text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Initial Governing Instruments) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Grant-maintained Schools) (Initial Governing Instruments) Regulations 1993
Amendments to Schedule 1 to the principal Regulations
2
1
The instrument of government set out in Schedule 1 to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraphs 3(2)(a) and 16(3)(a), for “school” in each place where it occurs there shall be substituted “School”.
3
In paragraph 25(6), for “sub-paragraph (5)” there shall be substituted “sub-paragraphs (4) and (5)”.
4
In paragraph 38(6), for “school” in each place where it occurs there shall be substituted “School”.
5
In paragraph 40(1), for “37” there shall be substituted “39”.
6
In Appendix 1, in paragraph 2(4), for “school” in each place where it occurs there shall be substituted “School”.
7
In Appendix 2 —
a
in the modification to paragraph 23(2) to (12), for the sentence beginning “In sub-paragraph (2)” there shall be substituted —
In sub-paragraph (2), for “meetings thereof” there is substituted “meetings of that committee”.
In sub-paragraphs (2) and (7), for “such a governor” (in each place where it occurs) there is substituted “a member of that committee”.
In sub-paragraphs (4) and (10), for “member of the Governing Body” (in each place where it occurs) there is substituted “ member of any committee of the Governing Body affected by it”.
In sub-paragraph (8), for “meeting of the Governing Body” (in each place where it occurs) there is substituted “meeting of the committee of which he is a member”.
;
b
in the modification to paragraph 31 —
i
for “paragraph (1)” there shall be substituted “sub-paragraph (1)”;
ii
for “second time” there shall be substituted “second and third times”; and
iii
for the sentence beginning “For “the clerk to the Governing Body”” there shall be substituted —
In sub-paragraph (3), for “the Governing Body” —
a
where it appears for the first time, there is substituted “a committee of the Governing Body”; and
b
where it appears for the second time, there is substituted “the committee”.
;
c
in the modification to paragraph 32, for the sentence beginning “For “the Governing Body”” there shall be substituted —
For “the Governing Body” —
a
where it appears for the first time, there is substituted “a committee of the Governing Body”; and
b
where it appears for the last time, there is substituted “the committee concerned”.
;
d
in the modification to paragraph 33, after “first” there shall be inserted “time”;
e
for the modification to paragraph 34(7) and (8) there shall be substituted —
In sub-paragraph (7) —
a
for “the Governing Body” there is substituted “a committee of the Governing Body”; and
b
immediately before “members” there is inserted “eligible”.
In sub-paragraph (8), for the words from “the Chairman” to “above” there is substituted “the person who”.
After sub-paragraph (8), there is added–
9
For the purposes of sub-paragraph (7) above, an “eligible member” means any person entitled to vote in the proceedings of the committee in accordance with paragraph 36 of this Instrument.
.
; and
f
in the modification to Appendix 1 —
i
for “paragraph 3(1)(b)” there shall be substituted “paragraphs 2(4)(b) and (c) and 3(1)(b), and where it appears for the second time in paragraph 1(1)(a)”; and
ii
after the first sentence there shall be inserted —
In paragraph 1 —
a
in sub-paragraph (1)(a), for “a member of the Governing Body” there is substituted “an eligible member of the committee (within the meaning of paragraph 34(9) above)”; and
b
in sub-paragraph (2), the words “(other than paragraph 4 below)” are deleted.
.
Amendments to Schedule 2 to the principal Regulations
3
1
The articles of government set out in Schedule 2 to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In Article 1 —
a
in paragraph (1), the word “and” shall be omitted at the end of the definition of “the School”, and after that definition there shall be inserted —
“school day” has the meaning assigned to it by section 65(1) of the Education ( No. 2) Act 1986 ; and; and
b
after paragraph (3) there shall be added —
4
For the purposes of these Articles, any question whether a pupil belongs to the area of a particular local education authority shall be determined, as it would for the purposes of the Education Act 1980 , in accordance with regulations made under section 38(5) of that Act .
.
3
Article 2 shall be omitted.
4
In Article 7(4) —
a
for “(2)(c)” there shall be substituted “(3)(c)”; and
b
“(as the case may be)” and “or (c)” shall be omitted.
5
In Article 8 —
a
at the beginning of paragraphs (1) and (4) there shall be inserted in each case “Subject to Article 12A,”; and
b
in paragraph (1) —
i
at the end of sub-paragraph (a) there shall be inserted “or”;
ii
the “or” at the end of sub-paragraph (b) shall be omitted; and
iii
sub-paragraph (c) shall be omitted.
6
After Article 8 there shall be inserted —
Admissions: publication of particulars of arrangements for admission etc.
8A
1
The Governing Body shall publish in accordance with Article 8B, for each school year, particulars of —
a
the arrangements for admission of pupils to the School; and
b
the procedures applicable under these Articles, and any further arrangements made by the Governing Body in respect of admission appeals, in relation to the admission of pupils to the School.
2
The particulars to be published under paragraph (1)(a) above shall include particulars of the matters referred to in Article 7(3).
3
In paragraph (1)(b) above, “admission appeals” means appeals against decisions of the Admissions Committee under Article 8 refusing admission to the School.
Admissions: time and manner of publication of admissions information
8B
1
The particulars required to be published under Article 8A shall be published in the manner and at the times specified in the following provisions of this Article.
2
The particulars shall be published by —
a
supplying a copy on request and without charge to any parent who is considering applying for his child to be admitted to the School; and
b
making a copy available at the School without charge for reference by parents and other persons.
3
The particulars shall be published in the school year immediately preceding the admissions school year and, except where the School is a primary school (other than a school deemed to be a primary school by virtue of regulations made under section 1(2) of the Education Act 1964 ), they shall be published not later than six weeks before the date by which, in accordance with the arrangements for admission of pupils to the School, an application is required to be made for admission to the School at the beginning of the admissions school year.
4
In this Article, references to the admissions school year are to the school year in respect of which the arrangements for admission, the particulars of which are required to be published under Article 8A above, have effect.
.
7
In Article 10, after paragraph (3) there shall be added —
4
Where the Head Teacher permanently excludes a pupil from the School, he shall inform (without delay) the local education authority to whose area the pupil belongs.
5
For the purposes of this Article and Article 11, the Head Teacher shall be taken to have informed the Discipline Committee of a pupil’s exclusion from the School when he has informed the chairman of, or the clerk to, the Discipline Committee of that exclusion.
.
8
In Article 11 —
a
in paragraph (2)(c) —
i
the word “and” at the end of paragraph (i) shall be omitted;
ii
at the end of paragraph (ii) the word “and” shall be inserted; and
iii
after paragraph (ii) there shall be inserted —
iii
the local education authority to whose area the pupil belongs
;
b
for paragraph (3) there shall be substituted —
3
In any case to which paragraph (2)(c) above applies, the Discipline Committee shall give the pupil or (as the case may be) his parent notice in writing of —
a
his right to appeal against their decision not to reinstate him;
b
the arrangements made by the Governing Body in accordance with Article 12 for enabling an appeal to be made against any decision not to reinstate a pupil following his permanent exclusion from the School;
c
the last date by which an appeal may be made calculated in accordance with Article 12(3A); and
d
the fact that, where he gives notice in writing to the Discipline Committee or the Governing Body that he does not intend to appeal, no appeal may be made after that notice has been given.
;
c
after paragraph (3) there shall be inserted —
3A
Subject to paragraph (3C) below, the Discipline Committee shall complete any steps required to be taken under paragraphs (2) and (3) above within the period ending on the fifteenth school day following the date on which they were informed by the Head Teacher of the pupil’s permanent exclusion from the School.
3B
Subject to paragraph (3C) below, where in accordance with paragraph (2)(b) above the Discipline Committee give a direction to the Head Teacher to reinstate a pupil, they shall inform —
a
the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his, and
b
the local education authority to whose area the pupil belongs,
of that fact on or before the first school day following the date on which the direction was given.
3C
Paragraph (3A) above shall not apply where the Discipline Committee were informed of the pupil’s permanent exclusion before 1st September 1994; and paragraph (3B) above shall not apply where the direction for reinstatement was given by the Discipline Committee before that date.
; and
d
for paragraphs (6) and (7) there shall be substituted —
6
Where in accordance with paragraph (3) above notice in writing is required to be given to a person, that notice may be given either —
a
by delivering the notice by hand to the person’s last known address; or
b
by properly addressing, pre-paying and sending by first class post a letter containing the notice to the person at his last known address.
7
For the purposes of calculating the periods referred to in paragraphs (3A) and (3B) above, where notice of any matter is sent by the Discipline Committee to a person at his last known address —
a
by first class post;
b
by facsimile transmission (or other similar means which produce a document containing a text of the communication); or
c
by delivery by hand,
the Discipline Committee shall be taken to have informed that person of that matter on the date on which (as the case may be) the notice was posted, transmitted or delivered.
.
9
In Article 12 —
a
at the beginning of paragraph (1) there shall be inserted “Subject to Article 12A,”;
b
after paragraph (3) there shall be inserted —
3A
No appeal against a decision of the Discipline Committee not to reinstate a pupil following his permanent exclusion from the School may be made after the fifteenth school day after the day on which the pupil or, as the case may be, a parent of his received the notice given in accordance with Article 11(3).
3B
Any notice in writing given to the Discipline Committee or the Governing Body by a pupil (if he is aged eighteen years or over) or a parent of his (if he is not), stating that he does not intend to appeal against a decision not to reinstate the pupil, shall be final; and, where any such notice is received before the expiry of the period referred to in paragraph (3A) above, the period for appealing shall expire on the date on which the notice is received.
3C
Paragraphs (3A) and (3B) above shall not apply where the pupil or, as the case may be, his parent was informed before 1st September 1994 of the decision not to reinstate the pupil.
; and
c
after paragraph (5) there shall be added —
6
For the purposes of calculating the period referred to in paragraph (3A) above, the pupil or (as the case may be) his parent shall, unless the contrary is shown, be taken to have received the notice given in accordance with Article 11(3) —
a
where first class post is used, on the second school day after posting; or
b
where the notice is delivered by hand, on the date on which it is so delivered.
.
10
After Article 12 there shall be inserted —
Admission of children who are under the age of five or who have statements of special educational needs
12A
1
Subject to paragraph (2) below, Articles 8(1) and (4) and 12(1)(a) shall not have effect in relation to the admission of children to the School who will not have attained the age of five years at the time of their proposed admission.
2
Where the arrangements for the admission of pupils to the School provide for the admission of children who will not have attained the age of five years at the time of their proposed admission —
a
Articles 8(1) and (4) and 12(1)(a) shall have effect in relation to the admission of such pupils to the School otherwise than for nursery education; and
b
the transfer to a reception class at the School of children previously admitted to the School for nursery education shall be treated for the purposes of those provisions as the admission of pupils to the School.
3
Articles 8(1) and (4) and 12(1)(a) shall not have effect in relation to the admission of children in respect of whom statements are maintained under section 168 of the 1993 Act.
.
11
In Article 16(7), for “(5)(b)” there shall be substituted “(6)(b)”.
12
In Article 17 —
a
in paragraph (6) —
i
there shall be omitted the words “or, as the case may be, deputy head teacher” and “or, as the case may be, acting deputy head teacher”; and
ii
for “may” there shall be substituted “shall”; and
b
after paragraph (6) there shall be inserted —
6A
Where the post of deputy head teacher has not been filled, or it appears to the Governing Body that the post will not be filled, by an appointment made in accordance with the preceding provisions of this Article before the date on which the post falls vacant, the Governing Body may, pending the making of such an appointment, appoint a person as acting deputy head teacher.
.
13
In Article 21, paragraph (2) shall be omitted.
14
Appendix 1 shall be omitted.
15
In Appendix 2 —
a
after paragraph 2 there shall be inserted —
2A
1
Subject to sub-paragraphs (2) and (3) below, an appeal committee shall meet to consider an exclusion appeal —
a
within the period ending with the fifteenth school day after the day on which the appeal is lodged; or
b
if the Governing Body has determined a shorter period, within that period.
2
The Governing Body may extend the period within which an appeal committee are to consider an exclusion appeal where —
a
the pupil who is the subject of the appeal (if he is aged eighteen years or over) or his parent (if he is not) requests them to do so; and
b
they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.
3
Sub-paragraph (1) above does not apply where the notice of appeal was lodged before 1st September 1994.
4
In this Appendix, “exclusion appeal” means an appeal against a decision of the Discipline Committee under Article 11(2) not to reinstate a pupil following his permanent exclusion from the School.
;
b
in paragraph 5, for “and the Head Teacher” there shall be substituted “the Head Teacher and, in the case of an exclusion appeal, the local education authority to whose area the pupil belongs”; and
c
after paragraph 5 there shall be inserted —
5A
1
Subject to sub-paragraphs (2) and (3) below, in the case of an exclusion appeal the decision of an appeal committee and the grounds on which it is made shall be communicated by the committee to the persons referred to in paragraph 5 above within —
a
the period ending with the seventeenth school day after the day on which the appeal is lodged; or
b
if the Governing body has determined a shorter period, that period.
2
Where the Governing Body extend the period for the consideration of an appeal in accordance with paragraph 2A(2) above, they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.
3
This paragraph shall not apply where the notice of appeal to which the decision relates was lodged before 1st September 1994.
.
Eric Forth
Minister of State,
Department for Education
2nd August 1994
John Redwood
Secretary of State for Wales
4th August 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Amendment of Regulations
2
Regulation 26 of the Local Authorities (Capital Finance) Regulations 1990 (minimum revenue provision for financial years beginning on or after 1st April 1991) shall be amended as follows —
a
in paragraph (1), by the substitution for the words “Subject to paragraphs (5) to (9) below,” of the words “Subject to paragraphs (5) to (11) below,”;
b
in paragraph (7), by the substitution for the words “Subject to paragraph (8) below,” of the words “Subject to paragraphs (8) and (10) below,”;
c
after paragraph (9), by the addition of the following paragraphs —
10
In relation to a local authority which is a London borough council or the Common Council of the City of London, P in the formula in paragraph (7) above shall, in respect of the financial year beginning on 1st April 1994 only, be reduced by an amount equal to the product of the authority’s deemed debt and 0.035.
11
Paragraph (9) shall apply to determine an authority’s deemed debt for the purposes of paragraph (10) above as if the references to “1993” in sub-paragraphs (a) and (b) were instead references to “1994”.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th March 1994


text:
1
This Scheme may be cited as the (M1) Motorway (Lockington) Connecting Roads Scheme 1994 and shall come into force on 29th March 1994.
2
In this Scheme:
a
“connecting road” means a special road along a route described in the Schedule to this Scheme;
b
“the Motorway” means the M1 Motorway;
c
“the plan” means the plan folio, containing one site plan numbered HA16/EM7 marked “The (M1) Motor– way (Lockington) Connecting Roads Scheme 1994”, 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;
d
“the special roads” means each connecting road; and
e
“the main new road” means the new trunk road which the Secretary of State for Transport proposes to construct, referred to in article 2(2)(i) of the A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass and Slip Road) ( No. 3) Order 1994 .
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
14th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borders Community Health Services National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Borders Community Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Borders Community Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities specified in the Schedule to this Order and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Borders Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Borders Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Borders Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swansea National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th April 1994.
2
In this Order —
“the Authority” means West Glamorgan Health Authority;
“the Trust” means Swansea 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 14th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th April 1994 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
24th March 1994


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) Order 1994 and shall come into force on 19th December 1994.
2
The Czech Republic and Slovakia are hereby designated as parties to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd November 1994


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Fees) (Amendment) Rules 1994 and shall come into force on 28th October 1994.
2
The Schedule to the Trade Marks and Service Marks (Fees) Rules 1992 is amended by inserting in the third column thereof, in relation to the item “TM7” appearing under the first column thereof, the figure “200”.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
29th September 1994
We sanction the making of these Rules
Andrew Mitchell
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
5th October 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Special Schools Conducted by Education Associations) Regulations 1994 and shall come into force on 9th May 1994.
2
In these Regulations —
“ the Act ” means the Education Act 1993; and
“the relevant provisions of Chapter III of Part II of the Act” means sections 38, 39, 41 (other than subsection (5)), 42, 43 (other than subsections (4), (7) and (9)), 44, 45 (other than subsection (3)), 46 (other than subsection (6)) and 47 of the Act.
Application of sections 220 to 227 of the Act to maintained special schools
2
1
Sections 220 to 227 of the Act shall have effect in relation to maintained special schools as they have effect in relation to county schools with the following modifications.
2
In section 221 —
a
in subsection (2)(a) for the reference to a grant-maintained school there is substituted a reference to a grant-maintained special school;
b
in subsection (4) for the reference to grant-maintained schools there is substituted a reference to grant-maintained special schools and for the reference to schools conducted by education associations there is substituted a reference to special schools so conducted; and
c
subsections (5) and (6) are omitted.
3
In section 222(3) for the words “in the character or premises of” there is substituted the word “to” and for the references to Chapter VII of Part II of the Act there are substituted references to sections 183 to 185 of the Act.
4
In section 226(2)(a) for the reference to a grant-maintained school there is substituted a reference to a grant-maintained special school.
Transfer to education associations of responsibility for conduct of maintained special schools
3
Section 35 and the relevant provisions of Chapter III of Part II of the Act shall have effect in relation to the transfer to an education association under section 220 of the Act of responsibility for the conduct of a maintained special school as they have effect in relation to the transfer to a governing body incorporated under Chapter II of that Part of responsibility for the conduct of a county school with the modifications made by Schedule 1 to these Regulations, save that, in the case of a transfer to an education association of a maintained special school which is established in a hospital, section 38 of the Act shall have effect with the additional modification that the words “used or” in subsection (2)(a) are omitted.
4
The Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993 shall have effect in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a maintained special school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date as they have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the following modifications —
a
in regulation 3(1), for the reference to the implementation date there is substituted a reference to the transfer date;
b
regulations 3(2) and 4(4) are omitted;
c
for regulation 4(5) and (6) there is substituted the following —
5
The education association shall —
a
interview such applicants for the post as they think fit; and
b
where they consider that it is appropriate to do so, appoint one of the applicants interviewed by them.
6
If the education association do not appoint any of the applicants interviewed by them, they —
a
may, if they think fit, re-advertise the vacancy in the manner required by paragraph (3) above; and
b
whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph (5) above.
;
d
in regulation 5(3), for the reference to the implementation date there is substituted a reference to the transfer date; and
e
in regulation 7(1)(d), for the reference to the school becoming grant-maintained there is substituted a reference to the school beginning to be conducted by the education association.
5
Where —
a
proposals for a prescribed alteration of a maintained special school have been approved under section 184 of the Act, and
b
the school begins to be conducted by an education association before the proposals are implemented, —
the proposals shall be treated for the purposes of Part III of the Act as if notice of them had been given by the education association under section 183(6) and they had been approved under section 184, and they shall be implemented in accordance with any particulars approved under section 185.
6
No proposals under section 183(2)(b) or (c) of the Act shall be made in respect of a school in relation to which an order under section 220 of the Act has been made.
Conduct of special schools by education associations
7
Notwithstanding regulation 2(2)(b) above, sections 183(3)(b) and (c), (4)(b) and (5)(c), 187 and 188(7) of, and Schedule 11 to, the Act and any regulations made under section 186 (other than under that section as it applies by virtue of section 228(4) of the Act in relation to a former maintained special school being conducted by an education association) of, or Schedule 11 to, the Act shall not apply in relation to the conduct of a special school by an education association.
8
1
The enactments mentioned in Schedule 2 to these Regulations shall have effect in relation to the conduct of a special school by an education association as they have effect in relation to the conduct of a grant-maintained school with the modifications made by that Schedule.
2
For the purposes of the Education (School Premises) Regulations 1981 a special school conducted by an education association shall be regarded as a special school, save that regulation 3(3) of those Regulations shall apply in relation to a special school so conducted as it does in relation to a grant-maintained school.
3
For the purposes of the School Teachers' Pay and Conditions Document 1993 , given effect by the the Education (School Teachers' Pay and Conditions) ( No. 2) Order 1993 , references in that Document to a grant-maintained school shall include a special school conducted by an education association; and such a school shall be regarded as a special school for the purposes of that Document.
9
Chapter I of Part I of the Education Reform Act 1988 (other than sections 2(1)(a), 6, 9(3) to (10) and 10(1)), sections 241(5) and 245 of the Act and the instruments mentioned in Schedule 3 to these Regulations shall have effect in relation to the conduct of a special school which is not established in a hospital and which is conducted by an education association as they have effect in relation to the conduct of a grant-maintained school with, in the case of those instruments, the modifications made by that Schedule.


text:
Citation and commencement
1
This Order may be cited as the Stonebridge Housing Action Trust (Area and Constitution) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Stonebridge Housing Action Trust (Area and Constitution) Order 1994”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the principal office of each of the Secretary of State for the Environment and the council of the London Borough of Brent.
Designation of housing action trust area
3
The area of land shown on the map bounded externally by a black line and edged internally with a stippled band is hereby designated as a housing action trust area.
Establishment of the Stonebridge Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the Stonebridge Housing Action Trust.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
26th July 1994


text:
Citation and commencement
1
This Order may be cited as the Tower Hamlets Housing ActionTrust (Transfer of Property) Order 1994 and shall come into forceon 31st March 1994.
Interpretation
2
In this Order —
“the council” means the council of the London Borough ofTower Hamlets;
“the map” means the map entitled “Map referred to inthe Tower Hamlets Housing Action Trust (Transfer of Property)Order 1994” of which prints, signed by an Under Secretary inthe Department of the Environment, are deposited and availablefor inspection at the principal office of the Secretary of Statefor the Environment, the council, and the trust;
“the transfer date” means 31st March 1994; and
“the trust” means the Tower Hamlets Housing ActionTrust.
Transfer of land
3
Subject to article 4 of this Order, the interest of thecouncil in the housing and other land within the area designatedas a housing action trust by the Tower Hamlets Housing ActionTrust (Area and Constitution) Order 1993 and shownon the map bounded externally by a black line and edgedinternally with a stippled band shall vest in the trust on thetransfer date together with all easements and rights vested inthe council which are annexed or appurtenant to the landtransferred by this order (or any part of the land).
Mortgages
4
The interest of the council in any mortgage effected inpursuance of a secure tenant’s right to a mortgage under section132 of the Housing Act 1985 shall not vest in thetrust.
Financial terms
5
1
On the transfer date the trust shall pay to the council£66,000 in respect of arrears of rent arising before thetransfer date under tenancies of any of the land transferred bythis Order.
2
If any part of the sum payable under paragraph (1) of thisarticle is unpaid, the trust shall further pay the councilinterest at such rate as may be prescribed by regulations undersection 32 of the Land Compensation Act 1961 whileit remains unpaid.
3
Payments to the council under this article shall not beregarded for the purposes of Part IV of the Local Government andHousing Act 1989 as sums received by the councilin respect of a disposal falling within section 58(1)(a) of theAct.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
10th March 1994


text:
1
The Cambridgeshire County Council (River Nene B1040 Dog–in–a–Doublet Bridge) Scheme 1994 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 plan are deposited at the offices of Cambridgeshire County Council, Shire Hall, Castle Hill, Cambridge CB3 0AP.
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 Cambridgeshire County Council (River Nene B1040 Dog–in–a–Doublet Bridge) Scheme 1994 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
30th November 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order —
“the Authority” means the Cornwall and Isles of Scilly Health Authority;
“the Trust” means the Cornwall Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 3rd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th May 1994


text:
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) Order 1994 and shall come into force on 1st April 1994.
2
The provisions of the Schedule hereto shall have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
22nd March 1994


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Electricity Supply Industry (Rateable Values) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“declared net capacity”, in relation to generating plant, means the highest generation of electricity (at the main alternator terminals) which can be maintained indefinitely without causing damage to the plant, less so much of that capacity as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt;
“generating plant”, in relation to a hereditament, means plant in or on the hereditament which is used or available for use for the purposes of generating electricity; and
“year” means a chargeable financial year.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Revocations and savings
4
1
Subject to paragraph (2), the following Orders are hereby revoked with effect from 1st April 1995 —
a
the Electricity Generators (Rateable Values) Order 1989 ;
b
the Electricity Supply Industry (Rateable Values) Order 1989 ;
c
the Gas and Electricity Industries (Rateable Values) (Amendment) Order 1990 ; and
d
the Electricity Supply Industry (Rateable Values) (Amendment) Order 1991 .
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the Orders mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of or for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58(f) of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
PART II
ELECTRICITY GENERATION: LOCAL LISTS
Application
5
1
This article applies to the class of hereditaments in relation to which the conditions in paragraph (2) are fulfilled.
2
The conditions mentioned in paragraph (1) are that —
a
the hereditament comprises land, plant or buildings used or available for use for the purpose of generating electricity, where —
i
such use is its sole or primary function; or
ii
its primary function is in connection with a scheme for the pr4duction for sale of both electrical power and heat; or
iii
its primary source of energy is the burning of refuse; and
b
the generating plant —
i
uses wind, tidal or water power as its primary source of energy; or
ii
if its primary source of energy is the burning of refuse and neither paragraph (i) nor paragraph (ii) of sub-paragraph (a) applies, has a declared net capacity of 25 megawatts or more; or
iii
has a declared net capacity of 500 kilowatts or more; and
c
the hereditament does not fall to be shown in a central rating list.
Rateable values
6
1
In the case of a hereditament falling within the class to which article 5(1) applies, paragraphs 2 to 2B(a) of Schedule 6 to the Act shall not apply and its rateable value in any year beginning on or after 1st April 1995 shall be an amount equal —
a
where the primary source of energy used by the plant is wind or tidal power, to £5,810 per megawatt of the declared net capacity of the generating plant, or
b
in any other case, to £11,620 per megawatt of its declared net capacity.
2
In sub-paragraphs (a) and (b) above, amounts in megawatts shall be expressed to the nearest hundredth part of a megawatt.
PART III
ELECTRICITY GENERATION, TRANSMISSION AND SUPPLY: CENTRAL LISTS
Interpretation
7
1
In this Part —
“ Central Lists Regulations ” means the Central Rating Lists Regulations 1994 ;
“class of English hereditaments” means those hereditaments falling to be shown in the central rating list for England by virtue of regulation 6(1) of and Part 2 of the Schedule to the Central Lists Regulations and occupied by the designated person as respects those hereditaments;
“class of Welsh hereditaments” means those hereditaments falling to be shown in the central rating list for Wales by virtue of regulation 6(2) of and Part 2 of the Schedule to the Central Lists Regulations and occupied by the designated person as respects those hereditaments;
“designated person” means a person designated by regulation 5(1) of and named in Part 2 of the Schedule to the Central Lists Regulations;
“recalculation factor” in relation to a class of English hereditaments or a class of Welsh hereditaments means the factor determined in relation to that class in accordance with article 9, 10 or 11, as the case may be;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order and “relevant preceding year” means the year preceding a relevant year; and
“standard formula” in relation to a class of English hereditaments or a class of Welsh hereditaments means the formula T + U where —
T is the amount specified in the Schedule to this Order in relation to that class; and
U is the recalculation factor applicable to that class in respect of the relevant year.
2
Any reference in this Part to hereditaments occupied by a person includes a reference, in the case of unoccupied hereditaments, to hereditaments owned by that person, references to occupation being construed accordingly.
3
Any reference in this Part or in the Schedule to a designated person by name is to the company bearing that name at the date that name is entered in the central rating list for England or the central rating list for Wales, as the case may be.
Rateable values
8
In the case of each class of English hereditaments and each class of Welsh hereditaments, paragraphs 2 to 2B of Schedule 6 to the 1988 Act shall not apply in any year beginning on or after 1st April 1995 and its rateable value —
a
in the year beginning on 1st April 1995, shall be the amount specified in relation to it in the Schedule; and
b
in any year beginning on or after 1st April 1996, shall be the amount produced by applying the standard formula in relation to that class.
Electricity generating hereditaments — recalculation factor
9
1
In relation to each class of English hereditaments listed in paragraph A of Part I and each class of Welsh hereditaments listed in paragraph A of Part II of the Schedule, except those falling within the class referred to in paragraph (2), the recalculation factor in respect of a relevant year shall be the figure produced for that class by applying the formula —
£ 11 , 620 ( D - d )
where —
D is the total declared net capacity of generating plant in or on the hereditaments occupied by the designated person as respects that class in England, or, as the case may be, in Wales, on 31st March in the relevant preceding year, and d is the total declared net capacity of generating plant in or on the hereditaments occupied by that person in England, or, as the case may be, in Wales, on 31st March 1995.
2
In relation to any class of English hereditaments and any class of Welsh hereditaments occupied by Nuclear Electric plc, the recalculation factor in respect of a relevant year shall be the figure produced by applying in relation to that class the formula —
£ 16 , 426 ( D - d )
where
D and d, respectively, have the meanings assigned to them in paragraph (1).
Electricity transmission hereditaments — recalculation factor
10
In relation to each class of English hereditaments listed in paragraph B of Part I and each class of Welsh hereditaments listed in paragraph B of Part II of the Schedule, the recalculation factor in respect of a relevant year shall be the figure produced for that class by applying the formula —
T ( k - K ) K
where —
T is the amount specified in relation to that class in the Schedule;
k is the estimated number of circuit kilometres of main transmission line occupied by the designated person as respects that class on 31st March in the relevant preceding year; and
K is the estimated number of circuit kilometres of main transmission line occupied by that person on 31st March 1995.
Electricity distribution hereditaments — recalculation factor
11
In relation to each class of English hereditaments listed in paragraph C of Part I and each class of Welsh hereditaments listed in paragraph C of Part II of the Schedule, the recalculation factor in respect of a relevant year shall be the figure produced for that class by applying the formula —
T ( v - V ) V
where —
T is the amount specified in relation to that class in the Schedule;
v is the estimated installed transformer capacity (measured in kilovoltamperes) of all the electricity transformation plant occupied by the designated person as respects that class on 31st March in the relevant preceding year; and
V is the estimated installed transformer capacity (measured in kilovoltamperes) of such plant on 31st March 1995.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th December 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Plaice and Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1994 and shall come into force on 19th August 1994.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing:
a
by any British fishing boat registered in the United Kingdom —
i
not exceeding 10 metres in length; or
ii
when used for the purpose of conveying persons wishing to fish for pleasure
within any part of a sea area; or
b
by any other British fishing boat —
i
not exceeding 10 metres in length; or
ii
when used for the purpose of conveying persons wishing to fish for pleasure within any part of a sea area which lies within British fishery limits ,
for:
i
sole (Solea solea) in sea areas ICES Sub-Areas II and IV ;
ii
sole (Solea solea) in sea areas ICES Division Vb and Sub-Areas VI , XII and XIV ;
iii
sole (Solea solea) in sea areas ICES Divisions VIIh, j and k; or
iv
plaice (Pleuronectes platessa) in sea areas ICES Divisions VIIh, j and k
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1995.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on12th August 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
16th August 1994
Roderick Richards
Parliamentary Under Secretary of State,
Welsh Office
16th August 1994
John Wheeler
Parliamentary Under Secretary of State,
Northern Ireland
16th August 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Austria) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Austria) Order 1970 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Austria) Order 1979 , have been made with the Government of the Republic of Austria with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Austria; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 and shall come into force on 1st January 1995 —
a
in the case of all of these Regulations, immediately after the coming into force of Council Regulation (EEC) No. 2309/93 and Council Directive 93/39/EEC ; and also
b
in the case of paragraphs 4, 5 and 6 of Schedule 7, immediately after the coming into force of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 .
2
In these Regulations:
“the Act” means the Medicines Act 1968 ; “the Community” means the European Community;
“Community marketing authorization” means a marketing authorization granted by the European Commission under Council Regulation (EEC) No. 2309/93 ;
“the EMEA” means the European Agency for the Evaluation of Medicinal Products established by Council Regulation (EEC) No. 2309/93 ;
“parallel import” means the import into the United Kingdom from another Member State of the Community of a medicinal product for human use in respect of which there has been granted a Community marketing authorization or a marketing authorization by another Member State of the Community and which has no difference having therapeutic effect from a medicinal product in respect of which a marketing authorization has previously been granted in the United Kingdom;
“the relevant Community provisions” means the provisions of —
Council Directive 65/65/EEC ;
Council Directive 75/318/EEC ;
Chapters I to II and V to VI of Council Directive 75/319/EEC and any Regulation adopted by the Commission under Article 15 of that Directive;
Council Directive 89/342/EEC ;
Council Directive 89/343/EEC ;
Council Directive 89/381/EEC ;
Council Directive 92/26/EEC ;
Council Directive 92/27/EEC ;
Council Directive 92/73/EEC ;
Regulation (EEC) No. 2309/93 and any Regulations adopted by the Commission under Article 15.4 or 22.1 of that Regulation,
as they have effect on the day these Regulations come into force;
“relevant medicinal product” means a medicinal product for human use to which Chapters II to V of Council Directive 65/65/EEC apply, and accordingly includes the industrially produced medicinal products mentioned in Article 2.2 of that Directive; and
“United Kingdom marketing authorization” means a marketing authorization granted by the licensing authority under these Regulations.
3
For the purposes of the definition of “relevant medicinal product” in paragraph (2) a medicinal product which is a herbal remedy is not industrially produced if —
a
it is, or is to be, sold or supplied in circumstances to which either section 12(1) of the Act or Article 2 of the Medicines (Exemptions from Licences) (Special and Transitional Cases) Order 1971 relate and has been manufactured or assembled only for sale or supply in those circumstances; or
b
the process to which the plant or plants are subjected in producing the product consists only of drying, crushing or comminuting, and the product is, or is to be, sold or supplied only as provided by section 12(2) of the Act.
4
Except where the contrary intention appears —
a
any reference in these Regulations to a marketing authorization includes a reference both to a United Kingdom marketing authorization (including a product licence having effect as such an authorization) and to a Community marketing authorization;
b
any reference in these Regulations to the variation of a marketing authorization includes a reference to a change in the requirements for labels or package leaflets; and
c
any reference in these Regulations to an application for the grant or renewal of a marketing authorization is a reference to an application made after the coming into force of these Regulations.
5
Expressions used in these Regulations which are also used in any of the relevant Community provisions shall, except where the contrary intention appears, and except in the case of ‘clinical trial’, have the same meaning as they have there, and related expressions shall be construed accordingly.
6
Subject to paragraph (5), section 11 of the Interpretation Act 1978 shall apply for the interpretation of these Regulations as if they were made in the exercise of a power conferred by the Act.
7
In these Regulations —
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number; and
b
any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.
Responsibility for Member States' functions under the Regulations and Directives
2
1
In so far as they relate to relevant medicinal products and fall to be performed by, or by any authority of, the United Kingdom, the functions of a Member State, or of the competent authority of a Member State, under any of the relevant Community provisions shall, subject to paragraph (2), be performed by the licensing authority.
2
Paragraph (1) shall not apply in so far as any such functions fall to be performed by the exercise of any powers or duties which are conferred by any provision of these Regulations, or by any provision of the Act as applied by these Regulations, on a person or body other than the licensing authority.
Marketing authorizations for relevant medicinal products
3
1
Except in accordance with any exception or exemption set out in the relevant Community provisions and subject to paragraphs 1 and 3 of Schedule 1 —
a
no relevant medicinal product shall be placed on the market; and
b
no such product shall be distributed by way of wholesale dealing,
unless a marketing authorization in respect of that product has been granted in accordance with the relevant Community provisions by the licensing authority or the European Commission, and is for the time being in force in accordance with those provisions.
2
Schedule 1 shall have effect for the purpose of making certain exceptions or exemptions from paragraph (1), and for imposing certain obligations in connection with such exceptions and exemptions.
Applications for the grant, renewal or variation of a United Kingdom marketing authorization
4
1
Every application for the grant, renewal or variation of a United Kingdom marketing authorization for a relevant medicinal product shall be made in accordance with the relevant Community provisions, subject to any provision of Community law affecting parallel imports, and the applicant shall comply with so much of the relevant Community provisions as impose obligations on applicants as are applicable to the application or the consideration of it.
2
Every application shall be made in writing, shall be signed by or on behalf of the applicant and shall, unless the licensing authority otherwise direct, be accompanied by any fee which may be payable in connection with that application.
3
In the case of an application for the grant of a marketing authorization, twenty-six copies, or such lesser number as the licensing authority may direct, of each application and of any accompanying material shall be supplied to the licensing authority in the English language, and where the application or any accompanying material has been translated from another language, also one copy of the application or the accompanying material, as the case may be, in the original language.
4
In the case of an application for the renewal of a marketing authorization, three copies of each application and of any accompanying material shall be supplied to the licensing authority, but in all other respects the applicant shall comply with the provisions of paragraph (3).
5
An application for the grant of a marketing authorization shall include a statement indicating —
a
whether the relevant medicinal product is one that should be available —
i
only on prescription;
ii
only from a pharmacy; or
iii
on general sale; and
b
what, if any, provisions of the authorization are proposed concerning the method of sale or supply of the product (including, in particular, any proposed restrictions affecting the circumstances of the use or promotion of the product).
6
For the purposes of point 8(a)(iii) of the second paragraph of Article 4 of the 1965 Directive, the period of 10 years there mentioned (period during which essentially similar products must have been on the market) shall apply to all relevant medicinal products.
7
An applicant shall not be entitled by virtue of point 8(a) of the second paragraph of Article 4 of the 1965 Directive to omit to provide any particulars or results if proper consideration of the application without them could not be carried out without prejudicing any rights which arise under any law relating to the protection of industrial and commercial property and which are enforceable in the United Kingdom.
8
The applicant for the grant or renewal of a United Kingdom marketing authorization must be established in the Community.
9
An application for the renewal of a marketing authorization shall be made not later than 3 months before the date on which the existing authorization expires.
Consideration, and grant or refusal, of an application for, or for renewal or variation of, a United Kingdom marketing authorization.
5
1
The licensing authority shall consider every application for the grant, renewal or variation by them of a marketing authorization in accordance with the relevant Community provisions, and shall grant, renew or vary, or refuse to grant, renew or vary the authorization in accordance with those provisions.
2
The licensing authority shall publish in the Gazette notice of every authorization granted by them.
3
Schedule 2 shall have effect to regulate the procedure for receiving advice and representations before granting, renewing or varying, or refusing to grant, renew, or vary, a marketing authorization.
4
A marketing authorization shall, unless previously renewed or revoked, be valid for the period (not exceeding five years) specified in it beginning with the date on which it is granted, but where an application for the renewal of such an authorization is made in accordance with Article 10 of the 1965 Directive the marketing authorization shall remain in force pending the decision of the licensing authority on that application.
Revocation, suspension or variation of a United Kingdom marketing authorization or the suspension of the use or marketing of medicinal products.
6
1
The licensing authority may and, where appropriate shall, subject to and in accordance with the relevant Community provisions, revoke, suspend or vary a marketing authorization for a relevant medicinal product.
2
The licensing authority may and, where appropriate, shall, subject to paragraph (3) and subject to and in accordance with the relevant Community provisions, by notice in writing to the holder of a marketing authorization for a relevant medicinal product, forthwith or from a date specified in the notice, suspend the use, supply or marketing within the United Kingdom of the product to which the authorization relates for a period specified in the notice.
3
In any case where the relevant Community provisions permit or require the suspension of the use, supply or marketing of a product until some decision or similar action is taken by the Community, the licensing authority may, instead of specifying a period in the notice, provide that the suspension is to apply until further notice.
4
Where the licensing authority, in accordance with paragraph (3) include a provision that the suspension is to apply until further notice, they shall, where the effect of the Community decision or action is that the product may continue to be used or, as the case may be, marketed, in the United Kingdom, promptly give the holder of the authorization written notice revoking the suspension forthwith or from such date specified in the notice as to comply with that decision or action.
5
Where, under the preceding provisions of this regulation or the provisions of Council Regulation (EEC) No. 2309/93 , the licensing authority or the European Commission revoke or suspend a marketing authorization, or where the licensing authority suspend the use, supply or marketing of a product, or where the relevant Community provisions so permit or require, the licensing authority may and, where appropriate, shall give written notice to the person who is or, immediately before its revocation or suspension, was the holder of the authorization, requiring him to take all reasonably practicable steps to —
a
inform wholesalers, retailers, medical practitioners, patients and others who may be in possession of relevant products of the revocation or suspension, the reasons for it, and the action (if any) to be taken to restrict or prevent further use, supply or marketing;
b
withdraw from the market in the United Kingdom and recover possession of such products within the time and for the period specified in the notice.
6
The licensing authority may require the holder of the marketing authorization to withdraw from the market in the United Kingdom specified batches only of a product to which a notice under paragraph (5) applies.
7
Schedule 2 shall have effect to regulate the procedure for receiving advice and representations before revocation, variation (otherwise than on the application of the holder) or suspension of a marketing authorization, and for notifying the holder of that authorization in accordance with the preceding provisions of this regulation.
8
The licensing authority shall publish in the Gazette notice of every decision by them to revoke an authorization.
Obligations of holders of marketing authorizations, and offences by holders of marketing authorizations and other persons
7
1
Every holder of a United Kingdom marketing authorization for a relevant medicinal product shall comply with all obligations which relate to him by virtue of the relevant Community provisions (apart from Regulation (EEC) No. 2309/93 ) including, in particular, obligations relating to providing or updating information, to making changes, to applying to vary the authorization, to pharmacovigilance, and to labels and package leaflets.
2
The holder of a marketing authorization shall maintain a record of reports of which he is aware of suspected adverse reactions in accordance with the relevant Community provisions which shall be open to inspection by a person authorised by the licensing authority, who may take copies of the record and, if the licensing authority so directs, the authorization holder shall furnish the licensing authority with a copy of any such reports of which he has a record or of which he is or subsequently becomes aware.
3
The holder of a marketing authorization shall keep such documents as will facilitate the withdrawal or recall from sale or supply of any relevant medical product to which the authorization relates.
4
Schedule 3 shall have effect to create certain criminal offences in connection with the obligations of applicants for, and holders of, marketing authorizations and other persons arising under the relevant Community provisions.
5
Where, by or under any provision of the relevant Community provisions or of these Regulations, a person is required to provide any information or furnish any document to the licensing authority and no time is specified in that provision within which that obligation is to be performed, it shall be performed within such time as may be specified in a written notice served on that person by the licensing authority.
6
The holder of a marketing authorization granted or renewed after the coming into force of these Regulations must be established in the Community.
Control of retail sale of supply of relevant medicinal products
8
1
Paragraphs (2) or (3) applies where a Community marketing authorization for a relevant medicinal product is subject to any condition or restriction which attaches to the authorization under Article 9.3(b) of Council Regulation (EEC) No. 2309/93 .
2
If the condition or restriction is to the effect that the product is to be sold or supplied only in accordance with a prescription given by a person who, in relation to the product, is an appropriate practitioner for the purposes of section 58 of the Act, the appropriate Ministers shall, subject to Article 3.4 of Council Directive 92/26/EEC (power to waive the application of the other provisions of that Article), give effect to the condition or restriction —
a
by exercising their powers under section 58 or 60 of the Act; or
b
where it appears to them that such an exercise would not be immediately practicable, by means of a written direction addressed to the holder of the authorization.
3
If the condition or restriction is not to that effect, the appropriate Ministers shall give effect to it —
a
by the exercise of any other statutory power available to them for that purpose; or
b
if there is no such power, by means of a written direction addressed to the holder of the authorization.
4
Except as provided by paragraph (2), the appropriate Ministers shall not exercise their powers under section 58(1) or, subject to paragraph (5), section 60 of the Act in relation to any relevant medicinal product for which a Community marketing authorization has been granted.
5
Paragraph (4) does not prevent the appropriate Ministers from exercising their powers under section 60 of the Act for the purposes mentioned in subsection (2) of that section.
Consequential and other amendments of the Act and the Medicines Act 1971
9
1
— Sections 3 and 4 of the Act shall have effect as if any reference to the Act included a reference to these Regulations.
2
Section 7 of the Act (dealing with medicinal products and product licences) shall not apply in relation to relevant medicinal products.
3
Section 23 of the Act (special provisions as to the effect of manufacturer’s licence) shall have effect as if any reference in subsection (1) to a product licence included a reference to a marketing authorization.
4
Section 58A of the Act (requirement to specify certain products for human use as prescription-only products) shall have effect as if in subsection (1) —
a
the reference to section 58(1) of the Act included a reference to section 60(1) of the Act;
b
the reference to a product licence included a reference to a marketing authorization;
c
the reference to the descriptions or classes specified for the purposes of section 58 of the Act included a reference to the descriptions or classes specified in regulations under section 60 of the Act.
5
Section 59 of the Act (special provisions in relation to new medicinal products) shall have effect as if —
a
any reference to a product licence granted under Part II of the Act included a reference to a marketing authorization granted under these Regulations; and
b
any reference to a product licence included a reference to such an authorization.
6
Section 61 of the Act (special restrictions on persons to be supplied with medicinal products) shall have effect as if the reference to a product licence included a reference to a marketing authorization.
7
Section 92 of the Act (scope of Part VI) shall have effect as if —
a
any reference in subsection (4) to a licence under Part II of the Act included a reference to a marketing authorization; and
b
the reference in that subsection to being engaged, in relation to medicinal products of the description in question, in any such activities as are referred to in that subsection included a reference to being engaged in putting medicinal products of that description on the market.
8
Section 103 of the Act (construction of references to specified publications) shall have effect as if any reference in subsection (2) to a licence granted under the Act included a reference to a marketing authorization.
9
The following provisions of the Act, namely —
a
the provisions amended by paragraphs (3) to (8); and
b
the other provisions of Parts III, VI and VII of the Act,
shall have effect as if all relevant medicinal products were medicinal products for the purposes of the Act (whether or not they would otherwise be so).
10
In relation to any medicinal product to which section 58A of the Act applies by virtue of paragraph (4) and in respect of which a Community marketing authorization has been granted —
a
that section shall have effect as if subsections (3) and (4) were omitted;
b
section 58 of the Act (medicinal products on prescription only) shall have effect as if subsection (6) were omitted;
c
section 60 of the Act (restricted sale, supply and administration of certain medicinal products) shall have effect as if subsection (7) were omitted;
d
each of those sections shall have effect subject to the provisions of paragraph (4) of regulation 8 above; and
e
section 129 of the Act (orders and regulations) shall have effect as if subsection (6) were omitted.
11
The provisions of the Trade Description Act 1968 shall apply to the application of a trade description to goods subject to a marketing authorization in the same way as, by virtue of section 2(5)(b) of that Act, they apply to the application of a trade description to goods subject to any provision made under Part V of the Act.
12
Section 1 of the Medicines Act 1971 (fees payable for purposes of Part II of the Act) shall have effect as if —
a
in subsection (1), the reference to any application in pursuance of the Act for a licence under Part II of the Act or for the variation or renewal of such a licence included a reference to any application under these Regulations for a marketing authorization or for the variation or renewal of such an authorization; and
b
in subsection (2)(b), any reference to a licence under Part II of the Act included a reference to a marketing authorization under these Regulations.
13
Section 19 of the Consumer Protection Act 1987 (interpretation of Part II) shall have effect as if in subsection (1) in the definition of “licensed medicinal product”, the reference to any medicinal product within the meaning of the Medicines Act 1968 in respect of which a product licence within the meaning of that Act is for the time being in force, included a reference to a relevant medicinal product in respect of which a United Kingdom marketing authorisation under these Regulations or a Community marketing authorisation is for the time being in force.
14
Section 1 of the Food Safety Act 1990 (meaning of “food” and other basic expressions) shall have effect as if in paragraph (d)(i) of subsection (2), the reference to medicinal products within the meaning of the Medicines Act 1968 in respect of which product licences within the meaning of that Act are for the time being in force, included a reference to relevant medicinal products in respect of which United Kingdom marketing authorizations under these Regulations or Community marketing authorizations are for the time being in force.
Application of enforcement provisions of the Act
10
1
Subject to paragraph (2) below, the following provisions of Part VIII of the Act (which provide for enforcement of the Act), namely, sections 107 to 109, section 110 except subsection (4), sections 111 to 116, section 118, section 119, sections 121 to 127 and Schedule 3, shall apply for the purposes of these Regulations as they apply for the purposes of the Act.
2
Those provisions as so applied shall have effect —
a
with the modifications specified in Schedule 4 to these Regulations; and
b
as if all relevant medicinal products were medicinal products for the purposes of the Act (whether or not they would otherwise be so).
Other Schedules to have effect
11
The following Schedules shall have effect, namely Schedule 5 (labels), Schedule 6 (transitional provisions) and Schedule 7 (consequential amendments to regulations).
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lomond Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order —
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Lomond Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Lomond Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as Vale of Leven District General Hospital, Alexandria, Dumbarton Joint Hospital and Dumbarton Cottage Hospital, both Dumbarton and Helensburgh Victoria Infirmary, Helensburgh and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Argyll and Clyde Health Board shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Argyll and Clyde Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Argyll and Clyde Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


text:
Title and commencement
1
This Order may be cited as the Immigration (European Economic Area) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“ 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 national” means a national of a State which is a Contracting Party to the European Economic Area Agreement other than the United Kingdom, but until the EEA Agreement comes into force in relation to Liechtenstein does not include a national of the State of Liechtenstein;
“EEA family permit” means an entry clearance issued, free of charge, to a family member who wishes to instal himself in the United Kingdom with a qualified person;
“economic activity” means activity as a worker, self-employed person or provider or recipient of services;
“family member” in relation to an EEA national means —
that national’s spouse;
a descendant of that national or his spouse who is under 21 years of age or is their dependant; and
a dependent relative in the ascending line of the EEA national or his spouse;
“EEA State” means a State which is a Contracting Party to the European Economic Area Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“military service” means service in the armed forces of an EEA State;
“residence permit” and “residence document” means a permit or document issued by the Secretary of State as proof of the holder’s right of residence in the United Kingdom;
“the 1971 Act ” means the Immigration Act 1971 ;
“visa national” means a national or citizen of one of the countries or territorial entities for the time being specified in the rules made under section 3 of the 1971 Act about visa requirements for the United Kingdom.
2
In paragraph (1) “spouse” does not include a party to a marriage of convenience.
3
In this Order unless the context otherwise requires a reference to an article or Schedule is a reference to an article of, or Schedule to, this Order; and within an article a reference to a paragraph is to a paragraph of that article.
Right of admission to United Kingdom of EEA nationals and family members
3
1
Subject to article 15(1), an EEA national shall be admitted to the United Kingdom if he produces, on arrival, a valid national identity card or passport issued by another EEA State.
2
Subject to article 15(1) and paragraph (3), a family member of an EEA national shall be admitted to the United Kingdom if he produces, on arrival, a valid national identity card issued by an EEA State or a valid passport and, if required, proof that he is such a family member.
3
A family member who is not an EEA national must also hold, if he is a visa national or a person who seeks to be admitted to instal himself with an EEA national, an EEA family permit.
Right of Residence
4
1
A qualified person shall be entitled to reside in the United Kingdom, without the requirement for leave to remain under the 1971 Act, for as long as he remains a qualified person.
2
A family member of a qualified person shall be entitled to reside in the United Kingdom, without the requirement for such leave, for as long as he remains the family member of a qualified person.
3
A qualified person and the family member of such a person may reside and pursue economic activity in the United Kingdom notwithstanding that his application for a residence permit or residence document (as the case may be) has not been determined by the Secretary of State.
Grant of Residence Permits
5
1
Subject to articles 10 and 16(1), the Secretary of State shall grant a residence permit to a qualified person on application and production of —
a
a valid identity card or passport issued by an EEA State; and
b
proof that he is a qualified person.
2
Subject to article 16(1), the Secretary of State shall grant a residence permit or residence document to a family member of a qualified person on application and production of —
a
a valid identity card issued by an EEA State or a valid passport;
b
in the case of a family member who is not an EEA national and who required an EEA family permit for admission to the United Kingdom, such a permit; and
c
in the case of a person not falling within paragraph (b), proof that he is a family member of a qualified person.
3
In the case of a worker the proof referred to in paragraph (1) may only be confirmation of the worker’s engagement from his employer or a certificate of employment.
Qualified Person
6
1
In this Order “qualified person” means an EEA national who undertakes in the United Kingdom the activities of —
a
a worker;
b
a self-employed person;
c
a provider of services;
d
a recipient of services;
e
a self-employed person who has ceased economic activity in the United Kingdom;
f
a self-sufficient person;
g
a retired person; or
h
a student.
2
For the purposes of paragraph (1) —
a
“a worker” means a worker within the meaning of Article 48 of the EC Treaty;
b
“a self-employed person” includes a person who seeks to pursue activity as a self-employed person;
c
“a provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 60 of the EC Treaty;
d
“a recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 60 of the EEC Treaty;
e
“a self-employed person who has ceased economic activity in the United Kingdom” means —
i
a person who —
aa
on terminating his economic activity in a self-employed capacity has reached the age at which he is entitled to a state pension,
bb
has pursued an activity in a self-employed capacity in the United Kingdom for at least twelve months prior to the termination of that activity, and
cc
has resided in the United Kingdom for more than three years; or
ii
a person who —
aa
has resided in the United Kingdom for more than two years, and
bb
has terminated his activity in a self-employed capacity as a result of a permanent incapacity to work; or
iii
a person who —
aa
has been continuously resident and continuously active in a self-employed capacity in the United Kingdom for three years, and
bb
is active in a self-employed capacity in the territory of another EEA State but who resides in the United Kingdom and returns to his residence at least once a week;
f
“a self sufficient person” means a person who —
i
does not enjoy a right of residence under any provision of Community law other than Council Directive 90/364 EEC,
ii
has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and
iii
is covered by sickness insurance in respect of all risks in the United Kingdom;
g
“a retired person” means a person who —
i
has pursued an activity as an employed or self-employed person, and
ii
is in receipt of —
aa
an invalidity or early retirement pension,
bb
old age benefits,
cc
survivor’s benefits, or
dd
a pension in respect of an industrial accident or disease,
which is sufficient to avoid his becoming a burden on the social security system of the United Kingdom, and
iii
is covered by sickness insurance in respect of all risks in the United Kingdom;
h
“a student” means a person who —
i
is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course,
ii
has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and
iii
is covered by sickness insurance in respect of all risks in the United Kingdom.
3
For the purposes of paragraph 2(e) —
a
periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service shall not be taken into account; and
b
periods of inactivity caused by circumstances outside the control of the self-employed person and periods of inactivity caused by illness or accident shall be treated as periods of activity in a self-employed capacity.
4
For the purposes of paragraphs 2(f) and (g), resources or income shall be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance.
Unemployment
7
1
A worker does not cease to be a qualified person on the ground of unemployment if —
a
he is temporarily incapable of work as a result of illness or accident, or
b
he is involuntarily unemployed and that fact is duly recorded by the relevant employment office.
2
A self-employed person does not cease to be a qualified person if he is temporarily incapable of work as a result of illness or accident.
Family members of self-employed persons who have ceased economic activity
8
A family member of a person referred to in article 6(1)(e) is a qualified person notwithstanding the death of that person if —
a
the family member resided with him before his death, or
b
where death took place before retirement, the self-employed person had resided continuously in the United Kingdom for at least two years or the death was the result of an accident at work or an occupational disease.
Family members of students
9
For the purposes of this Order, only the spouse and dependent children of a student are his family members.
No requirement to grant residence permit
10
The Secretary of State shall not be required to grant a residence permit to a person other than a qualified person nor to —
a
a worker whose employment in the United Kingdom is limited to three months and who, unless he is a worker to whom Council Directive 68/360 EEC applies, holds a document from his employer certifying that his employment is so limited;
b
a worker who is employed in the United Kingdom but who resides in the territory of another EEA State and who returns to his residence at least once a week;
c
a seasonal worker whose contract of employment has been approved by the Department of Employment; nor
d
a provider or recipient of services if the services are to be provided for no more than three months.
Form of residence permit and residence document
11
1
The residence permit granted to a worker or a worker’s family member who is an EEA national shall be in the form set out in Council Directive 68/360 EEC.
2
A residence document issued to a family member who is not an EEA national may take the form of a stamp in that person’s passport.
Residence permits
12
1
Subject to the following paragraphs, a residence permit shall be valid for at least five years.
2
In the case of a worker who is to be employed in the United Kingdom for less than twelve but more than three months, the validity of the residence permit may be limited to the duration of the employment.
3
In the case of a seasonal worker who is to be employed for more than three months the validity of the residence permit may be limited to the duration of the employment if the duration is indicated in the document confirming the worker’s engagement or in a certificate of employment.
4
In the case of a provider or recipient of services the validity of the residence permit may be limited to the period during which the services are to be provided.
5
In the case of a student the residence permit shall be valid for a period which does not exceed the duration of the course of study; but where the course lasts for more than one year the validity of the residence permit may be limited to one year.
6
In the case of a retired person or a self-sufficient person the validity of the residence permit may be limited to an initial period of two years, which may be extended for a further three years.
7
The validity of a residence permit shall not be affected by absence from the United Kingdom for no more than six consecutive months or absence from the United Kingdom on military service.
Renewal of residence permit
13
1
Subject to paragraphs (2) and (3) and article 16(1), a residence permit shall be renewed on application.
2
On the occasion of the first renewal of a worker’s residence permit the validity may be limited to one year if the worker has been involuntarily unemployed in the United Kingdom for more than one year.
3
In the case of a student whose residence permit is limited to one year by virtue of article 12(5), renewal may be for periods limited to one year.
Duration and renewal of residence permit or residence document granted to family members
14
The family member of an EEA national shall be entitled to a residence permit or residence document of the same duration as the residence permit granted to the qualified person of whose family he is a member; and the family member’s residence permit or residence document shall be subject to the same terms as to renewal.
Exclusion and removal from the United Kingdom
15
1
A person shall not be entitled to be admitted to the United Kingdom by virtue of article 3 if his exclusion is justified on grounds of public policy, public security or public health; and, subject to article 20(2), such a person may appeal against the refusal of admission as if he were a person refused leave to enter and entitled to appeal by virtue of section 13(1) of the 1971 Act, but he may not appeal so long as he is in the United Kingdom.
2
An EEA national and the family member of such a person may be removed from the United Kingdom —
a
on his ceasing to be a qualified person or the family member of such a person (as the case may be); or
b
if his removal is justified on the grounds of public policy, public security or public health,
but he may appeal against the decision to remove him —
i
if he is a person to whom paragraph (a) applies, as if he were a person in respect of whom the Secretary of State had decided to make a deportation order and were entitled to appeal by virtue of section 15(1)(a) of the 1971 Act; or
ii
if he is a person to whom paragraph (b) applies as if he were entitled to appeal as aforesaid but subject to article 20(2) and section 15(7) of the 1971 Act.
Refusal to grant, and revocation of, residence permit or residence document
16
1
The Secretary of State may refuse to grant a residence permit or residence document to a qualified person or the family member of such a person (as the case may be) if the refusal is justified on grounds of public policy, public security or public health.
2
The Secretary of State may withdraw the residence permit or residence document granted to an EEA national or the family member of such a person (as the case may be) if —
a
the revocation is justified on grounds of public policy, public security or public health; or
b
the person to whom the residence permit or residence document was issued has ceased to be a qualified person or the family member of a qualified person (as the case may be).
Public policy, public security and public health
17
Decisions taken on the grounds of public policy, public security or public health (the relevant grounds) shall be taken in accordance with the following principles —
a
the relevant grounds shall not be invoked to secure economic ends;
b
a decision taken on one or more of the relevant grounds shall be based exclusively on the personal conduct of the individual in respect of whom the decision is taken;
c
a person’s previous criminal convictions shall not, in themselves, justify a decision on grounds of public policy or public security;
d
a decision to refuse admission to the United Kingdom or to refuse to grant the first residence permit to a person on the grounds that he has a disease or disability shall be justified only if the disease or disability is of a type specified in Council Directive 64/221 EEC.
e
a disease or disability contracted after a person has been granted a first residence permit shall not justify a decision to refuse to renew his residence permit or a decision to remove him.
f
a person shall be informed of the grounds of public policy, public security or public health upon which the decision taken in his case is based unless it would be contrary to the interests of national security to do so.
Appeals
18
Subject to article 20(2), an EEA national or the family member of such a person —
a
who is refused a residence permit or residence document, or
b
whose residence permit or residence document is withdrawn,
may appeal against the refusal and section 14(1) of the 1971 Act shall apply to him as if he were a person who has a limited leave to enter or remain in the United Kingdom and appeals against a refusal to vary that leave.
Immigration (Carriers' Liability) Act 1987
19
The Immigration (Carriers' Liability) Act 1987 shall have effect in relation to a visa national required under this Order to hold an EEA family permit as it applies to a person required to hold a visa under the 1971 Act.
Application of the 1971 Act
20
1
An EEA national who is in the United Kingdom and the family member of such a person shall be treated as if he were a person who required leave to enter or remain in the United Kingdom under the 1971 Act on his ceasing to be a qualified person or the family member of a qualified person (as the case may be).
2
The following provisions of the 1971 Act shall have effect in relation to a person to whom the Order applies as they have effect in relation to a person who requires leave to enter or remain in the United Kingdom under that Act —
a
section 5 (procedure for deportation);
b
section 13(5) (exclusion conducive to the public good);
c
section 14(3) (departure conducive to the public good);
d
section 15(3) (deportation conducive to the public good);
e
Schedule 2 (examination).
Asylum and Immigration Appeals Act 1993
21
Section 8 of the Asylum and Immigration Appeals Act 1993 (appeals to special adjudicator) shall have effect in relation to a person to whom this Order applies as it has effect in relation to a person who requires leave to enter or remain in the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council