation
3
Regulation 3 of the National Assistance (Assessment of Resources) (Amendment) Regulations 1994 is hereby revoked.
Department of Health
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
9th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations “the principal Regulations ” means the Police Pensions Regulations 1987 .
Commutation small pensions
2
Regulation B8(1) of the principal Regulations is amended by substituting for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973,” .
Gratuity in lieu of widow’s pension
3
Regulation E4(3) of the principal Regulations is amended by substituting for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973,”.
Increase of widow’s pension during first 13 weeks
4
Regulation E8 of the principal Regulations is amended —
a
in paragraph (2)(a) by substituting for the words “pensionable pay” the words “relevant emoluments”; and
b
by inserting after paragraph (2) —
2A
For the purposes of paragraph (2)(a) a policeman’s relevant emoluments for a week are —
a
his pensionable pay for the week, and
b
so much as is attributable to the week of any allowances to which he was entitled under regulations 49 to 52B of the Police Regulations 1987 .
.
Payments by women to enhance widowers' awards
5
The principal Regulations are amended by inserting after regulation G5 —
Payments by women to enhance widowers' awards
G6
1
Subject to paragraph (2), a woman —
a
by whom contributions are for the time being payable under regulation G2, and
b
whose pensionable service includes service before 17th May 1990,
may elect to pay additional contributions in order to secure the counting of service before that date in the calculation of any award becoming payable under regulation C1, C4, C5(3), C6 or C8(2) on her death.
2
An election under this regulation —
a
must be made by giving notice in writing to the police authority within the period of 3 months beginning on the material date, and
b
takes effect at the end of that period.
3
The material date for the purposes of this regulation is —
a
1st April 1994 if contributions were payable under regulation G2 during the whole of the period of 3 months beginning with that date, or
b
if such contributions have ceased to be payable either before or during that period but again become payable within 2 years after the date of cessation, the date from which they become payable.
4
Subject to paragraphs (6) to (11), the additional contributions to be paid are contributions calculated in accordance with the Table in paragraph (18) by reference to the whole of the woman’s pensionable service before 17th May 1990.
5
The notice of election must specify whether the contributions are to be paid —
a
as a lump sum calculated in accordance with the first and third columns, or
b
by periodical payments calculated in accordance with the first and second columns,
of the Table in paragraph (18).
6
This paragraph applies where —
a
the additinal contributions are to be paid as a lump sum, and
b
in the tax year in which the election takes effect (A + B) exceeds C.
7
Where paragraph (6) applies —
a
the election has effect as an election to pay a lump sum of (C − B), and
b
the period of service counting as mentioned in paragraph (1) is to be calculated accordingly.
8
In paragraphs (6) and (7) —
A is a lump sum calculated as mentioned in paragraphs (4) and (5)(a),
B is the total of any other contributions payable under regulations made under the Police Pensions Act 1976 and any contributions payable otherwise than under such regulations to an approved scheme, and
C is 15% of the woman’s emoluments,
and in this paragraph “approved scheme” and “emoluments” have the meaning given in regulation 2(3) of the Police Pensions (Additional Voluntary Contributions) Regulations 1991 .
9
This paragraph applies where —
a
the additional contributions are to be paid by periodical payments, and
b
in the first tax year after that in which the election takes effect (D + B) will exceed C.
10
Where paragraph (9) applies —
a
the election has effect as an election to make periodical payments amounting to (C − B), and
b
the period of service counting as mentioned in paragraph (1) is to be calculated accordingly.
11
In paragraphs (9) and (10) B and C are the same as in paragraphs (6) and (7) and D is the periodical payments calculated as mentioned in paragraphs (4) and (5)(b).
12
A lump sum may be deducted by the police authority from the first instalment of pay falling due after the election takes effect, and periodical payments —
a
are payable at the same times, and may be discharged in the same way, as contributions under regulation G2, and
b
subject to paragraph (13), continue to be payable while such contributions are payable.
13
Perodical payments cease to be payable —
a
in the case of a woman who at the material date had completed less than 19 years' pensionable service, when she has completed 25 years pensionable service, and
b
in any other case, at the end of the period of 5 years beginning on the date on which the first of them became payable.
14
Where a lump sum is paid or payment of periodical payments ceases —
a
as provided in paragraph (13), or
b
in consequence of the woman’s death while paying contributions under regulation G2, or
c
in consequence of her ceasing to be liable to pay such contributions by reason of retirement under regulation A20 (permanent disablement),
the period of service counting as mentioned in paragraph (1) is the election period.
15
Except where paragraph (6) or (9) applies, the election period is —
a
for the purpose, in calculating any award becoming payable under regulation C1 (ordinary pension), of arriving at the amount of the pension or notional pension referred to in paragraph 1(1)(a) of Part I of Schedule C, and
b
for the purpose of calculating any award becoming payable under regulation C4 (accrued pension),
the whole of the woman’s pensionable service before 17th May 1990, but for all other purposes it is the whole of her pensionable service after 5th April 1978 and before 17th May 1990.
16
Where paragraph (6) or (9) applies, the election period is the shorter period counting for calculating the award in wuestion by reason of paragraph (7)(b) or (10)(b).
17
In any case not falling within paragraph (14) the period counting is the election period multiplied by
E , F
where —
E is the length of the period during which periodical payments were paid, and
F is the period during which they would have been payable under paragraphs (12) and (13).
18
The following Table is that referred to in paragraphs (4) and (5).
TABLE
Contributions for each year or part of a year of pensionable service before 17th May 1990 Periodical payments as percentage of pensionable pay from time to time Lump sum as percentage of annual rate of pensionable pay 3 months after material date Completed years of pensionable service at material date
3 but less than 4 0.06 0.67 4 but less than 5 0.06 0.68 5 but less than 6 0.06 0.69 6 but less than 7 0.07 0.71 7 but less than 8 0.07 0.72 8 but less than 9 0.07 0.74 9 but less than 10 0.08 0.76 10 but less than 11 0.08 0.79 11 but less than 12 0.09 0.81 12 but less than 13 0.09 0.83 13 but less than 14 0.10 0.85 14 but less than 15 0.11 0.86 15 but less than 16 0.12 0.86 16 but less than 17 0.13 0.87 17 but less than 18 0.14 0.87 18 but less than 19 0.15 0.87 19 but less than 20 0.18 0.86 20 but less than 21 0.18 0.84 21 but less than 22 0.18 0.83 22 but less than 23 0.18 0.81 23 but less than 24 0.18 0.80 24 but less than 25 0.18 0.79 25 but less than 26 0.18 0.77 26 but less than 27 0.18 0.76 27 but less than 28 0.18 0.74 28 but less than 29 0.18 0.73 29 and over 0.18 0.73
.
Policeman with a guaranteed minimum
6
Regulation J1(6A) of the principal Regulations is amended by substituting for the words “does not exceed £104” the words “does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973,”.
Widow’s ordinary pension
7
Paragraph 1 of Part I of Schedule C to the principal Regulations is amended —
a
in sub-paragraph (2A)(a) by inserting after the words “17th May 1990” the words “or, as the case may be, the date from which service before 17th May 1990 counts in consequence of an election under regulation G6”; and
b
in sub-paragraph (2A)(b) by inserting after the words ““16th May 1990”” the words “or, as the case may be, the day before the date from which service before 17th May 1990 counts in consequence of such an election”.
Widow’s accrued pension
8
Paragraph 1(1A) of Part III of Schedule C to the principal Regulations is amended by inserting after the words “17th May 1990” the words “or, as the case may be, the date from which service before 17th May 1990 counts in consequence of an election under regulation G6”.
Widow’s pension in case of post-retirement marriage
9
Paragraph 4 of Part IV of Schedule C to the principal Regulations is amended by inserting after the words “16th May 1990” the words “or, as the case may be, the day before the date from which service before 17th May 1990 counts in consequence of an election under regulation G6”.
Widow’s requisite benefit pension
10
Paragraph 1 of Part V of Schedule C to the principal Regulations is amended by inserting after the words ““16th May 1990”” the words “or, as the case may be, the day before the date from which service before 17th May 1990 counts in consequence of an election under regulation G6”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd March 1994
We consent
Andrew Mackay
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1994


text:
1
This Order may be cited as the Value Added Tax (Means of Transport) Order 1994 and shall come into force on 1st January 1995.
2
1
Section 95 of the Value Added Tax Act 1994 (meaning of new means of transport) shall be amended as follows.
2
In subsection (3) of that section (which provides for when a means of transport is to be treated as new), for the words from the beginning to the end of paragraph (a) there shall be substituted —
3
For the purposes of this Act a means of transport shall be treated as new, in relation to any supply or any acquisition from another member State, at any time unless at that time —
a
the period that has elapsed since its first entry into service is —
i
in the case of a ship or aircraft, a period of more than 3 months; and
ii
in the case of a land vehicle, a period of more than 6 months;
and
.
3
In paragraph (b)(iii) of that subsection, for “3000 kilometres” there shall be substituted “6000 kilometres”.
4
This article has effect in relation to means of transport whose first entry into service is on or after 1st January 1995.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1994