text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Competition) (Defined Activities) Order 1995 and shall come into force —
a
for the purposes of article 3 at the expiry of one month beginning on the day after the day on which it is made; and
b
for all other purposes on the day after the day on which it is made.
Defined activities
2
In section 2(2) of the Local Government Act 1988 (“The Act”) after paragraph (k) there shall be inserted the following paragraphs —
l
financial services;
m
information technology services;
n
personnel services.
3
1
In paragraph 2(2)(b) of Schedule 1 to the Act, for the words “police establishment” there shall be substituted the words “regional police establishment”.
2
For paragraph 2(6) of that Schedule there shall be substituted —
6
In sub-paragraph (2) above “regional police establishment” means a building or part of a building which, in pursuance of an agreement under section 13 of the Police Act 1964 or section 12 of the Police (Scotland) Act 1967 , is used by two or more police forces for the joint discharge by them of functions relating to the investigation of crime.
3
After paragraph 10(3) of that Schedule there shall be inserted —
3A
In sub-paragraph (2) above “police establishment” means a building or part of a building used by police for the performance of their functions (whether as a police station or police training establishment or otherwise).
4
In paragraph 10(4) of Schedule 1 to the Act the words “police establishment”, shall be omitted.
4
In Schedule 1 to the Act the following paragraphs shall be inserted at the end —
Financial services
13
1
The provision of services consisting of, or provided for the purposes of, or in connection with, any of the following, (and only the following) falls within section 2(2)(1) above, namely
a
financial 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
financial advice to any other person in relation to the discharge of any functions of a defined authority;
c
accounting services including, in particular, the completion of statutory accounts and the maintenance of appropriate financial records;
d
the administration of direct and indirect taxation for a defined authority;
e
the development and maintenance of financial information and management systems;
f
audit services including, in particular, liaison with external auditors and other appropriate bodies;
g
the administration, collection and recovery of non-domestic rates, council tax, water and sewerage charges or rates, community charges and general rates;
h
the provision of payroll facilities;
i
subject to sub-paragraph (2) below, the determination, administration and making of payments, including arranging abatements and rebates;
j
the collection of income and the recovery of debts;
k
the administration of a defined authority’s pension fund including, in particular, the management of investments and actuarial services;
l
the arrangement and management of borrowing and investment and the monitoring of cash-flow;
m
the administration of a defined authority’s insurance arrangements;
n
financial consultancy work including, in particular, research;
o
the procurement, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (n) above and are provided for a defined authority by any person.
2
The activities described in sub-paragraph (1)(i) above do not fall within section 2(2)(1) above where they relate to —
a
mandatory and discretionary awards made pursuant to the Education Act 1962 ;
b
education maintenance allowances payable pursuant to the Scholarship and Other Benefits Regulations 1977 or bursaries, scholarships or other allowances payable pursuant to section 49 of the Education (Scotland) Act 1980 ;
c
clothing grants payable pursuant to section 5 of the Education (Miscellaneous Provisions) Act 1948 or section 54 of the Education (Scotland) Act 1980;
d
free school meals and milk provided pursuant to section 22 of the Education Act 1980 or section 53 of the Education (Scotland) Act 1980; or
e
board and lodging fees payable pursuant to section 111 of the Education Reform Act 1988 or section 52 of the Education (Scotland) Act 1980.
Information technology services
14
1
The provision of information technology services falls within section 2(2)(m) above.
2
For the purposes of sub-paragraph (1) above, “information technology services” means services which are designed to secure for a defined authority the availability or application of information technology.
3
Without prejudice to the generality of sub-paragraph (2) above, information technology services include services which consist of or are provided for the purposes of, or in connection with, any of the following
a
giving advice in relation to information technology to any of the following —
i
a defined authority or its 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
giving advice to any person as to the application of information technology;
c
assessing a defined authority’s requirements for information technology, and keeping those requirements under review, including appraising any such technology for the time being in use;
d
arranging for information technology to be available to meet the requirements of a defined authority;
e
developing information technology;
f
maintaining equipment used in connection with information technology.
4
In this paragraph “information technology” means any computer, telecommunications or other technology the principal use of which is the recording, processing and communication of information by electronic means.
Personnel services
15
1
Provision of the following services (and only the following) falls within section 2(2)(n) above —
a
personnel 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
personnel advice to any other person in relation to the discharge of any functions of a defined authority;
c
conducting organisational and method studies and work studies including, in particular, conducting management service reviews and preparing business plans;
d
human resource management including, in particular, recruitment, monitoring, assessment and appraisal;
e
personnel research;
f
developing and maintaining statistical and managerial information systems:
g
subject to sub-paragraph (2) below, training a defined authority’s employees including, in particular, arranging, monitoring and evaluating training and development programmes;
h
developing and maintaining employee relations policies, practices and procedures;
i
personnel work in connection with any of the following, namely —
i
pay and other employee benefits including, in particular, superannuation benefits;
ii
terms and conditions of employment;
iii
health and safety policies and procedures;
iv
employee welfare policies and procedures including, in particular, occupational health services; and
v
redundancy arrangements and agreements;
j
procuring, monitoring or supervising any services which fall within paragraphs (a) to (i) above and are provided for a defined authority by any person.
2
The activities described in sub-paragraph (1)(g) above do not fall within section 2(2)(n) above where they relate to —
a
the ordinary supervision of trainees or other employees; or
b
the training of fire-fighting members of fire brigades.
Supplementary provisions
5
1
For the purpose of interpreting paragraphs (l), (m) and (n) (as inserted by article 2 above) of subsection (2) of section 2 of the Act, that section shall have effect as if for subsection (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 such an 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)(l), (m) or (n) 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)(l), (m) or (n) 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 provision
6
1
Sections 4 and 5 of the Act (works contracts) shall have effect in respect of works contracts for work which by reason only of this order falls within paragraph (b) 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 1996 Scotland 1st October 1997 Wales 1st October 1996
2
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (l) 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 1997 Scotland 1st October 1997 Wales 1st October 1998
3
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (m) 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 1997 Scotland 1st October 1997 Wales 1st October 1999
4
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (n) 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 1996 Scotland 1st October 1997 Wales 1st October 1999
Signed by authority of the Secretary of State
David Curry
Minister of State for the Environment
14th July 1995
George Kynoch
Parliamentary Under-Secretary of State, Scottish Office
17th July 1995
William Hague
Secretary of State for Wales
19th July 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1995 and shall come into force on 31st December 1995.
Amendment to the 1992 Regulations
2
1
The Non-Domestic Rating Contributions (England) Regulations 1992 shall be amended in accordance with the following paragraphs in relation to financial years beginning on or after 1 April 1996.
2
In paragraph 1(4) of Schedule 1, for “1995” substitute “1996”.
3
In paragraph 4(4) of Schedule 1, for “1995 is £74,913,000” substitute “1996 is £76,867,000”.
4
In the Table in Part II of Schedule 1 —
a
for “1.1646” substitute “1.1442”,
b
for “1.1260” substitute “1.1079”;
c
omit the words “Isle of Wight,”;
d
for “1.0599” substitute “1.0466”;
e
for “1.2538” substitute “1.2238”;
f
for “1.1277” substitute “1.1206”;
g
for “1.6802” substitute “1.5802”;
h
at the end insert the entry:
The council of a county which has the functions of a district council 1.0466.
5
In paragraph 2(12) of Schedule 2 omit the words “except in the financial year beginning on 1st April 1995”, and for “0.97” substitute “0.992”.
6
Omit the Table in Part II of Schedule 2 and, as respects the financial year beginning in 1996, insert —
PRESCRIBED AMOUNTS IN RESPECT OF ENTERPRISE ZONES
Name of authority Name of Enterprise Zone Prescribed amount
Rochester upon Medway NW Kent ( No. 6) £0 Gillingham NW Kent (No. 7) £585,000
7
In paragraph 8(1) of Schedule 2 for “2.5” substitute “2.9”, for “2.7” substitute “2.5”, for “2.0” substitute “1.75” and for “1.6” substitute “1.5”.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
7th December 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium (Amendment) (No. 2) Regulations 1995, shall extend to Great Britain and shall come into force on 1st July 1995.
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
for the definition of “overgrazing” there shall be substituted the following definition —
“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, and “overgrazed” shall be construed accordingly;
;
b
after the definition of “relevant date” there shall be inserted the following definitions —
“retention period” means the retention period for suckler cows 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;
“Scheme year” means any calendar year in respect of which premium may be paid and includes any part of a retention period in relation to an application for premium in respect of a given calendar year which falls within the following calendar year;
;
c
after the definition of “specified record” there shall be inserted the following definition —
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles.
.
3
In paragraph (1) of regulation 3 (applications) for “9th December” there shall be substituted “8th December”.
4
In paragraph (2) of regulation 3 there shall be inserted at the end the following —
provided that where in respect of any given calendar year a number of applications for premium are submitted by persons who have in respect of that year made more than one area aid application under Article 6 of Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes as amended by Council Regulation ( EC ) No. 165/94 , Council Regulation (EC) No. 3233/94 and Council Regulation (EC) No. 3235/94 but who are regarded as a single farmer within the meaning of Article 1(4) of that first-mentioned Council Regulation the applications concerned shall be deemed to be a single application made by one producer for the purposes of this paragraph
.
5
For regulation 3A (overgrazing) there shall be substituted the following regulation —
Overgrazing
3A
1
Subject to paragraph (2) below, where in the year preceding the opening date for submitting claims for premium in respect of any given Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of suckler cows which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
2
The appropriate Minister may in the year preceding the opening date for submitting claims for premium in respect of any given Scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where the appropriate Minister has made a notification under paragraph (1) above no premium shall be paid in respect of the Scheme year for which it was issued on any number of suckler cows grazed and maintained in that Scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.
4
Where the appropriate Minister has made a notification under paragraph (1) above and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more suckler cows than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,
he may withhold or recover on demand the whole or any part of the premium otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.
.
6
After regulation 3A there shall be inserted the following regulation —
Unsuitable supplementary feeding methods
3B
1
Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3) below, reduce or withhold the amount of premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2) below.
2
Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld.
3
Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year.
.
7
In paragraph (3) of regulation 5 (powers of authorised persons) for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
25th May 1995
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
5th June 1995


text:
1
1
This Order may be cited as the A19 Trunk Road (New Parks Bends Improvement) Order 1995 and shall come into force on 26th May 1995.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/YHNMD20, marked “The A19 Trunk Road (New Parks Bends Improvement) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at The Department of Transport, Romney House, Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
K.A. Lasbury
Director Northern Network Management Division The Highways Agency
21st April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Infirmary of Edinburgh National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 31st March 1995.
2
In this Order “the principal Order ” means the Royal Infirmary of Edinburgh National Health Service Trust (Establishment) Order 1993 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following: —
3
1
The trust is established for the purposes specified in section 12A(1) 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 —
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as the Royal Infirmary of Edinburgh, Pricess Margaret Rose Orthopaedic Hospital, City Hospital, Edinburgh Dental Hospital, Simpson Memorial Maternity Pavilion, Princess Alexandra Eye Pavilion and Chalmers Hospital, all in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of the teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act a new hospital and associated facilities to replace the Royal Infirmary of Edinburgh.
.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
9th March 1995


text:
PART I
GENERAL
Citation and commencement
1
1
This Order may be cited as the Cleveland (Structural Change) Order 1995 and shall come into force for the purposes of articles 4(2) and (3), 5 and 10 to 13 on the day after the day on which it is made and for all other purposes on 1st April 1996.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Cleveland” means the non-metropolitan county of Cleveland and “the County Council” means the council of that county;
“ Cleveland borough ” means a borough in Cleveland and “Cleveland borough council” means a council of such a borough ;
“the Middlesbrough Council ” means the council of the borough of Middlesbrough;
“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1996; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
PART II
LOCAL GOVERNMENT REORGANISATION IN CLEVELAND
Structural changes
3
1
The County Council shall be wound up and dissolved and the functions of that council in relation to each Cleveland borough shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the council of that borough.
2
The Schedule to this Order shall have effect in relation to the discharge of functions in the North York Moors National Park which are transferred by paragraph (1) above to the council of the borough which, by virtue of article 9, is named the borough of Redcar and Cleveland.
Fire services
4
1
Each Cleveland borough shall, subject to any combination scheme under the Fire Services Act 1947 (“the 1947 Act ”) , become the area of a fire authority for the purposes of that Act.
2
For the purposes of the making of a combination scheme with respect to Cleveland before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to Cleveland, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Cleveland”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Cleveland”.
3
Section 10 of the 1947 Act shall have effect, in relation to Cleveland, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined areas constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Cleveland Police Authority
5
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
paragraph 27(1) of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as though the County Council was wound up and dissolved on 1st October 1995; and
b
accordingly, the appointments which are required to be made by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the Cleveland borough councils (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
after the reorganisation date, all the functions of the Cleveland Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) ; and
b
before that date (but after appointments to the Authority have been made by virtue of paragraph (2) above), the following functions in respect of the financial year beginning on 1st April 1996 —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) ; and
ii
functions under sections 4A (local policing objectives) and 4B (localpolicing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded.
Planning functions
6
1
The structure plan prepared by the County Council and any proposals prepared by that council for the alteration or replacement of that plan shall be treated as if they had been prepared by the Cleveland borough councils jointly and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to a Cleveland borough council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Designated authority
7
The Middlesbrough Council is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994 .
Superannuation fund
8
The superannuation fund maintained by the County Council by virtue of regulations made under section 7 of the Superannuation Act 1972 (local government superannuation) , together with all rights and liabilities in respect of the fund, shall vest in the Middlesbrough Council.
Change of name of Langbaurgh-on-Tees
9
The borough of Langbaurgh-on-Tees shall be named the borough of Redcar and Cleveland.
PART III
PROVISIONS FOR IMPLEMENTATION OF ORDER
Co-operation and information
10
1
The relevant authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
2
The County Council shall furnish any other relevant authority with all such information relating to the County Council or its functions as that authority may reasonably request for the purpose of implementing this Order or any other relevant provision.
3
In this article, “relevant authority” means the County Council, a Cleveland borough council and any other body to which functions of the County Council will be transferred by virtue of any relevant provision.
Preparations for transfer of functions
11
1
Subject to paragraph (2) below, the Cleveland borough councils may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by them by virtue of this Order or any other relevant provision.
2
During the preliminary period, each Cleveland borough council —
a
shall, in relation to the functions mentioned in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
b
shall, at a meeting of the council, consider a report by the head of their paid service as to whether any such functions could with advantage be discharged by one of the Cleveland borough councils, or jointly by two or more of those councils, in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
c
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
12
Any enactment by virtue of which the County Council is required, during the preliminary period, to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any of the functions transferred by article 3 shall, subject to any other relevant provision, cease to have effect in relation to that council; and any such enactment shall instead have effect, during that period and for those purposes, in relation to the Cleveland borough councils.
PART IV
ELECTORAL MATTERS
Elections in Hartlepool
13
The Borough of Hartlepool (Electoral Arrangements) Order 1975 shall be amended by the substitution of the following article for article 9 —
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.
2
The councillors holding office for any ward in the borough immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the borough, other than Elwick or Greatham —
a
one shall retire in 1996 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 1999.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after 8th May 1995, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
The councillor elected at the ordinary election of councillors in 1995 for the Elwick ward of the borough shall retire in 1998.
8
The councillor elected at that election for the Greatham ward of the borough shall retire in 1999.
9
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the borough in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
30th January 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Staffordshire (City of Stoke-on-Trent) (Structural and Boundary Chances) Order 1995 and shall come into force for the purposes of articles 6, 8(1), (3) and (4), 10 and 11 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“ the map ” means the map prepared by the Department of the Environment, marked “Map of the Staffordshire (City of Stoke-on-Trent) (Structural Change) Order” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997;
“Staffordshire” means the non-metropolitan county of Staffordshire and “the County Council” means the council of that county;
“ Stoke ” means the city of Stoke-on-Trent and “the Stoke Council” means the council of that city; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
BOUNDARY CHANGES AFFECTING STOKE
Constitution of new county of Stoke-on-Trent
3
1
Stoke shall cease to form part of Staffordshire.
2
A new county shall be constituted comprising the area of Stoke and shall be named the county of Stoke-on-Trent.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Stoke-on-Trent.
Transfer of areas
4
Each area marked B1 and B2 on the map shall be transferred from —
a
Staffordshire;
b
the borough of Stafford;
c
the Barlaston ward of that borough;
d
the parish of Barlaston;
to —
i
the county of Stoke-on-Trent;
ii
Stoke;
iii
the Blurton ward of Stoke;
and shall become unparished.
PART III
LOCAL GOVERNMENT REORGANISATION IN STOKE
Structural change
5
The functions of the County Council in relation to Stoke shall, subject to the following provisions of this Part to any other relevant provision, be transferred to the Stoke Council.
Staffordshire Policy Authority
6
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1 October 1996 as if Stoke had ceased to form part of Staffordshire on that date; and
b
accordingly, the appointments which are required to be made to the Staffordshire Policy Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after than date, by a joint committee appointed by the County Council and the Stoke Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority, and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of the Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Stoke ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to Police Act 1964
7
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Staffordshire” in the right-hand column opposite the name of the Staffordshire police area the words “and the non-metropolitan district of Stoke-on-Trent”.
Fire service
8
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Staffordshire (as constituted on and after the reorganisation date) and Stoke (as so constituted).
2
Stoke shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Staffordshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Staffordshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
9
1
The structure plan applying immediately before the reorganisation date to Staffordshire and any proposals prepared before that date for the alteration or replacement of that plan, shall be treated as if they had been prepared jointly by the County Council and the Stoke Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Stoke Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
3
This article does not apply to any plan relating to the area of the Peak District National Park or to any proposals for the alteration or replacement of such a plan.
PART IV
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
10
1
The City of Stoke-on-Trent (Electoral Arrangements) Order 1976 shall be amended by the substitution of the following article for article 9 —
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1996.
2
The councillors holding office for any ward in the city immediately before 6th May 1996 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary election of councillors in 1996 for any ward of the city —
a
one shall retire in 1998 being, subject to paragraphs (3) and (4) below, the councillor elected by the smallest number of votes;
b
one shall retire in 1999 being, subject as aforesaid, the councillor elected by the smallest number of votes;
c
the remaining councillor shall retire in 2000.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
2
For the purposes of the election of councillors for the Blurton ward of Stoke at the ordinary elections in 1996, and the filling of any casual vacancy occurring in the office of councillor for that ward after those elections and before the reorganisation date, the areas marked B1 and B2 on the map shall be treated as if they had been transferred to that ward on the day after the day on which this order is made.
Retirement of councillors and casual vacancies
11
1
The electoral divisions of Staffordshire comprised in Stoke shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Stoke Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by the authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
11th July 1995


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment) Regulations 1995 and shall come into force on 19th June 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1), in the definition of “other United Kingdom securities” , for the word “Third” there shall be substituted the words “Alternative Investment”.
4
In regulation 6A(1)(k)(i) , for the words “required as a hedge against the likelihood of his having to deliver” there shall be substituted the words “required to be sold as a hedge against the likelihood of his having to receive”.
Derek Connay
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
11th May 1995


text:
1
This Order may be cited as the Central Regional Council (Prohibition of Swimming, Bathing etc. in Reservoirs) Byelaws Extension Order 1995 and shall come into force on 5th March 1995.
2
The period during which the Central Regional Council (Prohibition of Swimming, Bathing etc. in Reservoirs) Byelaws 1985 are to remain in force is hereby extended to 6th March 1996.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
2nd March 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 27th January 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibitions
2
Fishing for mackerel (Scomber scombrus) —
a
by any British fishing boat registered in the United Kingdom within that part of sea area ICES Statistical Division IIa which lies within British fishery limits and any part of sea areas ICES Statistical Divisions IIIa, b, c and d and ICES Statistical Sub-Area IV , and
b
by any other British fishing boat within any part of sea areas ICES Statistical Division IIa and ICES Statistical Sub-Area IV which lie within British fishery limits
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st April 1995.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
26th January 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th January 1995
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
19th January 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
20th January 1995


text:
1
The said regulations are hereby approved.
2
The General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1987 and the General Medical Council (Registration (Fees) (Amendment) Regulations) (No.2) Order of Council 1987 are hereby revoked.
3
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1995.
N.H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1995 and shall come into force on 1st April 1995.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 —
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 , being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1997,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1997,
c
so much of any grant so made at a higher rate as is equal to 45 per cent. of the expenditure.
Andrew Mitchell
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Genetically Modified Organisms (Deliberate Release) Regulations 1995 and shall come into force on 8th March 1995.
Interpretation
2
In these Regulations “the 1992 Regulations ” means the Genetically Modified Organisms (Deliberate Release) Regulations 1992 .
Implementation of Commission Directive 94/15/ EC
3
1
In regulation 2 of the 1992 Regulations (Interpretation), there shall be inserted after the definition of “heritable genetic material” the following definition —
“higher plant” means a plant belonging to the taxonomic group Gymnospermae or Angiospermae;
.
2
For sub-paragraph (a) of paragraph (1) of regulation 6 of the 1992 Regulations (Information to be contained in an application for consent to release), there shall be substituted the following sub-paragraph —
a
the information prescribed in —
i
Schedule 1 to these Regulations, where the application is for consent to release any genetically modified higher plant; or
ii
Schedule 1A to these Regulations, in any other case,
to the extent that such information is appropriate to the proposed release,
.
3
In paragraph (2) of regulation 6 of the 1992 Regulations, after “Schedule 1” there shall be added “and Schedule 1A”.
4
Paragraphs (3) and (4) of regulation 6 of the 1992 Regulations shall be deleted.
5
For sub-paragraph (a) of paragraph (1) of regulation 11 of the 1992 Regulations (Information to be contained in an application for consent to market), there shall be substituted the following sub-paragraph —
a
the information prescribed in —
i
Schedule 1 to these Regulations, where the application is for consent to market any genetically modified higher plant; or
ii
Schedule 1A to these Regulations, in any other case,
to the extent that such information is appropriate to the nature and scale of the release which may result from the marketing,
.
6
In paragraph (2) of regulation 11 of the 1992 Regulations, after “Schedule 1” there shall be added “and Schedule 1A”.
7
Paragraphs (3) and (4) of regulation 11 of the 1992 Regulations shall be deleted.
8
For Schedule 1 to the 1992 Regulations there shall be substituted the Schedules set out in the Schedule to these Regulations.
Amendment of the provisions relating to applications for consent to release
4
1
In regulation 2 of the 1992 Regulations (interpretation) there shall be inserted —
a
after the definition of “the Act” the following definition —
“application for a consent to release” shall include any notification made under the First Simplified Procedure (crop plants) Decision and cognate expressions shall be construed accordingly;
.
b
before the definition of “the Deliberate Release Directive”, the following definition —
“controlled waters” in relation to England and Wales, has the meaning given by section 104 of the Water Resources Act 1991 and, in relation to Scotland, the meaning given by s. 30A of the Control of Pollution Act 1974 .
c
after the definition of “the Deliberate Release Directive” the following definition —
“the First Simplified Procedure (crop plants) Decision” means Commission Decision 94/730/EC ;
.
2
In paragraph (2) of regulation 5 of the 1992 Regulations (Consent to release organisms), after the words “the Secretary of State, and” there shall be inserted the words “, unless made under and in accordance with the provisions set out in the First Simplified Procedure (crop plants) Decision,”.
3
In sub-paragraph (a) of paragraph (1) of regulation 6 of the 1992 Regulations after the words “appropriate to the proposed release” there shall be added the words “or application”.
4
In paragraph (1) of regulation 8 of the 1992 Regulations (Advertisement of application for consent to release), for the words “Subject to paragraph (2)”, there shall be substituted the words “Subject to paragraphs (1A) and (2)”.
5
After paragraph (1) of regulation 8 of the 1992 Regulations there shall be inserted the following new paragraph —
1A
A notice published under paragraph (1) above need not contain the information referred to in sub-paragraphs (c) and (d) of that paragraph insofar as the First Simplified Procedure (crop plants) Decision does not require that information to be submitted with the application and that information is not submitted with the application.
6
In paragraph (3) of regulation 8 of the 1992 Regulations, after the words “the information prescribed in paragraph in paragraph (1)(a) to (d)” there shall be inserted the words “,save insofar as paragraph (1A) permits such information to be excluded from the notice referred to in paragraph (1)”.
Amendment of the requirements for advertising applications for consent to release
5
1
In paragraph (1) of regulation 8 of the 1992 Regulations (Advertisement of application for consent to release) for the words “not less than fourteen days and not more than twenty-eight days after acknowledgement of receipt of that application is sent to him by the Secretary of State,”, there shall be substituted the words “not more than ten days after he sends that application to the Secretary of State,”.
2
In paragraph (3) of regulation 8 of the 1992 Regulations —
a
for the words “not less than fourteen days and not more than twenty-eight days after acknowledgement of receipt of that application is sent to him by the Secretary of State”, there shall be substituted the words “not more than ten days after he sends that application to the Secretary of State,”;
b
in sub-paragraph (a), for the words “the site of the proposed release,” there shall be substituted the words “any site of a proposed release specified in the application for a consent to release,”;
c
sub-paragraphs (b), (d), (e), and (g) shall be deleted; and
d
at the beginning of sub-paragraph (f) there shall be added the words “if the proposed release may have an impact on any controlled waters,”.
Amendment of the cases and circumstances in which a marketing consent is required
6
1
In regulation 2 of the 1992 Regulations (Interpretation), there shall be inserted immediately after the definition of “the Commission” the following definition —
“the Contained Use Directive” means Council Directive 90/219/ EEC on the contained use of genetically modified micro-organisms ;
.
2
In paragraph (1) of regulation 10 of the 1992 Regulations (Consent to market products) —
a
between the words “cases and circumstances other than” and “the marketing of a product” there shall be inserted “(a)”;
b
after the words “the Deliberate Release Directive” there shall be added the following —
; (b) the marketing of a product containing genetically modified micro-organisms within the meaning of Article 2 of the Contained Use Directive, the conditions of sale for which specify that it is to be used only in conditions of contained use in accordance with the Contained Use Directive; (c) the marketing of a medicinal product for human or veterinary use within the meaning of Council Regulation (EEC) No. 2309/93 ; (d) the marketing of an additive within the meaning of regulation 2(1) of the Feeding Stuffs Regulations 1991 incorporated in or for incorporation in any feeding stuff within the meaning of regulation 2(1) as aforesaid.
.
Amendment of provisions relating to keeping of the register
7
1
at the end of sub-paragraph (3)(c) of regulation 17 (Information to be included in register) there shall be added the words “to the extent that this information is contained in the application for consent,”
2
at the end of sub-paragraph (3)(e) of regulation 17 (Information to be included in register) there shall be added the words “to the extent that this information is contained in the application for consent,”
3
In paragraph (2) of regulation 18 of the 1992 Regulations (Keeping of the register) for the words “fourteen days” there shall be substituted the words “twelve days”.
John Selwyn Gummer
Secretary of State for the Environment
8th February 1995
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th February 1995
John Redwood
Secretary of State for Wales
7th February 1995
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
9th February 1995


text:
Citation and commencement
1
These Directions may be cited as the Traffic Signs General (Amendment) Directions 1995 and shall come into force on 10th November 1995.
Amendment of Traffic Signs General Directions 1994
2
1
The Traffic Signs General Directions 1994 shall be amended as follows.
2
In direction 3 —
a
in paragraph (2) the words ““national speed limit”” and ““speed limit”” shall be omitted;
b
after paragraph (2) there shall be added —
3
Regulation 5 (interpretation of “speed limit”) shall apply for the interpretation of these Directions as it applies for the interpretation of the Regulations.
3
In direction 8 —
a
in paragraph (1), for the words “(in this direction called “the relevant road”)” there shall be substituted “(in this direction and in direction 8A called “the relevant road”)”; and
b
in paragraph (2) after the words “paragraphs (3) and (4)”, there shall be inserted “and to direction 8A”.
4
After direction 8 there shall be inserted —
Beginning of a speed limit further provisions
8A
1
Direction 8(2) does not apply where a speed limit in force on the relevant road begins —
a
at a point where the relevant road begins, being a point where it has no junction with another road; or
b
at a point where the relevant road has a junction with another road and the same speed limit is in force on both roads.
2
This paragraph applies where the relevant road has a junction(“the junction”) with the side of another road (“the other road”) and a maximum speed limit is in force on the other road which is different from the speed limit in force on the relevant road.
3
Where paragraph (2) applies, it is sufficient compliance with regulation 8(2), for the purpose of indicating the beginning of the speed limit on the relevant road to traffic entering it from the other road, if a sign shown in diagram 670, 674 or 675 is erected not more than 20 metres from the junction, on the left hand or near side of the carriageway of the relevant road as viewed in the direction of trravel of such traffic or, where the relevant road is a dual carriageway road, on the left hand or near side of the carriageway by which traffic may pass into the relevant road from the other road.
4
Where paragraph (2) applies, for the purpose of indicating the speed limit in force on the other road to traffic entering that road from the relevant road, signs shown in diagram 670, 674 or 675 shall (subject to paragraph (5)) be erected not further than 20 metres from the junction and so as to be visible to such traffic, on each side of the carriageway of the relevant road or, where the relevant road is a dual carriageway road, on each side of the carriageway by which traffic may pass from the relevant road into the other road.
5
Paragraph (4) does not apply if —
a
the maximum speed limit in force on the other road is greater than that in force on the relevant road; and
b
signs indicating that maximum speed limit have been placed on the other road in accordance with direction 10 on each side of, and not more than 100 metres from, the junction.
5
In direction 9 after paragraph (3), there shall be added —
4
Where a road (“the relevant road”) has a junction with the side of another road (“the other road”) and —
a
a maximum speed limit is in force on the other road; and
b
a national speed limit is in force on the relevant road,
then, for the purpose of indicating the national speed limit to traffic entering the relevant road from the other road, a sign shown in diagram 671 or 675 shall be placed on the relevant road in accordance with paragraph (5).
5
The sign shall be placed not more than 20 metres from the junction with the other road on the left hand or near side of the relevant road as viewed in the direction of travel of a vehicle entering the relevant road from the other road or, if the relevant road is a dual carriageway road, on the left hand or near side of the carriageway by which a vehicle may pass into the relevant road from the other road.
6
Where a road (“the relevant road”) has a junction with the side of another road (“the other road”) and —
a
a national speed limit is in force on the other road; and
b
a maximum speed limit is sin force on the relevant road,
then, for the purpose of indicating the national speed limit to traffic entering the other road from the relevant road, traffic signs shown in diagram 671 or 675 shall be placed in accordance with paragraph (7) on the relevant road not further than 20 metres from the junction.
7
If the relevant road has one carriageway, one such sign shall be placed on each side of that carriageway and, if the relevant road is a dual carriageway road, one such sign shall be placed on each side of the carriageway by which traffic may pass from the relevant road into the other road.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
17th October 1995
Signed by Authority of the Secretary of State for Scotland
James Douglas Hamilton
Minister of State, Scottish Office
18th October 1995
William Hague
Secretary of State for Wales
19th October 1995


text:
1
1
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1995.
2
The Injuries in War (Shore Employments) Compensation Schemes 1914 to 1994 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1995.
2
In paragraph (3) of the Injuries in War (Shore Employments) Compensation Scheme 1914 , for the figures “£98.90”, wherever they occur, there shall be substituted the figures “£101.10”.
3
This Scheme shall have effect as from 10th April 1995, so, however, that no payment shall be made thereunder in respect of any period before that date.
Roger Freeman
Christopher France
Members of the Defence Council
We consent,
Timothy Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole, Plaice, Cod and Haddock (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 17th November 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for:
sole (Solea solea) in sea areas ICES Statistical Sub-Areas II , IV , VI , XII and XIV and ICES Statistical Divisions V b and VII h, j and k; or
plaice (Pleuronectes platessa) in sea areas ICES Statistical Divisions VII h, j and k;
cod (Gadus morrhua) and haddock (Melanogrammus aeglefinus) in sea areas ICES Statistical Sub-Areas XII and XIV and ICES Statistical Division VI b
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1996.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry,
Minister of State, Ministry of Agriculture, Fisheries and Food
7th November 1995
Raymond Robertson,
Parliamentary Under Secretary of State, Scottish Office
14th November 1995
Signed by authority of the Secretary of State for Wales
Rod Richards,
Parliamentary Under Secretary of State, Welsh Office
13th November 1995
Denton of Wakefield,
Parliamentary Under Secretary of State, Northern Ireland
7th November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1995 and shall come into force as follows —
a
except for regulation 7, on 10th April 1995; and
b
regulation 7 on 13th April 1995.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992; and
“the up-rating order” means the Social Security Benefits Up-rating Order 1995 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£2236.00” there shall be substituted the sum of “£2288.00”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
5
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) —
a
in sub-paragraph (a) for the sum of “£120” there shall be substituted the sum of “£125”; and
b
in sub-paragraph (b) for the sum of “£120” there shall be substituted the sum of “£125”.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
6
In paragraph (3) of regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work), for the sum of “£43.00” there shall be substituted the sum of “£44.00”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
7
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance), for the sum of “£43.00” there shall be substituted the sum of “£44.00”.
Revocation
8
The Social Security Benefits Up-rating Regulations 1994 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
7th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Litigation Authority Regulations 1995 and shall come into force on 20th November 1995.
2
In these Regulations —
“the Act” means the National Health Service Act 1977;
“the Authority” means the National Health Service Litigation Authority established by the Order;
“chairman” means the chairman of the Authority;
“health service body” means a Regional Health Authority, a District Health Authority, a Family Health Services Authority, a Special Health Authority, the Dental Practice Board or an NHS trust;
“member” means a member of the Authority other than the chairman;
“non-officer member” and “officer member” mean, respectively, a member who is not, and one who is, an officer of the Authority;
“the Order” means the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 .
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment of chairman and members
2
The chairman and non-officer members shall be appointed by the Secretary of State.
Tenure of office
3
Subject to regulations 5 and 7, the term of office of the chairman and of non-officer members shall be for such a period, not exceeding five years, as the Secretary of State shall specify on making the appointment.
Termination and suspension of tenure of office of officer members
4
1
An officer member shall cease to hold office as a member where he ceases to hold one of the offices in the Authority specified in article 4(c) of the Order.
2
If an officer member is suspended from his post in the Authority he shall be suspended from performing his functions as a member during the period of his suspension.
Termination of tenure of office
5
1
The chairman or a non-officer member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where during his term of office a non-officer member is appointed to be the chairman, his tenure of office as a non-officer member shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the chairman or a non-officer member should continue to hold that office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
4
If a chairman or a non-officer member fails to attend any meeting of the Authority for a period of six months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 7, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and shall so notify him in writing;
and, upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 14 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Eligibility for re-appointment
6
Subject to regulation 7 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
7
1
Subject to regulation 8 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of the health service body or of the health service that he should continue to hold that office, or
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of six months;
e
he is the chairman or a director of an NHS trust; or
f
he has had his name removeed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of disqualification
8
1
Where a person is disqualified under regulation 7(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 7(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
Appointment of vice-chairman
9
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
Powers of vice-chairman
10
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
11
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by him shall, appoint committees of the Authority, consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
Arrangements for the exercise of functions
12
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 11 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
13
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 14 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but, subject to any such Standing Orders, the quorum, proceedings and places of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
14
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 13(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college, school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any shares or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
15
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
Gerald Malone
Department of Health
27th October 1995


text:
Citation and Commencement
1
This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1995 and shall come into force on the day after the day on which it is made.
Preliminary
2
The Department of Transport (Fees) Order 1988 shall be further amended in accordance with the following provisions of this Order.
Amendments to Schedule 1
3
1
In Schedule 1 for Table III there shall be substituted the Table in Schedule 1 to this Order.
2
In Schedule 1 for Table VI there shall be substituted the Table in Schedule 2 to this Order.
Signed by authority of Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th June 1995


text:
Citation and commencement
1
This Order may be cited as the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 13th April 1995.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust (Establishment) Order 1993 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
3rd April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) Order 1995 and shall come into force on 2nd January 1996.
2
In this Order —
“housing benefit” means either rent rebate or rent allowance as the circumstances may require;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“increase in housing benefit” means the difference between —
the amount of housing benefit granted in a case in which an authority makes a determination under regulation 61(2) of the Housing Benefit Regulations (increase in the appropriate maximum housing benefit) , and
the amount of housing benefit which would have been granted in that case if the authority had not made a determination under regulation 61(2) of those Regulations; and
“increase above maximum rent” means the difference between —
the amount of housing benefit granted in a case in which an authority makes a determination under regulation 61(3) of the Housing Benefit Regulations , and
the amount of housing benefit which would have been granted in that case if the authority had not made a determination under regulation 61(3) of those Regulations.
Permitted totals of benefit
2
For the purpose of section 134(11) of the Social Security Administration Act 1992, the permitted total of rebates or allowances for the year commencing on 1st April 1995 in relation to an authority shall be the total of the amounts obtained by the calculations set out in articles 3 and 4 below.
Increase in housing benefit
3
The calculation referred to in article 2 above, shall be the amount obtained by deducting 100% of any increases in housing benefit in cases in which that authority has during that year made a determination under regulation 61(2) of the Housing Benefit Regulations from the total housing benefit granted by that authority during that year, after deduction of any increase above maximum rent, and multiplying the resulting figure by 100.1%.
Increase above maximum rent
4
1
The calculation referred to in article 2 above, shall be the amount obtained by deducting 100% of any increases above maximum rent in cases in which that authority has during that year made a determination under regulation 61(3) of the Housing Benefit Regulations from the total housing benefit granted by that authority during that year, less the deductions specified in paragraph (2) below, and multiplying the resulting figure by 100.15%.
2
The deductions referred to in paragraph (1) above are —
a
all rent rebates granted during that year;
b
subject to paragraph (3) below, all rent allowances granted during that year in cases where the local authority did not refer a claim for housing benefit, in relation to the dwelling in respect of which that allowance was granted, to the rent officer pursuant to regulation 12A of the Housing Benefit Regulations ; and
c
any increase in housing benefit.
3
No rent allowance shall be deducted pursuant to sub-paragraph (b) above, if that case was not referred to the rent officer by reason of paragraph (2) of regulation 12A of those Regulations.
Revocation
5
The Housing Benefit (Permitted Totals) Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
25th July 1995


text:
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1995 and shall come into force on 6th April 1995.
2
In regulation 41(3) of the Income Tax (Employments) Regulations 1993 for “£450” there shall be substitued “£600”.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
31st January 1995