text:
GENERAL
Citation and commencement
1
These Regulations may be cited as the Financial Markets and Insolvency (Money Market) 1995 Regulations and shall come into force on 15th August 1995.
Interpretation of the Regulations
2
In these Regulations —
“ the Act ” means the Companies Act 1989;
“the 1986 Act ” means the Financial Services Act 1986 ;
“business day” has the same meaning as in section 167(3) of the Act;
“defaulter” means a person in respect of whom action has been taken by a listed person under his default rules, whether by declaring the person in respect of whom action has been taken to be a defaulter or otherwise;
“default rules” means the rules of a listed person which provide for the taking of action in the event of a person appearing to be unable, or likely to become unable, to meet this liabilities in respect of one or more money market contracts or related contracts;
“the list” means the list maintained by the Bank of England for the purposes of section 171 of the Act;
“listed person” means a person for the time being included in the list;
“money market charge” means a charge, whether fixed or floating, granted in favour of a listed person for the purpose of securing debts or liabilities arising in connection with the settlement of money market contracts or related contracts;
“money market contract” means a contract for the acquisition or disposal of currency of the United Kingdom or of any other country or territory, being a contract in relation to which a listed person provides settlement arrangements;
“Part VII” means Part VII of the Act;
“related contract” means a contract other than a money market contract effected by a listed person under his default rules for the purpose of enabling the settlement of a money market contract or another related contract;
“rules” means the rules made or conditions imposed by a listed person with respect to the provision by that person of settlement arrangements.
Interpretation of Part VII as applied by the regulations
3
References in the provisions of Part VII as they are applied by these Regulations —
a
to a defaulter shall be taken to be to references to a defaulter within the meaning of these Regulations;
b
to default proceedings shall be taken to be references to proceedings taken by a listed person under his default rules;
c
to defaut rules shall be taken to be references to default rules within the meaning of these Regulations;
d
to a market charge shall be taken to be references to a money market charge;
e
to market contracts shall be taken to be references to money market contracts and related contracts;
f
to a member of a recognised investment exchange or a recognised clearing house shall be taken to be references to a person using the settlement arrangements provided by a listed person;
g
to a recognised investment exchange or a recognised clearing house shall be taken to be references to a listed person; and
h
to rules shall be taken to be references to rules within the meaning of these Regulations.
EXTENSION OF PART VII TO MONEY MARKET CONTRACTS AND RELATED CONTRACTS
Extension of Part VII to money market contracts and related contracts
4
Subject to the provisions of regulation 5 of these Regulations, Part VII shall apply to money market contracts and to related contracts as it applies to contracts connected with a recognised investment exchange or a recognised clearing house.
5
In their application to money market contracts and related contracts, the provisons of Part VII shall apply as if references to designated non-members were omitted and as if references to property provided as margin or as cover for margin included references to any property provided to a listed person for the purposes of or in connection with the settlement of money market contracts or related contracts.
APPLICATION OF CERTAIN PROVISIONS OF THE 1986 ACT IN RELATION TO A LISTED PERSON
Application of certain provisions of the 1986 Act in relation to a listed person
6
In relation to a listed person, the provisions of the 1986 Act mentioned in regulations 7 to 18 of these Regulations shall apply with the exceptions, additions and adaptations specified in relation to those provisions.
Compliance orders
7
Section 12 of the 1986 Act (compliance orders) shall apply in relation to a listed person as if —
a
the circumstances specified in subsection (1) of that section as those in which an application may be made to the court were the following, that is to say that it appears to the Bank of England that the circumstances are such that it could take action to remove a person from the list in accordance with the arrangements made by it for that purpose;
b
functions under the section were exercisable by the Bank of England and not by any other person;
c
the references to a recognised organisation were references to a listed person;
d
the references to subsection (3) of section 10 of the 1986 Act (grant and refusal of recognition) to any requirement of Schedule 2 to that Act and to any obligation to which a recognised organisation is subject by virtue of that Act were references to the matters mentioned in sub-paragraph (a) of this paragraph;
e
the reference in subsection (1) to the revocation of a recognition order under section 11 of the 1986 Act (revocation of recognition) were a reference to the removal of a person from the list; and
f
the power conferred on the court by subsection (2) were a power to direct the listed person concerned to take such steps as the court may direct for securing that he ceases to be eligible for removal from the list.
Powers of intervention
8
Section 64 of the 1986 Act (scope of powers of intervention) shall apply in relation to a listed person as if —
a
subsections (2) to (4) were omitted;
b
the exception in subsection (1) and the related reference in that subsection to an appointed representative were omitted;
c
the reference in subsection (1) to the powers conferred by Chapter VI of Part I of the 1986 Act was a reference to the powers conferred on the Bank of England by virtue of regulations 9 to 12 of these Regulations;
d
the circumstances mentioned in subsection (1) as those in which the relevant powers are exercisable were the following, that is to say that it appears to the Bank of England that the circumstances are such that it could take action to remove a person from the list in accordance with the arrangements made by it for that purpose; and
e
the first reference in subsection (1) to any authorised person was a reference to any listed person.
9
Section 65 of the 1986 Act (restriction of business) shall apply in relation to a listed person as if —
a
functions under that section were exercisable by the Bank of England and not by any other person;
b
the reference to an authorised person was a reference to a listed person;
c
the references to investment business were references to the provision of settlement arrangements in relation to money market contracts; and
d
the reference to the United Kingdom was a reference to Great Britain.
10
Section 66 of the 1986 Act (restriction on dealing with assets) shall apply in relation to a listed person as if —
a
functions under that section were exercisable by the Bank of England and not by any other person;
b
the references to an appointed representative were omitted;
c
the references to an authorised person were references to a listed person; and
d
the reference to the United Kingdom was a reference to Great Britain.
11
Section 68 of the 1986 Act (maintenance of assets in United Kingdom) shall apply in relation to a listed person as if —
a
functions under that section were exercisable by the Bank of England and not by any other person;
b
the reference to an appointed representative was omitted;
c
the references to an authorised person were references to a listed person
d
the references to liabilities in respect of investment business were references to liabilities arising from the provision of settlement arrangements; and
e
the references to the United Kingdom were references to Great Britain.
12
Section 69 of the 1986 Act (rescission and variation) shall apply in relation to a listed person as if —
a
functions under that section were exercisable by the Bank of England and not by any other person; and
b
the reference to a prohibition or requirement imposed under Chapter VI of Part I of the 1986 Act were a reference to a prohibition or requirement imposed under those provisions of that Chapter which apply in relation to a listed person by virtue of these Regulations.
13
Section 70 of the 1986 Act (notices) shall apply in relation to a listed person as if —
a
the reference to a prohibition or requirement imposed under Chapter VI of Part I of the 1986 Act were a reference to a prohibition or requirement imposed under those provisions of that Chapter which apply in relation to a listed person by virtue of these Regulations;
b
functions under that section were exercisable by the Bank of England and not by any other person; and
c
subsection (5) was omitted.
14
Section 72 of the 1986 Act (winding up orders) shall apply in relation to a listed person as if —
a
the powers conferred on the court were exercisable only on the presentation of a petititon by the Bank of England ;
b
the references to an appointed representative were omitted;
c
references to an authorised person, to any person whose authorisation is suspended under section 28 of the 1986 Act or who is the subject of a direction under section 33(1)(b) of that Act were references to a listed person; and
d
the provisions of subsections (2)(d) and (3) to (5) were omitted.
15
Section 74 of the 1986 Act (administration orders) shall apply in relation to a listed person as if it enabled the Bank of England to present a petition under section 9 of the Insolvency Act 1986 (applications for administration orders) in relation to a company to which section 8 of that Act applies which is a listed person.
16
Section 105 of the 1986 Act (investigation powers) shall apply in relation to a listed person as if —
a
functions under that section were exercisable by the Bank of England and not by any other person;
b
the circumstances mentioned in subsection (1) as those in which the powers under that section are exercisable were that it appeared to the Bank of England that there is good reason to exercise those powers for the purpose of investigating the affairs, or any aspect of the affairs, of any listed person so far as relevant to settlement arrangements provided by that person in relation to money market contracts or related contracts; and
c
subsections (2) and (9) were omitted.
17
Section 106 of the 1986 Act (exercise of investigation powers by officer etc. ) shall apply in connection with the application, by regulation 16 of these Regulations, of section 105 of that Act in relation to a listed person as if —
a
the references to the powers conferred by section 105 were references to the powers conferred by that section as it applies by virtue of these Regulations;
b
functions under section 106 were functions of the Bank of England and not of any other person;
c
the references to any officer of a person exercising functions under the section were references to any officer of the Bank of England; and
d
the person to whom a report must be made by virtue of subsection (3) were the Bank of England.
18
Section 199 of the 1986 Act (powers of entry) shall apply in connection with the application, by regulation 16 of these Regulations, of section 105 of that Act in relation to a listed person as if —
a
the circumstances mentioned in subsections (1) and (2) as those in which a justice of the peace may issue a warrant were that he is satisfied on information given on oath by or on behalf of the Bank of England, or by a person authorised to exercise powers under section 105 of the 1986 Act as that section applies by virtue of these Regulations, that there are reasonable grounds for believing that there are on any premises documents whose production has been required under section 105 as it applies by virtue of these Regulations and which have not been produced in compliance with the requirement; and
b
subsection (7) was omitted.
APPLICATION OF PROVISIONS OF PART VII IN RELATION TO A LISTED PERSON
Application of provisions of Part VII of the Act in relation to a listed person
19
1
Subject to the following provisions of this Regulation, the provisions of Part VII shall apply in relation to a listed person.
2
In their application, by virtue of paragraph (1) of this Regulation, in relation to a listed person —
a
sections 157 (change in default rules), 162 (duty to report on completion of default proceedings), 166 (powers to give directions) and 167 (application to determine whether default proceedings to be taken) of the Act shall apply as if functions under those sections were exercisable by the Bank of England and not by any other person ;
b
sections 184(3) and (4) (indemnity for certain acts) shall apply as if the functions mentioned in section 184(3) were the functions of a listed person so far as relating to, or to matters arising out of —
i
his default rules; or
ii
any obligation to which he is subject by virtue of Part VII as it is applied by these Regulations; and
c
section 184(5) shall apply as if the reference to paragraph 5 or 12 of Schedule 21 to the Act was a reference to paragraph 6 of the Schedule to these Regulations.
MONEY MARKET CHARGES
Money market charges
20
The general law of insolvency shall have effect in relation to a money market charge subject to the provisions of regulations 21 to 24 of these Regulations.
Administration orders, &c
21
1
The provisions of this regulation are subject to the provisions of regulations 22 to 24 below.
2
The following provisions of the Insolvency Act 1986 (which relate to administration orders and administrators) do not apply in relation to a money market charge —
a
sections 10(1)(b) and 11(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and
b
section 15(1) and (2) (power of administrator to deal with charged property);
and section 11(2) of that Act (receiver to vacate office when so requested by administrator) does not apply to a receiver appointed under a money market charge.
3
However, where a money market charge falls to be enforced after an administration order has been made or a petititon for an administration order has been presented, and there exists another charge over some or all of the same property ranking in priority to or pari passu with the market charge, the court may, on the application of any person interested, order that there shall be taken after enforcement of the money market charge such steps as the court may direct for the purpose of ensuring that the chargee under the other charge is not prejudiced by the enforcement of the money market charge.
4
The following provisions of the Insolvency Act 1986 (which relate to the powers of receivers) do not apply to a money market charge —
a
section 43 (power of administrative receiver to dispose of charged property); and
b
section 61 (power of receiver in Scotland to dispose of an interest in property).
5
Sections 127 and 284 of the Insolvency Act 1986 (avoidance of property dispositions effected after the commencement of winding up or presentation of a bankruptcy petition), and section 32(8) of the Bankruptcy (Scotland) Act 1985 (effect of dealing with debtor relating to estate vested in permanent trustee), do not apply to a disposition of property as a result of which the property becomes subject to a money market charge or any transaction pursuant to which that disposition is made.
6
However, if a person (other than the chargee under the money market charge) who is a party to a disposition mentioned in paragraph (5) above has notice at the time of the disposition that a petition has been presented for the winding up, bankruptcy or sequestration of the estate of the party making the disposition, the value of any profit to him arising from the disposition is recoverable by the relevant office-holder unless the court directs otherwise.
7
Any sum recoverable by virtue of paragraph (6) above ranks for priority, in the event of the insolvency of the person from whom it is due, immediately before preferential or, in Scotand, preferred debts.
8
In a case falling within paragraph (5) above (as a disposition of property as a result of which the property becomes subject to a money market charge) and section 164(3) of the Act as it has effect by virtue of these Regulations (as the provision of margin or other property in relation to money market contracts), section 164(4), as it has effect by virtue of these Regulations, applies with respect to the recovery of the amount or value of the margin or other property and paragraph (6) above does not apply.
Limitations on extent to which charge to be treated as money market charge
22
1
Where a money market charge is granted partly for purposes other than securing debts or liabilities arising in connection with the settlement of money market contracts or related contracts, the provisions of these Regulations apply in relation to it only in so far as it has effect for the purpose of securing such debts and liabilities.
2
The provisions of these Regulations shall not have effect in relation to any money market charge, whether fixed or floating, to the extent that it is a charge on land or any interest in land.
3
For the purposes of paragraph (2) above, a charge on a debenture forming part of a series shall not be treated as a charge on land or any interest in land by reason of the fact that the debenture is itself secured by a charge on land or any interest in land.
4
The provisions of these Regulations shall apply to a money market charge only to the extent that —
a
it is a charge over property provided, whether as margin or otherwise, by a person to a listed person for the purposes of or in connection with the settlement of money market contracts or related contracts; and
b
either —
i
it secures the obligation to pay to that listed person the net sum referred to in paragraph 2(2)(a) of the Schedule to these Regulations; or
ii
its enforcement is, by reason of the inadequacy of other property provided to that listed person, whether as margin or otherwise, necessary to enable that listed person to settle money market contracts or related contracts.
Limitation of disapplication of sections 10(1)(b) and 11(3)(c) of Insolvency Act 1986 in relation to certain charges
23
The disapplication of sections 10(1)(b) and 11(3)(c) of the Insolvency Act 1986 by section 175(1)(a) of the Act as it applies by virtue of these Regulations shall be limited in respect of a charge falling within sub-paragraphs (a) and (b)(ii) of regulation 22(4) of these Regulations so that it has effect only to the extent necessary for there to be realised a sum equal to the total amount necessary to enable the listed person to settle money market contracts and related contracts effected before the end of the tenth business day after the day on which an administration order is made pursuant to the petition.
Ability of administrator or receiver to recover assets in case of property subject to certain charges
24
1
The disapplication of sections 15(1) and (2), 43 and 61 of the Insolvency Act 1986 by section 175(1)(b) and 175(3) of the Act as they apply by virtue of these Regulations shall cease to have effect in relation to a charge of the kind mentioned in regulation 23 of these Regulations after the end of the tenth business day after the day on which an administration order is made or, as the case may be, an administrative receiver or a receiver is appointed in relation to the grantor of the charge so far as the charge has effect in relation to property which is not, on the basis of a valuation conducted in accordance with paragraph (2) of this Regulation, required for the realisation of the sum referred to in regulation 23 of these Regulations.
2
For the purpose of paragraph (1) of this Regulation, the value of any property shall be the value agreed between whichever is relevant of the administrator, administrative receiver or receiver on the one hand and the listed person on the other.
MONEY MARKET PROPERTY
Money market property
25
1
Section 177 of the Act (application of margin not affected by certain other interests) shall apply to any description of property provided as cover for margin and to any description of property otherwise provided by a person to a listed person for the purposes of or in connection with the settlement of money market contracts or related contracts.
2
Section 179 of the Act (priority of market charge over unpaid vendor’s lien) shall apply to property subject to an unpaid vendor’s lien which becomes subject to a money market charge.
3
Section 180 of the Act (proceedings against market property by unsecured creditors) shall apply to any description of property provided as cover for margin, to any description of property otherwise provided by a person to a listed person for the purposes of or in connection with the settlement of money market contracts or related contracts and to property which is subject to a money market charge.
SUPPLEMENTARY
Construction of references to parties to money market contracts or related contracts
26
1
Where a person enters into money market contracts or related contracts in more than one capacity, the provisions of Part VII as it is applied by these Regulations shall apply as if the contracts entered into in each different capacity were entered into by different persons.
2
References in Part VII as it is applied by these Regulations to a market contract or a related contract to which a person is party include (unless the context otherwise requires) contracts to which he is party as agent.
Requirements as to listing
27
1
The Bank of England shall not admit a person to the list unless it is satisfied that the person in question has rules and arrangements meeting the requirements of the Schedule to these Regulations.
2
The Bank of England shall not admit a person to the list unless it is satisfied that the person in question is able and willing to co-operate, by the sharing of information or otherwise, with the Treasury, the Secretary of State, the Bank itself, any relevant office-holder and any other authority or body having responsibility for any matter arising out of, or connected with the default of a person party to a money market contract or the insolvency of a person party to a related contract.
3
The arrangements made by the Bank of England for a person’s removal from the list must enable the Bank to remove a person if the Bank is satisfied that the rules and arrangements of that person do not meet the requirements of the Schedule to these Regulations.
Application of Part VII following removal from the list
28
Section 169(3) of the Act shall apply as if —
a
functions under that provision were exercisable by the Bank of England and not by any other person; and
b
the reference to the revocation of recognition of an investment exchange or clearing house under the 1986 Act and the references to a revocation order were each a reference to the removal of a person from the list.
Exemption from liability for damages
29
1
Neither the Bank of England nor any person who is a member of its Court of Directors or who is, or is acting as, an officer or servant of the Bank of England shall be liable in damages for anything done or omitted in the discharge or purported discharge of the functions of which this regulation applies unless it is shown that the act or omission was in bad faith.
2
The functions to which this regulation applies are the functions of the Bank of England —
a
in relation to listed persons and the maintenance of the list;
b
under Part VII as it is applied by these Regulations;
c
under the provisions of the 1986 Act applied by regulations 7 to 18 of these Regulations; and
d
under these Regulations.
Territorial extent
30
None of the provisions of these Regulations and none of the provisions of Part VII as they are applied by the provisions of these Regulations extends to Northern Ireland.
Bowen Wells
David Willetts
Two of the Lord’s Commissioners of Her Majesty’s Treasury
1st August 1995
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Trade and Industry
4th August 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Travellers' Reliefs (Fuel and Lubricants) Order 1995 and shall come into force on 1st August 1995.
Interpretation
2
In this Order —
“commercial vehicle” means any road vehicle that —
by its type of construction and equipment, is designed for and capable of transporting goods or more than 9 persons, including the driver; or
is being used or is intended for use to carry passengers for reward; or
is being used or is intended for use for a purpose other than transport;
“standard tanks” has the meaning given in Article 8a of Council Directive 92/81/ EEC .
Relief for fuel and lubricants contained in a commercial vehicle
3
1
Subject to the provisions of this Order, a person who has travelled from another member State shall on entering the United Kingdom be relieved from payment of excise duty on the fuel and lubricants contained in a commercial vehicle that he has with him.
2
The reliefs afforded by this Order apply only to fuel that —
a
is contained in the vehicle’s standard tanks; and
b
is being used or is intended for use by that vehicle.
3
The reliefs afforded by this Order apply only to fuel on which —
a
excise duty has been paid in the member State in which the fuel was acquired at a rate that is appropriate to the use to which that fuel is being or is intended to be put; and
b
the excise duty paid on that fuel has not been remitted, repaid or drawn back.
4
The reliefs afforded by this Order apply only to fuel and lubricants that were taken into the vehicle within the European Union and are of a type and quantity necessary for the normal operation of the vehicle during its journey.
Conditions
4
1
The reliefs afforded by this Order are subject to the following conditions; and if any condition is not complied with the fuel and lubricants shall, unless that non-compliance was sanctioned by the Commissioners, be liable to forfeiture.
2
The fuel and lubricants are used only in the vehicle and are not removed from the vehicle except —
a
temporarily, to facilitate repair; or
b
permanently, to be destroyed.
3
The fuel and lubricants are used only for purposes appropriate to the rate of excise duty paid in the member State in which the fuel was acquired.
4
The excise duty paid on the fuel and lubricants is not remitted, repaid or drawn back.
Consequential amendments
5
In the Excise Duties (Personal Reliefs) (Fuel and Lubricants Imported in Vehicles) Order 1989 , after article 1, there shall be inserted —
Application
1A
1
Except for fuel and lubricants taken into a vehicle outside the European Union, where a person entering the United Kingdom has travelled from another member State, the reliefs afforded by this Order shall not apply to fuel and lubricants in a commercial vehicle he has with him.
2
In this article “commercial vehicle” means any road vehicle that —
a
by its type of construction and equipment, is designed for and capable of transporting goods or more than 9 persons, including the driver; or
b
is being used or is intended for use to carry passengers for reward; or
c
is being used or is intended for use for a purpose other than transport.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,London SE1 9PJ
13th July 1995


text:
Citation and commencement
1
This Order may be cited as the Greater London and Surrey (County and London Borough Boundaries) (Variation) Order 1995, and shall come into force on 1st April 1995.
Variation in respect of the Metropolitan Police District
2
1
The Greater London and Surrey (County and London Borough Boundaries) Order 1994 is varied as provided in paragraphs (2) and (3).
2
In articles 3(1) and (2), 4(1) and 6(1) the words “shall cease to form part of the Metropolitan Police District and” are omitted.
3
In articles 3(3), 4(2) and 6(2) and (3) —
a
after sub–paragraph (c) the words “and to” are inserted;
b
sub–paragraph (e), and the words “and to” immediately before that sub– paragraph, are omitted.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
1st March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Council Tax and Non-Domestic Rating, Demand Notices) Regulations 1995 and shall come into force on 31st January 1995.
Interpretation
2
1
In these Regulations —
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1993 Regulations ” means the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 ; and
“reorganised authority” means an existing district council to which are transferred, by or in consequence of a section 17 order, the functions of county councils, or an existing county council to which are transferred, by or in consequence of such an order, the functions of district councils.
2
In these Regulations the following expressions shall have the same meanings as in the principal Regulations —
“abolished authority”, “acquiring authority”, “the Act”, “the 1988 Act”, “the 1992 Act”, “initial year”, “new authority”, “preceding year”, “preliminary period”, “relinquishing authority”, “the reorganisation date”, “section 17 order”, and “successor authority”.
Billing authorities and major precepting authorities
3
In regulation 1(2) (interpretation) of the 1993 Regulations —
a
the definition of “billing authority” shall, during the preliminary period, include an authority which has the functions of a billing authority as regards the initial year under Part III of, and Part II of Schedule 8 to, the 1988 Act, and under Chapter I of Part I of the 1992 Act, by virtue of regulations 28 and 49(1) respectively of the principal Regulations; and
b
the definition of “major precepting authority” shall during the preliminary period include an authority which has the functions of a major precepting authority as regards the initial year under Chapter IV of Part I of the 1992 Act by virtue of regulation 49(1) of the principal Regulations.
Valuation lists
4
The reference to the billing authority’s “valuation list” in regulation 1(3) of the 1993 Regulations shall include —
a
in relation to an authority described in regulation 46(1) of the principal Regulations, the valuation list provided to that authority under that regulation;
b
in relation to an authority described in regulation 46(2) of the principal Regulations, the authority’s valuation list read together with the alterations notified under that regulation.
Supply of information by Secretary of State
5
In regulation 6 (supply of information by the Secretary of State) of the 1993 Regulations, references to the area of an authority shall during the preliminary period in relation to a relinquishing, successor or acquiring authority mean the area of the authority as if the structural or boundary change provided for in the section 17 order had come into effect.
Information to be supplied
6
1
Part I of Schedule 3 to the 1993 Regulations shall apply, in relation to information to be supplied under regulation 3(4) of those regulations when a billing authority serves a council tax demand notice or a rate demand notice, subject to the modifications set out in this regulation, and the references in paragraph 1 of Part II of Schedule 3 to paragraphs 1 to 10 of Part I of that Schedule shall have effect as if they were references to those paragraphs as so modified.
2
In relation to —
a
a billing authority which is a new authority, or a reorganised authority; and
b
a relevant major precepting authority which is a new authority, or a relevant local precepting authority established by or in consequence of a section 17 order,
where the relevant year is the initial year, the reference in paragraph 1 to the preceding year shall not apply.
3
In relation to —
a
a billing authority which is a new authority, or a reorganised authority;
b
a major precepting authority which is a new authority; and
c
a local precepting authority established by or in consequence of a section 17 order,
where the relevant year is the initial year, paragraph 5 shall not apply.
4
In relation to —
a
a billing authority which is a new authority, or a reorganised authority; and
b
a major precepting authority which is a new authority,
as regards the initial year the requirements of paragraph 6 shall not apply.
5
In relation to a billing authority and a major precepting authority either of which is a relinquishing or acquiring authority, for the purposes of its application as regards the initial year paragraph 6 shall have effect as if there were added the following —
e
any boundary change provided for in an order under section 17 of the Local Government Act 1992 affecting that authority.
.
6
In relation to —
a
a billing authority which is a new authority, or a reorganised authority; and
b
a major precepting authority which is a new authority,
paragraph 8 shall not apply as regards the initial year and shall have effect as regards the financial year immediately following the initial year as if the reference to the first day of the year preceding the relevant year were a reference to the reorganisation date, and as if the reference to the authority’s liabilities included liabilities transferred to it by or in consequence of a section 17 order or in respect of which it is liable to make contributions by or in consequence of such an order.
7
In relation to a billing authority which is a new authority, or a reorganised authority, where the relevant year is the initial year paragraph 10 shall have effect as if the following words were deleted —
after the words “number of staff”, the words “employed or”, after “the relevant year”, the words “and the year preceding the relevant year” and after the words “port health authority)”, the words “and a general explanation by the authority concerned of the reason for any difference between the two”.
Information to be supplied: further provision
7
In relation to a billing authority which is a new authority, or a reorganised authority, where the relevant year is the initial year —
a
Part I of Schedule 3 to the 1993 Regulations shall as regards that year have effect as if there were added the following —
12
A general explanation by the billing authority of the services which it provided in the preceding year and the services which it will provide in the relevant year following a structural change effected by an order under section 17 of the Local Government Act 1992 affecting the authority.
.
b
Part II of Schedule 3 to the 1993 Regulations shall have effect as regards that year as if there were added, after the reference to paragraphs 1 to 10 of Part 1 of that Schedule, a reference to paragraph 12 of that Schedule, as inserted by this regulation.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan Clwyd District General Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means Clwyd Health Authority;
“the Trust” means Glan Clwyd District General 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 25th July 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
22nd February 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) 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 Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2, paragraph 1 of the principal Order, the definition of “managed woodland” shall be deleted.
Rates of payment under agreement
5
In article 6 of the principal Order —
1
in paragraph (1) —
a
in sub-paragraph (a), for the amount “£10”, there shall be substituted the amount “£15”;
b
in sub-paragraph (b), for the amount “£30”, there shall be substituted the amount “£40”;
c
for the amount “£6”, there shall be substituted the amount “£7”;
2
after paragraph (1A), there shall be inserted the following paragraph:
1B
Where an agreement includes a requirement to add top-wiring to specified walls, the Minister shall also make payments at a rate of £1 per metre of wall to which top-wire has been added.;
3
in paragraph (2) —
a
the words “or in Schedule 3” shall be deleted;
b
in the table, in the right hand column —
i
for the figure “80”, there shall be substituted the figure “85”;
ii
for the figure “40”, there shall be substituted the figure “43”;
c
in the table —
i
in the left hand column, the words “Schedule 3” shall be deleted;
ii
in the right hand column, on the corresponding line, the figure “25” shall be deleted;
4
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 £20,000 for each agreement..
Amendment to Schedules
6
1
Schedule 3 to the principal Order shall be deleted.
2
In Schedule 4, paragraph 5 to the principal Order —
a
the word “traditional”, where it first appears, shall be deleted;
b
the words “methods and” shall be deleted.
Saving
7
1
Article 5(1) and (3)(b) 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.
2
Articles 4, 5(3)(a), 5(3)(c) and 6(1) of this Order shall not apply in relation to any agreement made on or before the date on which this Order comes into force.
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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worthing and Southlands Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th June 1995.
2
In this Order —
“the Authority” means the Worthing District Health Authority;
“the Trust” means the Worthing and Southlands 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 7th December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1995


text:
Commencement and citation
1
These Regulations may be cited as the Control of Dogs on Roads Orders (Procedure) (England and Wales) Regulations 1995 and shall come into force on 11th December 1995.
Revocation and transitional provisions
2
1
Subject to paragraph (2) below, the Control of Dogs on Roads Orders (Procedure) (England and Wales) Regulations 1962 and the Control of Dogs on Roads Orders (Procedure) (England and Wales) (Amendment) Regulations 1965 are hereby revoked.
2
Where a notice relating to an order has been published pursuant to regulation 3(b) or 11 of the Control of Dogs on Roads Orders (Procedure) (England and Wales) Regulations 1962, those Regulations shall continue to apply to that order as if they had not been revoked and nothing in these Regulations shall apply to the order.
Interpretation
3
A reference in regulation 2 or regulations 5 to 10 below to an order is a reference to an order or a proposed order, as appropriate and, in the case of a proposed order, any reference to the effect of the order (however expressed) is a reference to its effect if it were to be made.
Application of Regulations
4
These Regulations apply to orders made or proposed to be made by a local authority falling within section 27(7)(a) of the Road Traffic Act 1988.
Procedure before making an order
5
Before making an order, a local authority shall —
a
without prejudice to section 27(5) of the Road Traffic Act 1988, consult such organisations (if any) representing persons likely to be affected by any provision in the order as it thinks appropriate; and
b
publish once at least, in a local newspaper circulating in the area in which any length of road to which the order relates is situated, a notice in the form and containing the particulars specified in Part I of the Schedule to these Regulations.
Inspection
6
1
During the period mentioned in paragraph (2) below, there shall be made available for inspection at the principal offices of the local authority during normal office hours and at such other places (if any) within its area as it may think fit during such hours as it may determine for each such place, the following documents —
a
a copy of the notice published under regulation 5(b);
b
a copy of the order; and
c
a map which clearly indicates in distinguishing colours or markings all lengths of road to which the order relates.
2
The period referred to in paragraph (1) above, is the period beginning on the date of publication of the notice under regulation 5(b), and ending at the expiration of the period during which objections to the order may be sent under regulation 7.
Objections
7
1
Any person desiring to object to an order shall send to the local authority, at the address specified in the notice published under regulation 5(b), a written statement of his objection and the grounds on which it is made on or before the date specified in the notice.
2
Before making an order the local authority shall consider all objections duly made under this regulation and not withdrawn.
Notification of decision to make an order by the local authority
8
1
After the local authority has decided to make an order, the decision shall be notified in writing to —
a
the chief officer of police who is required to be consulted under section 27(5) of the Road Traffic Act 1988; and
b
each person who has duly objected to the order under regulation 7 and has not withdrawn his objection.
2
Where an objection made under regulation 7 has not been, or not wholly been, acceded to, the local authority shall notify in writing the person making the objection of the reasons for the decision.
Procedure after order is made
9
After an order is made, the local authority shall —
a
within 14 days of the making of the order publish in a local newspaper circulating in the area in which any length of road to which the order relates is situated a notice in the form and containing the particulars specified in Part II of the Schedule to these Regulations;
b
forthwith keep available for inspection at its principal offices during normal office hours a copy of the order as made and a map showing all lengths of road to which the order relates; and
c
forthwith take all such steps as are reasonably practicable to cause to be erected on or near to the lengths of road to which the order relates signs in such positions as the local authority may consider to be appropriate for ensuring that adequate information about the order is given to persons likely to be affected by its provisions.
Special provision for certain orders
10
Regulations 5,6,7,8(1)(b) and (2) shall not apply to —
a
an order which revokes and re-enacts another order or a provision of another order, but has no further affect, or
b
an order which revokes another order or a provision of another order, but has no other effect.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
18th October 1995
William Hague
Secretary of State for Wales
19th October 1995


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1995.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1996 – 97, is £6,300.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Changes for England (Staff) Regulations 1995 and shall come into force on the 31st March 1995.
2
These Regulations make incidental, consequential, transitional and supplementary provisions of general application in relation to the transfer of staff, and other staffing matters for the purposes of, and in consequence of, orders made by the Secretary of State under section 17 of the Local Government Act 1992 with respect to local government changes in England.
Interpretation
2
In these Regulations —
“abolished authority” means a local authority which is wound up and dissolved on the reorganisation date;
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise, but does not include anyone who provides services under a contract for services, and any reference to an “employer” or “employee” and to “employment” shall be construed accordingly;
“newly established authority” means an authority (not being a shadow authority) established by an order made under section 17 of the 1992 Act ;
“preliminary date” is a reference to the earliest date on which any action is required to be taken in pursuance of an order made under section 17 of the 1992 Act;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ;
“the reorganisation date” is the date on which a structural change or a boundary change (or both such changes) in pursuance of an order made under section 17 of the 1992 Act comes into effect;
“shadow authority” means an authority (not being a local authority) which will become a local authority on the reorganisation date;
“transferor authority” means a principal council (other than an abolished authority) from which functions are transferred to a unitary authority by virtue of a structural change effected by an order made under section 17 of the 1992 Act;
“unitary authority” means an authority which is the sole principal council for its local government area;
“the 1992 Act” means the Local Government Act 1992;
“the 1978 Act ” means the Employment Protection (Consolidation) Act 1978 .
Continuity of Employment
3
1
This regulation applies to a person who at any time ceases to be employed by an abolished authority or a transferor authority where —
a
the termination of his employment is attributable —
i
in the case of an abolished authority, to the winding–up and dissolution of that authority,
ii
in the case of a transferor authority, to the transfer of local government functions from that authority to a unitary authority;
b
not later than four weeks from the termination of the employment mentioned in sub–paragraph (a) above he is employed by a principal council (“the new employer”); and
c
by virtue of section 84 of the 1978 Act (renewal or re–engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act with respect to his terminated employment.
2
Schedule 13 to the 1978 Act (computation of period of employment for the purposes of that Act) shall have effect in relation to an employee to whom this regulation applies as if it provided —
a
for the period of his employment by the abolished authority or the transferor authority to count as a period of employment with the new employer; and
b
for the change of employer not to break the continuity of the period of his employment.
3
An employee to whom this regulation applies shall be entitled to count the period of his employment with the abolished authority or the transferor authority as a period of employment with his new employer for the purposes of any provision of his contract of employment which depends on his length of service.
Transfers of Staff
4
1
This regulation applies to any person (“a designated employee”) who —
a
immediately before the reorganisation date is employed by an abolished authority or a transferor authority;
b
whose employment would continue —
i
in the case of an abolished authority, but for the winding up and dissolution of that authority,
ii
in the case of a transferor authority, but for the transfer of local government functions from that authority to a unitary authority; and
c
whose employment is transferred by an order made under the 1992 Act for the transfer of staff from that authority to a principal council (“the new employer”) specified in the order.
2
The contract of employment between a designated employee and an abolished authority or a transferor authority shall have effect on the reorganisation date as if originally made between him and the new employer specified in the order.
3
Without prejudice to paragraph (2) —
a
on the reorganisation date all the rights, powers, duties and liabilities of the abolished authority or the transferor authority under, or in connection with, that authority’s contract of employment with a designated employee shall by virtue of this regulation be transferred to the new employer; and
b
anything done by or in relation to the abolished authority or the transferor authority before the reorganisation date with respect to the designated employee or his contract of employment shall be deemed after that date to have been done by or in relation to the new employer.
4
Neither this regulation nor any order for the transfer of staff made under the 1992 Act shall operate to transfer the contract of employment of a designated employee and the rights, powers, duties and liabilities under, or in connection with it, if before the reorganisation date that employee informs the abolished authority or the transferor authority that he objects to becoming employed by the new employer.
5
Where a designated employee so objects, his employment with the abolished or transferor authority shall be treated as having terminated on the reorganisation date, but he shall not be treated for any purpose as having been dismissed by that authority.
6
Nothing in this regulation affects any right of a designated employee to terminate his contract of employment if a substantial change is made in his working conditions, to his detriment, but no such right shall arise by reason only of the change of employer effected by an order for the transfer of staff made under the 1992 Act.
Redundancy Payments
5
1
This regulation applies to any person —
a
who immediately before the reorganisation date is employed by an abolished authority under a contract of employment which would continue but for the winding–up and dissolution of that authority;
b
whose employment is not transferred by an order for the transfer of staff made under the 1992 Act; and
c
whose employment is not otherwise transferred by operation of law to a new employment upon the winding–up and dissolution of the abolished authority.
2
A person to whom this regulation applies shall be treated as having been entitled immediately before the reorganisation date to receive from the abolished authority any redundancy payment under Part VI of the 1978 Act and any compensation payable by virtue of regulations made under section 24 of the Superannuation Act 1972 which he would otherwise have been entitled to receive from that authority if they had not been wound up and dissolved but had dismissed him by reason of redundancy immediately before the reorganisation date.
Transfer or Appointment of Staff by Unitary Authorities
6
A former member or member of a local authority, or member of a shadow authority which on the reorganisation date is to become a unitary authority shall not be disqualified by virtue of section 116 of the Local Government Act 1972 from being transferred or appointed to a paid office if —
a
he is transferred to, or appointed by, that authority not later than twelve months after the reorganisation date; and
b
he is, or has been, at any time within a period of twelve months before the reorganisation date, in the employment of an abolished authority or a transferor authority.
Appointment of Chief Officers
7
1
The Local Authorities (Standing Orders) Regulations 1993 shall apply to a relevant authority for the relevant period subject to the following amendments —
a
In paragraph 1 of Part I of Schedule 1 to those regulations (appointment of Chief Officer) there shall be omitted the words “and it is not proposed that the appointment be made exclusively from amongst their existing officers”; and
b
paragraph 3(a) of Part II of Schedule 1 shall be omitted.
2
In this Regulation —
“relevant authority” means a local authority which on the reorganisation date is a newly established authority or a unitary authority; and
“relevant period” means the period from the preliminary date until the expiry of twelve months after the reorganisation date.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
28th February 1995


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1995 and shall come into force as follows:
a
this article and article 2 below shall come into force on 15th December 1995;
b
articles 3 and 4 below shall come into force on 23rd January 1996.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
Animals and animal products
2
1
In paragraph 1 of Part I of Schedule 1 to the principal Order there shall be inserted after subparagraph (b) the following subparagraphs:
ba
“mechanical means” does not include the use of hand-held powered knives which do not use powered pressure or suction;
bb
“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae; and
;
and the word “and” at the end of subparagraph (b) shall be left out.
2
In paragraph 2 in Group 1 in Part I of Schedule 1 to the principal Order, there shall be inserted between the first and second lines in the table the following:
ex 0210 Meat recovered by mechanical means from the vertebral column of a bovine animal
.
3
There shall be added at the end of the said table the following words:
Provided that the prohibition in respect of meat recovered by mechanical means shall not apply where the goods are intended other than for human consumption.
3
1
In paragraph 1 of Part I of Schedule 1 to the principal Order there shall be substituted for subparagraph (a) the following:
a
“bovine offal” means —
i
the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;
ii
the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;
iii
the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption;
and includes anything left attached to such organ after dissection of the carcase and any animal matter which comes into contact with the organ after it has been removed from the carcase, but does not include a whole carcase.
2
In paragraph 1 in Group 1 in Part I of Schedule 1 to the principal Order, there shall be substituted for the words “the Republic of Ireland” the words “a destination in another Member State”.
Goods in transit
4
In paragraph 1(i) of article 3B of the principal Order, the words “the United Nations Protected Areas in Croatia” are revoked.
A. J. Mantle
An Assistant Secretary
Department of Trade and Industry
14th December 1995