text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1995 and shall come into force on 24th March 1995.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).
Revocations
2
The Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 , the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1985 and the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993 are hereby revoked.
Plant varieties for which plant breeders' rights may be granted
3
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of herbaceous perennials which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in column 1 of the Schedule to this Scheme.
Periods for which rights are exercisable
4
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall be the period of years specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.
Classes of plant varieties for the purposes of section 5(7) of the Act
5
In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of the genera or species specified in column 3 of the said Schedule opposite the genus or species to which that plant variety belongs.
Periods prescribed for the purposes of section 7(2) of the Act
6
In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the period, if any, prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be the period of years specified in column 4 of the said Schedule opposite the genus or species to which that plant variety belongs.
Additional rights
7
Plant breeders' rights exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall, where the word “included” appears in column 5 of the said Schedule opposite the genus or species to which that plant variety belongs, include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th February 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
28th February 1995
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
14th February 1995


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
1
for paragraph (2), there shall be substituted the following paragraph:
2
Where an agreement includes the additional provisions specified in Schedule 3 in relation to any land, the Minister shall make payments at the rate of £260 per annum for each hectare of that land.
;
2
after paragraph (2), there shall be inserted the following paragraph:
2A
Where an agreement includes the additional provisions specified in Schedule 2 in relation to any land, the Minister shall make additional payments at the rate of £50 per annum for each hectare of that land
;
3
for paragraph (3), 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.
.
Amendment to Schedules
5
In Schedule 2 to the principal Order, for paragraph (1) there shall be substituted the following paragraph:
1
the farmer shall ensure that a depth of at least 30 centimetres of water is provided in the bottoms of ditches and dykes from 1st May until 30th November in any year;
.
Saving
6
Article 4(1) and (2) 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 1995.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1995
We consent.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
1
The Borough of Trafford (Eastern Spine Canal Bridge) Scheme 1993 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto, and copies of the scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of Trafford Metropolitan Borough Council, Town Hall, Talbot Road, Stretford, Greater Manchester M32 0YT.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This instrument may be cited as the Borough of Trafford (Eastern Spine Canal Bridge) Scheme 1993 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Northern Region
Department of Transport
9th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th October 1995.
2
In this Order —
“the Authority” means the North Birmingham Health Authority;
“the Trust” means the City Hospital 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 5th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th September 1995


text:
1
This Order may be cited as the A41 Trunk Road (Baker Street) Red Route (Prohibited Turn) (No. 1) Experimental Traffic Order 1995, and shall come into force on 18th December 1995.
2
Subject to the provisions of article 3 below, no person shall cause or permit any vehicle proceeding south-eastward in Baker Street, in the City of Westminster, to make a left turn into Marylebone Road.
3
Nothing in article 2 above shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
4
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
1st December 1995


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
Amendment
2
1
The Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
the definition of “livestock unit” shall be replaced by the following —
“livestock unit” means 1 soliped, 1 adult bovine animal within the meaning of Council Regulation ( EEC ) No. 805/68 , 2 other bovine animals, 3 deer, 5 swine of over 100kg liveweight, 7 other swine, 10 sheep or goats, or 20 lambs, kids or piglets of under 15kg liveweight;
;
b
in the definition of “low throughput” —
i
in paragraph (a) —
aa
before “farmed wild boar” there shall be inserted “7,000”; and
bb
“60 each week” shall be replaced by “60 or 140 each week respectively”; and
ii
at the beginning of paragraph (b), there shall be inserted “subject to regulation 4(11),”;
c
after the definition of “relevant EEA State” there shall be inserted the following —
“re-packaging centre” means premises where wrapped meat intended for placing on the market is re-packaged;
;
d
in the definitions of “licensed”, and “premises”, after “cutting premises,” there shall, in each case, be inserted “re-packaging centre,”; and
e
in the definition of “occupier”, after “cutting premises” there shall be inserted “, a re-packaging centre”.
3
In regulation 3(1)(a)(ii), “stored” shall be replaced by “re-packaged exclusively”.
4
Regulation 3(1)(b) shall be replaced by —
b
to a cold store which handles only fresh meat which is —
i
packaged; or
ii
destined for sale to the final consumer;
.
5
In regulation 4(1) —
a
after “cutting premises,” there shall be inserted “a re-packaging centre,”; and
b
at the end there shall be added “, except that a person lawfully using any premises as a re-packaging centre prior to 1st January 1996 may continue to use them in that way pending a decision by the Minister on an application for a licence and, where a licence is refused, until the time limit for appealing against such refusal has expired, and, if an appeal is lodged, until the appeal is finally disposed of or abandoned”.
6
In regulation 4(2)(a)(i) and (v), “it was in operation on or before 31st December 1991 and” shall be deleted.
7
At the end of regulation 4(2)(a), there shall be added —
vi
as a re-packaging centre if he is satisfied that the premises comply with Schedule 1 and that the method of operation in those premises complies with Schedules 7, 13 and 14;
.
8
Regulation 4(6) shall be replaced by —
6
Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises, or the equipment or method of operation in those premises, shall comply with the requirements of these Regulations.
6A
In granting a licence in respect of any mobile slaughterhouse the Minister may make it subject to the condition that the mobile slaughterhouse shall be used only in conjunction with the static unit or units specified in the licence.
.
9
In regulation 4(10), “or until any such earlier date as the Minister may specify” shall be replaced by “or, where the occupier of the premises has begun to bring the premises into compliance with those requirements and has demonstrated to the satisfaction of the Minister that, for reasons not attributable to him, those requirements cannot be met by that date, such later date as the Minister may specify”.
10
Regulation 4(11) shall be replaced by —
11
In low throughput slaughterhouses —
a
while not exceeding the yearly limit of 1,000 livestock units, the weekly rate of 20 units per week may be exceeded to enable the slaughter of lambs and kids for religious festivals, provided that the OVS is present at the time of slaughter, the appropriate hygiene requirements are met and the meat is not frozen before being sold; and
b
where different operators slaughter on their own account at separate times during the week, or where an operator slaughters on behalf of any butcher operating on his own account, the yearly limit and weekly rate applicable to premises may be increased to 1,500 and 30 respectively, provided that the following conditions are satisfied —
i
the Minister is satisfied that the hygienic operation of the premises is not compromised thereby;
ii
all operators of the premises have received training in production hygiene which the Minister deems, and has confirmed in writing as, satisfactory;
iii
the animals to be slaughtered are the property of the operator carrying out the slaughter or of the butcher referred to above;
iv
the meat is obtained in premises which meet the requirements of Schedule 5; and
v
the meat obtained is supplied only to establishments belonging to the butcher referred to above or sold at the premises otherwise than for the purpose of resale.
.
11
At the end of regulation 4 there shall be added —
13
Where any premises licensed as a low throughput slaughterhouse or low throughput cutting premises are undergoing alterations on the basis of a restructuring plan approved by the Minister with the aim of obtaining a licence as a slaughterhouse or cutting premises, the Minister may determine the maximum throughput of those premises according to the progress of the alteration works.
.
12
Regulation 6(4) shall be replaced by —
4
Without prejudice to sections 9 to 13 of the Act, where the Minister has revoked the licence of any premises under regulation 5, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
.
13
At the end of regulation 14(1)(a) there shall be added —
vi
in the case of frozen meat, the month and year of freezing, clearly indicated; and
vii
in the case of meat destined for Finland or Sweden, an indication that —
aa
the meat is intended for processing;
bb
the meat comes from an establishment which is subject to a recognised programme as referred to in paragraph 15 of Schedule 10; or
cc
the test referred to in paragraph 15 of Schedule 10 has been carried out;
.
14
After regulation 14(1)(b) there shall be added —
;and
c
in the case of meat intended for consignment to a member State which is then intended for export to a third country after processing, when requested by the competent authority in that member State, by an appropriate form of health attestation, the costs of which are to be borne by the operator of the consigning premises
.
15
In regulation 14(3), “for a period of at least one year from the date of receipt” shall be replaced by “so that it can be produced at the request of the enforcement authority”.
16
In regulation 21(4), “(1) or” shall be deleted.
17
In Schedule 1 —
a
in the first line of paragraph 1, after “cutting premises” there shall be inserted “, re-packaging centres”; and
b
in the first line of paragraph 2, after “cutting premises” there shall be inserted “, re-packaging centre”.
18
In Schedule 5 —
a
in paragraph 2 of Part I, “one hour” shall be replaced by “two hours” and
b
in paragraph 1 of Part II —
i
at the end of sub-paragraph (e) there shall be added —
;or
iii
stomachs and intestines are opened and cleaned in the slaughterhall at times when no slaughtering is taking place;
; and
ii
in sub-paragraph (g) —
aa
the words from “suitable” in the first line to “facilities” in the second line shall be replaced by “a room of sufficient capacity in relation to the size and type of animals slaughtered with a separate area for the storage of detained carcases, except in cases where such carcases are dispatched immediately under the responsibility of the OVS to a specialist establishment for additional examinations; such room”; and
bb
the words from “except” to the end shall be deleted.
19
At the end of paragraph 2(b) of Part II of Schedule 7, after “human consumption”, there shall be inserted “, and except that mechanical insufflation may be used for the flaying of lambs and kids of a live weight of less than 15kg, in accordance with hygiene requirements”.
20
In paragraph 1(1) of Schedule 9 —
a
at the end of sub-paragraph (h)(i), there shall be added “the spinal cord shall be removed from bovine animals over six months old;”; and
b
in sub-paragraph (q)(ii), “one hour” shall be replaced by “two hours”.
21
In paragraph 1(1) of Part IX of Schedule 10, after “generalised” in the entry for Sarcocysts, “, macroscopically visible” shall be inserted.
22
At the end of Part IX of Schedule 10 there shall be added —
15
Save where the establishment from which it originates is subject to a programme recognised in accordance with the procedure laid down in Article 16 of Council Directive 64/433/EEC , beef, veal or pigmeat intended for Finland or Sweden shall be subjected to microbiological testing in accordance with one of the two isolation techniques used in the standard method of the International Organisation for Standardisation, ISO 6579:1993, referred to in Section C of the Annex to Council Decision 95/409/ EC .
.
23
At the end of paragraph 2(k) of Schedule 11, there shall be added —
and if the meat is intended for export, or for consignment to an EEA State and it is derived from bovine animals aged over two and a half years at slaughter which have resided on a holding where Bovine Spongiform Encephalopathy has been confirmed within the six years prior to slaughter, the following lymph nodes are removed, collected as above and not used for human consumption: popliteal, ischiatic, superficial inguinal, deep inguinal, medial and lateral iliac, renal, prefemoral, lumbar, costocervical, sternal, prescapular, axillary and caudal deep cervical
.
24
In Schedule 12 —
a
in paragraph 1, “paragraph 2” shall be replaced by “paragraphs 2 and 7”;
b
in paragraph 2, at the beginning there shall be inserted “Subject to paragraph 7 below,”;
c
in paragraph 3 after sub-paragraph (1) there shall be inserted the following new sub-paragraph (1A) —
1A
Lamb, kid and piglet carcases shall have the health mark applied in at least two places, one on each side of the carcase, on the shoulder or on the external surface of the thigh, and such health mark may be in the form of a label or tag, to be used only once.
;
d
in paragraph 4 —
i
after “solipeds” there shall be inserted “other than wrapped or packaged livers which are not intended for another Member State or an EEA State”; and
ii
“unless they are packaged” shall be deleted;
e
paragraph 5 shall be replaced by the following —
5
Cuts of fresh meat shall have the health mark applied in ink or hot branded unless —
a
they are wrapped or packaged in accordance with the requirements of Schedule 13; or
b
they are not wrapped or packaged but come from low throughput premises.
; and
f
at the end there shall be added —
7
In the case of the health marking of fresh meat from lambs, kids or piglets, the dimensions and characters of the health mark may be reduced.
.
25
In Schedule 13 —
a
in paragraph 1(f) of Part I, “a reproduction of the health mark” shall be replaced by “the health mark, which may be of reduced dimensions,”;
b
at the end of paragraph 1 of Part I, there shall be added —
; and (g) only livers, kidneys or hearts of the same species are packaged together
; and
c
in paragraph 1 of Part II —
i
at the end of sub-paragraph (a), there shall be added “, save that wood may be used only in the case of lamb and kid carcases where all reasonable precautions are taken to prevent contact between the meat and the wood packaging in the event of a tear in the wrapping”;
ii
sub-paragraph (d) shall be replaced by —
d
where meat is re-packaged in a plant other than that in which it was first wrapped, the wrapping shall bear the health mark of the cutting plant where it was first wrapped and the packaging shall bear the health mark of the re-packaging centre;
;
iii
at the end of sub paragraph (e), there shall be added “, non-destruction of the mark being permissible only where the packaging itself is destroyed on opening”; and
iv
sub-paragraph (f) shall be deleted.
26
In the first lines of paragraphs 1 and 2 of Schedule 14, after “cold store” there shall be inserted “or re-packaging centre”.
27
In paragraph IV of the model health certificate in the Annex to Schedule 16, a third indent shall be added as follows —
, or — is intended for consignment to Finland or Sweden and —
the test referred to in paragraph 15 of Schedule 10 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 has been carried out;
the meat is intended for processing; or
the meat comes from an establishment which is subject to a programme as referred to in paragraph 15 of Schedule 10 to those Regulations( 4 )
.
28
Schedule 19 shall be replaced by the schedule set out in the Schedule to these Regulations.
29
In paragraph 2(2) of Schedule 21 —
a
after “shall not” there shall be inserted “, at the time of nomination or of the hearing,”; and
b
at the end there shall be added “appointed in accordance with regulation 8”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th December 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
3rd December 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
8th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th December 1995


text:
Citation and commencement
1
This Order may be cited as the Dundee Port Authority Transfer Scheme 1995 Confirmation Order 1995 and shall come into force on 24th November 1995.
Confirmation of Scheme
2
1
The Dundee Port Authority Transfer Scheme 1995 is hereby confirmed with modifications.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
22nd November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Acquisition of Land (Rate of Interest after Entry) Regulations 1995 and shall come into force on 31st December 1995.
Rate of interest
2
1
The rate of interest on any compensation in respect of the compulsory acquisition of an interest in any land on which entry has been made before the payment of the compensation shall be 0.5 per cent. per annum below the standard rate described in paragraph (2).
2
For the purposes of paragraph (1), the standard rate is:
a
the base rate quoted by the reference banks and effective on the reference day most recently preceding the day on which the entry onto the land has been made or, where that day is a reference day, such reference day; and
b
the base rate quoted by the reference banks and effective on each subsequent reference day preceding payment of compensation.
3
If different base rates are quoted by different banks and effective on a reference day, the rate which, when the base rate quoted by each reference bank is ranked in a descending sequence of seven, is fourth in the sequence is to be used to obtain the standard rate.
4
If more than one base rate is quoted by a reference bank and effective on a reference day, the last quoted rate shall be treated as the base rate quoted by that reference bank and effective on that day.
5
For the purposes of paragraphs (2), (3) and (4):
a
the reference banks, in relation to any reference day, are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 and
ii
incorporated in and carrying on a deposit-taking business in the United Kingdom,
which quote a base rate in sterling effective as mentioned in paragraphs (2), (3) and (4); and
b
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the relevant reference day.
6
In paragraph (5)(b), the reference to the consolidated gross assets of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) .
7
For the purposes of paragraph (2), the reference days are 31 March, 30 June, 30 September and 31 December (or, if any such day is not a business day, the next business day).
Revocation
3
The Acquisition of Land (Rate of Interest after Entry) Regulations 1994 are hereby revoked.
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 1995


text:
Citation and commencement
1
1
This Order may be cited as the North Eastern Combined Fire Services Area Administration Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The North Eastern Combined Fire Services Area Administration Scheme 1995
2
The North Eastern Combined Fire Services Area Administration Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) Amendment Regulations 1995 and shall come into force on 15th February 1995.
2
In these Regulations —
“new police authority” means a police authority established under section 3 of the Police Act 1964 ; and
“the principal Regulations ” means the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 .
Transitional modifications of the principal Regulations
2
1
The principal Regulations shall have effect, where the relevant year is the financial year beginning in 1995, as modified by the following paragraph.
2
Part I of Schedule 3 shall have effect as if —
a
paragraph 1 did not require an estimate to be given of the gross expenditure for the preceding year of a relevant precepting authority which is a new police authority,
b
paragraph 5 did not require a statement to be given of the budget requirement or the precept for the preceding year of a relevant major precepting authority which is a new police authority,
c
at the end of paragraph 6 there were added the following —
f
in the case of a relevant major precepting authority which formerly had the functions of a police authority under the Police Act 1964 and which ceases to have them from 31st March 1995, the fact that that authority has ceased to have those functions.
,
d
paragraphs 6 and 8 did not apply in respect of that year in relation to a relevant major precepting authority which is a new police authority, and
e
paragraph 10 did not require an estimate of the average number of staff employed by it in the preceding year and did not require the explanation referred to in the paragraph.
Amendments of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following paragraphs.
2
In paragraph 5(b) of Part I of Schedule 2, for the words from “paragraph 9” to the words “Regulations 1990”, there shall be substituted —
“regulation 10 or 12 of, or Schedule 2 to, the Non-Domestic Rating (Chargeable Amounts) Regulations 1994 ”.
3
In the Explanatory Notes in paragraph 6 of Part I of Schedule 2 and paragraph 3 of Part II of Schedule 2, respectively, for the first sentence of the first paragraph headed “Rateable Value” there shall be substituted in each case the following: —
The rateable value of non-domestic property is fixed in most cases by an independent valuation officer of the Valuation Office Agency. All non-domestic property is revalued every five years. From 1st April 1995, the rateable value of a property represents its annual open market rental value as at 1st April 1993.
.
4
In the Explanatory Notes in paragraph 6 of Part I of Schedule 2 and paragraph 3 of Part II of Schedule 2, respectively, for the paragraph which follows the heading “Transitional Arrangements” there shall be substituted in each case the following: —
Transitional arrangements will phase in the effect of significant changes in liability which arise from the 1995 revaluation of non-domestic property. Where appropriate, these arrangements will operate until March 2000 (when all non-domestic property will be revalued again). There are limits on the percentage by which bills may increase or decrease each year. Special rules deal with changes in rateable values and the merger or splitting of existing properties. Further information about transitional arrangements may be obtained from name of billing authority.
.
5
In the Explanatory Notes in paragraph 6 of Part I of Schedule 2, in the paragraph which follows the heading “National Non-Domestic Rating Multiplier, ” for the words “and cannot” there shall be substituted the words “and except in a revaluation year cannot”.
6
After paragraph 4(b)(iii) of Part I of Schedule 3, insert the following —
and
iv
police grant under section 31 of the Police Act 1964 .
.
Signed by the authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
19th January 1995


text:
Citation, commencement and effect
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995, shall come into force on 28th July 1995, and shall have effect with respect to accounting periods beginning on or after 1st January 1995.
Interpretation
2
In these Regulations unless the context otherwise requires —
“accounting period” means an accounting period of a cedant company during which a reinsurance arrangement is in force;
“basic life assurance and general annuity business” has the meaning given by section 431F of the Taxes Act ;
“the Board” means the Commissioners of Inland Revenue;
“deposit-back arrangement” means an arrangement whereby an amount is deposited with the cedant company by the reinsurer;
“ 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, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
“inspector” includes any officer of the Board;
“internal linked fund” means an account to which an insurance company appropriates certain linked assets and which may be subdivided into units the value of which is determined by the company by reference to the value of those assets;
“investment return” means the investment return to be treated as accruing to a cedant company in respect of a policy pursuant to subsection (1) of section 442A in an accounting period;
“linked assets” has the meaning given by section 432ZA(1) of the Taxes Act , and “non-linked assets” means assets other than linked assets;
“linked business” means business which comprises the effecting and carrying out by an insurance company of policies where benefits provided for under each policy are to be determined by reference to the value of linked assets;
“morbidity risk” in relation to a policy means the risk that the person whose life is insured by the policy will suffer any sickness, accident or infirmity;
“mortality risk” in relation to a policy means the risk that the person whose life is insured by the policy will die;
“periodical return” has the meaning given by section 431(2) of the Taxes Act;
“policy” includes an annuity contract;
“reinsurance arrangement” means a reinsurance arrangement to which section 442A applies;
“relevant profits” has the meaning given by section 88(3) of the Finance Act 1989 ;
“section 431C”, “section 439A” and “section 442A” mean respectively section 431C, section 439A and section 442A of the Taxes Act;
“90% subsidiary” means a body corporate 90 per cent. or more of whose ordinary share capital is owned directly or indirectly by another body corporate;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Calculation of investment return in sole accounting period
3
1
Where the period during which a reinsurance arrangement is in force falls wholly within a single accounting period, the amount of the investment return in that accounting period (“I”) shall be calculated in accordance with the formula —
I = ( C - P ) × R
where —
C is the aggregate of the sums paid by the reinsurer to the cedant company during that accounting period by way of commission or as a result of the surrender in whole or in part of the rights under the policy or otherwise, but excluding any sum which —
forms part of the relevant profits of the cedant company, or
is paid by way of commission that has been deducted from expenses of management pursuant to section 76(1)(ca) of the Taxes Act ;
P is the aggregate of the sums paid by the cedant company to the reinsurer during that accounting period by way of premium; and
R is the percentage rate of return prescribed by paragraph (2) below.
2
The percentage rate of return prescribed is 100 per cent.
Calculation of investment return in first accounting period
4
Where the period during which a reinsurance arrangement is in force falls within more than one accounting period, the amount of the investment return in the first accounting period (“I 1 ”) shall be calculated in accordance with the formula —
I 1 = ( P - C ) × R
where —
P is the aggregate of the sums paid by the cedant company to the reinsurer during that accounting period by way of premium or otherwise;
C is the aggregate of the sums paid by the reinsurer to the cedant company during that accounting period by way of commission or as a result of the surrender in part of the rights under the policy or otherwise; and
R is the percentage rate of return prescribed by regulation 7(2);
but where the result is less than zero, taking the amount to be zero.
Calculation of investment return in second and subsequent accounting periods other than final accounting period
5
1
Where the period during which a reinsurance arrangement is in force falls within more than one accounting period, the amount of the investment return in the second or any subsequent accounting period other than the final accounting period (“I n ”) shall be calculated in accordance with the formula —
I n = ( ( P n - C n ) + I n - 1 ) × R
where —
PÅnÉ is the aggregate of the sums paid by the cedant company to the reinsurer during that accounting period and earlier accounting periods by way of premium or otherwise;
CÅnÉ is the aggregate of the sums paid by the reinsurer to the cedant company during that accounting period and earlier accounting periods by way of commission or as a result of the surrender in part of the rights under the policy or otherwise;
IÅn − 1É is the aggregate amount of the net investment return in previous accounting periods, that is to say, net of tax at the rate prescribed by paragraph (2) below; and
R is the percentage rate of return prescribed by regulation 7(4) or (6), as the case may be;
but where the result is less than zero, taking the amount to be zero.
2
The rate prescribed by this paragraph is the rate applicable in accordance with section 88(1) of the Finance Act 1989 .
Calculation of investment return in final accounting period
6
1
Where the period during which a reinsurance arrangement is in force falls within more than one accounting period, the amount of the investment return in the final accounting period is the amount by which the profit over the whole period during which the policy and the reinsurance arrangement was in force (“the whole period”) exceeds the aggregate of the amounts of the investment returns in earlier accounting periods.
2
For the purposes of paragraph (1) above, the profit over the whole period is the amount by which the aggregate of the amounts specified in paragraph (3) below exceeds the aggregate of all amounts paid to the reinsurer by way of premiums in respect of the policy.
3
The amounts specified in this paragraph are —
a
any amount payable by the reinsurer to the cedant company as a result of the maturity of the policy concerned;
b
so much of any amount payable by the reinsurer as a result of the death, illness, or infirmity of, or accident to, any person as does not exceed the amount which would have been paid by the reinsurer if the policy had been surrendered immediately before the death, illness, infirmity or accident;
c
any amount payable by the reinsurer as a result of the surrender in whole of the rights conferred by the policy;
d
any amount payable by the reinsurer as a result of the surrender in part of the rights conferred by the policy;
e
any amount not falling within any of sub-paragraphs (a) to (d) above which is payable by the reinsurer to the cedant company in respect of the policy, other than an amount which —
i
forms part of the relevant profits of the cedant company, or
ii
is paid by way of commission that has been deducted from expenses of management pursuant to section 76(1)(ca) of the Taxes Act.
Prescribed percentage rates of return for the purposes of regulations 4 and 5
7
1
Where the period during which a reinsurance arrangement is in force falls within more than one accounting period, the percentage rate of return —
a
in relation to the first accounting period, is the rate prescribed by paragraph (2) below;
b
in relation to any subsequent accounting period other than the final accounting period or an accounting period falling within paragraph (6) below, is the rate prescribed by paragraph (4) below.
2
The rate prescribed by this paragraph is the rate (“R”) found by the formula —
R = ( D - E ) × F G
where —
D is such percentage rate as is specified in any of paragraphs (7) to (10) below and is applicable to the reinsurance arrangement concerned and, if more than such rate is so applicable, is the first applicable rate specified in the order of those paragraphs;
E is the percentage rate which results from applying the formula specified in paragraph (3) below;
F is the number of days in the first accounting period falling after the date prescribed by regulation 8(2); and
G is the number of days in that accounting period;
but where the result is less than zero, taking the rate to be zero.
3
The formula specified in this paragraph is —
A P - C
where —
A is the amount of any payment made by the reinsurer to the cedant company which forms part of the relevant profits of that company for the first accounting period, other than a payment which falls to be taken into account under these Regulations in calculating the investment return to be treated as accruing to that company in that accounting period; and
P and C have the meanings given by regulation 4.
4
The rate prescribed by this paragraph is the rate (“R”) found by the formula —
R = ( D - H )
where —
D has the meaning given by paragraph (2) above; and
H is the percentage rate which results from applying the formula specified in paragraph (5) below;
but where the result is less than zero, taking the rate to be zero.
5
The formula specified in this paragraph is —
B ( ( P n - C n ) + I n - 1 )
where —
B is the amount of any payment made by the reinsurer to the cedant company which forms part of the relevant profits of that company for the subsequent accounting period concerned, other than a payment which falls to be taken into account under these Regulations in calculating the investment return to be treated as accruing to that company in that accounting period; and
PÅnÉ, CÅnÉ and IÅn − 1É have the meanings given by regulation 5(1).
6
In any case where a subsequent accounting period other than the final accounting period is less than 12 months in duration, the percentage rate of return prescribed in relation to that accounting period is the rate (“R”) found by the formula —
R = J × K 365
where —
J is the rate prescribed by paragraph (4) above, and
K is the number of days in that accounting period.
7
In any case where —
a
assets by reference to the value of which benefits payable under the reinsurance arrangement concerned are to be determined are held by the reinsurer in an internal linked fund, or by another company in an internal linked fund, or
b
such assets are held directly by the reinsurer, that is to say, without being appropriated to an internal linked fund,
the percentage rate of return specified is the rate, expressed as a rate per annum, which is found by the formula —
X × 100 Y
where —
X is the amount of investment income arising from those assets for the accounting period concerned, increased by the amount of any increase in the value of those assets which is identified in the records of the reinsurer or (as the case may be) the other company, or reduced by the amount of any reduction in the value of those assets which is so identified; and
Y is the mean of the value of those assets at the beginning and end of the accounting period concerned, as identified in those records;
but where the result is less than zero, taking the rate to be zero.
8
In any case where —
a
there is in force a deposit-back arrangement as part of the reinsurance arrangement, and
b
the calculation of the rate of return on the deposit is capable of being expressed as a percentage rate per annum,
the percentage rate of return specified is such of the calculated rates of return on the deposit as is applicable to a period which includes any part of the accounting period concerned and is capable of being expressed not later than six months after the end of that accounting period and, if there is more than one such rate of return, is the average of those rates for periods beginning with the period which includes the date of commencement of the accounting period and ending with the period which includes the date of the end of the accounting period.
9
In any case where the policy being reinsured provides for a percentage rate of return which is fixed or is capable of being determined for the accounting period concerned not later than six months after the end of that period, the percentage rate of return specified is that percentage rate plus 1 per cent.
10
In any case not falling within paragraph (7), (8) or (9) above, the percentage rate of return specified is either —
a
the rate found by —
i
expressing the amount of the expected income from non-linked assets for the accounting period concerned as a percentage of the value of the total non-linked assets (other than assets not providing income) as identified in the relevant part of the periodical return of the cedant company specified in paragraph (11) below, and
ii
adding 2 per cent to the result; or
b
where —
i
that periodical return contains no relevant part, or
ii
the cedant company is not required to make a periodical return, or
iii
the cedant company shows that in the circumstances the calculation specified in sub-paragraph (a) above would not produce a reasonable result,
such rate as the inspector determines to be just and reasonable in the circumstances after taking into account the factors specified in paragraph (12) below.
11
The periodical return specified in this paragraph is the periodical return for the period of account immediately preceding the period of account in which the accounting period concerned falls, and “the relevant part” of that return means —
a
in the case of a cedant company whose head office is in the United Kingdom, the part which shows the expected income from non-linked assets in respect of the whole of the company’s long term business;
b
in the case of a cedant company which is an overseas life insurance company —
i
the part which shows the expected income from non-linked assets of the company’s long term business fund relating exclusively to business carried on through a branch or agency in the United Kingdom or, if there is no such part,
ii
the part which shows the expected income from non-linked assets of the company’s long term business fund relating exclusively to business carried on through branches and agencies in the United Kingdom and EEA States taken together.
12
The factors specified in this paragraph are —
a
the nature of the policy concerned;
b
the rate of interest assumed by the cedant company in determining the valuation of its liabilities in respect of the policy for the purposes of its periodical return;
c
any undertaking by the cedant company with respect to —
i
the nature of the assets in which the premiums it receives will be invested, or
ii
the rate of return which it is offering or has offered on that or any similar policy.
13
An appeal may be brought against a determination of the inspector under paragraph (10)(b) above by giving written notice to the inspector within 30 days of receipt of written notice of the decision.
14
An appeal under paragraph (13) above shall lie to the Special Commissioners who may confirm or vary the determination appealed against (whether or not the variation is to the advantage of the appellant).
Ascertainment of investment return — prescribed dates of payments made under reinsurance arrangements
8
1
For the purposes of ascertaining the investment return in each accounting period, the payments specified in paragraphs (2) to (6) below shall be treated as paid on the dates prescribed by those paragraphs in relation to the payment concerned.
2
In any case where under the reinsurance arrangement a premium or any other amount is payable to the reinsurer within 30 days of the date on which the first premium is paid to the reinsurer, the date prescribed as the date on which that premium or other amount is to be treated as paid is the date on which the first premium is paid.
3
In any case where under the reinsurance arrangement commission or any other amount is payable by the reinsurer in respect of the policy concerned at the same time as the first premium is paid to the reinsurer or within 30 days of the date on which the first premium is paid to the reinsurer, the date prescribed as the date on which that commission or other amount is to be treated as paid is the date on which the first premium is paid.
4
In any case where under the reinsurance arrangement —
a
a premium other than the first premium or a premium falling within paragraph (2) above, or any other amount not being an amount falling within paragraph (2) above, is paid to the reinsurer before the end of the accounting period in which the first premium is paid, or
b
commission or any other amount, not being commission or an amount falling within paragraph (3) above, is paid by the reinsurer to the cedant company before the end of that accounting period,
the date prescribed as the date on which that premium or other amount is to be treated as paid to the reinsurer, or that commission or other amount is to be treated as paid by the reinsurer, is the first day of the next accounting period.
5
The dates prescribed as the dates on which any premium or any other amount paid to the reinsurer under the reinsurance arrangement, other than a premium or amount falling within paragraph (2) or (4)(a) above, is to be treated as paid are the following —
a
as to one half of the amount of the premium or other amount, the date on which the premium or other amount is paid;
b
as to the other half, the first day of the accounting period next following that in which the premium or other amount is paid.
6
The dates prescribed as the dates on which any commission or any other amount paid by the reinsurer under the reinsurance arrangement, not being commission or an amount falling within paragraph (3) or (4)(b) above, is to be treated as paid are the following —
a
as to one half of the commission or other amount, the date on which the commission or other amount is paid;
b
as to the other half, the first day of the accounting period next following that in which the commission or other amount is paid.
Exclusion of certain reinsurance arrangements from section 442A
9
1
There shall be excluded from the operation of section 442A any reinsurance arrangement in respect of a policy which falls within any of the descriptions prescribed by paragraphs (2) to (4) below.
2
The description prescribed by this paragraph is of any reinsurance arrangement where —
a
both the cedant company and the reinsurer are insurance companies which are either resident in the United Kingdom or, as respects the reinsurance arrangement or, as the case may be, the business to which the reinsurance is attributable, are within the charge to corporation tax by virtue of section 11 of the Taxes Act ;
b
the cedant company is a 90% subsidiary of the reinsurer, or the reinsurer is a 90% subsidiary of the cedant company, or each is a 90% subsidiary of another body corporate; and
c
the reinsurer is not a company which is charged to tax under Case I of Schedule D.
3
The description prescribed by this paragraph is of any reinsurance arrangement where —
a
the reinsurer is a company which in the relevant period is chargeable to tax under the laws of the territory in which it is domiciled or resident in respect of amounts to which the reinsurance arrangement gives rise;
b
the head office of the reinsurer is in an EEA State;
c
the charge to tax in the relevant period is such a charge made otherwise than by reference to profits as (by disallowing their deduction in computing the amount chargeable) to require sums payable and other liabilities arising under reinsurance arrangements to be treated as sums or liabilities falling to be met out of amounts subject to tax in the hands of the reinsurer;
d
the rate of tax fixed for the purposes of that charge in relation to the amounts subject to tax in the hands of the reinsurer (not being amounts arising or accruing in respect of investments that are of a particular description for which a special relief or exemption is generally available) has in the relevant period been at least 20 per cent.;
e
none of the obligations of the reinsurer under the reinsurance arrangement to pay any sum or meet any other liability, other than obligations in respect of mortality risk or morbidity risk, has itself been the subject of a reinsurance arrangement;
f
no deposit-back arrangements are in force in respect of the reinsurance arrangement; and
g
the reinsurer is not subject in the relevant period to a restriction in the amount of the expenses which may be deducted in computing its liability to tax, where the restriction is calculated by reference to the amount of its profits.
4
The description prescribed by this paragraph is of any reinsurance arrangement under which —
a
i
only the mortality risk or the morbidity risk is being reinsured, or both the mortality risk and the morbidity risk (but no other risk) are being reinsured, and
ii
no payment by way of surrender value is capable of being made by the reinsurer to the cedant company; or
b
either —
i
no profit such as is referred to in regulation 6(2) is capable of arising; or
ii
such profit is capable of arising only as a result of the death, illness or infirmity of, or accident to, a person or the lapsing of the policy.
5
In paragraph (3) above, “the relevant period” means a period for which the reinsurer draws up accounts and which ends in or at the end of an accounting period of the cedant company or, if there is more than one such period ending in or at the end of the same accounting period, the period which is the first to end.
6
For the purposes of paragraph (4) above, the fact that a premium payable by the cedant company under the reinsurance arrangement is calculated so as to reflect a guarantee by that company under the terms of the policy that it will issue a different policy at a future date shall not be taken to mean that risks other than mortality risk or morbidity risk are being reinsured under the reinsurance arrangement.
Exclusion of policy and contract from section 442A
10
There shall be excluded from the operation of section 442A —
a
any policy to which paragraph 10 of Schedule 1 to the Financial Services Act 1986 does not apply by reason of Note (1) to that paragraph; and
b
any annuity contract under which —
i
payment of the annuity is to commence not later than 12 months after the date of the contract, and
ii
no surrender value is capable of being produced.
Exclusion of certain business from section 431C
11
There shall be excluded from section 431C any reinsurance business where —
a
in relation to the reinsurance arrangement —
i
the cedant company is a 90% subsidiary of the reinsurer, or the reinsurer is a 90% subsidiary of the cedant company, or each is a 90% subsidiary of another body corporate,
ii
the cedant company is either resident in the United Kingdom or is an overseas life insurance company which, as respects the reinsurance arrangement or, as the case may be, the business being reinsured, is within the charge to corporation tax by virtue of section 11 of the Taxes Act, and
iii
the business being reinsured is basic life assurance and general annuity business in the hands of the cedant company; or
b
the business is of any of the descriptions specified in section 431D(1)(b) of the Taxes Act ; or
c
the business —
i
is the reinsurance of the business of a company which is not resident in the United Kingdom,
ii
is not business of any of the descriptions specified in section 431D(1)(b) of the Taxes Act, and
iii
is linked business where the linked assets concerned consist wholly or substantially of land in the United Kingdom.
Exclusion of certain reinsurance business from section 439A
12
There shall be excluded from section 439A any reinsurance business carried on by a company (“the reinsurer”) whose reinsurance business is limited to arrangements where —
a
the cedant company is a 90% subsidiary of the reinsurer, or the reinsurer is a 90% subsidiary of the cedant company, or each is a 90% subsidiary of another body corporate, and
b
the cedant company either —
i
is resident in the United Kingdom, or
ii
is not so resident but, as respects all the business reinsured with the reinsurer, is within the charge to corporation tax by virtue of section 11 of the Taxes Act.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
7th July 1995


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Periodic Registration) Amendment Rules Approval Order 1995 and shall come into force on 1st April 1995.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State,
Department of Health
30th March 1995


text:
Citation and commencement
1
This Order may be cited as the North Wales Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
2
The combination scheme set out in the Schedule to this Order, which shall be known as the North Wales Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
10th December 1995


text:
1
This Order may be cited as the Dartford-Thurrock Crossing Tolls Order 1995 and shall, in accordance with section 17(11) of the Dartford-Thurrock Crossing Act 1988, come into force on 1st September 1995.
2
1
The toll leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order shall be of the amount set out or described opposite thereto in column (2) of that Schedule.
2
For the purposes of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford-Thurrock Crossing Tolls Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
2nd August 1995


text:
Citation
1
This Order may be cited as the Cleveland Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
Combination scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Cleveland Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
4th December 1995


text:
Preliminary
1
1
These Regulations may be cited as the Motor Cycle Silencer and Exhaust Systems Regulations 1995 and shall come into force on 1st August 1996.
2
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by the Act to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.
Interpretation
2
1
In these Regulations —
“the Act” means the Motor Cycle Noise Act 1987;
“ the Directive ” means Council Directive 78/1015/ EEC as amended by Council Directive 87/56/EEC and Council Directive 89/235/EEC ;
“exhaust system” means an exhaust system for a motor cycle;
“road”has the same meaning as in the Road Traffic Act 1988 ;
“silencer” means a silencer for an exhaust system; and
“trade mark”has the same meaning as in the Trade Marks Act 1994 .
2
A reference in these Regulations to the British Standard Specifications is a reference to —
a
the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193: 1983, and
b
the British Standard Specification for replacement motor cycle and moped exhaust systems published by the British Standards Institution under reference number BS AU 193a: 1990,
and a reference to “a British Standard Specification” shall be construed accordingly.
The requirements relating to silencers
3
1
The requirements with which a silencer must comply for the purposes of section 1(1) of the Act are that the silencer must be —
a
clearly and indelibly marked in accordance with paragraphs 3.1 to 3.1.3 of Annex II to the Directive, or
b
clearly and indelibly marked “BS AU 193/T2”, “BS AU 193a: 1990/T2” or “BS AU 193a: 1990/T3” (being marks referred to in the British Standard Specifications indicating that certain requirements specified in those instruments are met).
2
As respects a silencer, the requirements as to packaging, labelling and the provision of accompanying instructions which must be complied with for the purposes of section 1(1) of the Act are the requirements of Schedule 1 to these Regulations.
3
For the purposes of this regulation Annex II to the Directive has effect as if at the beginning of paragraph 3.1.1 there were inserted the words “the name,”.
The requirements relating to exhaust systems
4
1
Without prejudice to regulation 3, the requirements with which an exhaust system must comply for the purposes of section 1(1) of the Act are that the silencer comprised in the exhaust system must be —
a
clearly and indelibly marked in accordance with paragraphs 3.1 to 3.1.3 of Annex II to the Directive, or
b
clearly and indelibly marked “BS AU 193/T2”, “BS AU 193a: 1990/T2” or “BS AU 193a: 1990/T3” (being marks referred to in the British Standard Specifications indicating that certain requirements specified in those instruments are met).
2
As respects an exhaust system the requirements as to packaging, labelling and the provision of accompanying instructions which must be complied with for the purposes of section 1(1) of the Act are the requirements of Schedule 2 to these Regulations.
3
For the purposes of this regulation Annex II to the Directive has effect as if at the beginning of paragraph 3.1.1 there were inserted the words “the name,”.
Exemptions
5
1
Section 1 of the Act does not apply in a case in which a person supplies —
a
a silencer, or
b
an exhaust system,
and the silencer or the silencer comprised in the exhaust system (as the case may be) is clearly and indelibly marked in characters not less than 3mm high —
i
with the words “NOT FOR ROAD USE”or words to that effect; or
ii
with the words “PRE 1985 MC ONLY”.
2
Section 1 of the Act does not apply in a case in which a person supplies a silencer or an exhaust system as scrap (that is to say, for the value of materials included in the silencer or exhaust system rather than the value of the silencer or exhaust system itself).
3
For the avoidance of doubt, section 1 of the Act does not have effect, in a case in which a person supplies a motor cycle, in relation to a silencer or an exhaust system fitted to the motor cycle at the time of the supply.
4
The requirements imposed by regulation 3(2) do not apply in a case in which a person supplies a used silencer and the requirements referred to in paragraph (6) below are met.
5
The requirements imposed by regulation 4(2) do not apply in a case in which a person supplies a used exhaust system and the requirements referred to in paragraph (6) below are met.
6
The requirements mentioned in paragraphs (4) and (5) above are that —
a
the supply is by a person who had acquired the silencer or exhaust system by purchasing a used motor cycle to which the silencer or exhaust system was then fitted, and
b
that person had been the owner of the silencer or exhaust system throughout the period beginning when he so purchased that motor cycle and ending when he supplies the silencer or exhaust system.
7
For the purposes of paragraph (6) —
a
“motor cycle” means any motor cycle, whether or not it is in a fit state for use on roads and includes any motor cycle chassis with or without wheels; and
b
a person shall be regarded as purchasing a vehicle upon ownership being transferred to him in any circumstances whatsoever.
8
For the purposes of this regulation, if a person offers or agrees to supply a silencer or an exhaust system or exposes it or has it in his possession for the purposes of supplying it, he shall be taken to be a person who supplies a silencer or an exhaust system.
9
This regulation is without prejudice to section 1(4) of the Act.
Equivalent standards
6
1
The requirements imposed by regulation 3(1) do not apply to a silencer if the requirements imposed by that paragraph would be met were there substituted, for the reference to any one of the marks specified in sub-paragraph (b) of that paragraph, a reference to a mark which indicates compliance with equivalent provisions in a corresponding standard.
2
The requirements imposed by regulation 4(1) do not apply to an exhaust system if the requirements imposed by that paragraph would be met were there substituted, for the reference to any one of the marks specified in sub-paragraph (b) of that paragraph, a reference to a mark which indicates compliance with equivalent provisions in a corresponding standard.
3
In this regulation, “corresponding standard” means —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
an international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to replacement silencers, a level of noise limitation and safety equivalent to that provided by a British Standard Specification and contains a requirement as respects the marking of silencers equivalent to that provided by that instrument.
4
In this regulation —
“the equivalent provisions in a corresponding standard”, in relation to a mark specified in regulation 3(1)(b) or 4(1)(b), means those provisions in a corresponding standard that are equivalent to the relevant provisions;
“the relevant provisions”, in relation to a mark specified in regulation 3(1)(b) or 4(1)(b), means those provisions of a British Standard Specification in respect of which the mark indicates compliance;
“EEA State” means a State which is Contracting Party to the EEA Agreement; and
“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 .
The Trade Descriptions Act 1968
7
Nothing in these Regulations requiring a silencer to bear any marking shall be taken to authorise any person to apply any such marking to a silencer in contravention of the Trade Descriptions Act 1968 .
Signed by the authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th August 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greater Glasgow and Clyde Valley Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Greater Glasgow and Clyde Valley Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
i
persons, not exceeding 5 in number, to be nominated by the council for the local government area of the City of Glasgow to be persons representative of that council on the Board;
ii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of East Dunbartonshire to be persons representative of that council on the Board;
iii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of East Renfrewshire to be persons representative of that council on the Board;
iv
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Inverclyde to be persons representative of that council on the Board;
v
persons, not exceeding 5 in number, to be nominated by the council for the local government area of North Lanarkshire to be persons representative of that council on the Board;
vi
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Renfrewshire to be persons representative of that council on the Board; and
vii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of South Lanarkshire to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
Citation, application, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995 and shall apply only to local education authorities in England.
2
These Regulations shall come into force on 24th February 1995 and apply in relation to a financial year beginning on or after 1st April 1995.
3
In these Regulations —
“the 1993 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 ;
“the 1994 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 ;
“ the Act ” means the Education Reform Act 1988;
“ authority ” means a local education authority;
“budget statement” means the statement referred to in section 42(3) of the Act;
“factor” in relation to the allocation formula under an authority’s scheme means any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula under the authority’s scheme;
“outturn statement” means the statement referred to in section 42(6) of the Act;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula under an authority’s scheme for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“school” (except in regulation 8) means a school required by section 42(3) or (6) of the Act to be covered by a budget statement or an outturn statement as the context may require;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 156 of the Education Act 1993;
“statement” in relation to a pupil with special educational needs means a statement made under section 168 of the Education Act 1993;
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the authority’s scheme to be used in applying the allocation formula under the scheme for the initial determination of that school’s budget share or those schools' budget shares for the year; and
references to an authority’s aggregated budget as that expression is explained in section 33(4)(b) of the Act.
4
The following table shows provisions of the Act defining or otherwise explaining expressions used in these Regulations —
allocation formula section 38(2) excepted heads or items of expenditure section 33(4)(b)(i) excluded expenditure under an authority’s scheme section 33(6)(c) financial year section 235(1) general schools budget section 33(4)(a) scheme section 51(2)(a) school’s budget share section 51(2)(b).
5
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
6
The 1994 Regulations are revoked in so far as they apply to local education authorities in England.
7
Notwithstanding paragraph (6) above and except in so far as they impose any requirements in respect of section 42(4)(f) to (i) of the Act —
a
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 continue to apply to local education authorities in England in relation to a financial year beginning on or before 1st April 1992;
b
the 1993 Regulations continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1993; and
c
the 1994 Regulations continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1994.
Prescribed form of and particulars and information for budget statements
2
Where these Regulations require a budget statement to be in a prescribed form, it shall be a sufficient compliance if the statement is in a form substantially to the like effect to that prescribed with such variations as the provisions of the authority’s scheme require.
3
A budget statement shall be prepared in four parts, as follows —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for all schools for the financial year to which the statement relates specified in section 42(4)(a) and (b) of the Act and the notes to Part 1 in Schedule 1, which particulars and information (other than those specified in section 42(4)(a) and (b)) are prescribed for the purposes of section 42(4)(c) and (j) of the Act;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for each school for the financial year to which the statement relates specified in section 42(4)(e) of the Act and the notes to Part 2 in Schedule 2, which information is prescribed for the purposes of section 42(4)(j) of the Act;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the particulars of and the information with respect to the allocation formula under the authority’s scheme specified in the notes to Part 3 in Schedule 3, which particulars and information are prescribed for the purposes of section 42(4)(d) and (j) of the Act; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the statement relates specified in Schedule 4, which information is prescribed for the purposes of section 42(4)(j) of the Act.
Prescribed form of and information for outturn statements
4
An outturn statement shall be prepared in two parts, as follows —
a
Part 1 shall contain the information prescribed in regulation 5(1), the information as to each amount of planned financial provision being placed adjacent to the corresponding item of information as to the amount of expenditure actually incurred by the authority; and
b
Part 2 shall contain the information prescribed in regulation 5(2) with respect to —
i
the planned financial provision, and
ii
expenditure actually incurred, or treated by the authority as having been so incurred,
for the purposes of each school in the financial year to which the statement relates.
5
1
There is prescribed for the purposes of section 42(6)(aa) and (a) of the Act information as to the amount of expenditure actually incurred by the authority for the purposes of all schools in the financial year to which the outturn statement relates, expressed (as cash sums or percentages, as the case may be) by reference to categories corresponding to each of the matters required by these Regulations to be contained in Part 1 of the authority’s budget statement for that year, and information as to the amount of planned financial provision that was specified in that budget statement for each such matter.
2
There is prescribed for the purposes of section 42(6)(aa) and (b) of the Act the following information in respect of each school —
a
the amount of the school’s budget share for that year included in Part 2 of the authority’s budget statement;
b
the total amount of expenditure actually incurred in that year for the purposes of the school, net of any amount treated by the authority as income attributed to the school;
c
the amount (if any) of excluded expenditure under the authority’s scheme in respect of contingencies occurring during the year (including the amount referred to in sub-paragraph (i) below);
d
the aggregate of the amounts of expenditure on excepted heads or items of expenditure and excluded expenditure under the authority’s scheme, other than the amount referred to in sub-paragraph (c) above or (i) below, being amounts which the governing body of the school were authorised in accordance with the authority’s scheme to spend;
e
the total amount of any increase or decrease (including the amount referred to in sub-paragraph (h) below) in the course of the financial year in the school’s budget share;
f
the amount to be carried forward to the following financial year of any surplus or deficit in the school’s budget share for that or any previous financial year;
g
the amount brought forward from the previous financial year of any surplus or deficit in the school’s budget share in any previous financial year;
h
the total amount of any reduction in the course of the financial year in the school’s budget share pursuant to section 262(4)(a) of the Education Act 1993 (reduction arising from the permanent exclusion of pupils); and
i
the total amount allocated in the course of the financial year for the purposes of the school pursuant to section 262(4)(b) of the Education Act 1993 (increased funding for the admission of pupils permanently excluded by other schools).
Prescribed manner and time of publication of budget and outturn statements
6
For the purposes of section 42(7) of the Act, every budget statement and every outturn statement shall be published by —
a
supplying a copy to the Secretary of State for Education and to the Funding Agency for Schools ; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at —
i
each education office of the authority, and
ii
each public library in the area of the authority.
7
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
An outturn statement shall be published before 1st November next following the end of the financial year to which the statement relates.
Furnishing of budget and outturn statements to schools
8
1
An authority shall furnish the governing body of each school required to be covered by the authority’s scheme in any financial year with a copy of —
a
in all cases, Parts 1 to 3 and Part 4, so far as it relates to the school, of the authority’s budget statement for that year and its outturn statement for that year; and
b
where the governing body request the authority to furnish them, such other parts of Part 4 of the authority’s budget statement for that year as the governing body specify.
2
An authority shall furnish the governing body of each grant-maintained school conducted in the authority’s area in any financial year and the governing body of each grant-maintained special school which either is so conducted and was established under section 183 of the Education Act 1993 or is conducted in any financial year and before becoming a grant-maintained special school was a special school maintained by the authority with a copy of —
a
in all cases, Parts 1 to 3 of the authority’s budget statement for that year and its outturn statement for that year; and
b
where the governing body request the authority to furnish them, such parts of Part 4 of the authority’s budget statement for that year as the governing body specify.


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Council Tax (Transitional Reduction Scheme) (England) Regulations 1995 and come into force on 28th February 1995.
2
These Regulations apply in relation to billing authorities in England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Local Government Finance Act 1992;
“alternative valuation band”, in relation to a person who is an eligible person for the purposes of the Disabilities Regulations , means the alternative valuation band applicable in his case for the purposes of regulation 4 of those Regulations;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disabilities Regulations” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“discounted chargeable amount”, in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the Act or, as his circumstances require, that section read with section 11 of the Act; but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if, in the definition of “A” in section 10 of the Act, there were substituted, for the reference to the valuation band listed for the dwelling, a reference to the alternative valuation band;
“qualifying dwelling” means a dwelling which at the end of 31st March 1993 was the sole or main residence of any individual;
“the 1993 Regulations ” means the Council Tax (Transitional Reduction Scheme) (England) Regulations 1993 ;
“relevant valuation band”, in relation to a dwelling, means the valuation band shown as applicable to the dwelling in the billing authority’s valuation list.
2
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.
Prescribed year
3
The financial year beginning on 1st April 1995 is prescribed as the year for which these Regulations apply.
Persons to whom these Regulations apply
4
A person is an eligible person for the purposes of these Regulations on a particular day if, as regards that day —
a
he is a liable person in respect of a qualifying dwelling; and
b
the dwelling is the sole or main residence of any individual.
Calculation of amount payable
5
1
Subject to paragraphs (2) and (3) below, the amount which an eligible person is liable to pay in respect of a qualifying dwelling and a day (unless the product of the formula described in sub-paragraph (b) is a negative amount) is an amount equal to the difference between —
a
the discounted chargeable amount; and
b
the amount found by applying the formula —
x - y z
where —
x is the amount determined as mentioned in regulation 6(1)(b) of the 1993 Regulations as regards the dwelling for 1st April 1993;
y is the amount specified in column (2) of the following Table in relation to such valuation band shown in column (1) of that Table as for 1st April 1993 was —
in the case of a dwelling in respect of which, as regards 1st April 1993, a person was an eligible person both for the purposes of the 1993 Regulations and for the purposes of the Disabilities Regulations, the alternative valuation band;
in the case of a dwelling in respect of which, as regards 1st April 1993, a person who was not an eligible person for the purposes of the Disabilities Regulations was an eligible person for the purposes of the 1993 Regulations, the relevant valuation band;
TABLE
(1) (2) Valuation band Amount £
A 134 B 154 C 174 D 194 E 214 F 234 G 254 H 274
and z is the number of days in the financial year.
2
Where the amount calculated as mentioned in paragraph (1) (b) above in respect of a day is greater than the discounted chargeable amount, the amount which an eligible person is liable to pay in respect of that day is nil.
3
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of these Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
6
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not being less than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
7
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reasons for it; and any such statement shall be dated and shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations; but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of Appeal
8
An appellant shall give notice of appeal in writing to the billing authority.
Procedure for appeals
9
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
31st January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Edinburgh and Lothians Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Edinburgh and Lothians Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
i
persons, not exceeding 5 in number, to be nominated by the council for the local government area of the City of Edinburgh to be persons representative of that council on the Board;
ii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of East Lothian to be persons representative of that council on the Board;
iii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Midlothian to be persons representative of that council on the Board; and
iv
persons, not exceeding 5 in number, to be nominated by the council for the local government area of West Lothian to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
1
This Order may be cited as the A61 Trunk Road (Tankersley Roundabout, Birdwell to Old County Borough Boundary, Barnsley) (Detrunking) Order 1995 and shall come into force on 5th May 1995.
2
In this Order:
i
“the plan”
means the plan numbered HA10/YHNMD 24, marked “The A61 Trunk Road (Tankersley Roundabout, Birdwell to Old County Borough Boundary, Barnsley) (Detrunking) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the Exeter — Leeds Trunk Road (A61).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Director
Northern Network Management Division The Highways Agency
4th April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mancunian Community Health National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1995 and shall come into force on 8th August 1995.
2
In this Order —
“the Authority” means the Manchester Health Authority;
“the Trust” means the Mancunian Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 23rd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th July 1995


text:
Citation and commencement
1
This Order may be cited as the Leeds Development Corporation (Dissolution) Order 1995 and shall come into force on 1st April 1995.
Dissolution of the corporation
2
The Leeds Development Corporation shall be dissolved on 1st July 1995.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
31st March 1995


text:
1
This Order may be cited as the British Museum (Authorised Repositories) Order 1995 and shall come into force on 1 June 1995.
2
After paragraph 5 of Part I of the Third Schedule to the British Museum Act 1963 there shall be added the following paragraph: —
6
No. 23 Blythe Road, London W.14.
.
Stephen Dorrell
Secretary of State for National Heritage
3rd May 1995