text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Bedfordshire (Borough of Luton) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Bedfordshire” means the non-metropolitan county of Bedfordshire and “the County Council” means the council of that county;
“Luton” (except in references to the county of Luton) means the borough of Luton and “the Luton Council” means the council of that borough;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN BEDFORDSHIRE
Structural change
3
The functions of the County Council in relation to Luton shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Luton Council.
Bedfordshire Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Luton had ceased to form part of Bedfordshire on that date; and
b
accordingly, the appointments which are required to be made to the Bedfordshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the Luton Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Luton ; and
b
shall not appoint any member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Bedfordshire” in the right-hand column opposite the name of the Bedfordshire police area the words “and the non-metropolitan district of Luton”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Bedfordshire (as constituted on and after the reorganisation date) and Luton.
2
Luton shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Bedfordshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Bedfordshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Bedfordshire and any proposals prepared before that date for the alteration or replacement of that plan shall be treated as if they had been prepared jointly by the County Council and the Luton Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Luton Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new county of Luton
8
1
Luton shall cease to form part of Bedfordshire.
2
A new county shall be constituted comprising the area of Luton and shall be named the county of Luton.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Luton.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
9
1
The Borough of Luton (Electoral Arrangements) Order 1975 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the Luton Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly-elected councillors shall come into office.
Retirement of councillors and casual vacancies
10
1
The electoral divisions of Bedfordshire comprised in Luton shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Luton Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England and Local Government Act 1988 (Competition) (Miscellaneous Amendment) Regulations 1995 and shall come into force on 12th June 1995.
2
References in Part II of these Regulations to numbered regulations are to the regulations so numbered in the Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994 .
PART II
LOCAL GOVERNMENT CHANGES FOR ENGLAND: COMPETITION
Amendment of scope of 1994 regulations
2
1
Regulation 2 (Interpretation) is amended as provided in this regulation.
2
For the defination of “order” there is substituted —
“order” means an order under section 17 of the 1992 Act; “order date” in relation to a relevant authority means the date on which an order comes into force, or, if there is more than one such date, the first of them; “relevant order” means an order giving effect to recommendations made by the Local Government Commission in pursuance of a direction under section 13 of the 1992 Act which was given before 17th May 1995;.
3
For the definition of “relevant authority” there is substituted —
“relevant authority” means —
a new authority or
a local authority which, by virtue of a relevant order, is subject to a structural change or boundary change;.
4
In the definition of “reorganisation date” the words “made for the purpose of facilitating a structural change” are omitted.
5
For the words from the beginning of the definition of “successor authority” to the end of the regulation there is substituted:
“successor authority” in relation to any functional work, rights or liabilities means a local authority which, in consequence of a relevant order, on the reorganisation date acquires the function in pursuance of which such work falls to be undertaken or carried out, or, as the case may be, those rights or liabilities, from another authority; and
“transferor authority” in relation to a successor authority means the authority from which functions, rights or liabilities are acquired..
Functional work
3
In regulation 14(7)(b) for the words “section 9(3) of the Act” there shall be substituted the words “section 9(4) of the Act”.
Housing management
4
1
In regulation 12(1)(c), for sub-paragraphs (i) and (ii) there is substituted —
i
the gross cost of that activity as estimated by the transferor authority if carried out by or on behalf of that authority in the financial year immediately preceding the reorganisation date would not exceed £500,000; and by virtue of an order, or of regulations under section 19 of the 1992 Act, 1,000 dwellings or more transfer from that authority to the successor authority; or
ii
the total number of dwellings which on the reorganisation date are held by the successor authority for the purposes of Part II of the Housing Act 1985 is 15,000 or more;.
2
After regulation 14 there is inserted —
Housing management: disapplication of competition provisions
14A
In relation to functional work of a relevant authority —
a
falling within the defined activity (housing management) in section 2(2)(h) of the Act, and
b
carried out in the reorganisation period,
section 6 of the Act shall not apply..
PART III
LOCAL GOVERNMENT ACT 1988: AMENDMENT OF S.I. 1994/3165
Supervision of parking, management of vehicles and security work
5
In regulation 2(2) of the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 for the words “the Schedule” there is substituted the words “paragraph (1) above”.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
17th May 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) Regulations 1995.
2
Regulation 2 (in so far as it relates to regulation 5) and regulation 5 shall come into force on 1st February 1995 and all other Regulations shall come into force on 1st April 1995.
Amendment of Regulations
2
The Council Tax (Administration and Enforcement) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Use of information by billing authority
3
In regulation 6, sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph are deleted.
Deductions under attachment of earnings order
4
In paragraph (3) of regulation 38, the words from “or by reason of the repayment” to “for any purpose” are deleted.
Council tax instalment schemes — payment of the aggregate amount
5
In Schedule 1 —
a
at the beginning of sub-paragraph (3) of paragraph 2, there are inserted the words “Subject to sub-paragraph (7),”;
b
in paragraph 2, after sub-paragraph (6) there is inserted the following sub-paragraph —
7
If the calculation of instalments in accordance with sub-paragraph (6) would produce an amount for an instalment of less than £5, the demand notice may require that the amount which, but for this sub-paragraph, would be the second instalment shall be added to the amount which, but for this sub-paragraph, would be the first instalment, and the number of instalments shall be reduced by one.
;
c
in sub-paragraph (1) of paragraph 3, after the words “instalment of less than £5” there are inserted the words “notwithstanding any adjustment of instalments made in accordance with paragraph 2(7)”;
d
in sub-paragraph (3) of paragraph 3, for “Paragraph 2(5) and (6)” there is substituted “Paragraph 2(5), (6) and (7)”.
Council tax instalment schemes — adjustment of instalments
6
In Schedule 1, in paragraph 10 —
a
at the beginning of sub-paragraph (4), there are inserted the words “Subject to sub-paragraph (6A),”;
b
in sub-paragraph (6), after paragraph (a) there is inserted the following paragraph —
aa
there shall count as so payable any amount paid to the authority before the relevant day with respect to an instalment, or part of an instalment, which is payable on or after the adjustment day; and; and
c
after sub-paragraph (6), there is inserted the following sub-paragraph —
6A
For the purposes of sub-paragraph (4), the aggregate amount of the remaining instalments payable shall be reduced by the amount of any payment to the authority on or after the relevant day and before the adjustment day with respect to an instalment, or part of an instalment, which is payable on or after the adjustment day.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
6th January 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
8th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th June 1995.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the Mid Essex Community and 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 on22nd December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1995


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
In this Order: —
All measurements of distance are measured along the route of the relevant highway:
i. “the deposited plan” means the plan numbered HA10/2 WO101 marked “The Cardiff — Glan new Conwy Trunk Road (A470) (Cancoed to Minffordd Improvement) Order 1995” signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff; ii. “the new trunk roads” means the highways mentioned in Article 1 of this Order; iii. “the trunk road” means the Cardiff-Glan Conwy Trunk Road (A470).
This Order shall come into operation on 14th February 1995 and may be cited as the Cardiff — Glan Conwy Trunk Road (A470) (Cancoed to Minffordd Improvement) Order 1995.
Signed by authority of the Secretary of State
P. R. Marsden,
A Grade 6 Officer
Welsh Office
23rd January 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1995 and shall come into force —
a
for the purposes of regulations 1, 11 and 14 to 23, on 1st April 1995; and
b
for the purposes of regulations 2 to 10, 12 and 13 —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1995, and
ii
in any other case, on 3rd April 1995.
2
In these Regulations, unless the context otherwise requires —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation), after the definition of “unmarried couple” there shall be inserted —
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
.
Amendment of regulation 3 of the Housing Benefit Regulations
3
In regulation 3(2)(f) of the Housing Benefit Regulations (definition of non–dependant), for the words “voluntary body (other than a public or local authority)” there shall be substituted the words “voluntary organisation”.
Amendment of regulation 4 of the Housing Benefit Regulations
4
In regulation 4 of the Housing Benefit Regulations (remunerative work) —
a
in paragraph (2), at the beginning there shall be inserted the words “Subject to paragraph (2A),”; and
b
after paragraph (2), there shall be inserted the following —
2A
Where, for the purposes of paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
.
Amendment of regulation 5 of the Housing Benefit Regulations
5
In regulation 5 of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) —
a
after paragraph (8) there shall be inserted the following new paragraph —
8A
Where a person is detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained under the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 , he shall not, for any day that he is on temporary release from detention in accordance with Rules made under the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 , be treated for the purposes of this regulation as if his detention has ceased.
;
b
in paragraph (9), in sub–paragraph (a) of the definition of “residential accommodation” the words “and 26” shall be omitted.
Amendment of regulation 12A of the Housing Benefit Regulations
6
In regulation 12A(8)(b)(iii) of the Housing Benefit Regulations (requirement to refer to rent officers), for the words “voluntary body” there shall be substituted the words “voluntary organisation”.
Amendment of regulation 21A of the Housing Benefit Regulations
7
In regulation 21A(2) of the Housing Benefit Regulations (treatment of child care charges), in the definition of “relevant child care charges” —
a
after the word “education” there shall be inserted the words “or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 14 (circumstances in which a person is to be treated as responsible or not responsible for another)”; and
b
at the end of sub–paragraph (c) there shall be added the following —
; or
d
in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act,
.
Amendment of regulation 35 of the Housing Benefit Regulations
8
In regulation 35(5) of the Housing Benefit Regulations (notional income) —
a
for the words “voluntary body” there shall be substituted the words “voluntary organisation”; and
b
after the word “satisfied” there shall be inserted the words “in any of those cases”.
Amendment of regulation 67 of the Housing Benefit Regulations
9
In regulation 67(a) of the Housing Benefit Regulations (date on which benefit period is to end), for the words from “cessation” to “effect” there shall be substituted the words “change of circumstances actually occurs”.
Amendment of regulation 95 of the Housing Benefit Regulations
10
In regulation 95 of the Housing Benefit Regulations (withholding of benefit) —
a
after paragraph (4) there shall be inserted the following new paragraph —
4A
Where an authority has evidence (other than such evidence as has been considered by an adjudication officer) which raises a reasonable doubt as to the amount of a person’s income or capital for the purposes of his entitlement to income support and as a consequence it gives rise to a question as to his entitlement to housing benefit, the authority may withhold payment of housing benefit in whole or in part pending the determination of the income support question by an adjudication officer and pending the authority’s review under regulation 79.
; and
b
in paragraph (6), after the words “paragraph (4)” there shall be inserted the words “, (4A)”.
Amendment of Schedule 1A to the Housing Benefit Regulations
11
In paragraph 2(3) of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) —
a
in head (c)(i) —
i
for the words “paragraph 1(2) or 2(2) of Schedule 1 to the Order” substitute the words “paragraph 1(2), 2(2) or 2A(3) of Schedule 1 to the Rent Officers (Additional Functions) Order 1990 ”, and
ii
for the words “paragraph 1(2) or 2(2) of Schedule 1 to the Scottish Order” there shall be substituted the words “paragraph 1(2), 2(2) or 2A(3) of Schedule 1 to the Rent Officers (Additional Functions) (Scotland) Order 1990 ”; and
b
after head (e) there shall be added the following —
; or
iii
there is a change in the composition of the household occupying the dwelling.
.
Amendment of Schedule 2 to the Housing Benefit Regulations
12
In paragraph 12(1)(a)(iii) of Schedule 2 to the Housing Benefit Regulations (applicable amounts), for the words from “section” to “1975” there shall be substituted the words “section 113(2) of the Contributions and Benefits Act 1992 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 18(2) (patients).”.
Amendment of Schedule 4 to the Housing Benefit Regulations
13
In paragraph 2(a) of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), for the words “voluntary body” there shall be substituted the words “voluntary organisation”.
Amendment of regulation 2 of the Council Tax Benefit Regulations
14
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation), after the definition of “unmarried couple” there shall be inserted —
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
.
Amendment of regulation 3 of the Council Tax Benefit Regulations
15
In regulation 3(2)(f) of the Council Tax Benefit Regulations, for the words “voluntary body (other than a public or local authority)” there shall be substituted the words “voluntary organisation”.
Amendment of regulation 4 of the Council Tax Benefit Regulations
16
In regulation 4 of the Council Tax Benefit Regulations (remunerative work) —
a
in paragraph (2), at the beginning there shall be inserted the words “Subject to paragraph (2A),”; and
b
after paragraph (2), there shall be inserted the following —
2A
Where, for the purposes of paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
.
Insertion of regulation 4B of the Council Tax Benefit Regulations
17
After regulation 4A of the Council Tax Benefit Regulations, there shall be inserted the following new regulation —
Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
4B
Where a person is detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained under the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 , he shall not, for any day that he is on temporary release from detention in accordance with Rules made under the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 , be treated for the purposes of this regulation as if his detention has ceased.
.
Amendment of regulation 13A of the Council Tax Benefit Regulations
18
In regulation 13A(2) of the Council Tax Benefit Regulations (treatment of child care charges), in the definition of “relevant child care charges” —
a
after the word “education” there shall be inserted the words “or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 6 (circumstances in which a person is to be treated as responsible or not responsible for another)”; and
b
at the end of sub–paragraph (c) there shall be added the following —
; or
d
in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act,
.
Amendment of regulation 26 of the Council Tax Benefit Regulations
19
In regulation 26(5) of the Council Tax Benefit Regulations (notional income) —
a
for the words “voluntary body” there shall be substituted the words “voluntary organisation”; and
b
after the word “satisfied” there shall be inserted the words “in any of those cases”.
Amendment of regulation 58 of the Council Tax Benefit Regulations
20
In regulation 58(a) of the Council Tax Benefit Regulations (date on which benefit period is to end), for the words from “cessation” to “effect” there shall be substituted the words “change of circumstances actually occurs”.
Amendment of regulation 80 of the Council Tax Benefit Regulations
21
In regulation 80 of the Council Tax Benefit Regulations (withholding of benefit) —
a
after paragraph (2) there shall be inserted the following new paragraph —
2A
Where an authority has evidence (other than such evidence as has been considered by an adjudication officer) which raises a reasonable doubt as to the amount of a person’s income or capital for the purposes of his entitlement to income support and as a consequence it gives rise to a question as to his entitlement to council tax benefit, the authority may withhold payment of council tax benefit in whole or in part pending the determination of the income support question by an adjudication officer and pending the authority’s review under regulation 69.
; and
b
in paragraph (3), for the words “or (2)” there shall be substituted the words “, (2) or (2A)”.
Amendment of Schedule 1 to the Council Tax Benefit Regulations
22
In paragraph 13(1)(a)(iii) of Schedule 1 to the Council Tax Benefit Regulations (applicable amounts), after the words “Act 1992” there shall be inserted the words “or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 10(2) (patients).”.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
23
In paragraph 2(a) of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) for the words “voluntary body” there shall be substituted the words “voluntary organistation”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under–Secretary of State,
Department of Social Security
6th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Off Road Events) Regulations 1995 and shall come into force on 15th June 1995.
Revocation
2
The Motor Vehicles (Off Road Events) Regulations 1992 and the Motor Vehicles (Off Road Events) (Amendment) Regulations 1992 are hereby revoked.
Authorising Bodies
3
The following bodies are authorising bodies for the purposes of these Regulations, namely: —
Amateur Motor Cycle Association Limited;
Association of Rover Clubs Limited;
the Auto-Cycle Union;
the British Schoolboy Motorcycle Association;
the International Organisation of Professional Drivers Limited;
the National Autograss Sport Association Limited;
NORA 92 Limited;
National Traction Engine Trust;
the Royal Automobile Club;
Scottish Auto Cycle Union Limited; and
Youth Motorcycle Sport Association ( YMSA ) Limited.
4
1
An authorising body may give an authorisation for a motoring event for the purposes of section 13A of the Road Traffic Act 1988 upon such conditions as it thinks fit.
2
An authorisation for a motoring event given by an authorising body may be revoked by that body or by a person authorised by that body at any time before the event is held or while it is being held.
Fees
5
1
A person applying to an authorising body for an authorisation for a motoring event shall pay to that body a fee of such amount as may be determined by that body.
2
An authorising body may determine different fees for different classes of events and for events of the same class held in different circumstances.
Signed by the authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
12th May 1995
John Redwood
Secretary of State for Wales
17th May 1995
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
24th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1995 and shall come into force on 31st May 1995.
2
In this Order:
“the Authority” means the Powys Health Authority;
“the Trust” means the South and East Wales Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st May 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
4th May 1995


text:
1
The A64 Trunk Road (Bramham Crossroads) Order is hereby varied as follows: —
a
the schedule to that Order shall become schedule 1 and the Schedule to this Order which is numbered 2 is added to that Order; and
b
the deposited plan to this Order numbered HA 10/YHCPD 70 marked, “The A64 Trunk Road (Bramham Crossroads) Order 1994 (Variation) Order 1995”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY shall be substituted for the plan numbered HA 10/YHCPD 52 marked, “The A64 Trunk Road (Bramham Crossroads) Order 1994” which shall be disregarded.
2
This Order may be cited as the A64 Trunk Road (Banham Crossroads) Order 1994 (Variation) Order 1995 and shall come into force on 14th March 1995.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director
Yorkshire and Humberside Construction Programme Division
17th February 1995


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1995 and shall come into force on 2nd March 1995.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation of earlier designation
3
The designations of the Secretary of State and any Northern Ireland Department in relation to the regulation and control of trade in, and production of, chlorofluorocar– bons, fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1– trichloroethene, whether existing alone or in a mixture, in the European Communities (Designation) ( No. 3) Order 1991 are hereby revoked.
N H Nicholls
Clerk of the Privy Council


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Local Government Changes for England (Capital Finance) Regulations 1995.
2
Regulation 5 of these Regulations shall come into force on 31st March 1995 and all other regulations shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“abolished authority” has the same meaning as in Part III of the 1994 Regulations ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“credit arrangement” has the same meaning as in section 48 of the 1989 Act;
“newly-established authority” has the same meaning as in the Local Government Changes for England Regulations 1994 ;
“participant authority” has the same meaning as in Part III of the Transfer of Property Regulations ;
“preliminary period” has the same meaning as in Part III of the 1994 Regulations;
“the 1990 Regulations ” means the Local Authorities (Capital Finance) Regulations 1990 ;
“the 1994 Regulations” means the Local Government Changes for England (Finance) Regulations 1994 ;
“reorganisation date” has the same meaning as in Part III of the 1994 Regulations;
“the Residuary Body ” means the Local Government Residuary Body (England) ;
“shadow authority” has the same meaning as in the Local Government Changes for England Regulations 1994;
“successor authority” has the same meaning as in Part III of the 1994 Regulations; and
“the Transfer of Property Regulations” means the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 .
2
In these Regulations —
a
any reference to a relinquishing authority or an acquiring authority shall be construed in accordance with regulation 2(3) of the 1994 Regulations; and
b
any reference to a designated authority shall be construed, where there is one successor authority in relation to an abolished authority, as meaning that successor authority, and otherwise in accordance with regulation 13(1) of the Transfer of Property Regulations.
PART II
APPLICATION OF PART IV OF THE 1989 ACT: GENERAL AND MISCELLANEOUS PROVISIONS
Application of Part IV of the 1989 Act: general
3
1
This regulation applies —
a
subject to any provision to the contrary made in these Regulations; and
b
only so far as necessary for the application of Part IV of the 1989 Act as modified by these Regulations to a local authority in whom any relevant matters are vested.
2
For the purposes of the application of Part IV of the 1989 Act and the 1990 Regulations, anything done by or in relation to an abolished authority or a relinquishing authority with respect to any relevant matters shall be treated on and after the reorganisation date as if done by or in relation to the local authority in which those matters are vested on, or at any time after, that date.
3
The time when, by virtue of paragraph (2) above, any thing is treated as having been done by or in relation to a local authority in which any relevant matters are vested is the time when the thing in question was done by or in relation to the abolished authority or, as the case may be, the relinquishing authority.
4
In this regulation and regulation 4, “relevant matters” means any functions, property, rights and liabilities of the abolished authority or relinquishing authority which, at any time, are vested in another local authority by virtue of —
a
the order in relation to the abolished authority or relinquishing authority which is made under section 17 of the Local Government Act 1992 (“the 1992 Act ”);
b
a provision of the Transfer of Property Regulations;
c
any agreement or determination made pursuant to those Regulations;
d
a provision of the 1994 Regulations;
e
an agreement or an award of the arbitrator made under section 20 of the 1992 Act; or
f
a disposal by the Residuary Body under Part III of the Local Government Residuary Body (England) Order 1995 .
Joint and several liability for relevant matters
4
1
In this regulation, “authority” includes the Residuary Body.
2
Where any relevant matters which are rights or liabilities are vested on, or at any time after, the reorganisation date in two or more local authorities, or in a local authority and the Residuary Body, jointly and severally, anything to which regulation 3(2) above applies shall be treated as if done by or in relation to each such authority in proportion to the share enjoyed by the authority in question in the rights or the liabilities which are so vested.
3
For the purposes of paragraph (2) above, the share enjoyed by a local authority in any rights or liabilities to which that paragraph applies shall be the percentage share agreed by the authorities in whom those rights are vested, or, in default of agreement, as shall be determined by a person agreed on by those authorities or, if they are unable to agree on the appointment of such a person, by a person appointed by the Secretary of State.
4
Section 31 of the Arbitration Act 1950 shall have effect for the purposes of a determination by any person appointed under paragraph (3) above as if such a determination were an arbitration under any other Act within the meaning of that section.
5
This regulation is without prejudice to any other provision in these Regulations or any other enactment relating to the vesting of any rights or liabilities in two or more local authorities jointly and severally.
Borrowing limits
5
1
In this regulation, “the limits” means the borrowing limits referred to in section 45(1) of the 1989 Act.
2
Section 45 of the 1989 Act shall have effect in relation to a shadow authority as if subsection (2) of that section required the limits for the financial year immediately preceding the reorganisation date to be determined as soon as reasonably practicable after the date on which the shadow authority comes into existence.
3
Section 45(2) of the 1989 Act shall have effect in relation to an abolished authority and the designated authority as if it —
a
excluded the abolished authority from the requirement to determine the limits for the financial year beginning on the reorganisation date; and
b
required the designated authority to determine the limits for the financial year beginning on the reorganisation date as soon as reasonably practicable after the reorganisation date.
Register of loan instruments
6
The register maintained by an abolished authority in accordance with section 46 of the 1989 Act shall be treated after the reorganisation date as having been maintained by the designated authority as part of the designated authority’s register maintained under that section.
Effect of certain capital grants on credit approvals
7
1
This regulation applies where by virtue of regulation 3(1) above a local authority are —
a
treated as having received a specified capital grant within the meaning of section 57(1) of the 1989 Act; and
b
required under section 57(2) of that Act to deduct an amount equal to or less than the grant from a credit approval.
2
Section 57(4)(c) of the 1989 Act shall have effect as if the reference to credit approvals which are received later than the grant included credit approvals received by the local authority in question later than the time the grant was received by the abolished authority or the relinquishing authority.
Aggregate credit limits
8
In the case of a successor authority or an acquiring authority, section 62 of the 1989 Act shall have effect at any time in the financial year beginning on the reorganisation date as if “relevant arrears” for the purposes of subsection (3)(b)(ii) included amounts in respect of income which —
a
were not received by the abolished authority or the relinquishing authority before the reorganisation date;
b
are payable after the reorganisation date to the successor authority or acquiring authority in question; and
c
if the order under section 17 of the Local Government Act 1992 in relation to the abolished authority or the relinquishing authority had not been made, would, as income, have fallen to be credited to a revenue account of that authority for the financial year beginning two years before the beginning of the current financial year;
and as if the reference in subsection (5) to expenditure defrayed by the authority for capital purposes included expenditure defrayed for such purposes by the abolished authority or the relinquishing authority.
Interpretation of Part IV of the 1989 Act
9
Section 66(6) of the 1989 Act shall apply in relation to the liabilities of an abolished authority in respect of a loan to or borrowing (or money borrowed) by that authority which have become the liabilities of a designated authority as if in paragraph (1) of regulation 27 of the 1990 Regulations the following sub-paragraph were added after sub-paragraph (e) —
f
the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 .
.
PART III
CAPITAL RECEIPTS
Interpretation of Part
10
In this Part —
“relevant amount” means the amount of “K” agreed or determined in accordance with paragraph 5 of the Schedule to the Transfer of Property Regulations;
“relevant date” means the date falling two months after the service by a designated authority of a notice under regulation 15(1) of the Transfer of Property Regulations, or, in the event that any participant authority disagrees with the calculations contained in that notice, the date when the designated authority serves a notice under regulation 16 of those Regulations;
“section 60” means section 60 of the 1989 Act; and
“usable receipts” means the usable part of capital receipts (within the meaning of Part IV of the 1989 Act) which have not been applied as mentioned in section 60(2).
Usable receipts of designated authority
11
1
Where in relation to an abolished authority there is only one successor authority, section 60 shall have effect as if on the reorganisation date there were added to the usable receipts of the successor authority an amount equal to the usable receipts of the abolished authority on the last day of the preliminary period.
2
Where in relation to an abolished authority there are two or more successor authorities, section 60 shall have effect as if —
a
on the reorganisation date there were added to the usable receipts of the designated authority an amount equal to the usable receipts of the abolished authority on the last day of the preliminary period;
b
it were provided that the designated authority shall not, before the relevant date, apply the amount added under sub-paragraph (a) in either of the ways mentioned in section 60(2), except to meet expenditure for capital purposes incurred by the abolished authority; and
c
the usable receipts of the designated authority were reduced on the relevant date by an amount equal to the aggregate of the relevant amounts for the participant authorities.
3
Section 60 shall have effect in relation to a relinquishing authority as if the relinquishing authority’s usable receipts were reduced on the relevant date by an amount equal to the aggregate of the relevant amounts for the participant authorities.
Usable receipts of participant authority
12
Section 60 shall have effect in relation to a participant authority as if on the relevant date there were added to the usable receipts of the authority in question an amount equal to the relevant amount for that authority.
Disposal of surplus land
13
1
This paragraph applies to capital receipts received by a successor authority or a relinquishing authority for the disposal of land which is surplus land within the meaning of regulation 10(7) of the Transfer of Property Regulations.
2
The 1990 Regulations shall apply in relation to capital receipts to which paragraph (1) above applies as if —
a
in regulation 10 of the 1990 Regulations (interpretation), the following paragraphs were added after paragraph (3) —
4
In regulations 12 and 13 —
“the Transfer of Property Regulations” means the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 ;
“successor authority” means an authority specified for the purposes of regulation 6(4) of the Transfer of Property Regulations in an agreement made pursuant to regulation 5(2) of those Regulations; and
“relevant expenditure” and “surplus land” have the same meanings as in regulation 10(7) of the Transfer of Property Regulations.
5
In regulations 12 and 13, any reference to a relinquishing authority or an acquiring authority shall be construed in accordance with regulation 2(2) of the Transfer of Property Regulations.
;
b
in regulation 12 of the 1990 Regulations (sums to be capital receipts), the following paragraph were added after paragraph (d) —
and
e
any sum paid to the authority under regulation 10(2) or (3) of the Transfer of Property Regulations in respect of the amount received for the disposal of surplus land by the authority in whom the land was vested.
; and
c
in regulation 13 of the 1990 Regulations (sums not to be capital receipts), the following paragraph were added after paragraph (2) —
3
The following sums shall not be capital receipts, namely —
a
so much of the amount received by a successor authority for the disposal of surplus land as they —
i
deduct under regulation 10(2)(a) of the Transfer of Property Regulations in respect of any relevant expenditure relating to the land in question; and
ii
distribute under regulation 10(2)(b) of those Regulations among other successor authorities;
b
so much of the amount received by a relinquishing authority for the disposal of surplus land as is equal to the amount of any relevant expenditure relating to the land in question; and
c
so much of the amount received by a relinquishing authority for the disposal of surplus land as they pay to an acquiring authority under regulation 10(3)(b) of the Transfer of Property Regulations.
.
PART IV
PROVISION FOR CREDIT LIABILITIES
Interpretation of Part
14
In this Part —
“ PCL ” means the amount for the time being set aside by a local authority (whether voluntarily or pursuant to a requirement under Part IV of the 1989 Act) as provision to meet credit liabilities;
“relevant amount” means, in relation to a credit arrangement and a participant authority, the amount determined in accordance with the formula in paragraph 7 of the Schedule to the Transfer of Property Regulations as that paragraph has effect subject to paragraph 1(3) of that Schedule; and
“vesting day” means the day when rights and liabilities under a credit arrangement are vested as mentioned in regulation 3(4) above in another local authority.
PCL of designated authority
15
1
Subject to paragraph (2), on the reorganisation date there shall be added to the PCL of a designated authority in relation to an abolished authority an amount equal to the PCL of the abolished authority on the last day of the preliminary period.
2
Where any amount is added to the PCL of a participant authority by virtue of regulation 16(1) or (2) below, an equivalent amount shall be deducted on the same day from the PCL of the designated authority.
PCL of participant authority
16
1
Subject to paragraph (2), where a credit arrangement is treated by virtue of regulation 3 above as having been entered into by —
a
a participant authority; or
b
a participant authority and any other local authority or the Residuary Body jointly and severally, an amount equal to the relevant amount for that arrangement shall be added on the vesting day to the PCL of the participant authority in question.
PART V
CREDIT CEILINGS AND MINIMUM REVENUE PROVISION
Interpretation of Part
17
1
In this Part —
“determined amount” means —
in relation to a credit arrangement of which the rights and liabilities are vested in a single participant authority, the amount of any credit approval which an abolished authority or a relinquishing authority, or the designated authority in relation to an abolished authority, have determined under section 56(1)(b) of the 1989 Act to treat as authority to enter into, or agree to a variation of, a credit arrangement; and
in relation to a credit arrangement of which the rights and liabilities are vested in a participant authority and any other local authority or the Residuary Body jointly and severally, such proportion of the amount referred to in sub-paragraph (a) above as T, in relation to the same arrangement, bears to the amount which would be T if paragraph 7 of the Schedule to the Transfer of Property Regulations were not subject to paragraph 1(3) of that Schedule;
“excluded arrangement” means a credit arrangement entered into by an abolished authority or a relinquishing authority which is excluded by regulations under paragraph 11(2) of Schedule 3 to the 1989 Act ;
“housing component” means the housing component of the authority’s adjusted credit ceiling determined in accordance with paragraph 3(5) of Schedule 5 to the 1990 Regulations;
“Housing Revenue Account” means the account required to be kept under Part VI of the 1989 Act;
“non-housing component” means the non-housing component of the authority’s adjusted credit ceiling determined in accordance with paragraph 5(5) of Schedule 5 to the 1990 Regulations;
“relevant amount” means the relevant amount determined in accordance with Part III of Schedule 5 to the 1990 Regulations;
“relevant arrangement” means a credit arrangement, other than an excluded arrangement, entered into by an abolished authority or a relinquishing authority;
“R”, “T” and “U” mean respectively, in relation to a credit arrangement and a participant authority, the amount R, the amount T and the amount U determined under paragraph 7 of the Schedule to the Transfer of Property Regulations as that paragraph has effect subject to paragraph 1(3) of that Schedule; and
“vesting day” means the day when rights and liabilities under a credit arrangement are vested as mentioned in regulation 3(4) above in another local authority.
2
In this Part, subject, where the context requires, to a modification made under any provision of this Part —
a
any reference to the credit ceiling of a local authority on any day shall be construed as a reference to that authority’s credit ceiling on that day as determined under Part III of Schedule 3 to the 1989 Act; and
b
any reference to the adjusted credit ceiling of a local authority shall be construed in accordance with paragraph 18 of Schedule 3 to the 1989 Act.
3
For the purposes of this Part, where a local authority’s credit ceiling, adjusted credit ceiling, housing component, non-housing component or relevant amount on any day falls to be adjusted by the addition of any negative sum or the deduction of any positive sum, the amount in question, by virtue of the adjustment, may be less than it was and may be a negative amount.
Credit ceiling of shadow authority
18
On the date on which a shadow authority come into existence —
a
the shadow authority shall be treated as having a credit ceiling of nil; and
b
for the purposes of paragraph 2 of Part II of Schedule 4 to the 1990 Regulations , the shadow authority’s credit ceiling on that day shall be treated as their adjusted initial credit ceiling.
Credit ceiling of designated authority
19
1
Subject to paragraphs (2) and (3), the credit ceiling on the reorganisation date of a designated authority in relation to an abolished authority shall be the aggregate of —
a
the amount which would, apart from this paragraph, have been the designated authority’s credit ceiling on that date; and
b
the credit ceilings on the last day of the preliminary period of the abolished authority and any other abolished authority in relation to the designated authority.
2
Where any amount is added to the credit ceiling of a participant authority by virtue of regulation 20(1) below, an equivalent amount shall be deducted on the same day from the credit ceiling of the designated authority.
3
Where any amount is deducted from the credit ceiling of a participant authority by virtue of regulation 20(1) or (2) below, an equivalent amount shall be added on the same day to the credit ceiling of the designated authority.
Credit ceiling of participant authority
20
1
Where the rights and liabilities under a relevant arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s credit ceiling shall be adjusted on the vesting day by —
a
adding to it an amount equal to the determined amount for the arrangement in question; and
b
deducting from it an amount equal to the aggregate of T and U as determined for the arrangement in question.
2
Where the rights and liabilities under an excluded arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s credit ceiling shall be adjusted on the vesting day by deducting from it an amount equal to the aggregate of R, T and U as determined for the arrangement in question.
Credit ceiling and adjusted credit ceiling on the last day of a financial year
21
1
In this regulation, “the relevant day” means the last day of the financial year immediately preceding the financial year beginning on the reorganisation date.
2
In Part IV of the 1989 Act and the 1990 Regulations, any reference to a local authority’s credit ceiling or adjusted credit ceiling on the last day of a financial year shall, in relation to the credit ceiling or adjusted credit ceiling of a designated authority or participant authority on the relevant day, be construed as a reference to the credit ceiling or, as the case may be, adjusted credit ceiling of the authority in question on the reorganisation date.
3
For the purposes of paragraph (2) above, the credit ceiling or adjusted credit ceiling on the relevant day of a newly-established authority means the credit ceiling or adjusted credit ceiling on that day of the shadow authority which has become the newly-established authority.
Adjusted credit ceilings
22
The adjusted credit ceiling of a designated authority and the adjusted credit ceiling of a participant authority shall be modified or adjusted as if, in regulations 19 and 20 above, for any reference to the credit ceiling of an authority there were substituted a reference to that authority’s adjusted credit ceiling.
Housing and non-housing component of designated successor authority
23
1
In this regulation —
“abolished housing authority” means an abolished authority which is required to keep a Housing Revenue Account; and
“abolished non-housing authority” means an abolished authority which is not required to keep a Housing Revenue Account.
2
In this regulation and regulation 24 —
a
any reference to a local authority’s housing component or non-housing component shall be construed as a reference to that authority’s housing component or non-housing component on the last day of the preliminary period; and
b
in relation to a newly-established authority, any reference to the relevant amount shall be construed as a reference to the amount which would be the relevant amount of that authority for the financial year beginning on the reorganisation date if —
i
they were not required on and after that date to keep a Housing Revenue Account; and
ii
for the purposes of regulation 21 above, their adjusted credit ceiling on the reorganisation date was the same as their adjusted credit ceiling on the last day of the preliminary period; and
c
in relation to any authority which is not a newly-established authority, any reference to the relevant amount shall be construed as a reference to the amount which would be that authority’s relevant amount for the financial year beginning on the reorganisation date if no order under section 17 of the Local Government Act 1992 had been made.
3
Subject to regulation 27, where a designated authority in relation to an abolished authority are required before the reorganisation date to keep a Housing Revenue Account —
a
where the abolished authority is an abolished housing authority —
i
the designated authority’s housing component shall be adjusted by adding to it the housing component of the abolished authority; and
ii
the designated authority’s non-housing component shall be adjusted by adding to it the non-housing component of the abolished authority; and
b
where the abolished authority is an abolished non-housing authority, the designated authority’s non-housing component shall be adjusted by adding to it the relevant amount of the abolished authority.
4
Subject to regulation 27, where a designated authority in relation to an abolished housing authority are not required before the reorganisation date to keep a Housing Revenue Account, the designated authority shall be treated as if, on the last day of the preliminary period, they had —
a
a housing component equal to the aggregate of the housing components of the abolished housing authority and any other abolished housing authority in relation to which they are the designated authority; and
b
a non-housing component equal to the aggregate of —
i
the designated authority’s relevant amount;
ii
the non-housing components of the abolished housing authority and any other abolished housing authority in relation to the designated authority;
iii
the relevant amount of any abolished non-housing authority in relation to which they are the designated authority.
Housing component of newly-established participant authority
24
Where a participant authority who are a newly-established authority are required on and after the reorganisation date to keep a Housing Revenue Account, that authority shall be treated as if, on the last day of the preliminary period, they had —
a
a housing component of nil; and
b
a non-housing component equal to their relevant amount.
Housing component of participant authority
25
1
In this regulation —
“excluded housing arrangement” means an excluded arrangement which is a housing arrangement;
“housing arrangement” means a credit arrangement entered into for any purpose for which expenditure incurred and charged to a revenue account would have been required, under Part VI of the 1989 Act, to be charged to a Housing Revenue Account or Housing Repairs Account;
“relevant day” means the last day of the financial year immediately preceding the financial year in which, in relation to any credit arrangement, the vesting day falls; and
“relevant housing arrangement” means a relevant arrangement which is a housing arrangement.
2
Any reference in this regulation to the housing component of a participant authority shall be construed as a reference to that authority’s housing component on the relevant day.
3
Where the rights and liabilities under a relevant housing arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s housing component shall be adjusted by —
a
adding to it an amount equal to the determined amount for the arrangement in question; and
b
deducting from it an amount equal to the aggregate of T and U as determined for the arrangement in question.
4
Where the rights and liabilities under an excluded housing arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s housing component shall be adjusted by deducting from it an amount equal to the aggregate of R, T and U determined for the arrangement in question.
Non-housing component of participant authority
26
1
In this regulation —
“excluded non-housing arrangement” means an excluded arrangement which is a non-housing arrangement;
“non-housing arrangement” means a credit arrangement which is not a housing arrangement within the meaning of regulation 25 above;
“relevant day” means the last day of the financial year immediately preceding the financial year in which, in relation to any credit arrangement, the vesting day falls; and
“relevant non-housing arrangement” means a relevant arrangement which is a non-housing arrangement.
2
Any reference in this regulation to the non-housing component of a participant authority shall be construed as a reference to that authority’s non-housing component on the relevant day.
3
Where the rights and liabilities under a relevant non-housing arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s non-housing component shall be adjusted by —
a
adding to it an amount equal to the determined amount for the arrangement in question; and
b
deducing from it an amount equal to the aggregate of T and U as determined for the arrangement in question.
4
Where the rights and liabilities under an excluded non-housing arrangement are vested in a participant authority, or a participant authority and any other local authority or the Residuary Body jointly and severally, the participant authority’s non-housing component shall be adjusted by deducting from it an amount equal to the aggregate of R, T and U as determined for the arrangement in question.
Minimum revenue provision of designated authority further adjustments
27
1
In this regulation, “designated authority” means a designated authority who are required on and after the reorganisation date to keep a Housing Revenue Account.
2
An adjustment falling to be made under this regulation to a designated authority’s housing component or non-housing component on the last day of the preliminary period shall be made after any adjustment to the amount in question required to be made under regulation 23.
3
Where any amount is added to the housing component of a participant authority under regulation 25(3) above, an equivalent amount shall be deducted from the housing component on the same day of the designated authority.
4
Where any amount is deducted from the housing component of a participant authority under regulation 25(3) or (4) above, an equivalent amount shall be added to the housing component on the same day of the designated authority.
5
Where any amount is added to the non-housing component of a participant authority under regulation 26(3) above, an equivalent amount shall be deducted from the non-housing component on the same day of the designated authority.
6
Where any amount is deducted from the non-housing component of a participant authority under regulation 26(3) or (4) above, an equivalent amount shall be added to the non-housing component on the same day of the designated authority.
PART VI
MINIMUM REVENUE PROVISION SAVINGS AND COMMUTATION ADJUSTMENTS
Commutation adjustments of designated successor authority
28
1
In this regulation and regulation 29 —
“designated authority” means a designated authority in relation to an abolished authority;
“item G” means item “G” as defined in Part III of Schedule 6 of the 1990 Regulations (“the Schedule”);
“minimum revenue provision savings” means the amounts determined in accordance with Part II of the Schedule;
“preceding years” means the financial year beginning on 1st April 1992 and every subsequent financial year beginning before the reorganisation date; and
“relevant debts” has the same meaning as in Part I of the Schedule.
2
The Schedule shall have effect in relation to a designated authority as if —
a
the relevant debts of the abolished authority had been relevant debts of the designated authority;
b
the total of the abolished authority’s minimum revenue provision savings in respect of the preceding years were part of the total of the designated authority’s minimum revenue provision savings in respect of those years;
c
the total of the abolished authority’s commutation adjustments in respect of the preceding years were part of the total of the designated authority’s commutation adjustments in respect of those years;
d
item G calculated by the designated authority in respect of any financial year beginning on or after the reorganisation date were increased by an amount equal to item G in respect of the same year calculated by the abolished authority;
e
any amount set aside by the abolished authority under section 63(2) of the 1989 Act in respect of a commuted payment within the meaning of section 157 of that Act had been set aside by the designated authority; and
f
the aggregate of any amounts applied in the preceding years by the abolished authority under section 64(2) of the 1989 Act (by virtue of regulation 26B(3) of the 1990 Regulations ) had been applied by the designated authority.
Commutation adjustments of newly-established authority
29
A designated authority which is a newly-established authority shall be treated for the purposes of regulation 27 above as if —
a
the total of their minimum revenue provision savings in respect of the preceding years amounted to nil;
b
the total of their commutation adjustments in respect of the preceding years amounted to nil; and
c
they had, before the reorganisation date, calculated that item G in respect of any financial year beginning on or after the reorganisation date amounted to nil.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
16th March 1995


text:
PART I
Preliminary
Title and commencement
1
These Regulations may be cited as the Judicial Pensions (Miscellaneous) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
2
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Micellaneous Retirement Act 1993, and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
PART II
Election for new pension arrangements
Interpretation
3
In this Part, “election” means an election under section 1(2) of the 1993 Act by or in respect of a person to whom that provision applies.
Method and date of making election
4
1
A person shall make an election by notifying the appropriate Minister in writing of his wish that Part I should apply to him or, where the election is being made by a personal representative, that Part I should apply to the deceased person; and the election shall be made on the date that the appropriate Minister receives the notification.
2
A notice given under paragraph (1) shall be signed and dated by the person making the election and shall contain his full name and his current qualifying judicial office or, where appropriate, the qualifying judicial office of the deceased person at the date of death.
3
A personal representative shall supply with the notice of election evidence of his entitlement to act as personal representative.
4
The election shall take effect from the date of the notice.
Time limit for making election
5
Any election shall be made no later than —
a
the date six months after the date on which the person in respect of whom it is made has ceased to hold qualifying judicial office; or
b
the day before the date upon which any payment of pension or other benefit has been made under a judicial pension scheme in respect of his service in such office,
whichever shall be the earlier.
Election by Personal Representatives
6
Where an election is made by a personal representative, the deceased person shall be treated for the purposes of sections 4(3) and 5 to 8 as if Part I had applied to him at the date of death.
PART III
Actuarial reduction of appropriate annual rate
Annual rate of pension
7
The annual rate of pension payable to a person to whom section 2(2) or (4) applies shall be calculated, as at the date of retirement, in accordance with the formula
[ A + ( B / 365 × ( C - A ) ) ] ×
the appropriate annual rate attributable to the person where —
a
A is the actuarial reduction factor set out in the Table in the Schedule to these Regulations (“the Table”) appropriate to the age of the member at his last birthday;
b
B is the number of days between the exact age of the member and his age last birthday; and
c
C is the actuarial reduction factor set out in the Table appropriate to the member at his age next birthday.
PART IV
Service for notional period
Calculation of pensionable pay and pension-capped salary: failure to serve for period of 12 consecutive months
8
1
For the purposes of calculating a person’s pensionable pay and pension-capped salary where the circumstances mentioned in section 3(4) apply, he shall be treated as if he had served in his qualifying judicial office (whether full-time or part-time) for a period of twelve consecutive months ending with the day on which he ceased to participate in the scheme constituted by Part I (“the notional period”).
2
For the purposes of paragraph (1) above, a person’s qualifying judicial office shall be taken to be that which he was holding on the day his participation in the scheme ceased.
3
Subject to paragraph (4), a person’s salary in respect of service in any qualifying judicial office referred to in paragraph (2) shall be taken to be a salary of an amount determined by reference to the annual rate of salary payable in his case in respect of service in that office during the notional period.
4
In any case where that qualifying judicial office comes into being on a date after the first day of the notional period —
a
that office shall be treated as if it had existed throughout the notional period; and
b
for the purposes of the calculation in paragraph (3) above —
i
the rate of the person’s salary for the part of the notional period before the date on which that office came into being shall be taken to be the rate that was in force on that date; and
ii
the rate of the person’s salary for the remainder of the notional period shall be the rate actually payable in respect of service in that office.
PART V
Part-time service
Interpretation
9
In this Part “part-time service” means continuous service consisting of at least one day’s service a week in qualifying judicial office on a salaried basis within the meaning of section 1(7).
Application
10
This Part shall apply for the purpose of determining a person’s pensionable pay in any case where the service in qualifying judicial office of a person to whom Part I applies is, or has at some time included, part-time service.
Calculation of pensionable pay
11
1
Pensionable pay shall be calculated in accordance with the formula
P × ( ( A × 1 / 5 ) + ( B × 3 / 10 ) + ( C × 2 / 5 ) + ( D × 1 / 2 ) + ( E × 3 / 5 ) + ( F × 7 / 10 ) + ( G × 4 / 5 ) + ( H × 9 / 10 ) + ( I × 1 ) ) T
where —
a
P is the pensionable pay that the person would have received had he held his qualifying judicial office on a full-time basis, calculated either —
in accordance with section 3(3), or
where the circumstances mentioned in section 3(4) apply, in accordance with regulation 8;
b
A is the period of part-time service of 1 day a week;
c
B is the period of part-time service of 11/2 days a week;
d
C is the period of part-time service of 2 days a week;
e
D is the period of part-time service of 21/2 days a week;
f
E is the period of part-time service of 3 days a week;
g
F is the period of part-time service of 31/2 days a week;
h
G is the period of part-time service of 4 days a week;
i
H is the period of part-timee service of 41/2 days a week;
j
I is the period of full-time service; and
k
T is the aggregate length of service of 1 day a week or more.
2
For the purposes of the calculation, all periods of service shall be expressed in years or fractions of a year as appropriate.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principle Secretaries of State
Dated 7th March 1995
We concur
Andrew Mitchell,
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
Citation and commencement
1
This Order may be cited as the Building Societies (Provision of Services) Order 1995 and shall come into force on 1st June 1995.
Variation of Schedule 8
2
Schedule 8 to the Building Societies Act 1986 (which relates to the powers of a building society to provide services) shall be varied by the deletion of paragraph 1(a), (d) and (e) of Part III (which restrict to individuals the provision of certain banking services).
In witness whereof the common seal of the Building Societies Commission is hereto fixed and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 25th April 1995.
J. Dennis
Secretary to the Commission


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Shorthand Writers' Fees) 1995 and shall come into force on 1st May 1995.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Table of Fees
2
In Chapter IV (Shorthand Writers) of the Table of Fees in rule 42.16 of the Rules of the Court of Session 1994 , in the paragraphs specified in column 1 of the following table, for the figures set out in column 2 as applying to those paragraphs, there shall be substituted the figures set out in column 3 of that table; and the fees so substituted shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force: —
TABLE
Column 1 Column 2 Column 3 (paragraph) £ (old fees) £ (new fees) £
1 (minimum fee per day) 54.75 56.40 1 (per hour) 18.25 18.80 2(a) 3.90 4.00 (b) 4.70 4.85 (c) 0.30 0.31
Saving
3
The fees set out in column 2 of the table in paragraph 2 above shall continue to apply to work done before this Act of Sederunt comes into force.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
6th April 1995


text:
Citation and Commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1995 and shall come into force on 19th June 1995.
Interpretation
2
In this Order and in the Schedules hereto —
“ the Act ” means the Financial Services Act 1986;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Order ” means the Companies (Northern Ireland) Order 1986 ;
“ EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 , as adjusted by the Protocol signed at Brussels on 17th March 1993 , but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“private company”, in relation to a body corporate which is a company within the meaning of the 1985 Act, means a private company within the meaning of section 1(3) of the 1985 Act and, in relation to a body corporate which is a company within the meaning of the 1986 Order, means a private company within the meaning of article 12(3) of the 1986 Order; and
“relevant EEA market” means a market in an EEA State which is established under the rules of an investment exchange specified in Part I of Schedule 1 to this Order or which meets the criteria specified in Part II of that Schedule.
Investment advertisements issued for the purpose of promoting or encouraging industrial or commercial activity or enterprise
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate of the kind described in paragraph (2) below which —
a
relates to shares in or debentures of a private company;
b
contains no invitation or information which would make it an investment advertisement other than an invitation or information which it is reasonable to expect a person engaged in an activity of the kind described in that paragraph to give in the course of engaging in that activity; and
c
complies with the requirements of paragraph (3) of this article.
2
A body corporate falls within this paragraph if —
a
it is a body corporate which has as its principal object or one of its principal objects the promotion or encouragement of industrial or commercial activity or enterprise in the United Kingdom or in any particular area of it or the dissemination of information concerning persons engaged in such activity or enterprise or requiring capital in order to become so engaged; and
b
it has no direct or indirect pecuniary interest in any matters which are the subject of any investment advertisement it issues which is exempt by virtue of this article or in any investment agreement which may be entered into following such an advertisement.
3
The requirements referred to in paragraph (1)(c) of this article are that the advertisement should contain the following statements presented in a manner which, depending upon the medium through which the advertisement is issued, are calculated to bring the contents of the statements prominently to the attention of recipients of the advertisement —
Investment in new business carries high risks, as well as the possibility of high rewards. It is highly speculative and potential investors should be aware that no established market exists for the trading of shares in private companies. Before investing in a project about which information is given, potential investors are strongly advised to take advice from a person authorised under the Financial Services Act 1986 who specialises in advising on investments of this kind.
The persons to whose order this advertisement has been issued have taken reasonable steps to ensure that the information it contains is neither inaccurate nor misleading..
Take-overs of private companies
4
1
In this article and in Schedule 4 to this Order —
a
the expressions “debentures” and “shares”, when used —
i
in relation to a body corporate which is a company within the meaning of the 1985 Act have the same meaning as in that Act;
ii
in relation to a body corporate which is a company within the meaning of the 1986 Order have the same meaning as in that Order; and
iii
in relation to any other body corporate, mean investments falling within paragraph 1 or 2 of Schedule 1 to the Act issued by that body corporate; and
b
“relevant offer” means an offer of the kind described in Part II of Schedule 4 to this Order for shares in or debentures of a body corporate of the kind described in Part III of that Schedule.
2
Section 57 of the Act shall not apply to an investment advertisement if it falls within paragraph (3), (4), or (5) below.
3
An investment advertisement falls within this paragraph if —
a
it is issued in connection with a relevant offer;
b
it fulfils the conditions specified in Part IV of Schedule 4 to this Order; and
c
it contains no invitation or information which would make it an investment advertisement other than —
i
an invitation or information relating to a relevant offer; or
ii
an invitation or information relating to a relevant offer and an invitation or information relating to an offer for investments falling within paragraph 4 or 5 of Schedule 1 to the Act which confer an entitlement or rights with respect to shares or debentures which are the subject of that relevant offer.
4
An investment advertisement falls within this paragraph if —
a
it either accompanies or is issued after the issue of an investment advertisement which contains a relevant offer and which falls within paragraph (3) above; and
b
it contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to investments falling within paragraph 4 or 5 of Schedule 1 to the Act which confer an entitlement or rights with respect to shares or debentures which are the subject of that relevant offer.
5
An investment advertisement falls within this paragraph if it is issued in connection with a relevant offer and is a form of application for shares or debentures or for investments falling within paragraph 4 or 5 of Schedule 1 to the Act.
Sale of body corporate
5
1
In this article —
a
“a group of connected individuals”, in relation to the party disposing of shares in a body corporate, means persons each of whom is, or is a close relative of, a director or manager of the body corporate and, in relation to the party acquiring the shares, means persons each of whom is, or is a close relative of, a person who is to be a director or manager of the body corporate;
b
“close relative” means a person’s spouse, his children (including, in Northern Ireland, his adopted children) and step-children, his parents and step-parents, his brothers and sisters, and his step-brothers and step-sisters and includes a person acting in the capacity of trustee or personal representative of any such relative; and
c
“single individual” includes two or more persons acting in their capacity as the personal representatives of a single individual.
2
Section 57 of the Act shall not apply to an investment advertisement if the invitation is made or the information is given by or on behalf of a body corporate, a partnership, a single individual or a group of connected individuals for the purposes of or with a view to the acquisition or disposal of shares in a body corporate other than an open-ended investment company between parties each of whom is a body corporate, a partnership, a single individual or a group of connected individuals, being shares which —
a
consist of or include shares carrying 75 per cent or more of the voting rights attributable to share capital which are exercisable in all circumstances at any general meeting of the body corporate; or
b
would, together with any shares already held by the person or persons by or on whose behalf the advertisement is issued, carry not less than that percentage of those voting rights.
Dealings in course of non-investment business
6
Section 57 shall not apply to an investment advertisement issued or caused to be issued by a person who holds a permission granted under paragraph 23 of Schedule 1 to the Act if the only reason why the advertisement would be subject to the provisions of section 57 of the Act is because it contains an invitation or information given for the purposes of or in connection with anything done in accordance with the terms and conditions of the permission.
Advertisements issued to persons of particular kinds
7
1
In this article “relevant person” means a person who is not an authorised person and who is not unlawfully carrying on investment business in the United Kingdom.
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a relevant person in circumstances in which either —
a
it is contained in a copy of a publication being a copy which is issued to a particular person by reason of his having placed an advertisement in that publication; or
b
it is issued to a person whose business it is to place, or arrange for the placing of, advertising and who is sent the advertisement for the purposes of that business.
Advertisements directed at informing or influencing persons of a particular kind
8
1
Section 57 of the Act shall not apply to an investment advertisement to which it would, apart from this article or other applicable exemption, otherwise apply if the advertisement may reasonably be regarded as being directed at informing or influencing only persons who fall within any one or more of the following categories —
a
a government, local authority or public authority;
b
persons whose ordinary activities involve them, as principal or as agent, in acquiring, holding, managing or disposing of investments for the purposes of a business carried on by them or whom it is reasonable to expect will, as principal or agent, acquire, hold, manage or dispose of investments for the purposes of such a business;
c
persons whose ordinary business involves the giving of advice which may lead to another person acquiring or disposing of an investment or refraining from so doing; and
d
persons whose ordinary business involves making arrangements with a view to another person acquiring or disposing of investments.
2
For the purposes of paragraph (1) of this article —
a
the expression “government, local authority or public authority” has the meaning given in Note (1) to paragraph 3 of Schedule 1 to the Act; and
b
an advertisement may be regarded as directed at informing or influencing a person of a kind specified in paragraph (1) if it is addressed to some other person in his capacity as an employee of that person, and, for these purposes, employment includes employment otherwise than under a contract of service.
9
1
For the purposes of article 8 of this Order, each of the following is an indication that an advertisement is directed at informing or influencing persons of a kind specified in paragraph (1) of that article —
a
the advertisement expressly states that it is directed at persons of a kind specified in article 8(1) of this Order and that it would be imprudent for persons of any other kind to respond to it;
b
the advertisement expressly states that any investment or service to which it relates is available only to persons having professional experience in matters relating to investment;
c
the manner in which the advertisement is disseminated is such that it is unlikely to come to the attention of persons who are not professionally experienced in matters relating to investment; and
d
any invitation or information contained in the advertisement is unlikely to appeal to persons who do not have professional experience in matters relating to investment.
2
None of the indications given in paragraph (1) above is to be taken as showing conclusively that an advertisement is directed as there mentioned and, equally, the fact that an advertisement contains none of those indications is not to be taken to indicate that it is not so directed.
10
1
For the purposes of article 8 of this Order, each of the following is an indication that an advertisement is directed at informing or influencing persons of a kind not specified in paragraph (1) of that article —
a
the advertisement concerns an investment which is likely to be of interest mainly to persons acting in their personal capacity;
b
the minimum amount which may be expended in order to enter into any transaction to which the advertisement relates is sufficiently small that it is unlikely to deter persons who do not have professional experience in matters relating to investment from responding to the advertisement; and
c
the advertisement is a direct offer advertisement within the meaning given to that expression for the purposes of the core rules for the conduct of investment business .
2
None of the indications given in paragraph (1) above is to be taken as showing conclusively that an advertisement is directed as there mentioned and, equally, the fact that an advertisement contains none of those indications is not to be taken to indicate that it is not so directed.
Advertisements required or permitted to be published by exchange or market rules
11
Section 57 of the Act shall not apply to any advertisement relating to any investment falling within any of paragraphs 1 to 5 of Schedule 1 to the Act which is permitted to be traded or dealt in on a relevant EEA market or a market established under the rules of an investment exchange specified in Schedule 2 to this Order, if the advertisement consists of or of any part of a document which is required or permitted to be published by the rules of the relevant market, or by a body which regulates such a market or which regulates offers or issues of investments to be traded on such a market.
Advertisements by certain markets
12
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a market which is a relevant EEA market or is established under the rules of an investment exchange specified in Schedule 2 or 3 to this Order if the only reason why section 57 would otherwise apply to the advertisement is that it contains information which identifies a particular investment falling within paragraph 7, 8 or 9 of Schedule 1 to the Act as one which may be traded or dealt in on the market.
Industrial and provident societies
13
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by an industrial and provident society with respect to investments falling within paragraph 2 of Schedule 1 to the Act which it has issued or proposes to issue.
Public offers of securities
14
Section 57 of the Act shall not apply to an investment advertisement which —
a
is a prospectus, or supplementary prospectus, issued in accordance with Part II of the Public Offers of Securities Regulations 1995 ;
b
relates to a prospectus or supplementary prospectus published or to be published in accordance with Part II of the Public Offers of Securities Regulations 1995, and which contains no invitation or information which would make it an investment advertisement other than —
i
the name and address of the person by whom the investments to which the prospectus or supplementary prospectus relates are to be offered (within the meaning of the Public Offers of Securities Regulations 1995), or other particulars for communicating with him;
ii
the nature and the nominal value of the investments to which the prospectus or supplementary prospectus relates, the number offered and the price at which they are offered;
iii
a statement that a prospectus or supplementary prospectus issued in accordance with Part II of the Public Offers of Securities Regulations 1995 is or will be available and, if it is not yet available, when it is expected to be; and
iv
instructions for obtaining a copy of the prospectus or supplementary prospectus; or
c
is required by a relevant EEA market for admission of an investment to trading on that market which —
i
contains the information which would be required by Part II of the Public Offers of Securities Regulations 1995 if it were a prospectus; and
ii
does not contain any information other than information required or permitted to be published by the rules of the relevant EEA market.
Advertisements required or authorised under enactments
15
Section 57 of the Act shall not apply to an investment advertisement if its issue is required or authorised by or under any enactment other than the Act.
Revocations
16
The Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1988 and the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1992 are hereby revoked.
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1995


text:
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route (Prohibition of U-Turn) Traffic Order 1995, and shall come into force on 15th May 1995.
2
In this Order “central reservation” means that part of Holloway Road in the London Borough of Islington which separates the two carriageways of Holloway Road for the safety or guidance of vehicular traffic using that road.
3
Subject to the provisions of article 4 below, no person shall cause or permit any vehicle proceeding north-west bound in Holloway Road, Islington to make a U-Turn at the end of the central reservation opposite the south-eastern kerbline of Windsor Road.
4
Nothing in this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
1st May 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Croydon) (Amendment) Order 1995 and shall come into force on 14th December 1995.
Amendment of the Road Traffic (Special Parking Area) (London Borough of Croydon) Order 1994
2
The amendments to the Schedule to the Road Traffic (Special Parking Area) (London Borough of Croydon) Order 1994 set out in the Schedule to this Order shall have effect.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
14th November 1995


text:
1
The Tameside (Ashton Northern By-Pass Stage 1 Ashton-under-Lyne) (Special Roads) Scheme 1994 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 and its accompanying plan are deposited at the offices of the Department of Transport, 76 Marsham Street, London SW1 4DR and at the offices of Tameside Metropolitan Borough Council, Ashton Information Office, Council Offices, Wellington Road, Ashton-under-Lyne, Tameside OL6 6DL.
3
The Scheme will come into force 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 Tameside (Ashton Northern By-Pass Stage 1 Ashton-under-Lyne) (Special Roads) Scheme 1994 Confirmation Instrument 1996.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
24th January 1996