text:
Citation and commencement
1
These Regulations may be cited as the Simple Pressure Vessels (Safety) (Amendment) Regulations 1994 and shall come into force on 1st January 1995.
Interpretation
2
In these Regulations —
“the CE Marking Directive ” means Council Directive 93/68/ EEC ; and
“the principal Regulations ” means the Simple Pressure Vessels (Safety) Regulations 1991 .
Interpretation of the principal Regulations
3
Regulation 2 of the principal Regulations is (in addition to the amendments made by regulations 4(b) and 6(a) below) hereby amended as follows: —
a
in paragraph (3) —
i
in the definition of “the Community” the word “Economic” shall be omitted;
ii
before the definition of “the Commission” there shall be inserted the following definition —
“the CE Marking Directive” means Council Directive 93/68/EEC ;
; and
iii
for the definition of “the Directive” there shall be substituted the following definition —
“the Directive” means Council Directive 87/404/EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels , as amended by —
Council Directive 90/488/EEC ; and
Articles 2, 14.1 and 14.2 of the CE Marking Directive;
; and
b
after paragraph (5), there shall be added the following paragraph —
6
In these Regulations, with respect to matters arising on or after 1st January 1994, a reference to the Community shall be read as a reference to the EEA , and a reference to a member State shall be read as a reference to an EEA State, and for the purposes of this paragraph —
a
the “EEA” means the European Economic Area;
b
an “EEA State” means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and
c
the “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.
.
Implementation of the CE Marking Directive
4
Subject to regulation 5 below, the principal Regulations are hereby amended as follows —
a
save in regulation 2(3), throughout the Regulations, the term “CE marking” shall be substituted for the term “ EC mark” wherever it occurs;
b
in regulation 2 —
i
in paragraph (3), the definition of “EC mark” shall be deleted;
ii
after paragraph (6), there shall be added the following paragraphs —
7
In these Regulations, a reference to “the CE marking”or “the CE conformity marking” is a reference to a marking consisting of the initials “CE” in the form shown in the specimen in Schedule 2 to these Regulations; and Schedule 2 shall have effect for making provision in relation to the affixing of the said marking and other matters incidental thereto.
8
In these Regulations, a reference to the identification number of an approved body is a reference to the identification number assigned to that body by the Commission pursuant to Article 9.1 of the Directive .
;
c
in paragraphs (1)(c) and (3)(b) of regulation 4, the word “properly” shall be omitted and at the end of both paragraphs there shall be added “, and it complies in all other respects with that Schedule”;
d
for regulation 5 there shall be substituted the following regulation —
Obligations of manufacturers, suppliers and importers.
5
1
Subject to the transitional and other exceptions in regulation 6 below, no person being —
a
the manufacturer of a vessel;
b
the manufacturer of a relevant assembly who imported the vessel incorporated therein from a country or territory outside the Community; or
c
the person who imported a vessel (other than the person mentioned in sub-paragraph (b) above) or relevant assembly from such country or territory,
shall supply such vessel unless it complies with regulation 4 above or such relevant assembly as the case may be unless the vessel incorporated therein so complies.
2
Subject to the same exceptions, no person shall, being the manufacturer of a vessel, himself take that vessel or a relevant assembly incorporating that vessel into service unless that vessel complies with regulation 4 above.
3
Subject to the same exceptions, no person shall, having imported a vessel or a relevant assembly from a country or territory outside the Community, himself take that vessel or a relevant assembly incorporating that vessel, or the first mentioned relevant assembly into service unless that vessel or the vessel incorporated into the relevant assembly complies with regulation 4 above.
4
Subject to the same exceptions, it shall be the duty of any person, not being a person mentioned in paragraph (1)(a) to (c) above, who supplies a vessel or relevant assembly to ensure that such vessel or relevant assembly as the case may be is safe.
5
No markings which are likely to deceive any person as regards the meaning and form of the CE marking shall be affixed to a vessel.
;
e
after paragraph (7) of regulation 11, there shall be added the following paragraph —
8
Where a United Kingdom approved body withdraws a type-examination certificate, it shall so inform the Secretary of State, giving its reasons, with a view to this information being passed by him to the Commission and the other member States.
;
f
for regulation 12, there shall be substituted the following regulation —
EC verification.
12
1
EC verification is the procedure whereby a manufacturer or his authorized representative established within the Community ensures and declares that the vessels which have been checked in accordance with paragraph (3) below are in conformity to the type described in the EC type-examination certificate or with the design and manufacturing schedule conforming with Schedule 3 of these Regulations having received a certificate of adequacy.
2
The manufacturer shall take all the necessary measures for the manufacturing process to ensure that the vessels conform to the type described in the EC type-examination certificate or to the design and manufacturing schedule.The manufacturer or his authorized representative established within the Community shall affix the CE marking to each vessel and draw up a declaration of conformity.
3
A United Kingdom approved body to which application is made for EC verification shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of the Directive by examination and testing of vessels in accordance with the following sub-paragraphs —
a
the manufacturer shall present his vessels in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced;
b
these batches shall be accompanied by the EC type-examination certificate, or, where the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule; in the latter case the approved body shall, prior to EC verification, examine the schedule in order to certify its conformity;
c
when a batch is examined, the approved body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule and perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1.5 times the vessel’s design pressure in order to check its soundness, and the following provisions shall apply, where appropriate, to such testing —
i
a pneumatic test shall be subject to acceptance of the test safety procedures by the member State in which the test is performed;
ii
the approved body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine the weld quality; such tests shall be carried out on longitudinal welds, unless differing weld techniques are used for longitudinal and circular welds, in which case, the tests shall be repeated on the circular welds;
iii
for vessels designed in accordance with the experimental method described in paragraph 9 of Part 2 of Schedule 1 to these Regulations these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the requirements of the said paragraph 9.
4
In the case of accepted batches —
a
the approved body shall affix, or cause to be affixed, its identification number to each recipient and draw up a written certificate of conformity relating to the tests carried out: Provided that the manufacturer may, under the responsibility of the approved body, affix the latter’s identification number during the manufacturing process;
b
all recipients in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.
5
If a batch is rejected by an approved body carrying out examination and testing in accordance with this regulation in the United Kingdom, the approved body shall take appropriate measures to prevent the putting on the market of that batch and, in the event of frequent rejection of batches, the approved body may suspend the statistical verification.
;
g
in regulation 14 —
i
paragraphs (1), (3) and (4) shall be omitted; and
ii
for paragraph (2) there shall be substituted the following paragraph —
2
A manufacturer who has obtained an EC certificate of conformity may commence series manufacture and apply the CE marking to vessels which he declares to be in conformity —
a
to the design and manufacturing schedule (submitted to the approved body pursuant to regulation 13(3)(b) above) on which a certificate of adequacy has been drawn up; or
b
the relevant approved prototype.
;
h
regulation 18 shall be omitted;
i
for regulation 19 there shall be substituted the following regulation —
Enforcement.
19
1
Subject to paragraph (2) below, Schedule 5 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Except in the case of a vessel which, in the opinion of an enforcement authority, is not safe, where an enforcement authority has reasonable grounds for suspecting that the CE marking has not been properly affixed to a vessel, it may give notice in writing to the manufacturer of that vessel or his authorised representative established in the Community, as the case may be, and, subject to paragraph (3) below, no action may be taken pursuant to Schedule 5 to these Regulations, and no proceedings may be brought pursuant to regulation 20(1) below, in respect of that vessel until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
Notwithstanding paragraph (2) above, for the purposes of ascertaining whether or not the CE marking has been properly affixed, action may be taken pursuant to the following provisions as they are applied by Schedule 5 —
a
in Great Britain in relation to vessels for use at work, section 20 of the Health and Safety at Work etc.Act 1974 ;
b
in Northern Ireland in relation to vessels for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978 ; and
c
in relation to vessels as consumer goods, section 29 of the Consumer Protection Act 1987 .
4
Notice which is given under paragraph (2) above shall —
a
state that the enforcement authority suspects that the CE marking has not been properly affixed to the vessel;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any vessel to which the notice relates conforms as regards the provisions concerning the proper affixation of the CE marking within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been properly affixed; and
d
warn that person that if the non-conformity continues after (or if satisfactory evidence has not been provided within) the period specified in the notice, further action may be taken under the Regulations.
5
For the purposes of this regulation, the CE marking is properly affixed to a vessel if —
a
it is affixed by the manufacturer or his authorized representative pursuant to regulation 12(2) above or by the manufacturer pursuant to regulation 14(2) above; and
b
that vessel complies with the requirements of regulation 4 above which apply to it.
;
j
in regulation 20(2)(a), the words “regulation 14(3) or” shall be omitted; and
k
for Schedule 2, there shall be substituted the following Schedule —
SCHEDULE 2
THE CE MARKING AND OTHER INSCRIPTIONS
Regulations 2(7) and 4
1
The CE conformity marking shall consist of the initials “CE” in the following form —
For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the CE marking.
2
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
3
The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
4
The CE marking, and the other inscriptions specified below, must be affixed in a visible, easily legible and indelible form, either to the vessel itself or to a data plate attached to the vessel in such a way that it cannot be removed.
5
The CE marking shall be followed by the identification number of the approved body responsible for EC verifications or EC surveillance.
6
The vessel or data plate must bear at least the following information —
the maximum working pressure (PS in bar);
the maximum working temperature (Tmax in °C);
the minimum working temperature (Tmin in °C);
the capacity of the vessel (V in litres);
the name or mark of the manufacturer;
the type and serial or batch identification of the vessel; and the last two digits of the year in which the CE marking was affixed.
Where the data plate is used, it must be so designed that it cannot be re-used and must include a vacant space to enable other information to be provided.
7
Subject to paragraph 8 below, where a vessel is the subject of other Community Directives covering other aspects and which also provide for the affixing of the CE marking, such marking shall indicate that the vessel in question is also presumed to conform to those other Directives.
8
Where one or more of the other Directives referred to in paragraph 7 above allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only to the Directives applied by the manufacturer.In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying such a vessel.
9
It shall be presumed that a vessel which bears the CE marking complies with all the provisions of the Directive, including the conformity assessment procedures referred to in Chapter II thereof (being the means whereby safety clearance is obtained pursuant to regulations 9 to 13 of these Regulations)
unless there are reasonable grounds for suspecting that it does not so comply.
10
Subject to the other provisions of these Regulations, any other marking may be affixed to the vessels or the data plate provided that the visibility and legibility of the CE marking is not thereby reduced.
.
Transitional provisions in respect of marking arrangements.
5
1
This regulation shall apply to make provision in respect of —
a
vessels first supplied in the Community before 1st January 1997; and
b
relevant assemblies incorporating vessels so supplied or, where the manufacturer of the relevant assemblies manufactured the vessels, relevant assemblies so supplied.
2
Where this regulation applies, the manufacturer or his authorized representative established within the Community, as the case may be, may elect to comply with the marking arrangements in force on 31st December 1994.
3
In the event of such election, in order to demonstrate compliance with the marking arrangements in force on 31st December 1994, the manufacturer or his authorized representative established within the Community, as the case may be, shall apply the principal Regulations (as amended by these Regulations) as if the amendments made by regulation 4(f) and (k) above had not come into force.
Other amendments to the principal Regulations
6
The principal Regulations shall also be amended as follows —
a
in regulation 2 —
i
the definition of “property” shall be omitted from paragraph (3); and
ii
for paragraph (5), there shall be substituted the following paragraph —
5
A reference in these Regulations to a relevant national standard is a reference to a national standard of a member State, being a standard which transposes a harmonized standard the reference number of which has been published in the Official Journal of the European Communities pursuant to Article 5.1 of the Directive.
;
b
for regulation 3(1), there shall be substituted the following paragraph —
1
Subject to paragraph (2) of this regulation, and regulation 6 below, these Regulations shall apply, and shall apply only, to vessels manufactured in series.
;
c
in regulation 4(4), after “persons” there shall be inserted “or domestic animals”;
d
at the end of regulation 4(5), for the words from “The instructions must be” to “first taken into service.” there shall be substituted the following —
The language of the instructions shall be (without prejudice to the instructions being also in any other language) as follows —
where the manufacturer believes (with reasonable cause) that the vessel is to be taken into service in a particular member State, in the official language or languages of that member State;
where (i) does not apply but the manufacturer believes (with reasonable cause) that the vessel is destined for a particular member State, in the official language or languages of that member State;
in any other case, in any official Community language.
;
e
in regulation 6 —
i
for paragraph (2), there shall be substituted the following paragraph —
2
These Regulations also do not apply in the case of a vessel or a relevant assembly if the supplier believes (with reasonable cause) that it will be taken into service in a country outside the Community.
; and
ii
after paragraph (4), there shall be added the following paragraph —
5
These Regulations do not apply to any vessel or relevant assembly which has previously been taken into service in the Community.
;
f
in regulation 24(1), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
taken into service,
; and
g
in Schedule 5 —
i
in the opening words of paragraph 1(b), after “21” there shall be inserted “22”;
ii
paragraph 1(b)(v), (vii) and (viii)(aa)(C) shall be omitted;
iii
for paragraph 1(b)(viii)(bb) there shall be substituted —
bb
subsection (1A) were omitted;
cc
in subsection (2), the reference to paragraph (d) of subsection (1) were omitted;
dd
subsection (2A) were omitted;
;
iv
paragraph 1(b)(viii)(cc) and (dd) shall be respectively relettered (ee) and (ff);
v
in the opening words of paragraph 2(b), after “23” there shall be inserted “24”;
vi
paragraph 2(b)(v), (vii) and (viii) (aa)(C) shall be omitted;
vii
for paragraph 2(b)(viii)(bb) there shall be substituted —
bb
paragraph (1A) were omitted;
cc
in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) were omitted;
dd
paragraph (2A) were omitted;
; and
viii
paragraph 2(b)(viii)(cc), (dd) and (ee) shall be respectively relettered (ee), (ff) and (gg).
Consequential amendment of the Provision and Use of Work Equipment Regulations 1992
7
For paragraph 25 of Schedule 1 to the Provision and Use of Work Equipment Regulations 1992( ), there shall be substituted the following —
25
Council Directive 87/404/EEC on the harmonisation of the laws of the member States relating to simple pressure vessels ( OJ No.L220, 8.8.87, p. 48) as amended by Council Directive 90/488/EEC (OJ No.L270, 2.10.90, p. 25) and Article 2 of Council Directive 93/68/EEC (OJ No.L220, 30.8.93, p. 1).
.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
5th December 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Anglian Ambulance National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Cambridge Health Authority;
“the Trust” means the East Anglian Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd June 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under–Secretary of State
Department of Health
18th October 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Indonesia) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Republic of Indonesia 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 Indonesia;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Indonesia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium (Amendment) Regulations 1994, shall apply in Great Britain and shall come into force on 1st July 1994.
Amendments to the Suckler Cow Premium Regulations 1993
2
1
The Suckler Cow Premium Regulations 1993 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “Council Regulation 805/68” for the phrase “and Council Regulation ( EEC ) No. 125/93 ” substitute “, Council Regulation (EEC) No. 125/93 and Council Regulation ( EC ) No. 3611/93 ”; and
b
insert the following definition after the definition of “holding” —
“overgrazing” means grazing land with livestock —
in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree; or
in such numbers that the need for supplementary feeding leads to excessive trampling or poaching of the land by the animals or excessive rutting by vehicles used to transport the feed;
.
3
In paragraph (1) of regulation 3 (applications) substitute “9th December” for “11th December”.
4
Insert the following regulation after regulation 3 —
Overgrazing
3A
1
The number of suckler cows in respect of which premium may be paid to a producer for any given calendar year shall not exceed the number of suckler cows which the appropriate Minister notifies to the producer as being the number which the land on which those suckler cows are to be grazed and maintained during the retention period for them is in his opinion capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals to be grazed and maintained on that land in that period.
2
Where the appropriate Minister is satisfied that the number of suckler cows being grazed and maintained on land which is the subject of a notification made by him under paragraph (1) above exceeds the number of suckler cows specified in that notification he may withhold all premium payments otherwise payable to the recipient of the notification for the calendar year to which it relates.
3
In paragraph (1) above, the retention period for the suckler cows is that referred to in Article 4d(5) or as the case may be (6) of Council Regulation 805/68 and starting as indicated in Article 23 of Commission Regulation 3886/92.
.
5
In paragraph (3) of regulation 5 (powers of authorised persons) —
a
delete the word “and” at the end of sub-paragraph (b);
b
substitute a semi-colon followed by the word “and” for the full-stop at the end of sub-paragraph (c); and
c
insert the following sub-paragraph after sub-paragraph (c) —
d
inspect that land for the purpose of determining whether or not it has been subject to overgrazing.
.
6
In regulation 6 (assistance to authorised persons) substitute “by” for “under”.
7
In paragraph (d)(i) of regulation 9 (offences) substitute “under regulation 5” for “by regulation 4”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
10th June 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th June 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No.11 and Transitional Provisions) Order 1994.
2
In this Order —
“the 1991 Act ” means the Road Traffic Act 1991;
“the scheduled boroughs” means the City of London and the London boroughs whose names are included in the Schedule to this Order and a reference to the councils of the Scheduled boroughs includes, in relation to the City of London, the Common Council of the City of London;
“vehicle” has the meaning given by section 99(5) of the Road Traffic Regulation Act 1984 .
Commencement and transitional provisions
2
The following provisions of the 1991 Act shall come into force on 4th July 1994 in respect of each of the scheduled boroughs —
a
section 64, to the extent that it is not already in force;
b
section 65;
c
section 66, to the extent that it is not already in force;
d
section 69;
e
section 81, to the extent necessary for bringing into force the provisions of Schedule 7 brought into force by this article; and
f
paragraph 5 of Schedule 7, to the extent that that paragraph is not already in force.
3
Subsections (4) and (6) of section 67 of the 1991 Act shall come into force on 4th July 1994 for the purpose of the application of the subsections thereby inserted in relation to vehicles found in any of the scheduled boroughs.
4
Subection (2)(b) of section 68 of the 1991 Act shall come into force on 4th July 1994 for the purpose of the application of the subsection thereby inserted in relation to the councils of the scheduled boroughs.
5
1
In relation to a vehicle that is stationary in a designated parking place in one of the scheduled boroughs immediately before 4th July 1994, section 66(2) of the 1991 Act shall have effect for so long as it remains in that parking place as if the words “on or after 4th July 1994”were inserted after —
a
the word “left” in paragraph (a) of section 66(2),
b
the word “payable” in paragraph (b) of that subsection, and
c
the word “has” in paragraph (c) of that subsection.
2
Where a vehicle found in one of the scheduled boroughs has, pursuant to any enactment, been removed before 4th July 1994, sections 67 and 68 of the 1991 Act shall not apply in relation to that removal or to any storage or disposal of the vehicle as a consequence of that removal.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
3rd June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lanarkshire 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 Lanarkshire 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 Lanarkshire 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 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 Lanarkshire 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 Lanarkshire 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 Lanarkshire 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 Community Health Services, Southern Derbyshire 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 Southern Derbyshire Health Authority;
“the Trust” means the Community Health Services, Southern Derbyshire 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 1st April 1993, 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:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East London Mental Health National Health Service Trust (Change of Name and Miscellaneous Amendments) Order 1994 and shall come into force on 1st April 1994.
2
In this Order —
“ the Order ” means the South East London Mental Health National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Lewisham and Guy’s Mental Health National Health Service Trust instead of the South East London Mental Health National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2, for the words “South East London” there shall be substituted the words “Lewisham and Guy's”.
Amendment of the Order
3
1
For paragraph (2) of article 3 of the Order (nature and functions of the trust) there shall be substituted the following paragraph: —
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 authorities) shall be —
a
to own and manage hospital accommodation and services provided at Wardalls Grove, Avonley Road, London SE14 5ER and associated hospitals (including the management of teaching and research facilities);
b
to manage community health services provided from Wardalls Grove, Avonley Road, London SE14 5ER and to own the associated premises.
.
2
In article 4 of the order (directors of the trust) there shall be added at the end the words “, and, since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of those non-executive directors shall be appointed from the University of London”.
Transitional provisions
4
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
Citation and commencement
1
This Order may be cited as the British Gas plc (Rateable Values) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“British Gas” means the company registered at the date of this Order with the name British Gas plc;
“gas hereditaments” means non-domestic hereditaments occupied (or, if unoccupied, owned) by British Gas and required by virtue of regulation 6(1) of, and Part 3 of the Schedule to, the Central Rating Lists Regulations 1994 to be shown in a central rating list; and
“English gas hereditaments” means such hereditaments so required to be shown in the central rating list for England, and “Welsh gas hereditaments” means such hereditaments so required to be shown in the central rating list for Wales;
“relevant pipe-line” means any pipe-line occupied (or, if unoccupied, owned) by British Gas and having a design operating pressure exceeding 7 bars;
“relevant year” means a 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;
“the standard formula” means the formula T + U where —
T in respect of English gas hereditaments is £483,887,500 and in respect of Welsh gas hereditaments is £29,373,300; and
U is the recalculation factor determined under article 6 for the relevant year; 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. Revocation and savings.
4
1
Subject to paragraph (2), the British Gas plc (Rateable Values) Order 1989 is hereby revoked with effect from 1st April 1995.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the British Gas plc (Rateable Values) Order 1989 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 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.
Rateable values
5
In the case of gas hereditaments, paragraph 2 to 2B of Schedule 6 to the Act shall not apply in any year beginning on or after 1st April 1995 and —
a
in the year beginning on 1st April 1995, the rateable value of English gas hereditaments shall be £483,887,500 and the rateable value of Welsh gas hereditaments shall be £29,373,300; and
b
in each subsequent year, the rateable value of English gas hereditaments and Welsh gas hereditaments respectively shall be the amount produced in respect of that year by applying the standard formula.
Recalculation factor
6
The recalculation factor in relation to English gas hereditaments and Welsh gas hereditaments respectively in respect of any relevant year is the amount produced by calculating in accordance with the formula —
T ( y - Y Y )
where —
T has the value attributed by article 2;
Y is the estimated length of relevant pipe-line in the country in question on 31st March 1995; and
y is the estimated length of relevant pipe-line in the country in question on 31st March in the relevant preceding year.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Amendment of Regulations
2
The Council Tax (Administration and Enforcement) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Failure to pay instalments
3
In regulation 23, in paragraph (1), for sub-paragraphs (i) to (iii) there shall be substituted the following sub-paragraphs —
i
the amount which is the aggregate of the instalments which are due under the demand notice or any subsequent notice given under paragraph 10 of Schedule 1 andwhich are unpaid and the instalments that will become due within the period of seven days beginning with the day on which the reminder notice is issued;
ii
that the amount mentioned in sub-paragraph (i) above is required to be paid by him within the period mentioned in that sub-paragraph;
iii
the effect of paragraph (3) below and the amount that will become payable by him in the circumstances mentioned in that paragraph; and
iv
where the notice is the second such notice as regards the relevant year, the effect of paragraph (4) below.
.
Joint taxpayers' notice
4
In regulation 28, in paragraph (4), in the definition of “the adjusted amount”, for the words “difference between” there shall be substituted the words “lesser of”.
Liability orders: preliminary steps
5
In regulation 33 —
a
In paragraph (1), the words from “which is to be in addition” to “Part V, and” shall be deleted; and
b
for paragraph (3) there shall be substituted the following paragraph —
3
Nothing in paragraph (1) shall require the service of a final notice in the circumstances mentioned in paragraph (3) of regulation 23 (including that paragraph as applied as mentioned in regulation 28A(2)).
.
Commitment to prison
6
In regulation 47, for paragraph (6) there shall be substituted the following paragraphs —
6
If —
a
before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (6A) below is paid or tendered to the authority, or
b
after a term of imprisonment has been fixed and the issue of a warrant postponed, the amount (if any) the court has ordered the debtor to pay is paid or tendered to the authority, or
c
after a warrant has been issued, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor, if committed to prison, shall be released.
6A
The amount referred to in paragraph (6)(a) above is the aggregate of —
a
the appropriate amount mentioned in regulation 45(2) (or so much of it as remains outstanding), and
b
subject to paragraph (6B) below, the authority’s reasonable costs incurred up to the time of payment or tender in making one or more of the applications referred to in Schedule 6.
6B
For the purposes of paragraph (6A)(b) above, the authority’s reasonable costs in respect of any application shall not exceed the amount specified for that application in Schedule 6.
.
Relationship between remedies
7
In regulation 52, in sub-paragraphs (a) and (b) of paragraph (3), after the word “earnings” in each paragraph, there shall be inserted the words “, deductions under the Income Support Regulations” .
Joint and several liability: enforcement
8
In regulation 54 —
a
in paragraph (5) —
i
for the words “paragraph (6)” there shall be substituted the words “paragraphs (6) and (6A)”;
ii
the word “and” immediately preceding sub-paragraph (c) shall be deleted; and
iii
at the end there shall be added the following —
and
d
deductions may be made under the Income Support Regulations from any amount payable to one or more of them by way of income support.
;
b
in paragraph (6), after the word “taken” (in each place where it appears) there shall be inserted the words “under it”; and
c
after paragraph (6) there shall be inserted the following paragraphs —
6A
Where a liability order has been made against two or more joint taxpayers and an amount is payable to one of them by way of income support and —
a
deductions are being made under the Income Support Regulations from any such amount; or
b
an application under regulation 2 of those Regulations has been made in respect of him to the Secretary of State and remains undetermined,
no steps, or no further steps, by way of attachment of allowances or earnings, distress, commitment, bankruptcy or charging may be taken, under that or any other liability order, against him or any other of those joint taxpayers who is a member of his family.
6B
In paragraph (6A) above —
“income support” means income support within the meaning of the Social Security Contributions and Benefits Act 1992; and
“family” has the same meaning as in section 137(1) of that Act.
.
Costs connected with committal
9
After Schedule 5 there shall be added the following Schedule —
SCHEDULE 6
COSTS CONNECTED WITH COMMITTAL
Regulation 47(6A) and (6B)
(1) (2) Application Maximum costs
For making an application for the issue of a warrant: £55.00. For making an application for an arrest warrant with bail: £55.00. For making an application for an arrest warrant without bail: £70.00.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
17th February 1994
John Redwood
Secretary of State for Wales
24th February 1994


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Ozone Monitoring and Information Regulations 1994 and shall come into force on 21st March 1994.
2
These Regulations extend to the United Kingdom.
3
In these Regulations “the Directive” means Council Directive 92/72/ EEC on air pollution by ozone .
Measuring stations
2
1
The Secretary of State shall where appropriate designate or establish measuring stations to supply the data necessary for the implementation of the Directive.
2
The number and location of these stations shall be determined by the Secretary of State in compliance with Annex II to the Directive.
Measurement of ozone concentrations
3
1
In this regulation “the reference method” means the reference method specified in Annex V to the Directive.
2
The Secretary of State shall ensure that, at the measuring stations designated or established in accordance with regulation 2 above, concentrations of ozone in the ambient air are measured using either —
a
the reference method, or
b
any other method of analysis shown to produce measurement results equivalent to those obtained using the reference method.
3
The Secetary of State shall designate one or more laboratories to be responsible for evaluating, in relation to the reference method, the methods of analysis used in the United Kingdom.
4
The Secretary of State shall organise, at national level, intercomparisons between laboratories taking part in the collection and analysis of the data obtained from carrying out the measurements referred to in paragraph (2) above.
Informing the public if ozone concentration values are exceeded
4
In the event of the values given in points 3 and 4 of Annex I to the Directive being exceeded, the Secretary of State shall take the necessary steps for the public to be informed in accordance with Article 5 of, and Annex IV to, the Directive.
John Gummer
Secretary of State for the Environment
18th February 1994
John Redwood
Secretary of State for Wales
23rd February 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th February 1994
Patrick Mayhew
Secretary of State for Northern Ireland
24th February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 and shall come into force on the day after the day on which it is made.
2
In this Order “ the Act ” means the Local Government Act 1988.
Defined activities
2
1
In section 2(2) of the Act (defined activities) —
a
for paragraph (g) there shall be substituted the following paragraphs —
ff
supervision of parking,
g
repair and maintenance of vehicles,
gg
management of vehicles,
; and
b
after paragraph (h) there shall be inserted the following paragraphs —
i
security work,
j
legal services;
.
2
After paragraph 6 of Schedule 1 to the Act (competition) there shall be inserted the following paragraph —
Supervision of parking
6A
1
The following (and only the following) fall within section 2(2)(ff) above —
a
the fixing or giving of penalty charge notices under section 66 of the 1991 Act ;
b
the fixing or removal, or authorising the fixing or removal, of immobilisation devices under section 69 of the 1991 Act;
c
the removal, or the making of arrangements for the removal, of vehicles inpursuance of regulations under section 99 of the 1984 Act , where the removal is effected or arranged by parking attendants; and
d
the making of arrangements for the custody, release or disposal of vehicles whose removal is effected or arranged as mentioned in paragraph (c) above.
2
In this paragraph —
“the 1984 Act” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act” means the Road Traffic Act 1991 ;
“parking attendant” has the same meaning as in section 63A of the 1984 Act .
3
After paragraph 7 of that Schedule there shall be inserted the following paragraph —
Management of vehicles
7A
1
The following (and only the following) fall within section 2(2)(gg) above —
a
arranging for motor vehicles to be available to meet the requirements from time to time of a defined authority;
b
securing that the statutory provisions relating to registration, licensing, safety and insurance are complied with as respects motor vehicles so made available and that the drivers of such vehicles are duly licensed; and
c
arranging for the provision of fuel for, and the cleaning, repair and maintenance of, such vehicles.
2
In sub-paragraph (1) above references to motor vehicles do not include references to any which are to be used exclusively for the purposes of a defined authority’s functions as a police or fire authority.
3
In this paragraph references to motor vehicles include references to trailers; and “motor vehicle” and “trailer” have the same meanings as in paragraph 7 above.
4
After paragraph 9 of that Schedule there shall be inserted the following paragraphs —
Security work
10
1
The following (and only the following) fall within section 2(2)(i) above —
a
operating security controls in relation to persons entering or leaving land which is occupied by a defined authority or in which such an authority has an interest, or moving between different parts of such land; and
b
operating security patrols in respect of such land.
2
In sub-paragraph (1) above the references to land which is occupied by a defined authority or in which such an authority has an interest do not include references to —
a
any library, museum or art gallery;
b
any police establishment; or
c
in the case of the references in paragraph (a), any dwelling or residential establishment.
3
In sub-paragraph (2) above the reference to a library, museum or art gallery is a reference to —
a
one maintained under the Public Libraries and Museums Act 1964 ; or
b
one established under the Public Libraries Consolidation (Scotland) Act1887 , or one to which that Act applies.
4
In sub-paragraph (2) above “police establishment”, “dwelling” and, subject to sub-paragraph (5) below, “residential establishment” have the same meanings as in paragraph 2(2) above.
5
In sub-paragraph (2) above “residential establishment” includes, in relation to Scotland, a hostel provided under section 13 of the Education (Scotland) Act 1980 .
Legal services
11
1
The provision of legal services by legal staff falls within section 2(2)(j) above.
2
For the purposes of sub-paragraph (1) above, without prejudice to the generality of the term, “legal services” includes —
a
legal advice to any of the following, namely —
i
a defined authority or its elected members;
ii
any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and
iii
any officer or department of a defined authority;
b
legal advice to any other person in relation to the discharge of any functions of a defined authority;
c
legal work in or in connection with any criminal or civil proceedings before any court or tribunal or at any inquiry;
d
conveyancing work in relation to property of any kind;
e
legal work in connection with any of the following, namely —
i
contracts or agreements of any kind;
ii
matters relating to property of any kind;
iii
a defined authority’s insurance arrangements;
iv
statutory orders, notices and byelaws and, in Scotland, management rules under sections 112 to 118 of the Civic Government (Scotland) Act1982 ; and
v
local or personal Bills or, in Scotland, private legislation within the meaning of section 82 of the Local Government (Scotland) Act 1973 ; and
f
legal work in connection with the provision of a legal service for a defined authority otherwise than by a member of its own staff.
3
In sub-paragraph (1) above “legal staff” means any of the following, or any person under their management or control, namely —
a
solicitors, legal executives, barristers and advocates;
b
licensed conveyancers within the meaning of the Administration of Justice Act 1985 ; and
c
qualified conveyancers within the meaning of section 23 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 .
Legal services: supplementary provisions
3
1
For the purpose of interpreting paragraph (j) (as inserted by Article 2(1) above) of subsection (2) of section 2 of the Act, that section shall have effect as if forsubsection (6) there were substituted the following subsection —
6
Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if the total amount of such work performed by that employee occupies less than 50 per cent. of his working time.
2
For the purpose of determining whether any work falling within section 2(2)(j) of the Act is functional work, subsection (4) of section 3 of the Act (other definitions) shall have effect as if the words from “and”, in the first place where it occurs, to the end were omitted.
3
In relation to any work falling within section 2(2)(j) of the Act, paragraph (a) of subsection (4) of section 7 of the Act (the conditions) shall have effect as if the words from “and” to the end were omitted.
Works contracts: transitional provisions
4
1
Sections 4 and 5 of the Act (works contracts) shall have effect in respect of works contracts for work falling within paragraph (ff) of section 2(2) of the Act as if for the date 1st April 1989, wherever occurring in those sections, there were substituted the date specified in the following Table in relation to the area in which the work is to be carried out:
Area Date
England 1st October 1995 Wales 1st October 1997
2
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (gg) or (i) of section 2(2) of the Act as if for the date 1st April 1989, wherever occurring in those sections, there were substituted the date specified in the following Table in relation to the area in which the work is to be carried out:
Area Date
England 1st October 1995 Scotland 1st October 1997 Wales 1st October 1997
3
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (j) of section 2(2) of the Act as if for the date 1st April 1989, wherever occurring in those sections, there were substituted the date specified in the following Table in relation to the area in which the work is to be carried out:
Area Date
England 1st April 1996 Scotland 1st October 1997 Wales 1st April 1998
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th November 1994
John Redwood
Secretary of State for Wales
9th November 1994
Allan Stewart
Parliamentary Under-Secretary of State,
Scottish Office
9th November 1994


text:
1
These Regulations may be cited as the Education (Special Educational Needs) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
2
The Education (Special Educational Needs) Regulations 1994 are amended —
a
in regulation 11(6)(d) by substituting “regulation 6(1)(c)” for “regulation 6(c)”, and
b
in paragraph 2 of Part I of the form set out in Part B of the Schedule by substituting “10” for “8”.
Eric Forth
Parliamentary Under Secretary of State,
Department for Education
5th May 1994


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Fifth Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
In regulation 4(1)(b) of the Civil Aviation (Canadian Navigation Services) Regulations 1986 for the sum of “$83.65 Canadian” there shall be substituted the sum of “$92.02 Canadian”.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
26th May 1994
We consent to the making of these Regulations.
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Schools Conducted by Education Associations) (Initial Articles of Government) (Amendment) Regulations 1994 and shall come into force on 9th May 1994.
Amendment of Regulations
2
1
The initial articles of government set out in the Schedule to the Education (Schools Conducted by Education Associations) (Initial Articles of Government) Regulations 1993 are amended as follows.
2
For paragraph (1) of Article 4 there is substituted the following paragraph —
1
The Education Association and the Headteacher, in exercising their functions with respect to the conduct of the School, shall secure that, where duties are imposed on them under Chapter I of Part I of the 1988 Act relating to the curriculum for the School, they discharge those duties.
.
3
In Article 4(3)(a) for “the commumity” there are substituted the words “any community”.
4
For paragraph (1) of Article 5 there is substituted the following paragraph —
1
The Education Association shall make arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the School including, in particular, where duties are imposed on the Education Association under Chapter I of Part I of the 1988 Act, the discharge by them of those duties.
.
5
At the end of Article 7 there is added the following paragraph —
5
This Article does not apply where the School is a special school.
.
6
In paragraphs (1) and (3) of Article 8, after “Where”, there are inserted, in each case, the words “the School is not a special school and”.
7
At the end of Article 8 there is added the following paragraph —
4
Where the School is a special school the Education Association shall admit to the School as a pupil —
a
any child for whom a local education authority maintain a statement under section 168 of the 1993 Act which names the School; and
b
any other child whom they consider has special educational needs (within the meaning of section 156 of the 1993 Act) and whom they consider it appropriate, after consulting any local education authority with whom it appears to them that consultation is appropriate, to admit.
.
8
In Article 13(6), after the reference to Article 14(10), there is inserted “or (10A)”.
9
In Article 14(1), for “paragraph (10)” there is substituted “paragraphs (10) and (10A)”.
10
In Article 14(10) after “Where” there are inserted the words “the School is not a special school established in a hospital and”.
11
After Article 14(10) there is inserted the following paragraph —
10A
Where the School is a special school established in a hospital and the Education Association are of the opinion that it would be impracticable to hold an annual parents' meeting in a particular year they may refrain from holding such a meeting.
.
12
At the beginning of Article 16 there is inserted the following paragraph —
1
This Article applies in relation to premises of the School vested in the Education Association.
,
and paragraphs (1) to (12) of that Article are renumbered as paragraphs (2) to (13); and for the references in paragraphs (3) and (5) to paragraph (4) there are substituted references to paragraph (5), for the references in paragraphs (7) and (12)(b) to paragraph (5) there are substituted references to paragraph (6) and for the reference in paragraph (12)(a) to paragraph (8) there is substituted a reference to paragraph (9). (13) For paragraph 2(2) of Appendix 1 to te Schedule to the principal Regulations there is substituted the following —
2
Until the entry into force of section 168 of the 1993 Act, Article 8(1)(c) and (4)(a) shall have effect as if the references therein to section 168 of the 1993 Act were references to section 7 of the Education Act 1981 .
.
Eric Forth
Parliamentary Under Secretary of State,
Department for Education
11th April 1994
John Redwood
Secretary of State for Wales
13th April 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Hydrocarbon Oil (Amendment) (No. 2) Regulations 1994.
2
Regulations 1 and 2 shall come into force on 16th March 1994.
3
The remainder of these Regulations shall come into force on 18th March 1994.
Revocation
2
The Hydrocarbon Oil (Amendment) Regulations 1994 are hereby revoked.
Amendment of the Hydrocarbon Oil Regulations 1973
3
The Hydrocarbon Oil Regulations 1973 shall be amended as follows.
4
For regulation 18 there shall be substituted–
18
1
The following markers and colouring substance are prescribed for the purposes of regulation 17.
2
For gas oil the marker described in either paragraph (5)(a) or paragraph (5)(b) below.
3
For light oil the marker described in paragraph (5)(a) below.
4
For kerosene the marker described in either paragraph (5)(b) or paragraph (5)(c) below.
5
The markers are–
a
1,4–dihydroxyanthraquinone added in the proportion of not less than 1.75 kilograms per 1,000,000 litres of oil;
b
4–[N–ethyl–2–(1–isobutoxyethoxy)ethylamino]azobenzene added in the proportion of not less than 5 kilograms per 1,000,000 litres of oil; and
c
coumarin added in the proportion of not less than 2 kilograms per 1,000,000 litres of oil.
6
For gas oil and light oil the prescribed colouring substance is CI Solvent Red 24 as described in the Colour Index added in the proportion of not less than 4 kilograms per 1,000,000 litres of oil.
.
5
In regulations 20 and 21 the words “by Regulation 18” shall be omitted.
6
In regulations 28 and 29 for the words “either of the markers”, wherever they occur, there shall be substituted the words “any prescribed marker”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
10th March 1994


text:
1
This Order may be cited as the Free Zone (Port of Tilbury) Designation (Variation) Order 1994 and shall come into force on 25th August 1994.
2
The area designated a free zone by the Free Zone (Port of Tilbury) Designation Order 1992 shall be varied so as to consist of the area of 766.9 acres in the Borough of Thurrock in the County of Essex, shown enclosed by a red line on a map (being of a scale of 1:5000), marked “Map referred to in article 2 of the Free Zone (Port of Tilbury) Designation (Variation) Order 1994”, signed by a Collector of Customs and Excise and dated 16th May 1994.
3
The map referred to in article 2 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE19PJ (and a copy thereof at the offices of Port of Tilbury London Limited) in substitution for the map referred to in article 2 of the Free Zone (Port of Tilbury) Designation Order 1992.
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th August 1994


text:
1
This Order may be cited as the A564 Trunk Road (Stoke–Derby Route) (Derby Southern Bypass, Derby Spur, Junctions and Slip Roads) Amendment Order 1994 and shall come into force on 29th March 1994.
2
The Orders specified in the Schedule to this Order shall have effect with the amendments contained in that Schedule.
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 Argyll and Bute 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 Argyll and Bute 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 Argyll and Bute 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 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:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order —
“the Authority” means the East and North Hertfordshire Health Authority;
“the Trust” means the Bedfordshire and Hertfordshire Ambulance and Paramedic Service 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 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th May 1994


text:
1
This Order may be cited as the Margaret Danyers College (Incorporation) Order 1994 and shall come into force on 1st January 1995 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Margaret Danyers College” for the purpose of conducting from the operative date the existing educational institution of that name.
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1995, and the corporation shall conduct Margaret Danyers College from that date.
Gillian Shephard
Secretary of State for Education
23rd November 1994


text:
Title and commencement
1
1
This Order may be cited as the Racing Pigeons (Vaccination) Order 1994 and shall come into force on 1st April 1994.
2
The purpose of this Order is to give effect to article 17(3)
of Council Directive 92/66/ EC of 14 July 1992 introducing Community measures for the control of Newcastle disease so far as it relates to racing pigeons.
Extension of definition of “disease”
2
For the purposes of the Animal Health Act 1981 in its application to this Order the definition of “disease” in section 88(3) of that Act is hereby extended to included paramyxovirus 1 in pigeons.
Racing pigeons
3
1
An organiser of a pigeon show or race which takes place wholly or partly in Great Britain shall ensure that all racing pigeons entered for the race or show have been vaccinated with a suitable vaccine against paramyxovirus 1 in pigeons.
2
“Racing pigeon” means any pigeon transported or intended for transport from its pigeon house (that is, any installation used for keeping or breeding racing pigeons) to be released so that it may freely fly back to its pigeon house or to any other destination.
Enforcement
4
The provisions of this Order shall be executed and enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th March 1994
John Redwood
Secretary of State for Wales
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warrington Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th May 1994.
2
In this Order —
“the Authority” means the North Cheshire Health Authority;
“the Trust” means the Warrington Community Health Care 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 2nd March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th May 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
3rd May 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the National Health Service (Regional and District Health Authorities) (Miscellaneous Amendments) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations–
“the 1990 Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 ;
“the 1992 Regulations ” means the National Health Service (Appellate and Other Functions) Regulations 1992 .
Amendment of the 1992 Regulations
2
1
In regulation 2(1) of the 1992 Regulations (interpretation)–
a
the definition of “the Yorkshire Regional Health Authority” shall be omitted;
b
after the definition of “the Medical Regulations” there shall be inserted the following definition:–
“the Northern and Yorkshire Regional Health Authority” means the Regional Health Authority of that name established by the National Health Service (Regional Health Authorities) Order 1994 ;
.
2
In regulations 3 and 4 of the 1992 Regulations (functions exercisable, and exercise of functions, by Yorkshire Regional Health Authority) for each reference to the Yorkshire Regional Health Authority there shall be substituted a reference to the Northern and Yorkshire Regional Health Authority.
Amendment of the 1990 Regulations
3
For Part I of Schedule 1 to the 1990 Regulations (District Health Authorities in England with a university member) there shall be substituted the new Part I set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas Designation (Ynys Môn) (Welsh Language Provisions) Order 1994 and shall come into force on 1st September 1994.
2
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986;
“the designated area” means the area designated by article 3 of the Order ;
“the Order” means the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993 ;
“requirements” means requirements as to agricultural practices, methods and operations and the installation or use of equipment specified in an order made under section 18 of the Agriculture Act 1986 and which must be included in an agreement.
3
Except where otherwise expressly provided, any reference in this Order to a numbered Schedule shall be construed as a reference to the Schedule bearing that number in this Order.
Prescribed forms of words in Welsh for definitions, requirements, additional provisions and conservation plan operations
2
The requirements and definitions specified in Schedule 1 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and requirements respectively specified in article 2(1) of and Schedule 1 to the Order.
3
The additional provisions and definitions specified in Schedule 2 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and additional provisions respectively specified in article 2(1) of and Schedule 2 to the Order.
4
The additional provisions and definitions specified in Schedule 3 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and additional provisions respectively specified in article 2(1) of and Schedule 3 to the Order.
5
The conservation plan operations and definitions specified in Schedule 4 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and the conservation plan operations respectively specified in article 2(1) of and Schedule 4 to the Order.
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
20th July 1994
We consent,
Tim Kirkhope
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 1994


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) (1991-92) Regulations 1994 and shall come into force on 5th April 1994 but shall have effect for the year of assessment 1991-92 only.
2
Except for regulations 2, 3, 7 and 21(1) to (3), the Lloyd’s Underwriters (Tax) Regulations 1974 shall not have effect for the year of assessment 1991-92.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“inspector” includes any officer of the Board;
“managing agent” and “members' agent” have the meanings which they have in Schedule 19A;
“member” means an underwriting member of Lloyd's;
“Schedule 19A” means Schedule 19A to the Income and Corporation Taxes Act 1988;
“section 207” means section 207 of the Taxation of Chargeable Gains Act 1992 ;
“section 450” means section 450 of the Income and Corporation Taxes Act 1988 ;
“syndicate gains” means the chargeable gains accruing to a member on the disposal of assets forming part of a premiums trust fund;
“syndicate investment income” means the profits or gains arising to a member from assets forming part of a premiums trust fund;
“the Taxes Acts ” means the Taxes Management Act 1970 and —
the Tax Acts, and
the Taxation of Chargeable Gains Act 1992 and all other enactments relating to capital gains tax.
2
For the purposes of construing any reference in these Regulations to the year of assessment which corresponds to an underwriting year or to the underwriting year which corresponds to a year of assessment, an underwriting year and a year of assessment correspond to each other if the underwriting year ends in the year of assessment.
Assessment and collection: general
3
1
Subject to paragraph (2)
and regulations 4 to 7, the like provisions as are contained in the Taxes Acts relating to the assessment and collection of tax shall have effect in relation to tax charged in accordance with section 207 or section 450 as they have effect by virtue of regulation 9.
2
The like provisions as are specified in the first column of Schedule 1 to these Regulations shall have effect in relation to the assessment and collection of tax as if the modifications specified in the second column had been made.
Date for payment
4
1
Subject to paragraph (2) —
a
tax charged by an assessment on —
i
the profits or gains arising to a member from his underwriting business, and
ii
syndicate investment income,
shall be payable on or before 1st July 1995, and
b
tax charged by an assessment on syndicate gains shall be payable on or before 1st January 1995.
2
Tax charged by an assessment made less than 30 days before, or after, the date specified in sub-paragraph (a) or (b) of paragraph (1) shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
Reasonable excuse
5
1
For the purposes of Schedule 19A, a managing agent shall be deemed not to have failed —
a
to deliver a return of a syndicate profit or loss within the time specified in paragraph 2(2) of that Schedule , or
b
to deliver a return apportioning a syndicate profit or loss within the period referred to in paragraph 7(3) of that Schedule ,
if he delivered it within such further time, if any, as the inspector may have allowed.
2
For the purposes of paragraph 2B of Schedule 19A(e), a members' agent shall be deemed not to have failed to deliver a return of the member’s profit within the time specified in sub-paragraph (3) of that paragraph if he delivered it within such further time, if any, as the inspector may have allowed.
3
Where a managing agent or a members' agent had a reasonable excuse for not delivering such a return as is mentioned in paragraph (1) or (2), he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
6
The like provisions as are contained in section 113(1B)(a) of the Taxes Management Act 1970 shall apply to a determination or a notice of a determination under Schedule 19A as if the determination were an assessment and the notice of the determination were a notice of an assessment.
Error or mistake
7
1
If a members' agent alleges that a statement of the amount of tax payable in the case of a member’s profit under paragraph 2B(1)(c) of Schedule 19A was excessive because of some error or mistake in a return made by him under paragraph 2B(1) of that Schedule, he may by notice in writing at any time not later than six years after the end of the year of assessment 1993-94 make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter and having regard to all the relevant circumstances of the case, but subject to paragraph (3), give by way of repayment or otherwise such relief in respect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of an error or mistake as to the basis on which a syndicate profit or loss, or as the case may be a member’s profit, ought to have been computed where the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return was mae.
4
An appeal may be brought against the decision of the Board on the claim by giving written notice to the Board within 30 days of receipt of written notice of that decision, and the Special Commissioners shall hear and determine the appeal in accordance with the principles to be followed by the Board in determining claims under this regulation; and either the appellant or the Board shall be entitled to require a case to be stated under the like provisions as are contained in section 56 of the Taxes Management Act 1970 but only on a point of law arising in connection with the computation of the amount of tax payable in the case of the member’s profit.
5
In this regulation “return” includes the documents referred to in paragraph 2B(1)(a) and (b) of Schedule 19A.
Managing agents and members' agents
8
1
For the purposes of Schedule 19A and of these Regulations, if the person who is acting as a managing agent or a members' agent in respect of the underwriting year corresponding to the year of assessment 1991-92 is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as “the original agent”), then “managing agent” and “members' agent” have the meanings given to them by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2).
2
If the original agent ceases to act —
a
before the beginning of the year of assessment 1994-95, then “managing agent” and “members' agent” mean —
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment 1993-94, then “managing agent” and “members' agent” mean such person as the Board may determine having regard to all the circumstances.
Extension of time limits — member and spouse
9
Where a claim or election or application falls to be made by a member or his spouse (or both) under a provision specified in the first column of Schedule 2 to these Regulations, that provision shall have effect as if it imposed the extened time limit specified in the second column.
L J H Beighton
C W Corlett
Two of the Commissioners of Inland Revenue
14th March 1994


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1994 and shall come into force on 16th June 1994.
2
In this Order —
a
“the temporary provisions of the 1991 Act ” means Parts I to VIII of the Northern Ireland (Emergency Provisions) Act 1991 except —
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
ii
sections 63 and 64; and
iii
paragraph 20 of Schedule 4;
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The temporary provisions of the 1991 Act except section 34 and Schedule 3, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 16th June 1994.
Northern Ireland Office
P. B. B. Mayhew
One of Her Majesty~s Principal Secretaries of State
13th June 1994


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.1) (Fees of Solicitors) 1994 and shall come into force on 24th May 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Table of Fees
2
In Chapters I and III of the Table of Fees in rule 347 of the Rules of the Court of Session , for the fees and outlays set out in column 2 of the Schedule to this Act of Sederunt, as applying to the paragraphs set out in column 1 of that Schedule, there shall be substituted the fees and outlays set out in column 3 of that Schedule; and the fees and outlays so substituted shall apply to work done and outlays incurred, for which those fees and outlays are chargeable, on or after the date on which this Act of Sederunt comes into force.
Saving
3
The fees and outlays set out in column 2 of the Schedule to this Act of Sederunt shall continue to apply to work done and outlays incurred before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh
21st April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Residuary Body (Pits at Stone) Order 1994 and shall come into force on 31st December 1994.
2
In this Order —
“Bexley” means the council of the London Borough of Bexley;
“the Common Council” means the Common Council of the City of London in their capacity as a local authority;
“local council” means the council of a London borough;
“the Residuary Body” means the London Residuary Body;
“the total sum” has the meaning given by article 3(2); and
“the transfer date” means 3rd January 1995.
3
In this Order a reference to “relevant expenditure” is a reference to —
a
expenditure incurred in consequence of the provisions of this Order, including expenditure incurred before the transfer date in preparation for the transfer to Bexley of the rights and liabilities transferred to it by this Order, and
b
a sum representing interest on the relevant amount, calculated on a day to day basis, at the average rate.
4
For the purposes of paragraph (3) the relevant amount is the excess (if any) on any day of the sum of —
a
any relevant expenditure referred to in paragraph (3)(a) incurred on or before that day, and
b
any distribution under article 4(3) made on or before that day,
over the sum of —
a
the total sum on that day, and
b
any sum recovered under article 4(4) on or before that day.
5
For the purposes of paragraph (3) and articles 3(3) and 4(7) the average rate over any period is the average of the 7 day London Interbank Offer Rates (as published daily in the Financial Times) having effect during that period.
Transfer of property
2
On the transfer date all rights and liabilities of the Residuary Body in respect of Pits 9, 9A and 10, London Road, Stone, Kent, shall vest in Bexley.
Transfer of Greater London monies
3
1
On the transfer date the Residuary Body shall transfer to Bexley from balances held on its Greater London revenue account the sum of £500,000 (“the principal”).
2
The principal and the sum representing interest calculated as described in paragraph (3) (“the total sum”) and any sum recovered under article 4(4) shall be applied by Bexley only to defray relevant expenditure.
3
The sum representing interest shall be calculated on a day to day basis from the transfer date on an amount equal to the sum of —
a
the principal remaining on any day after deduction of —
i
any relevant expenditure incurred before that day, and
ii
any distribution under article 4(3) made before that day;
b
any interest compounded under this paragraph before that day;
c
any sum recovered under article 4(4) on or before that day;
at the average rate, and compounded on 1st April, 1st July, 1st October and 1st January in each financial year.
Apportionment of total sum and of expenditure of Bexley
4
1
In this article —
“the balance” means the total sum on the date of calculation less —
any relevant expenditure incurred on or before that date, and
any distribution under paragraph (3) made on or before that date;
“the date of calculation” means the date on which Bexley make the calculation required by paragraph (2);
“the difference” means the difference between the balance and the sum of the estimate and £200,000; and
“the estimate” means Bexley’s estimate of the relevant expenditure likely to be incurred over the five years following the date of calculation.
2
Within five years of the transfer date and at intervals of not more than five years thereafter, reckoning from the first date of calculation, Bexley shall calculate whether and by how much the balance exceeds the estimate.
3
If at the date of calculation the balance exceeds the estimate by at least £200,000 Bexley shall distribute the difference in the appropriate proportions among the local councils and the Common Council.
4
If in any financial year the balance is insufficient to meet any relevant expenditure of Bexley for that year that expenditure shall, to the extent that it is not met from that sum, be shared in appropriate proportions among the local councils and the Common Council; and the share attributable to each of the other local councils and the Common Council shall be recoverable by Bexley.
5
Recovery of the appropriate proportion referred to in paragraph (4) may be effected at any time whether or not that proportion has been included in any estimate given under paragraph (6).
6
Bexley shall —
a
by 31st January 1995 give to each local council and the Common Council its best estimate of the sum, if any, to be recovered by it from them under paragraph (4) in the financial year beginning on 1st April 1994, and
b
by 15th February in each financial year, commencing with the year beginning on 1st April 1994, give to each local council and the Common Council its best estimate of the sum, if any, to be so recovered in the next financial year.
7
Where expenditure is to be recovered by Bexley under paragraph (4) a demand setting out the amount payable by that Council shall be served on each local council and the Common Council, and if that sum has not been paid within 28 days, or such longer period as may be specified by Bexley, of service of the demand, interest shall be payable thereon calculated at the average rate on a day to day basis from that date to the date of payment and compounded with 3 monthly rests.
8
As soon as reasonably practicable after the end of each financial year Bexley shall send to each of the other local councils and the Common Council a statement showing —
a
the total relevant expenditure incurred by it under this Order in that financial year;
b
how that expenditure was financed; and
c
the total of the amounts recovered from each local council and the Common Council and any amounts yet to be recovered from any of those bodies.
9
For the purposes of this article the appropriate proportion in relation to any council in any financial year is the proportion which the council tax base of that council for that financial year bears to the council tax base of all the local councils and the Common Council for that financial year.
10
For the purposes of this article the council tax base of any council for a financial year is the amount calculated by that council as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the Local Government Finance Act 1992 .
11
Subject to paragraph (12), a local council and the Common Council shall —
a
by 15th January 1995 inform Bexley of its council tax base, determined in accordance with paragraph (10), for its area for the financial year beginning on 1st April 1994, and
b
by 31st January in each financial year, commencing with the financial year beginning on 1st April 1994, inform Bexley of its council tax base, determined in accordance with paragraph (10), for its area for the next financial year.
12
In any financial year neither a local council nor the Common Council need inform Bexley of its council tax base if the local councils and the Common Council have been informed by Bexley (by 8th January 1995 in the financial year beginning on 1st April 1994 and by 31st December in any other financial year) that Bexley does not consider it will need to recover any expenditure from, or make any distribution of the difference to, the local councils and the Common Council in the following financial year.
Signed by authority of the Secretary of State
David Curry
Minister of Local Government, Housing and Urban Regeneration,
Department of the Environment
6th December 1994