text:
Citation and commencement
1
This Order may be cited as the Medicines (Control of Substances for Manufacture and Exportation of Specified Products for Human Use) Amendment Order 1994 and shall come into force on 11th April 1994.
Amendment of the Medicines (Control of Substances for Manufacture) Order 1971
2
1
The Medicines (Control of Substances for Manufacture) Order 1971 is amended in accordance with the following paragraphs of this article.
2
Schedule 1 is amended as follows —
a
in the paragraphs in Column 2 corresponding to paragraphs 1 to 19 in Column 1, the words “human beings or” are omitted;
b
in the paragraph in Column 2 corresponding to paragraphs 20 and 21 in Column 1, the words “human beings or” are omitted
c
in the paragraph in Column 2 corresponding to paragraph 22 in Column 1, the words “human or” are omitted
d
in the paragraphs in Column 2 corresponding to paragraphs 23 to 34 in Column 1, the words “human or” are omitted and
e
paragraph 35 in Column 1 and the paragraph in Column 2 corresponding to it are omitted.
3
In Schedule 2, the definition of “Preparations of blood” is omitted.
Amendment of the Medicines (Control of Substances for Manufacture) Order 1985
3
Column 2 of Schedule 1 to the Medicines (Control of Substances for Manufacture) Order 1985 is amended as follows —
a
in the paragraphs corresponding to paragraphs 1 and 2 in Column 1, the words “human beings or” are omitted; and
b
in the paragraph corresponding to paragraph 3 in Column 1, the words “human or” are omitted.
Revocation of the Medicines (Exportation of Specified Products for Human Use) Order 1971
4
The Medicines (Exportation of Specified Products for Human Use) Order 1971 is revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th March 1994
John Redwood
Secretary of State for Wales
15th March 1994
Fraser of Carmyllie
Minister of State The Scottish Office
15th March 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
16th March 1994.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
15th day of March 1994.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
J. Murray
Permanent Secretary
15th day of March 1994.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registration of Births and Deaths (Amendment) Regulations 1994 and shall come into force on 1st April 1995.
2
In these Regulations “the principal Regulations ” means the Registration of Births and Deaths Regulations 1987 and unless the context otherwise requires any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the principal Regulations.
Amendment of regulation 2
2
In regulation 2(1) (interpretation) for the definition of “maiden surname” there shall be substituted the following definition: —
“maiden surname”, in relation to a woman means the surname under which she contracted her marriage (or, where she has married more than once, her first marriage),
Amendment of regulation 9
3
Regulation 9 (entry of particulars on registration within three months from date of birth) shall be amended as follows —
a
paragraph (6)(b) shall be omitted; and
b
immediately after paragraph 9(6) as amended by this regulation there shall be inserted the following paragraph —
6A
With respect to space 8b (mother’s occupation) if the mother has changed her occupation since the birth of the child, the registrar shall in space 8b after the occupation as at the date of the birth enter the occupation as at the date of registration preceded by the word “now”.
Amendment of regulation 19
4
For regulation 19(b)(i) (attendance and particulars on re-registration of birth) there shall be substituted —
i
in spaces 6 and 8b of form 1 (occupations) the occupations of the father and mother respectively need not be recorded as at both the date of birth and the date of the entry,
Amendment of regulation 34
5
In regulation 34(2) (registration of still-birth where no reference is made to the coroner) in sub-paragraph (a) immediately after the figure “1” there shall be inserted “a”, sub-paragraph (ii) shall be omitted and there shall be inserted immediately after sub-paragraph (a)(i) the following sub-paragraph —
aa
in space 1(b) (name and surname) any name and surname given by the informant in respect of the child;
Amendment of regulation 36
6
In regulation 36(1)(a) (registration of still-birth on coroner’s certificate after inquest) immediately after the figure “1” there shall be inserted “a, 1b”.
Amendment of regulation 56
7
Subject to regulation 9 of these Regulations, regulation 56(3) (correction of certain minor clerical errors after completion of entries in registers of live-births and deaths) shall be amended by substituting for heads (iiia) and (iv) of sub-paragraph (3)(a) the following head —
iv
in space 8a, in the mother’s place of birth and in space 8b in the mother’s occupation,
Substitutions of forms 1, 2, 5, 6, 9, 11 and 20 in Schedule 2
8
For forms 1, 2, 5, 6, 9, 11 and 20 in Schedule 2 (prescribed forms) there shall be substituted respectively forms 1, 2, 5, 6, 9, 11 and 20 in the Schedule to these Regulations.
Transitional Provisions
9
Regulation 56(3)(a)(iiia) and (iv) of the principal Regulations shall continue to apply as if these Regulations had not been made in relation to any entry relating to, respectively, the occupation of the mother in space 7, and the place of birth of the mother in space 8, of any form 1 completed in respect of any registration of a birth where that birth occurred before the date upon which these Regulations come into force.
Given under my hand on
P. J. Wormald
Registrar General
18th July 1994
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
20th July 1994


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Refrigerators and Freezers) Regulations 1994 and shall come into force on 1st January 1995.
Interpretation
2
In these Regulations, unless the context otherwise requires, expressions used have the same meaning as in the Directives and —
“appliance” means an appliance to which these Regulations apply by virtue of regulation 3 (application);
“dealer” means a retailer or other person who sells or displays appliances to end-users;
“the Directives” means Council Directive 92/75/ EEC and Commission Directive 94/2/ EC
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) and,
in Northern Ireland, the Department of Economic Development;
“the harmonised standards” means the standards referred to in article 1(2) of Commission Directive 94/2/EC (measurement of required information);
“information notice” means —
subject to paragraph (b), a standard table of information relating to an appliance and complying with regulation 5(2) (form, content and language of information notice);
in paragraph 9 (power of enforcement authority to require technical documentation) of Schedule 6, a standard table of information relating to the energy consumption and allied design and performance characteristics of an appliance;
“label” means —
subject to paragraph (b), a label relating to an appliance and complying with regulation 4(2) (form, content and language of label);
in regulation 13 (misleading information) and in paragraph 9 (power of enforcement authority to require technical information) of Schedule 6, a label relating to the energy consumption and allied design and performance characteristics of an appliance;
“purchase” includes acquire on hire or on hire-purchase, and related expressions shall be construed accordingly;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“sale” includes hire and hire-purchase, and related expressions shall be construed accordingly;
“supplier” means the manufacturer of an appliance or his authorized representative in the Community or the person who places an appliance on the Community market;
“third person” means any person other than the one against whom enforcement action may be or has been taken under these Regulations.
Application
3
1
Subject to paragraphs (2) and (3) and regulation 15 (transitional provisions), these Regulations shall apply to household —
a
refrigerators,
b
frozen food storage cabinets,
c
food freezers
and their combinations, even where these are sold for non-household uses.
2
These Regulations shall apply only to appliances which are —
a
electric mains operated, and
b
do not also use other energy sources, such as batteries.
3
These Regulations shall not apply —
a
to second-hand appliances,
b
to appliances of which production ceased before 1st January 1995, or
c
in respect of the rating plate or its equivalent affixed for safety purposes to an appliance.
Suppliers' duties in respect of labels
4
1
A supplier of an appliance shall provide free of charge to a dealer such label in respect of the appliance as may be necessary to enable the dealer to comply with his obligations imposed pursuant to the Directives.
2
The label shall be in the relevant language version and, where it is in English, shall comply with Schedules 1 (the label), 4 (categories of appliance) and 5 (energy efficiency class) and, in any other case, with Commission Directive 94/2/EC .
3
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
4
A supplier may choose his own system for delivery of labels.
Suppliers' duties in respect of information notices
5
1
A supplier of an appliance shall provide an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and, where it is in English, shall comply with Schedules 2 (the information notice), 4 (categories of appliance), and 5 (energy efficiency class) and, in any other case, with Commission Directive 94/2/EC .
3
Where the supplier provides a product brochure, the brochure shall contain an information notice.
4
Where a product brochure is not provided by the supplier, the supplier shall provide an information notice with any other literature provided with the appliance.
Suppliers' deemed consent to publication of information
6
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Suppliers to be responsible for accuracy of labels and information notices
7
1
The supplier shall be responsible for the accuracy of the information given on a label or in an information notice.
2
A label or information notice shall be deemed to comply with these Regulations unless there is evidence to the contrary.
Suppliers' duties in respect of technical documentation
8
1
The supplier shall establish technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the appliance, sufficient for it to be identified;
c
information (including drawings as relevant) on the main design features of the appliance and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out in accordance with the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under other Community legislation;
g
where values are derived from those obtained for similar models, the same information for these models; and
h
operating instructions (if any).
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the appliance has ceased to be manufactured.
5
The supplier shall furnish promptly to an enforcement authority such of the technical documentation as the authority requires pursuant to paragraph 9 of Schedule 6 (power of enforcement authority to require technical information).
Dealers' duty in respect of displayed appliances
9
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), a dealer who displays an appliance to end-users shall attach a label to the outside front or top of the appliance so that the label remains clearly visible and not obscured whenever the appliance is displayed.
Dealers' duty in respect of information notices
10
1
Subject to regulation 11 (extent of dealers' duties under regulations 9 and 10), this regulation shall apply where by virtue of regulation 5 (suppliers' duties in respect of information notices) or a similar obligation imposed pursuant to the Directives, a supplier is under a duty to provide an information notice in respect of an appliance.
2
Where a dealer offers the appliance for sale to end-users in circumstances such that potential purchasers do not see the appliance displayed and thus have no opportunity to see the label, the dealer shall make the information notice available for inspection by potential purchasers before concluding a sale of the appliance.
Extent of dealers' duties under regulations 9 and 10
11
Regulations 9 (dealers' duty in respect of displayed appliances) and 10 (dealers' duty in respect of information notices) shall not apply where an appliance is offered for sale to end-users by mail order, by catalogue or by other means which imply that the potential purchaser cannot be expected to see the appliance displayed.
Printed communications
12
Where a person offers an appliance for sale to end-users by means of a printed communication, such as a mail order catalogue, in circumstances which imply that the potential purchaser cannot be expected to see the appliance displayed, the person making such offer shall ensure that the printed communication is in the relevant language version and —
a
if it is in English, includes the information specified in Schedule 3 (mail order and other distance selling) and describes the appliance in accordance with Schedules 4 (categories of appliance) and 5 (energy efficiency class), and
b
in any other case, it complies with Commission Directive 94/2/EC .
Misleading information
13
1
A person shall not display a label, mark, symbol or inscription which relates to the energy consumption of an appliance and which does not comply with these Regulations, if the label, mark, symbol or inscription —
a
would be taken to comply with these Regulations, or
b
would be likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme.
Enforcement and offences
14
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Schedule 6 shall have effect with regard to offences, enforcement of these Regulations, and other matters.
3
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
Transitional provisions
15
These Regulations shall not apply in relation to —
a
an appliance supplied by a supplier (whether to a dealer or another person) before 1st January 1995; or
b
any printed communication within the meaning of regulation 11 (printed communications) distributed to potential purchasers before 1st January 1995.
John Gummer
One of Her Majesty’s Principal Secretaries of State
Department of Environment
2nd December 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Insurance Companies (Amendment No. 2) Regulations 1994 and shall come into force on 31st December 1994.
2
The Insurance Companies Regulations 1994 (“the 1994 Regulations ”) and the Insurance Companies (Accounts and Statements) Regulations 1983 (“the 1983 Regulations ”) shall have effect subject to the following amendments.
AMENDMENTS OF THE 1994 REGULATIONS
Interpretation: general
2
In paragraph (1) of regulation 2 of the 1994 Regulations (interpretation: general), for the definition of “ the Act ” substitute —
“the Act” means the Insurance Companies Act 1982 and includes amendments made to that Act by the Insurance Companies (Amendment) Regulations 1994
.
Localisation
3
In paragraphs (1) and (2) of regulation 31 of the 1994 Regulations (localisation), for the words “the European Community” wherever they occur substitute “any member State.”
Exclusions from regulations 27 to 31
4
In regulation 32(1)(a) of the 1994 Regulations (exclusions from regulations 27 to 31), for the words “European Community” substitute the words “member States”.
Particulars of changes of director, controller or manager etc.
5
1
Regulation 34 of, and Schedule 6 to, the 1994 Regulations (particulars of changes of director, controller or manager etc.) shall be amended as follows.
2
In regulation 34, for the words “and 62(1) of the Act” substitute “62(1) and 62(1B) of the Act”.
3
In paragraphs 4 and 7 of Schedule 6, for “62(1)” substitute “62(1B)”.
4
In paragraph 10 of Schedule 6, for the words “or 62(1) of the Act” substitute “, 62(1) or 62(1B) of the Act”.
Linked contracts
6
1
Regulation 43 of the 1994 Regulations (linked contracts) shall be amended as follows.
2
In paragraph (4)(a), omit the words “or fluctuations in” and after the words “property of any description” insert the words “or by reference to fluctuations in, or in an index of, property of any description, by reference”.
3
Omit paragraph (4)(b).
4
In paragraph (4)(c), after the words “to which Part II of the Act applies” insert the words “which fall within sub-paragraph 3(b) above”.
5
In paragraph (4)(d), after the words “contracts entered into by an EC company” insert the words “which fall within sub-paragraph 3(b) above”.
6
After paragraph (8) add —
9
Until 1st September 1995, paragraph 1 of Schedule 10 shall have effect as if listed securities included all debentures in respect of which there has been granted and not withdrawn a listing on any stock exchange in an EEA State which is a stock exchange within the meaning of the law of that EEA State and “unlisted securities” shall be construed accordingly.
Interpretation: Part VIII
7
1
Regulation 44 of the 1994 Regulations (interpretation: Part VIII) shall be amended as follows.
2
In paragraph (1), in the definition of “approved securities”, after the words “debentures issued” in sub-paragraph (c) insert “prior to 31st December 1994”.
3
In paragraph (1), in the definition of “listed”, for the words “a member State” substitute “an EEA State”.
4
In paragraph (1), omit the definition of “regulated subordinated debt”.
5
In paragraph (1), after the definition of “stock lending transaction” insert —
“subordinated debt” means any debt which, on a winding up of the debtor, ranks for payment after the claims of general creditors and is not to be repaid until the claims of all the general creditors outstanding at the time have been settled;
.
6
In paragraph (3)(b), after the words “an approved credit institution” insert “and the amount of the guarantee when added to the aggregate exposure (as defined in regulation 57(3)) to the approved credit institution does not exceed the maximum admissible value prescribed by regulation 57 of, and Schedule 12 to, these Regulations”.
Valuation of assets and liabilities of dependants for the purposes of regulation 46
8
In paragraph (2)(b) of regulation 47 of the 1994 Regulations (valuation of assets and liabilities of dependants for the purposes of regulation 46), for the word “paragraphs” substitute “sub-paragraphs”.
Debts and other rights
9
1
Regulation 48 of the 1994 Regulations (debts and other rights) shall be amended as follows.
2
For paragraph (1) substitute —
1
The value of any secured debt due, or to become due, to an insurance company, other than a debt to which regulation 46(4) above or paragraphs (2), (3) or (6) of this regulation applies, shall be —
a
in the case of any such debt which is due, or will become due, within twelve months of the relevant date (including any debt which would become due within that period if the company were to exercise any right to which it is entitled to require payment of the same), the amount which can reasonably be expected to be recovered in respect of that debt (due account being taken of the nature and quality of the security and the terms and conditions for payment thereof); and
b
in the case of any other such debt, the amount which would reasonably be paid by way of consideration for an immediate assignment of the debt (due account being taken of the nature and quality of the security and the terms and conditions for payment thereof).
3
For sub-paragraph (c) of paragraph (6) substitute —
d
from a company of which it is a dependant where such debt is subordinated debt, or
4
In paragraph (8), after the words “shall apply to a debt” insert the words “(save in so far as the debt represents an unconditional right to a specified amount)”.
5
After paragraph (10) insert —
11
Nothing in this regulation shall apply to listed investments.
Listed investments
10
In regulation 53 of the 1994 Regulations (listed investments), after paragraph (3) add —
4
The value of any listed debenture which (wholly or in part) has the effect of a derivative contract to which regulation 55(3) below does not apply shall not exceed an amount which would reasonably be paid by way of consideration for an immediate assignment of the unconditional right (if any) to receive a specified amount under the terms of the debenture.
Derivative contracts
11
In sub-paragraph (iv) of paragraph (4)(a) of Regulation 55 of the 1994 Regulations (derivative contracts), after the words “an index” insert the words “of such assets” and after sub-paragraph (iv) insert —
v
a national index of retail prices published by or under the authority of a government of a state belonging to Zone A as defined in Council Directive 89/647/ EEC of 18 December 1989 on a solvency ratio for credit institutions; or
.
Assets to be taken into account only to a specified extent
12
1
Regulation 57 of the 1994 Regulations (assets to be taken into account only to a specified extent) shall be amended as follows.
2
For paragraphs (1) to (8) substitute —
1
Assets of an insurance company shall only be taken into account to the extent that its aggregate exposure to assets of a particular description does not exceed the maximum admissible value for assets of that description. Where its aggregate exposure to assets of a particular description exceeds the maximum admissible value for assets of that description, assets shall be left out of account in accordance with paragraph (8C) below.
2
The “aggregate exposure” of an insurance company to assets of a particular description shall mean an amount in respect of such assets actually held by the company (if any) calculated in accordance with paragraph (4) below adjusted in accordance with paragraphs (5) to (8B) below.
3
The “maximum admissible value” means —
a
for a company carrying on general business, whether or not also carrying on long term business, in the case of general business assets of a description specified in Part I of Schedule 12, an amount equal to the percentage of the general business amount specified in Schedule 12 for assets of that description;
b
for a company carrying on only long term business, for all assets of a description specified in Part I of Schedule 12, an amount equal to the percentage of the long term business amount specified in Schedule 12 for assets of that description;
c
for a company carrying on general business and long term business, in the case of long term business assets of a description specified in Part I of Schedule 12, an amount equal to the percentage of the long term business amount specified in Schedule 12 for assets of that description; and
d
for any company, in the case of assets of any other description, no value.
4
The amount referred to in paragraph (2) above and paragraphs (5) to (7) and (8E) below is —
a
where the assets held are of a description for the valuation of which provision is made in this Part of these Regulations, the value of such assets; or
b
where the assets held are of a description for the valuation of which no provision is made in this Part of these Regulations, an amount which would reasonably be paid by way of consideration for an immediate assignment or transfer of such assets.
5
Where assets of a particular description have been transferred by the company to another party pursuant to a stock lending transaction, the aggregate exposure to such assets shall be increased by an amount in respect of the assets transferred, calculated in accordance with paragraph (4) above.
6
Where the company is party to a contract which (wholly or in part) is or has the equivalent effect to a futures contract which —
a
provides for the acquisition of assets of a particular description by the company; or
b
is listed and provides for the disposal of assets of a particular description by the company; or
c
is not listed but provides for the disposal of assets of a particular description by the company to an approved counterparty within one year of the relevant date,
then, for the purposes of calculating its aggregate exposure, at the relevant date the company shall be deemed to have acquired or disposed of such assets and the aggregate exposure to assets of that description shall be increased or decreased accordingly by an amount calculated in accordance with paragraph (4) above.
7
Where the company is party to a contract which (wholly or in part) is or has the equivalent effect to an option which —
a
provides for the acquisition of assets of a particular description by the company; or
b
is listed and provides for the disposal of assets of a particular description by the company; or
c
is not listed but provides for the disposal of assets of a particular description by the company to an approved counterparty within one year of the relevant date,
and it is prudent at the relevant date to assume that such option will be exercised then, for the purpose of calculating its aggregate exposure, at the relevant date the company shall be deemed to have acquired or disposed of such assets and the aggregate exposure to assets of that description shall be increased or decreased accordingly by an amount calculated in accordance with paragraph (4) above.
8
Where the company is party to a contract which (wholly or in part) is or has the equivalent effect to a contract for differences, the value of which depends to a significant extent upon fluctuations in the value of, or income from, either assets for the valuation of which no provision is made in this Part of these Regulations or assets of a particular description, for the purpose of calculating its aggregate exposure, the company shall be deemed to have achieved the effect of such contract for differences by entering into appropriate options or futures contracts in respect of those assets and such options or futures contracts shall be dealt with in accordance with paragraphs (6) and (7) above.
8A
Where the company —
a
has rights under a contract which (wholly or in part) is or has the equivalent effect to a derivative contract; and
b
would reasonably expect to receive by way of consideration for an immediate transfer or assignment thereof or for closing out that contract, an amount in excess of the value of those rights when determined in accordance with this Part of these Regulations,
the aggregate exposure of the company to assets of descriptions deemed to have been acquired or disposed of pursuant to that contract by virtue of paragraphs (6) to (8) above shall be reduced by the amount of that excess, such amount being apportioned between those descriptions of assets in a reasonable manner, having regard to the terms of the contract.
8B
Where the company —
a
is party to a contract which falls within paragraph (8E) below; and
b
is required to make a deduction pursuant to that paragraph,
the aggregate exposure to assets of descriptions deemed to have been acquired or disposed of pursuant to that contract by virtue of paragraphs (6) to (8) above shall be reduced by the amount of that deduction, such amount being apportioned between those descriptions of assets in a reasonable manner, having regard to the terms of the contract.
8C
Where the aggregate exposure to assets of a particular description exceeds the maximum admissible value for assets of that description, then assets to the amount of the excess shall be left out of account —
a
by leaving out of account assets of that description held by the company to an amount sufficient to eliminate the excess; and
b
where the company does not hold sufficient assets of that description, by making a deduction, sufficient to eliminate the excess, from the aggregate value of the assets of the company taken into account.
8D
For the purposes of determining whether, in pursuance of paragraphs 6, 8, 9, 10, 12, 13 and 14 of Schedule 12, assets should be left out of account by reason that the aggregate exposure exceeds the maximum admissible value, account may be taken of any amount which has already been left out of account in respect of assets of any of the descriptions in those paragraphs.
8E
Where the company is party to a contract which (wholly or in part) is or has the equivalent effect to a derivative contract for the valuation of which provision is not made in this Part of these Regulations, in addition to assets left out of account by virtue of paragraph (1) above, a deduction, equal to the amount, calculated in accordance with paragraph (4) above, of cash or other assets as shall at the relevant date have been paid or transferred to the company in respect of that contract, shall be made from the aggregate value of the assets of the company taken into account.
3
In paragraph (13), omit the words “(not being a dependant of the insurance company)”.
4
After paragraph (13) insert —
13A
Until 1st September 1995, paragraphs 4 and 10 of Schedule 12 shall have effect as if “listed debentures” included all debentures in respect of which there has been granted and not withdrawn a listing on any stock exchange in an EEA State which is a stock exchange within the meaning of the law of that EEA State and “unlisted debentures” shall be construed accordingly.
5
In paragraph (15), omit the word “or” in sub-paragraph (c), replace the full stop in sub-paragraph (d) with a semi-colon and add —
e
shares in or debts due or to become due from a dependant falling within regulation 46; or
f
holdings in a unit trust scheme falling within Council Directive 611/EEC of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities.
Expenses
13
In paragraph (1) of regulation 71 of the 1994 Regulations (expenses), omit the word “existing”.
Insurance statistics: EFTA States and EFTA companies
14
In regulation 80 of the 1994 Regulations (insurance statistics EFTA States and EFTA companies), for the words “calendar year”, wherever they occur, substitute “financial year”.
Permitted links
15
1
Schedule 10 to the 1994 Regulations (permitted links) shall be amended as follows.
2
In paragraph 5, for sub-paragraph (b) substitute —
b
Units in a collective investment fund which satisfies the following conditions —
i
the property of the fund comprises property of any of the descriptions in paragraphs 1 to 4 and 5(a) above or paragraphs 6 to 10 below; and
ii
the units are readily realisable at a price which represents the net value per unit of the assets and liabilities of the fund; and
iii
the price at which the units may be bought and sold is published regularly.
and omit sub-paragraph (c).
3
In sub-paragraph (a) of paragraph 14 add —
a
a national index of retail prices published by or under the authority of a government of a state belonging to Zone A as defined in Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for crediting institutions; or
.
4
For sub-paragraph (b) of paragraph 14 substitute —
b
an index which is —
i
based on constituents, each of which is property falling within paragraphs 1 to 8 or 10 above; and
ii
in respect of which a derivative contract is listed.
.
5
In sub-paragraph (a) of paragraph 16, after the words “or the income from” omit the comma and insert the word “or” and after the words “in the value of property” insert a comma.
6
At the end of sub-paragraph (b) of paragraph 16, substitute a semi-colon for the full stop and add —
c
property of the description in paragraph 5(b) above unless the contract under which the benefits are payable has been marketed in accordance with any legal restrictions which apply to the marketing of the units in the collective investment fund;
d
property of any of the descriptions in Part I of this Schedule which (wholly or in part) has the equivalent effect to a derivative contract other than a permitted derivative contract.
Assets to be taken into account only to a specified extent
16
In paragraph 6 of Schedule 12 to the 1994 Regulations (assets to be taken into account only to a specified extent), for the words “paragraph (4)” substitute “paragraphs 4 and 5”.
Insurance statistics: other member States
17
In line 11 of Form 92 in Schedule 16 to the 1994 Regulations (insurance statistics: other member States), for the words “premiums earned” substitute the words “premiums written”, in line 12 for the words “claims incurred” substitute the words “claims paid”; omit notes 2 and 3 to Form 92 and renumber note 4 as note 2.
AMENDMENTS OF THE 1983 REGULATIONS
Interpretation
18
In paragraph (1) of regulation 3 of the 1983 Regulations (interpretation), for the definition of “the Act” substitute —
“the Act” means the Insurance Companies Act 1982 and includes amendments made to that Act by the Insurance Companies (Amendment) Regulations 1994.
Balance sheet and profit and loss account
19
In Form 13 in Schedule 1 to the 1983 Regulations (balance sheet and profit and loss account), in Instruction 6(a), for the words “the value of assets left out of account pursuant to regulation 57(2)(b)” substitute “the deductions pursuant to regulation 57(8C)(b) and (8E)”.
20
1
Form 15 in Schedule 1 to the 1983 Regulations shall be amended as follows.
2
In line 45, for the entry “Recommended dividend” substitute the entry “Dividends”.
3
In line 46, for the entry “Cumulative preference share dividend accrued” substitute the entry “Cumulative preference shares”.
4
For Instruction 2(b) substitute —
2
The entry at line 46 shall exclude liabilities in respect of cumulative preference shares, to the extent that such liabilities are left out of account in accordance with regulation 23(3) of the Insurance Companies Regulations 1994.
Certificate by appointed actuary
21
For sub-paragraph (iv) of paragraph 9(a) of Schedule 6 to the 1983 Regulations (certificate by appointed actuary) substitute —
iv
and shall list the professional guidance notes which have been complied with; and
.
Jonathan Evans
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th December 1994


text:
1
This Order may be cited as the Protection of Wrecks (MV Braer) (Revocation) Order 1994 and shall come into force on 7th October 1994.
2
The Protection of Wrecks (MV Braer) Order 1993 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary-Under Secretary of State,
Department of Transport
9th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Crawley Horsham National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Mid Downs Health Authority;
“the Trust” means the Crawley Horsham 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 10th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
1
These Regulations may be cited as the Service Subsidy Agreements (Tendering) (Amendment) Regulations 1994 and shall come into force on 1st June 1994.
2
1
The Service Subsidy Agreements (Tendering) Regulations 1985 shall be amended as follows.
2
In regulation 3(1)(b) —
a
for “£8,000”, in both places where it occurs, there shall be substituted “£10,000”; and
b
for “£40,000” there shall be substituted “£50,000”.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
27th April 1994
Ian Lang
Secretary of State for Scotland
28th April 1994
John Redwood
Secretary of State for Wales
29th April 1994


text:
Citation
1
This Order may be cited as the Education Act 1993 (Commencement No.2 and Transitional Provisions) (Amendment) Order 1994.
Amendment of Order
2
1
Paragraph 2 of Schedule 2 to the Education Act 1993 (Commencement No.2 and Transitional Provisions) Order 1993 is amended as follows.
2
In sub-paragraph (2), at the beginning, there are inserted the words “Subject to sub-paragraph (8) below,”.
3
After sub-paragraph (7), there is inserted the following sub-paragraph —
8
Where in the case of any school to which this paragraph applies the Secretary of State, in exercise of his powers under section 61(11) of the 1988 Act, declares void the ballot required to be held in relation to the school by that section or section 60 of that Act, section 31(3) of the Act shall have effect —
a
as if the references therein to subsection (2) of that section and section 29(1) of the Act were references to, respectively, sections 61(11) and 61(14) of the 1988 Act; and
b
as if for the words ““registered”” to the end there were substituted the words “for the words “immediately following the end of the period of fourteen days beginning with the date on which the relevant resolution or request was passed or received by the governing body” there were substituted the words “specified for the purposes of section 31(3)(b) of the Education Act 1993”.”.
John Patten
Secretary of State for Education
18th February 1994


text:
Citation and commencement.
1
1
This Order may be cited as the Railways (London Regional Transport) (Exemptions) Order 1994.
2
Articles 1 to 3, 5 and 6 of this Order shall come into force on 1st April 1994 and article 4 of this Order shall come into force on 2nd April 1994.
Interpretation
2
In this Order —
“ the Act ” means the Railways Act 1993; and
“ LRT company ” means London Regional Transport or any subsidiary of theirs.
Licence exemption
3
Exemption is granted to every LRT company from the requirement to be authorised by licence to be the operator of —
a
any network on which, or any station from which, no regular scheduled railway passenger services are provided other than by an LRT company;
b
any light maintenance depot which is not used in connection with the provision, other than by an LRT company, of railway passenger services;
c
any train —
i
being used on any such network as is mentioned in paragraph (a) above for any purpose comprised in the operation of that network, or for a purpose preparatory or incidental to, or consequential on, any such use;
ii
being used on a network for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services at any such light maintenance depot as is mentioned in paragraph (b) above.
Facility exemption
4
Exemption from sections 17 and 18 of the Act (access to railway facilities) is granted to every LRT company in respect of —
a
track comprised in every such network as is mentioned in article 3(a) above;
b
every such station as is mentioned in article 3(a) above;
c
every such light maintenance depot as is mentioned in article 3(b) above; and
d
any part of a station (other than a station such as is mentioned in article 3(a) above), which part is not used in connection with the provision, other than by an LRT company, of regular scheduled railway passenger services;
by reference to which the company in question is a facility owner.
Franchise exemption
5
Exemption from designation under section 23(1) of the Act (designation of passenger services as eligible for franchising) is granted to every LRT company in respect of every railway passenger service provided by the company in question. Disapplication of closure provisions.
6
1
Every railway passenger service provided by an LRT company is a service in relation to which section 37 of the Act (closure of non-franchised etc.passenger services) is not to have effect.
2
Every network of which an LRT company is the operator is a network in relation to which section 39 of the Act (closure of operational passenger networks) is not to have effect.
3
Every station or light maintenance depot of which an LRT company is the operator is a station or (as the case may be) a light maintenance depot in relation to which section 41 of the Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994


text:
1
These Regulations may be cited as the Licensing of Air Carriers (Third Amendment and other Provisions) Regulations 1994 and shall come into force on 1st July 1994.
2
1
The Licensing of Air Carriers Regulations 1992
shall be amended as follows.
2
In regulation 2(1), in the definition of “the Council Regulation”, for the words “Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 ”.
3
In regulation 2(1), after the definition of “the Council Regulation”, there shall be inserted the following definitions —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and
.
4
In regulation 18(3) for the words “a member State” there shall be substituted the words “an EEA State”.
3
1
The Civil Aviation Act 1982
shall be amended as follows.
2
In section 69A(5)(a)
for the words “member State” there shall be substituted the words “EEA State”.
3
In section 69A(8), in the definition of “the Community access Regulation”, for the words “Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994”.
4
In section 69A(8), in the definition of “operating licence”, for the words “member State” there shall be substituted the words “EEA State”.
5
In section 105(1), in the definition of “the Community licensing Regulation”, for the words “Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994”.
6
In section 105(1), after the definition of “Convention country”, there shall be inserted the following definitions —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
.
4
1
The Air Navigation Order 1989 shall be amended as follows.
2
In paragraph (3)(c) of article 4 for the words “any member State” there shall be substituted the words “any EEA State”.
3
In paragraph (3)(f) of article 4 for the words “a member State” there shall be substituted the words “an EEA State” and for the words “European Economic Community” there shall be substituted the words “European Economic Area”.
4
In article 106, after the definition of “Direct costs”, there shall be inserted the following definitions —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
.
5
In regulation 3(1) of the Civil Aviation Authority Regulations 1991 , in the definition of “operating licence”, for the words “Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994”.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
1
This Order may be cited as the Insurance Premium Tax (Taxable Insurance Contracts) Order 1994 and shall come into force on 1st October 1994.
2
In this Order —
“ the Act ” means the Finance Act 1994.
3
In section 69 of the Act —
a
after subsection (5) there shall be inserted the following —
5A
For the purposes of this section “lifeboat” and “lifeboat equipment” have the same meaning as in paragraph 6 of Schedule 7A to this Act.
;
b
subsection (6) (which is merely explanatory and which would cast doubt on provisions as amended by this Order) shall be deleted.
4
In section 70 of the Act —
a
in subsection (1), for the words “the following provisions of this section” there shall be substituted “subsection (1A) below”;
b
after subsection (1) there shall be inserted the following —
1A
A contract is not a taxable insurance contract if it falls within one or more of the paragraphs of Part I of Schedule 7A to this Act.
1B
Part II of Schedule 7A to this Act (interpretation of certain provisions of Part I) shall have effect.
;
c
subsections (2) to (10) shall be deleted.
5
After Schedule 7 to the Act there shall be inserted the following —
SCHEDULE 7A
INSURANCE PREMIUM TAX: CONTRACTS THAT ARE NOT TAXABLE
PART I
DESCRIPTIONS OF CONTRACT
Contracts of reinsurance
1
A contract falls within this paragraph if it is a contract of reinsurance.
Contracts constituting long term business
2
1
A contract falls within this paragraph if it is one whose effecting and carrying out constitutes business of one or more of the classes specified in Schedule 1 to the Insurance Companies Act 1982 (long term business) and constitutes only such business.
2
In deciding whether the effecting and carrying out of a contract constitutes only such business as is mentioned in sub-paragraph (1) above where —
a
the contract includes cover for risks not falling within the descriptions in any of the classes specified in Schedule 1 to the Insurance Companies Act 1982;
b
the effecting and carrying out of the contract is treated for the purposes of that Act as constituting business of one or more of those classes and only such business by virtue of the application to it of section 1(3) of that Act; and
c
the contract was not entered into after 30th November 1993,
the inclusion of such cover shall be ignored.
Contracts relating to motor vehicles for use by handicapped persons
3
1
A contract falls within this paragraph if it relates only to a motor vehicle and the conditions mentioned in sub-paragraph (2) below are satisfied.
2
The conditions referred to in sub-paragraph (1) above are that —
a
the vehicle is used, or intended for use, by a handicapped person in receipt of a disability living allowance by virtue of entitlement to the mobility component or of a mobility supplement;
b
the insured lets such vehicles on hire to such persons in the course of a business consisting predominantly of the provision of motor vehicles to such persons; and
c
the insured does not in the course of the business let such vehicles on hire to such persons on terms other than qualifying terms.
3
For the purposes of sub-paragraph (2)(c) above a vehicle is let on qualifying terms to a person (the lessee) if the consideration for the letting consists wholly or partly of sums paid to the insured by —
a
the Department of Social Security;
b
the Department of Health and Social Services for Northern Ireland; or
c
the Ministry of Defence,
on behalf of the lessee in respect of the disability living allowance or mobility supplement to which the lessee is entitled.
4
For the purposes of this paragraph —
a
“handicapped” means chronically sick or disabled;
b
“disability living allowance” means a disability living allowance within the meaning of section 71 of the Social Security Contributions and Benefits Act 1992 or section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
c
“mobility supplement” means a mobility supplement within the meaning of article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 , article 25A of the Personal Injuries (Civilians) Scheme 1983 , article 3 of the Motor Vehicles (Exemption from Vehicles Excise Duty) Order 1985 or article 3 of the Motor Vehicles (Exemption from Vehicles Excise Duty) (Northern Ireland) Order 1985 .
Contracts relating to commercial ships
4
1
A contract falls within this paragraph if it relates only to a commercial ship and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 1, 6 and 12 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (ships, accident, third-party etc.).
3
For the purposes of this paragraph a commercial ship is a ship which is —
a
of a gross tonnage of 15 tons or more; and
b
not designed or adapted for use for recreation or pleasure.
Contracts relating to lifeboats and lifeboat equipment
5
1
A contract falls within this paragraph if it relates only to a lifeboat and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 1, 6 and 12 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (ships, accident, third-party etc.).
3
For the purposes of this paragraph a lifeboat is a vessel used or to be used solely for rescue or assistance at sea.
6
1
A contract falls within this paragraph if it relates only to a lifeboat and lifeboat equipment and is such that, if it related only to a lifeboat, it would fall within paragraph 5 above.
2
In deciding whether a contract relates to lifeboat equipment the nature of the risks concerned is immaterial, and they may (for example) be risks of dying or sustaining injury or of loss or damage.
3
For the purposes of this paragraph —
a
“lifeboat” has the meaning given by paragraph 5(3) above; and
b
“lifeboat equipment” means anything used or to be used solely in connection with a lifeboat.
Contracts relating to commercial aircraft
7
1
A contract falls within this paragraph if it relates only to a commercial aircraft and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 1, 5 and 11 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (aircraft, accident, third-party etc.).
3
For the purposes of this paragraph a commercial aircraft is an aircraft which is —
a
of a weight of 8,000 kilogrammes or more; and
b
not designed or adapted for use for recreation or pleasure.
Contracts relating to risks outside the United Kingdom
8
1
A contract falls within this paragraph if it relates only to a risk which is situated outside the United Kingdom.
2
Section 96A(3) of the Insurance Companies Act 1982 shall apply to determine whether a risk is situated in the United Kingdom for the purposes of this paragraph as it applies to determine that question for the purposes of that Act, but as if for paragraph (a) of that section there were substituted the following —
a
where the insurance relates to a building, its contents or both (whether or not the contents are covered by the same policy), to the member State in which the building is situated;
.
Contracts relating to foreign or international railway rolling stock
9
1
A contract falls within this paragraph if it relates only to foreign or international railway rolling stock and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 4 and 13 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (railway rolling stock, third party etc.).
3
For the purposes of this paragraph foreign or international railway rolling stock is railway rolling stock used principally for journeys taking place wholly or partly outside the United Kingdom.
Contracts relating to the Channel tunnel
10
1
A contract falls within this paragraph if it relates only to the Channel tunnel system and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 8, 9 and 13 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (fire, damage to property, third party etc.).
3
For the purposes of this paragraph “the Channel tunnel system” means —
a
the tunnels described in section 1(7)(a) of the Channel Tunnel Act 1987;
b
the control towers situated in the terminal areas described in section 1(7)(b) of that Act; and
c
the shuttle crossovers, wherever situated.
11
1
A contract falls within this paragraph if it relates only to relevant Channel tunnel equipment and is a contract whose effecting and carrying out constitutes business of one or more of the relevant classes and constitutes only such business.
2
For the purposes of this paragraph the relevant classes are classes 8, 9 and 13 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (fire, damage to property, third party etc.).
3
For the purposes of this paragraph “the Channel tunnel system” has the meaning given by paragraph 10(3) above.
4
For the purposes of this paragraph “relevant Channel tunnel equipment” means, subject to sub-paragraph (5) below, the fixed or movable equipment needed for the operation of the Channel tunnel system or for the operation of trains through any tunnel forming part of it and in particular includes —
a
any ventilation, cooling or electrical plant used or to be used in connection with any such operation; and
b
any safety, signalling and control equipment which is or is to be so used.
5
Equipment which consists of or forms part of —
a
roads, bridges, platforms, ticket offices and other facilities for the use of passengers or motor vehicles;
b
administrative buildings and maintenance facilities; and
c
railway track or signalling equipment which is not situated in any part of the Channel tunnel system,
is not relevant Channel tunnel equipment for the purposes of this paragraph.
Contracts relating to goods in foreign or international transit
12
1
A contract falls within this paragraph if it relates only to loss of or damage to goods in foreign or international transit and the insured enters into the contract in the course of a business carried on by him.
2
For the purposes of this paragraph goods in foreign or international transit are goods in transit, and any container in which they are carried, where their carriage —
a
begins and ends outside the United Kingdom;
b
begins outside but ends in the United Kingdom; or
c
ends outside but begins in the United Kingdom.
3
For the purposes of sub-paragraph (2) above “container” has the same meaning as in regulation 38(3) of the Value Added Tax (General) Regulations 1985 .
Contracts relating to credit
13
1
A contract falls within this paragraph if it relates only to credit granted in relation to goods or services supplied under a relevant contract by a person carrying on business in the United Kingdom.
2
For the purposes of this paragraph a relevant contract is —
a
a contract to make a relevant supply of goods, or a supply of services, or both, to an overseas customer;
b
a contract to supply goods to a person who is to —
i
export those goods; or
ii
incorporate those goods in other goods which he is to export,
where the condition mentioned in sub-paragraph (3) below is satisfied;
c
a contract to supply to a person who is to export goods services consisting of the valuation or testing of, or other work carried out on, those goods where the condition mentioned in sub-paragraph (3) below is satisfied;
d
a contract to supply services to a person in order that he may comply with a legally binding obligation to make a supply of services to an overseas customer.
3
The condition referred to in sub-paragraph (2)(b) and (c) above is that the goods to be exported are to be exported in order that the person exporting them may comply with a legally binding obligation to make a relevant supply of goods to an overseas customer.
4
For the purposes of this paragraph —
a
“export” means export from the United Kingdom and cognate expressions shall be construed accordingly; and
b
any reference to a person who is to export goods shall be taken as including a reference to a person at whose direction the insured is to export them and the reference in sub-paragraph (3) above to the person exporting goods shall be construed accordingly.
5
Where a contract relates to —
a
credit of the description in sub-paragraph (1) above; and
b
loss resulting from the insured or any third party being required to pay the amount of any bond or guarantee against non-performance by the insured of the contract which involves him making the supply,
the contract shall be treated for the purposes of sub-paragraph (1) above as if it did not relate to loss of the description in paragraph (b) above.
Contracts relating to exchange losses
14
1
A contract falls within this paragraph if —
a
it relates only to loss resulting from a change in the rate at which the price for a supply which is or may be made by the insured may be exchanged for another currency; and
b
the conditions mentioned in sub-paragraph (2) below are satisfied.
2
The conditions referred to in sub-paragraph (1) above are that —
a
the insured is a person carrying on business in the United Kingdom;
b
the contract of insurance concerns a contract to make a relevant supply of goods, or a supply of services, or both, to an overseas customer (whether or not the contract to make the supply is one into which the insured has entered, or one for which he has tendered or intends to tender); and
c
the period of cover for the risk expires no later than the date by which the whole of the price for the supply is to be paid or, where the contract has not been entered into, would be required to be paid.
3
Where the contract relates to —
a
loss of the description in sub-paragraph (1)(a) above; and
b
loss relating from a change in the rate at which the price of goods which the insured imports into the United Kingdom for the purpose of enabling him to make the supply concerned may be exchanged for another currency,
the contract shall be treated for the purposes of sub-paragraphs (1) and (2) above as if it did not relate to loss of the description in paragraph (b) above.
Contracts relating to the provision of financial facilities
15
1
A contract falls within this paragraph if it relates only to the provision of a relevant financial facility and the conditions mentioned in sub-paragraph (2) below are satisfied.
2
The conditions referred to in sub-paragraph (1) above are that —
a
the person to whom the relevant financial facility is provided is an overseas customer;
b
it is provided in order that he may comply with a legally binding obligation to receive a relevant supply of goods, or a supply of services, or both, from a person carrying on business in the United Kingdom; and
c
the contract of insurance is a contract whose effecting and carrying out constitutes business of one or both of classes 14 and 15 of the classes specified in Part I of Schedule 2 to the Insurance Companies Act 1982 (credit, suretyship etc.).
3
For the purposes of this paragraph a relevant financial facility is —
a
the making of an advance;
b
the issue of a letter of credit or acceptance of a bill of exchange;
c
the giving of a guarantee or bond; or
d
any other similar transaction entered into in order to provide a customer with the means to pay, or a supplier with the right to call upon a third party for, the consideration for goods or services.
PART II
INTERPRETATION
16
1
This Part of this Schedule applies for the purposes of Part I of this Schedule.
2
A relevant supply of goods is any supply of goods where the supply is to be made outside the United Kingdom or where the goods are to be exported from the United Kingdom.
3
An overseas customer, in relation to a supply of goods or services, is a person who —
a
does not have any business establishment in the United Kingdom but has such an establishment elsewhere;
b
has such establishments both in the United Kingdom and elsewhere, provided that the establishment at which, or for the purposes of which, the goods or services which are to be supplied to him are most directly to be used is not in the United Kingdom; or
c
has no such establishment in any place and does not have his usual place of residence in the United Kingdom.
.
6
In section 73 of the Act subsections (2) and (4) to (8) shall be deleted.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th March 1994.
2
In this Order: “the Authority” means Central Manchester Health Authority;
“the Trust” means the Central Manchester 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 11th March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health 14th February 1994
Tom Sackville
Parliamentary Under Secretary of State
Department of Health


text:
Citation and Commencement
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) Regulations 1994 and shall come into force on 1st October 1994.
Interpretation
2
In these Regulations “authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases and other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for services provided by the Government of Canada
4
1
The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows:
a
in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Flight Information Region other than a flight described in sub-paragraph (d) of this paragraph, a charge of $129.44 Canadian; and
b
in respect of each flight between any two points one of which is in Europe (including Iceland) or Greenland in the course of which the aircraft makes use of such services, being services provided by the Edmonton Area Control Centre other than a flight described in sub-paragraph (d) of this paragraph, a charge of $92.02 Canadian; and
c
in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain air navigation services by way of telecommunication services provided by or on behalf of the Government of Canada other than a flight described in sub-paragraph (d) of this paragraph, a charge of $53.68 Canadian; and
d
in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a), (b) and (c) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used.
2
The charges specified in sub-paragraphs (a), (b) and (c) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
Dispensations
5
The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
Detention and sale of aircraft for unpaid charges
6
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations take such steps as are necessary to detain, pending payment, either:
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may sell the aircraft in order to satisfy the charges.
7
The CAA or authorised person concerned shall not detain, or continue to detain an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein:
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
8
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
9
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 of these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
10
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say:
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
11
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 to 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
12
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
13
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies.
14
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Disposal by the CAA of charges received under these Regulations
15
The CAA shall remit to the Government of Canada such sums as it may receive under these Regulations.
Brian S. Mawhinney
Secretary of State,
Department of Transport
31st August 1994
We consent to the making of these Regulations.
Andrew Mitchell
Tim Wood
Two of the Lord’s Commissioners of Her Majesty’s Treasury
6th September 1994


text:
1
1
These Regulations may be cited as the European Parliamentary Elections (Amendment) Regulations 1994.
2
These Regulations shall come into force on the day after the day on which they are made.
3
These Regulations do not extend to Northern Ireland.
2
In regulation 5(1) of the European Parliamentary Elections Regulations 1986 (application of provisions of the Representation of the People Acts for the purposes of European Parliamentary elections) , after sub–paragraph (ii) there shall be inserted:
iia
rule 22(1)(i) of the rules in Schedule 1 to the Act of 1983 is to that provision as amended by paragraph 83 of Schedule 19 to the Education Act 1993 ;
.
3
In the right–hand column of Schedule 1 (application with modifications of provisions of the Representation of the People Acts) to the European Parliamentary Elections Regulations 1986, in subsection (2) of section 76 (limitation of election expenses) of the Representation of the People Act 1983 , as substituted, for the words “£10,000” and “4.3p” , there shall be substituted the words “£13,175” and “5.7p”, respectively.
4
In the European Parliamentary Elections (Amendment) Regulations 1989 , regulation 2(a) shall be omitted.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
13th March 1994


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


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 and shall come into force on 9th January 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“ the Act ”means the Local Government Act 1988;
“the cost” means the estimated total annual cost including overheads;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to 55% of T or £300,000, whichever is greater;
B
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C
an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act;
E
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any other defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act; and
F
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act;
“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(j) of the Act (legal services) other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;
“voluntary competitive tendering” means the awarding of work before 1st April 1994 following a competitive process in the course of which at least three persons who are not defined authorities were invited to tender for that work.
Application of section 6
3
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out —
a
on or after 1st April 1997 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 (“a structural change”) where that structural change takes effect from 1st April 1995; or
b
on or after 1st April 1998 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st April 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st April 1996 by any other defined authority except —
i
those mentioned in section 1(1)(b), 1(1)(c) and 1(1)(d) of the Act;
ii
county councils or non-metropolitan district councils which are not subject to a structural change; and
iii
a police authority.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
12th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Forest Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Redbridge and Waltham Forest Health Authority;
“the Trust” means the Forest Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Waltham Forest Health Authority and the Trust on 29th March 1993, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 9th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health,
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th January 1994


text:
1
This Order may be cited as the B4260 Trunk Road (De-trunking at Ross-on-Wye) Order 1994 and shall come into force on 1st April 1994.
2
In this Order:
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the trunk road”means the Hungerford-Hereford Trunk Road (B4260);
iii
“Ross-on-Wye Relief Road” means the trunk road provided by the Secretary of State in pursuance of the Hungerford-Hereford Trunk Road A40 (Ross-on-Wye Relief Road) Order 1983 .
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be a classified road as from the date when this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
Director West Midlands Region Network Management Division
Department of Transport
21st March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions in Welsh at Key Stage 4) Regulations 1994 and shall come into force on 1st August 1994.
2
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
a reference to the provisions of the National Curriculum in Welsh and Welsh Second Language is to such attainment targets, programmes of study and assessment arrangements as are specified for the time being for the foundation (or core) subject Welsh in relation to the fourth key stage by orders made under section 4(2) of the Act ;
a reference to a Welsh-speaking school is to such a school as defined by section 3(7) of the Act; and
a reference to the fourth key stage is to the period set out in paragraph (d) of section 3(3) of the Act.
Exceptions to the provisions of the National Curriculum
2
1
In respect of the period beginning with the date of the coming into force of this Order and ending on the relevant date, the provisions of the National Curriculum in Welsh (including Welsh Second Language) shall not apply in the case of a pupil in the fourth key stage at a school which is not a Welsh-speaking school.
2
In paragraph (1) above, “the relevant date” means, in the case of pupils entering the first year of the fourth key stage, 31st July 1999, and in the case of pupils entering the second year of that key stage, 31st July 2000.
Transitional provision
3
These Regulations do not apply in relation to pupils who commenced the first year of the fourth key stage in 1993.
John Redwood
Secretary of State for Wales
30th April 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April 1994.
Revocation and interpretation
2
1
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation (Amendment) Order 1994 is hereby revoked and the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992 , shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.
2
In this Order “the principal Order ” means the said Order of 1992 as it had effect immediately before the said Order of 1994 came into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
In paragraph (1) of article 6 of the principal Order for “£120” there shall be substituted “£125”.
2
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
3
In paragraph (2) of article 6 of the principal Order for the table there shall be substituted the following table:
£ per hectare of land per annum
Schedule 2 200 Schedule 3 80 Schedule 4 400
4
For paragraph (3) of article 6 of the principal Order, there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Correction
7
Article 9 of the principal Order shall be re-numbered as article 7.
Schedules
8
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 14 of Schedule 5 to the principal Order there shall be inserted the following paragraph:
15
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
Saving
9
Paragraphs (1) and (3) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scunthorpe and Goole Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Grimsby and Scunthorpe Health Authority;
“the Trust” means the Scunthorpe and Goole Hospitals 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 21st January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th May 1994


text:
Citation and commencement
1
1
This Order may be cited as the Strathclyde Regional Council (Loch Assapol) Water Order 1994 and shall, subject to paragraph (2), come into force on 1st January 1995.
2
Article 4 shall come into force on the expiry of the period of 90 days beginning with the day on which water is first taken by the Council in terms of articles 5 and 6(2) of this Order.
Interpretation
2
In this Order–
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Strathclyde Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The Strathclyde Regional Council (Loch Assapol) Water Order 1994 Plan of Catchment Area, Location Plan and Plans and Sections of Works Nos. 1, 2, 3, 4 & 5”, one copy of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Glasgow;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water or measuring the level of the loch;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order, which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of the provisions of Schedule 4 to the Act
3
The provisions of sections 2, 10(3) and 10(5) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in the provisions of those sections, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Revocation of Orders of 1959, 1962 and 1981
4
The Argyll County Council (Loch Poit Na H-I) Water Order 1959 , the Argyll County Council (Allt an Fhir-eoin, Bunessan) Water Order 1962 and the Strathclyde Regional Council (Loch Poit Na H-I) (Amendment) Water Order 1981 are hereby revoked.
Water rights
5
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking–
a
by means of an intake pipe (Work No.2), take water from the loch known as Loch Assapol in the Argyll and Bute District of the Strathclyde Region; and
b
by means of a weir and embankment (Work No.4) raise the level of the said Loch Assapol by 500 millimetres or thereby.
6
1
During the construction of the works the Council may take from the said Loch Assapol such water as they may require for such construction.
2
After completion of the works the Council–
a
shall not in any one day take from Loch Assapol a quantity of water greater than 785 cubic metres as measured through or over an approved gauge (Work No.2); and
b
shall discharge into the Bunessan River from Loch Assapol in a uniform and continuous flow compensation water at a rate of not less than 2600 cubic metres per day as measured through or over an approved gauge (Work No.5).
7
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order, except for article 4, comes into force the said power shall cease.
Miscellaneous
8
The Council shall at all times after the expiration of six months from the date on which this Order, except for article 4, comes into force keep at the office of the Chief Executive to the Council a copy thereof and a copy of the deposited plan.
T D Macdonald
Deputy Chief Engineer, Scottish Office
The Scottish Office Environment Department 27 Perth Street,
Edinburgh
22nd December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Accountants (Banking Act 1987) Regulations 1994 and shaLL come into force on 1st May 1994.
Interpretation
2
In these Regulations —
“ the Act ” means the Banking Act 1987;
“auditor” means an auditor of an authorised institution who is an accountant;
“authorised institution” includes a former authorised institution;
“the Bank” means the Bank of England;
“matters” means any matter to which section 47 of the Act applies;
“the ReguLations” means the Banking Coordination (Second Council Directive) Regulations 1992 ; and
“reporting accountant” means a person appointed to make a report under section 8(5) or 39(1)(b) of the Act who is an accountant.
Matters to be communicated to the Bank
3
1
Matters are to be communicated to the Bank by an auditor or reporting accountant in the circumstances specified in paragraph (2) below.
2
The circumstances referred to in paragraph (1) above are circumstances in which the matters are such as to give an auditor or reporting accountant reasonable cause to believe —
a
that any of the criteria specified in Schedule 3 to the Act is not or has not been fulfilled, or may not be or may not have been fulfilled, in respect of the authorised institution of which he is an auditor or the institution or authorised institution in relation to which his reporting accountant’s report is made, as the case may be; and
b
that the matters are likely to be of material significance for the exercise, in relation to such an institution or authorised institution, of the Bank’s functions under the Act or under the Regulations.
Tim Wood
Nicholas Baker
Two of the Lord’s Commissioners of Her Majesty’s Treasury
3rd March 1994