text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Newham) Red Route (Clearway) Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled persons' badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 Traffic Management Order 1994 No. 24 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 Traffic Management Order 1994 No. 24 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Christie Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th December 1995.
2
In this Order —
“the Authority” means the Manchester Health Authority;
“the Trust” means the Christie Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 19th September 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th December 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Heartlands National Health Service Trust (Establishment) Order 1995 and shall come into force on 1st April 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Surrey Heartlands National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Surrey Heartlands National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St. Ebba's, Hook Road, Epsom, Surrey KT19 8QJ and associated hospitals;
b
to manage community health services provided from St. Ebba's, Hook Road, Epsom, Surrey KT19 8QJ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Mid Surrey Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Mid Surrey Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Mid Surrey Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
20th March 1995


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1995 and shall come into force on 30th June 1995.
2
In these Regulations, “the principal Regulations ” mean the Dual-Use and Related Goods (Export Control) Regulations 1995 .
2
The following provisions of the principal Regulations are hereby revoked:
a
in regulation 1(2), the definition of “transit or transhipment”;
b
regulation 3(2)(a)(ii);
c
in regulation 3(3), the words “or a Community licence has been granted by a competent authority” and the words “or Community licence”;
d
regulation 5; and
e
in regulation 10(1)(f), the words from “in the case of goods” to “as the case may be” and the words “licence or”.
3
1
In regulation 3(1)(a) of the principal Regulations there shall be inserted after the word “Decision)” the words “or by Article 4(1) of the Regulation for the export from the European Community, in the circumstances therein described, of dual-use goods not of a description specified in Schedule 1 hereto”.
2
In regulation 3(2)(b)(ii) of the principal Regulations, for the words “any goods of a description specified in Schedule 1 hereto in respect of which” there shall be substituted the words:
any —
aa
goods of a description specified in Schedule 1 or 3 hereto, or
bb
dual-use goods which are not of a description specified in Schedule 1 hereto but for the export of which from the European Community an authorisation is required in accordance with Article 4(1) of the Regulation,
in respect of which in either case.
3
In regulation 3(4) of the principal Regulations —
a
for the words “Paragraph (3) shall not apply to” there shall be substituted the words “A Community licence granted by a competent authority in another Member State shall not”;
b
the words “in relation to which a Community licence has been granted” shall be left out; and
c
there shall be added at the end the words:
; and subject to any rights arising out of the second sub-paragraph of Article 10(4) of the Regulation (goods to be put at disposal of exporter), such export is prohibited.
4
In regulation 3(5) of the principal Regulations, for the words “referred to in paragraph (1) above” there shall be substituted the words “of a description specified in Schedule 1 hereto”.
4
1
In regulation 11(1) of the principal Regulations, for the words “fails to comply with regulation 3(2)” there shall be substituted the words “contravenes a prohibition in regulation 3(2) or (4)”.
2
In regulation 11(3) of the principal Regulations (which makes it an offence to fail to comply with certain provisions of Council Regulation ( EC ) No. 3381/94 ) there shall be inserted after the word “Article” the words “4(2) or”.
5
For regulations 13 and 14 of the principal Regulations there shall be substituted the following:
Goods in transit
13
1
In this regulation and regulation 14 below, “goods in transit” means —
a
goods which pass only through the territory of the Community within the meaning of Article 3(3) of the Regulation, and
b
goods being exported to another Member State which are not being dispatched from the United Kingdom to that other Member State within the meaning of Articles 19 and 20 of the Regulation.
2
Regulation 3(2)(a)(i) and (b) of these Regulations shall not apply in respect of goods in transit.
3
Regulation 3(2)(a)(iii) of these Regulations shall apply in respect of dual-use goods which are goods in transit as they apply in respect of goods other than dual-use goods.
Exclusion and modification of and saving for the Export of Goods (Control) Order 1994
14
1
The Export of Goods (Control) Order 1994 (in this regulation referred to as “the EGCO 1994”) shall not apply in respect of the export of dual-use goods or goods of a description specified in Schedule 3 to these Regulations, other than the export of goods in transit.
2
In Schedule 1 to the EGCO 1994 —
a
Part II shall cease to have effect, and
b
Part III shall have effect as if for Groups 2 and 3 thereof there were subsitituted Schedules 1 and 3 to these Regulations.
3
Any licence for the export of goods to which the EGCO 1994 does not apply by virtue of paragraph (1) above, being a licence which was granted by the Secretary of State under article 3(a) of the EGCO 1994 or which has effect as if so granted and which (in either case) is in force immediately before 1st July 1995, other than a licence expressed to cease to have effect upon the coming into force of these Regulations, shall have effect as if granted under regulation 2(1)(a) of these Regulations.
6
In entries 9A991 and 9E991 of Schedule 3 to the principal Regulations, for the words “in Iran, Iraq, Libya, Serbia or Montenegro” there shall be substituted the words “except to Member States.”
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
5th June 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995 and shall come into force on 23rd February 1995.
2
In these Regulations —
“the Act” and “calculations” have the meaning given in regulation 1(2) of the principal Regulations ; and
“the principal Regulations” means the Billing Authorities (Anticipation of Precepts) Regulations 1992 .
3
Regulation 3 of the principal Regulations is hereby revoked.
Anticipation of precepts
2
1
In regulation 2(2) of the principal Regulations after the words “preceding financial years” there shall be inserted the words —
increased or decreased in proportion to the difference between the retail prices index for September of the financial year preceding that in respect of which the calculations are made (“the prior year”) and the retail prices index for September of the year preceding the prior year
.
2
In regulation 2 of the principal Regulations there shall be added the following —
4
References in paragraph (2) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Payment of sums
3
Whether or not a billing authority making calculations (whether originally or by way of substitute) anticipates a precept to be issued in accordance with section 41 of the Act to it for that year by a local precepting authority, where the local precepting authority subsequently issues such a precept to the billing authority —
a
if the precept is first issued before 1st March in the preceding year, or before the billing authority has completed its original calculations for the financial year, which ever is the later, the billing authority shall pay to the local precepting authority a sum equal to the amount of the precept issued (or last issued);
b
if the precept is first issued on or after 1st March in the preceding year and after the billing authority has completed its original calculations for the financial year, the billing authority shall pay to the local precepting authority a sum equal to the amount which is the lower of the precept issued (or last issued) by it and the highest amount which the billing authority could have anticipated in respect of a precept to be issued by the local precepting authority for that financial year under regulation 2 of the principal Regulations as amended by these Regulations.
Signed by authority of the Secretary of State.
David Curry
Minister of State,
Department of the Environment
2nd February 1995
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under–Secretary for Wales, Welsh Office
2nd February 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 1995 and shall come into force on 13th July 1995.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1994 .
Amendment of the principal Regulations
2
1
Regulation 2 of the principal Regulations (interpretation) shall be amended as follows.
2
In the definition of “authority” in paragraph (1) there shall be inserted before the word “authority” in the last place where it occurs the words “local education”.
3
After the definition of “CTC” there shall be added the following definition —
“core subject” means any of the following subjects, English, mathematics or science;
.
4
The definition of “lesson time” in paragraph (1) shall be omitted.
5
After the definition of “middle deemed secondary school” in paragraph (1) there shall be inserted the following definition —
“NC tasks” means National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tasks laid down in provisions made by the Secretary of State under article 8 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1994 or article 9 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1994 which have been published by Her Majesty’s Stationery Office;
.
6
There shall be substituted for the definition of “special class” in paragraph (1) the following definition —
“special educational needs” has the meaning given by section 156 of the Education Act 1993 ;
.
7
In paragraph (5) there shall be substituted for the words “date after 27th May” the words “period after the Friday before the last Monday in May”.
3
Regulation 3 of the principal Regulations (qualification of duties) shall be amended by the insertion after the word “proprietor” of the words “in time for it to be reasonably practicable to provide or publish the information”.
4
1
Regulation 6 of the principal Regulations (provision of assessment results to the Secretary of State) shall be amended as follows.
2
In paragraph (1) there shall be inserted after the word “shall” the words “each year”.
3
In paragraph (2) there shall be inserted after the word “before” the words “the next following”.
4
There shall be inserted after the word “shall” in paragraph (3) the words “each year”.
5
There shall be inserted after paragraph (3) the following paragraph —
3A
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 31st July, submit to the Secretary of State the information relating to assessment referred to in Part IA of Schedule 1.
.
6
In paragraph (4) there shall be substituted for the words “, by 15th September” the words “each year, on or before 31st July”.
5
1
Schedule 1 to the principal Regulations (provision of assessment results information to the Secretary of State) shall be amended as follows.
2
There shall be inserted after Part I, the following Part —
PART IA
SECOND KEY STAGE RESULTS
2A
The number of registered pupils or near the end of final year of the second key stage.
2B
1
Subject to sub-paragraph (3), the number of such pupils who in the following subjects —
a
English;
b
mathematics; and
c
science —
i
reached each level of the 10 level scale;
ii
were assessed as working towards level 1; or
iii
were exempted from assessment under section 18 or 19 of the 1988 Act.
2
The number of such pupils who in the subjects referred to in sub-paragraph (1) were assessed by teacher assessment but were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tasks, or, who were assessed by the administration of NC tasks but were exempted under section 18 or 19 of that Act from teacher assessment.
3
The information referred to in sub-paragraph (1)(i) and (ii) shall be given both as determined by teacher assessment of such pupils and by the results of any NC tasks administered to such pupils.
.
3
In paragraph 4(1) of Part II (third key stage results) there shall be inserted at the beginning the words “Subject to sub-paragraph (3),” and at the end of sub-paragraph 1(ii) there shall be added the word “or”.
4
Paragraph 4(1)(iv) and (v) shall be omitted.
5
There shall be substituted for paragraph 4(2) the following sub-paragraphs —
2
The number of such pupils who in the subjects referred to in sub-paragraph (1) were assessed by teacher assessment but who were exempted under section 18 or 19 of the 1988 Act from assessment by the administration of NC tasks, or, who were assessed by the administration of NC tasks but were exempted under section 18 or 19 of that Act from teacher assessment.
3
The information referred to in sub-paragraph (1)(i) and (ii) shall be given both as determined by teacher assessment of such pupils and by the results of any NC tasks administered to such pupils.
.
6
Paragraph 2 of Schedule 2 to the principal Regulations (provision of information to the Secretary of State on examination and vocational qualification results) shall be amended by the substitution for the word “either” of the word “any”.
7
1
Schedule 3 to the principal Regulations (provision of information to the Secretary of State on absence) shall be amended as follows.
2
In paragraph 1(1) there shall be substituted for the words “before 28th May” the words “on or before the Friday before the last Monday in May”.
3
In paragraph 1(2) there shall be substituted for “1993” the words “in the reporting school year”.
4
There shall be inserted after paragraph 4, the following paragraph —
5
For the purposes of this Schedule “pupil” does not include a boarding pupil.
.
8
1
Schedule 5 to the principal Regulations (provision of general information to the Secretary of State) shall be amended as follows.
2
There shall be substituted for paragraph 4, the following paragraph —
4
The number of registered pupils at the school who have special educational needs but in respect of whom no statement of special educational needs is maintained under section 168 of the Education Act 1993.
.
3
In paragraph 5 there shall be substituted for the words “section 7 of the Education Act 1981” the words “section 168 of the Education Act 1993”.
Revocation of Regulations and Schedule to the principal Regulations
9
Regulations 9, 11(2)(c) and (f) and Schedule 4 to the principal Regulations (provision of information to the Secretary of State on lesson time) shall be revoked.
Eric Forth
Minister of State,
Department for Education
19th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 1995 and shall come into force on 1st August 1995.
2
In this Order “the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Music in the National Curriculum (England)” .
3
This Order applies to pupils at maintained schools and grant-maintained special schools (other than those established in a hospital) in England only.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 1992 is revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to music.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Midlands Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13th October 1995.
2
In this Order —
“the Authority” means the West Midlands Regional Health Authority;
“the Trust” means the West Midlands Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 7th June 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th October 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th September 1995


text:
1
This Order may be cited as the A501 Trunk Road (Fitzroy Street) (Temporary Restriction of Traffic) Order 1995, and shall come into force on 21st November 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 0800 hours on 21st November 1995 and ending when those works have been completed, or at 1600 hours on 11th December 1995, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to: —
a
Enter or leave Fitzroy Street at its junction with Euston Road.
5
1
The prohibition specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibition specified in article 4 above shall not apply in respect of: —
i
any vehicle being used for the purpose of those works, for fire brigade, ambulance or police purposes;
ii
anything done with the permission at the direction of a Police Constable in uniform or a traffic warden.
6
During the period specified in article 3 above, the provisions of the Camden (Waiting and Loading Restriction) (Special Parking Area) Order 1993, The Camden (Prescribed Route) ( No. 6) Traffic Order 1991 and the Camden (Parking Places) (CA-E) Order 1993 are hereby suspended so far as they relate to any of the roads or lengths of road specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th November 1995


text:
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1995 and shall come into force on 29th May 1995.
2
1
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended as follows.
2
In the Table in regulation 13 —
a
for the entry in column (3) in items 2 and 3 there shall be substituted in each case “£60”, and
b
for the entry in column (3) in items 4, 6 and 7 there shall be substituted in each case “£190”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
4th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 and shall come into force on 2nd January 1996.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“the Management Act ” means the Taxes Management Act 1970;
“managing agent” —
in relation to a member who is an individual has the meaning given by section 184(1) of the Finance Act 1993 as extended by regulation 3 of the Lloyd’s Underwriters (Tax) Regulations 1995 , and
in relation to a corporate member has the meaning given by section 230(1) of the Finance Act 1994 as extended by that regulation;
“manufactured payment” means any payment which for the purposes of Schedule 23A to the Taxes Act is a payment of manufactured interest, and to which paragraph 3A of that Schedule applies;
“member” means a member of Lloyd’s who is an individual or, as the case may be, a corporate member and who is or has been an underwriting member;
“premiums trust fund” means such a trust fund as is referred to in section 83 of the Insurance Companies Act 1982 ;
“relevant gilt-edged securities” and “relevant year of assessment” have the meanings given respectively by subsections (5) and (6) of section 51B;
“section 51B” means section 51B of the Taxes Act;
“Schedule 19” means Schedule 19 to the Finance Act 1993;
“syndicate” means a syndicate of underwriting members of Lloyd’s formed for an underwriting year;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“trustees” means the trustees of premiums trust funds of members of the syndicate concerned;
“underwriting year” means the calendar year.
2
The Table below indexes other general definitions in these Regulations —
Term defined Regulation
amount of excess gilt interest paid 4(6) amount of excess gilt interest received 4(5) payment on account 7(2) relevant quarter 7(1) total amount of tax 7(3)
Requirement to make returns
3
1
A managing agent for a syndicate shall for each underwriting year make, in accordance with these Regulations, returns to an officer of the Board of —
a
amounts of any payments of interest on relevant gilt-edged securities which are made without deduction of tax to the trustees of premiums trust funds of members of that syndicate, and
b
amounts of tax for which he is to be accountable under these Regulations in respect of those payments.
2
Subject to regulation 7(2), a return shall be made for each complete quarter falling within the underwriting year, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September and 31st December which falls within that underwriting year.
3
A return for any quarter shall be made within 14 days from the end of that quarter.
Contents of returns
4
1
The return made by a managing agent for any quarter shall show —
a
the aggregate of the amounts specified in paragraphs (2) and (3) below, and
b
the amount specified in paragraph (4) below.
2
The amount specified in this paragraph is the aggregate amount of manufactured payments received by the trustees in the quarter which fall to be taken into account in computing the syndicate’s profit or loss for the purposes of Schedule 19.
3
The amount specified in this paragraph is the aggregate amount of other payments of interest on relevant gilt-edged securities made without deduction of tax to the trustees in the quarter which fall to be taken into account in computing the syndicate’s profit or loss for the purposes of Schedule 19.
4
The amount specified in this paragraph is the aggregate amount of manufactured payments made by or on behalf of the trustees in the quarter which fall to be taken into account in computing the syndicate’s profit or loss for the purposes of Schedule 19.
5
Where, for any quarter, the aggregate of the amounts specified in paragraphs (2) and (3) above exceeds the amount specified in paragraph (4) above, the amount of the excess is referred to in these Regulations as an “amount of excess gilt interest received”.
6
Where, for any quarter, the amount specified in paragraph (4) above exceeds the aggregate of the amounts specified in paragraphs (2) and (3) above, the amount of the excess is referred to in these Regulations as an “amount of excess gilt interest paid”.
Tax for which managing agent accountable
5
1
Subject to paragraph (2) below and regulation 6(3), the amount of tax for which a managing agent is to be accountable under these Regulations shall, for each quarter, be the amount of income tax at the basic rate for the relevant year of assessment on the amount of excess gilt interest received.
2
Where the basic rate changes during the quarter ending on 30th June, the amount of income tax for which the managing agent is to be accountable pursuant to paragraph (1) above for that quarter shall be ascertained after considering the period before 6th April separately from the period after 5th April; and“income tax nominally attributable to the amount of excess gilt interest paid” in regulation 6(1) and (3) shall be construed accordingly.
3
Amounts in respect of which there is an obligation on a managing agent to account for tax under paragraph (1) above shall be treated for the purposes of paragraph 13(1)(a) of Schedule 19 as payments on which income tax has been borne by deduction.
Amount of excess gilt interest paid — set off of tax nominally attributable to that amount against tax for other quarters
6
1
Where for any quarter in an underwriting year there is an amount of excess gilt interest paid, the managing agent may claim to have the income tax nominally attributable to the amount of excess gilt interest paid set against income tax for which he is liable to account under regulation 5 for a previous quarter falling within the same underwriting year.
2
Any claim under paragraph (1) above shall be included in a return made for the quarter, and (where necessary) income tax paid by the managing agent under these Regulations for that underwriting year and before the claim is allowed shall be repaid accordingly.
3
Subject to paragraph (1) above, where for any quarter other than the final quarter in an underwriting year there is an amount of excess gilt interest paid, any income tax for which the managing agent would otherwise be accountable under regulation 5 for subsequent quarters falling within the same underwriting year shall be reduced by the income tax nominally attributable to the amount of excess gilt interest paid.
Payments on account and special returns
7
1
This regulation applies in the case of the quarter ending on 31st March in each underwriting year (“the relevant quarter”).
2
A managing agent shall, on or before 14th March, make a special return to the Board, in such form as the Board may prescribe or approve, showing the amount of income tax at the basic rate (“the payment on account”) for which the managing agent will become accountable under these Regulations in respect of that quarter, computed to the best of his judgment.
3
To the extent that the payment on account is paid before the date on which the return for the relevant quarter is due in accordance with regulation 3(3) —
a
it shall be set off against the amount of tax for which the managing agent is liable to account under regulation 5 in respect of that quarter (“the total amount of tax”), and
b
the amount of tax against which the payment is set off shall accordingly be treated, for the purposes of these Regulations, as having been paid.
4
If the amount of the payment on account so paid exceeds the total amount of tax, the amount of the excess shall be repayable.
5
Where, by 14th April, no part of the payment on account has been paid by the managing agent, he shall be treated as having computed, to the best of his judgment, that the amount referred to in paragraph (2) above is zero.
Payment of tax
8
1
The amount of income tax in respect of any payment required to be included in a return under regulation 3, and the amount of the payment of account required to be shown in a special return under regulation 7(2), shall be due at the time by which the return or the special return (as the case may be) is to be made, and any amount so due —
a
shall be payable by the managing agent without the making of any assessment; and
b
may be assessed on the managing agent (whether or not it has been paid when the assessment is made) if it, or any part of it, is not paid on or before the due date.
2
If it appears to the inspector that there is a payment of relevant gilt interest which ought to have been but has not been included in a return, or if the inspector is dissatisfied with any return, he may make an assessment on the managing agent to the best of his judgment; and any income tax due under an assessment made by virtue of this paragraph shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.
3
Where a managing agent administers more than one syndicate in an underwriting year —
a
he may make a single payment in respect of all syndicates administered by him comprising the aggregate of the amounts of income tax required to be included in returns under regulation 3 for each quarter, and
b
he may make a single payment in respect of all syndicates administered by him comprising the aggregate of the payments on account required to be shown in special returns under regulation 7(2) for the relevant quarter.
Collection proceedings following claims
9
1
Where a claim has been made under regulation 6(1), no proceedings for collecting tax which would fall to be discharged if the claim were allowed shall be instituted pending the final determination of the claim, but this paragraph shall not affect the date when the tax is due.
2
When the claim is finally determined any tax underpaid in consequence of paragraph (1) above shall be paid.
3
Where proceedings are instituted for collecting tax assessed, or interest on tax assessed, under any provision of regulation 8, effect shall not be given to any claim made after the institution of the proceedings so as to affect or delay the collection or recovery of the tax charged by the assessment or of interest thereon, until the claim has been finally determined.
4
When the claim is finally determined any tax overpaid in consequence of paragraph (3) above shall be repaid.
5
References in this regulation to proceedings for the collection of tax include references to proceedings by way of distraint or poinding for tax.
Assessments and due date of tax
10
1
All the provisions of the Income Tax Acts as to the time within which an assessment may be made, so far as they refer or relate to the year of assessment for which an assessment is made, or the year to which an assessment relates, shall apply in relation to any assessment under regulation 8 notwithstanding that, under that regulation, the assessment may be said to relate to a quarter and not a year of assessment, and the provisions of section 36 of the Management Act as to the circumstances in which an assessment may be made out of time shall apply accordingly on the footing that any such assessment relates to the year of assessment in which the quarter ends.
2
Income tax assessed on a managing agent under regulation 8 shall be due within 14 days after the issue of the notice of assessment (unless due earlier under regulation 8(1)).
3
Paragraph (2) above has effect subject to any appeal against the assessment, but no such appeal shall affect the date when tax is due under regulation 8(1).
4
On the determination of an appeal against an assessment under these Regulations any tax overpaid shall be repaid.
5
Any tax assessable under any one or more of the provisions of these Regulations may be included in one assessment if the tax so included is all due on the same date.
Interest payable on amounts of tax unpaid
11
1
Any amounts of tax which have become due under these Regulations shall carry interest at the specified rate from the date when the amounts become due until payment.
2
Without prejudice to the generality of paragraph (1) above —
a
where in any year the payment on account has not been paid, or has not been paid in full, by 14th March, the amount unpaid shall carry interest at the specified rate from 14th March until 14th April or the date on which it is paid, whichever first occurs; and
b
where in any year the total amount of tax exceeds the amount of the payment on account, the excess shall carry interest at the specified rate from 14th March until 14th April or the date on which payment of the excess is made, whichever first occurs.
3
In this regulation “the specified rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 87 of the Management Act .
4
Any sum to which this regulation applies shall carry interest from the due date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
Interest payable where payment on account excessive
12
1
This regulation applies in any case where the payment on account paid exceeds the total amount of tax.
2
Neither section 824 (repayment supplements: individuals and others) nor section 826 (interest on corporation tax overpaid) of the Taxes Act shall apply to a repayment of the amount of the excess, but that amount shall carry interest in accordance with the provisions of this regulation at the specified rate from the opening date until the date on which it is repaid.
3
In this regulation “the specified rate” means the rate determined in accordance with paragraphs (4) to (7) below.
4
Subject to paragraph (5) below, the specified rate shall be 4.5 per cent per annum.
5
Where, on a reference date occurring after 2nd January 1996, the reference rate found on that date differs from the established rate, the specified rate shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (6) below; and, if the result is not a multiple of one quarter, rounding the result down to the nearest amount which is such a multiple.
6
The formula specified is —
( RR - 1 ) ( 100 - BR ) , 100
where
RR is the reference rate referred to in paragraph (5) above and BR is the percentage at which income tax at the basic rate is charged for the year of assessment in which the reference date referred to in that paragraph falls.
7
In this regulation “established rate”, “operative date”, “reference date” and “reference rate” have the same meanings as in the Taxes (Interest Rate) Regulations 1989 .
8
In this regulation, “the opening date” means 14th March or the date on which the payment on account is paid, if later.
9
Any sum to which this regulation applies shall carry interest from the opening date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.
Saving
13
Nothing in these Regulations shall be taken to prejudice any powers conferred by the Income Tax Acts for the recovery of income tax by means of an assessment or otherwise.
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 1995


text:
1
This Order may be cited as the Designs (Convention Countries) (Amendment) Order 1995 and shall come into force as follows:
a
articles 1, 2(a) and 3(a)(i) and (b) shall come into force on 15th December 1995,
b
articles 2(b) and 3(a)(ii) shall come into force on 25th December 1995; and
c
articles 2(c) and 3(a)(iii) shall come into force on 1st January 1996.
2
The countries specified in:
a
Part 1,
b
Part 2, and
c
Part 3,
of the Schedule to this Order are convention countries for the purposes of all the provisions of the Registered Designs Act 1949.
3
The Designs (Convention Countries) Order 1994 shall be amended by the insertion in Schedule 1 thereto:
a
in proper alphabetical order of the countries specified in:
i
Part 1,
b
Part 2, and
b
Part 3,
of the Schedule to this Order, and
b
of “Korea, Democratic People’s Republic of” in substitution for the words “Korea, Democratic Republic of”.
N. H. Nicholls
Clerk of the Privy Council


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1994 . The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1994 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1995 and shall come into operation on the first day of January 1996.
Dated this 6th day of April 1995
R. B. Gibson
A. K. L. Black
M. J. Colman
+ Peter Crediton
C. A. McLintock
Approved by the General Synod the 8th day of July 1995
P. J. C. Mawer
Secretary-General


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Development Corporation (Planning Functions) Order 1995 and shall come into force on 30th March 1995.
2
In this Order —
“ the authority ” means the council of the city of Leeds;
“ the development area ” means the area designated as an urban development area by the Leeds Development Corporation (Area and Constitution) Order 1988 ;
“the development corporation ” means the Leeds Development Corporation; and
“the 1990 Act ” means the Town and Country Planning Act 1990.
Revocation of the 1988 and 1989 Orders
2
The Leeds Development Corporation (Planning Functions) Order 1988 and the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989 are hereby revoked.
Transitional provisions in connection with planning functions
3
Anything which before the coming into force of this Order had been done or was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under article 3 of the Leeds Development Corporation (Planning Functions) Order 1988 may be continued or done after that date by the authority.
Liability for compensation in connection with planning functions; section 106 agreements
4
1
Where a right to compensation arises under section 107 , 108 , 115, 186 , 203 or 204 of the 1990 Act or sections 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the Secretary of State shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100 , 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land within the development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the coming into force of this Order which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
15th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Yorkshire Health Authority (Transfer of Trust Property) Order 1995 and shall come into force on 17th May 1995.
2
In this Order —
“the first Authority” means the Bradford Health Authority;
“the second Authority” means the North Yorkshire Health Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 1stAugust 1994, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1995 and shall come into force on 7th August 1995.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who are in the final year of the second key stage.
3
This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in England .
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1994 shall be revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993;
“the core subjects” means English, mathematics and science;
“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;
“maintained school” has the meaning assigned to that expression by section 25(1) of the Education Reform Act 1988;
“NC tests” and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests and NC tasks, being respectively tests, tasks and a timetable laid down in provisions made by the Secretary of State under article 9 which have been published by Her Majesty’s Stationery Office;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means specified in relation to the second key stage by a section 4(2)(a) and (b) order;
“summer term” means the third term in a school year (as defined in section 3(6) of the Education Reform Act 1988 ); and
references to the second key stage are, subject to the operation of section 3(4) to (6) of the Education Reform Act 1988, references to the period set out in paragraph (b) of section 3(3) of that Act ; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, except where article 7(3) applies, in the subject as calculated in accordance with article 6.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the second key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article 7(3) applies, of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
NC test and task assessment
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in each core subject in accordance with the provisions of paragraph (2).
2
NC tests or NC tasks or both (as the document in which they are published may require) shall be administered to the pupil in accordance with the provisions of the document at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter —
a
the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the headteacher to be marked; and
b
a record of the results of any NC tasks administered to the pupil, consisting of a statement of each level of attainment achieved by the pupil, shall be made.
3
Following the marking of NC tests the external marking agency shall provide to the head teacher a record of the results consisting of a statement of each level of attainment achieved by the pupil.
Determination of attainment by subject: teacher assessment
6
1
Subject to article 7, the provisions of this article regulate the aggregation of AT levels of attainment determined by teacher assessment to calculate subject levels of attainment.
2
In the case of English, a pupil’s level of attainment in the subject shall be the average of his levels in each AT.
3
In the case of mathematics, a pupil’s level of attainment in the subject shall be the average of his levels in each AT but with his level in AT2 (number and algebra) weighted by a factor of two.
4
In the case of science, a pupil’s level of attainment in the subject shall be the average of his levels in each AT but with his level in AT1 (experimental and investigative science) weighted by a factor of two.
Pupils not subject to provisions of the National Curriculum
7
1
Article 6 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where in the case of any core subject one AT does not apply to such a pupil article 6 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one AT in a core subject does not apply to such a pupil article 6 shall not apply to him in relation to that subject.
Evaluation of Assessment Arrangements
8
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 7 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
9
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988) as appear to her to be expedient, including in particular provisions as to NC tests and NC tasks for the purpose mentioned in the definition of such tests and tasks in article 3(1) and as to the time when and the manner in which the tests and tasks are to be administered.
Lord Henley
Minister of State,
Department for Education and Employment
1st August 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Norwich Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the East Norfolk Health Authority;
“the Trust” means the Norfolk and Norwich Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 19th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th June 1995


text:
1
These rules may be cited as the Magistrates' Courts (Amendment) (No. 2) Rules 1995 and shall come into force on 1st November 1995.
2
For rule 104A of the Magistrates' Courts Rules 1981 (“the 1981 Rules ”) there shall be substituted the following rule —
Statements etc , relevant to making confiscation orders under the Criminal Justice Act 1988
104A
1
When, in any proceedings in respect of an offence listed in Schedule 4 to the Criminal Justice Act 1988 , the prosecutor or the defendant tenders to a magistrates' court any statement or other document under section 73 of the said Act of 1988 he must serve a copy thereof as soon as practicable on the defendant or the prosecutor, as the case may be.
2
Any statement tendered to the magistrates' court by the prosecutor under section 73 of the said Act of 1988 shall include the following particulars, namely —
a
the name of the defendant;
b
the name of the person by whom the statement is made and the date on which it was made;
c
where the statement is not tendered immediately after the defendant has been convicted, the date on which and the place where the relevant conviction occurred;
d
such information known to the prosecutor as is relevant to the determination as to whether or not the defendant has benefited from relevant criminal conduct and to the assessment of the value of his benefit from such conduct.
3
Where, in accordance with section 73(1C) of the said Act of 1988, the defendant indicates the extent to which he accepts any allegation contained within the prosecutor’s statement, if he indicates the same in writing to the prosecutor, he must serve a copy of that reply on the clerk of the magistrates' court.
.
3
After rule 104B of the 1981 Rules there shall be inserted the following rule —
Confiscation orders — revised assessments
104C
1
Where the prosecutor makes an application under section 74A, 74B or 74C of the Criminal Justice Act 1988, such an application must be in writing and a copy thereof must be served on the defendant.
2
The application must include the following particulars, namely —
a
the name of the defendant;
b
the date on which and the place where any relevant conviction occurred;
c
the date on which and the place where any relevant confiscation order, was made or, as the case may be, varied;
d
the grounds on which the application is made;
e
an indication of the evidence available to support the application.
.
Mackay of Clashfern, C.
Dated 5th October 1995


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Community Charge and Council Tax, Valuation and Community Charge Tribunals and Alteration of Lists and Appeals) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations:
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1989 Regulations ” means the Valuation and Community Charge Tribunals Regulations 1989 ;
“the 1993 Regulations ” means the Council Tax (Alteration of Lists and Appeals) Regulations 1993 ;
“subsequent year” means the financial year beginning on or after the reorganisation date;
“relevant successor authority” means —
in connection with a community charge payable to the abolished authority by virtue of a residence, property or dwelling situated in any part of its area, the successor authority for that part; and
in connection with council tax payable to the abolished authority in respect of a dwelling situated in any part of its area, the successor authority for that part; and
“transferred property” means a dwelling or other property which before the reorganisation date is shown in the valuation list of a relinquishing authority and after that date is shown in the valuation list of the acquiring authority.
2
In these Regulations the following expressions shall have the same meaning as in the principal Regulations —
“abolished authority”, “acquiring authority”, “preceding year”, “preliminary period”, “relinquishing authority”, “the reorganisation date”, “section 17 order” and “successor authority”.
PART II
VALUATION AND COMMUNITY CHARGE TRIBUNALS
Community charge: charging authorities
3
References in Parts I to IV of the 1989 Regulations to a charging authority shall on or after the reorganisation date include a county council to which are transferred by or in consequence of a section 17 order the functions of district councils in relation to the county council’s area.
Community charge: relinquishing authorities
4
The 1989 Regulations shall have effect on or after the reorganisation date as regards a community charge as if the area of the relinquishing authority prior to the reorganisation date continued to be its area on and after that date.
Community charge and council tax: successor authorities
5
Anything done by or in relation to an abolished authority under the 1989 Regulations in connection with a community charge or council tax shall on or after the reorganisation date be treated as if it had been done by or in relation to the relevant successor authority.
Council tax: appeals
6
1
In regulation 34(1) (interpretation) of the 1989 Regulations, on or after the reorganisation date the definition of the “list” shall have effect as if it included a list deposited or altered pursuant to regulation 46(4) of the principal Regulations.
2
Where an appeal as defined in Part V of the 1989 Regulations is made in relation to a transferred property on or after the reorganisation date, or is made but not disposed of prior to that date, references in the 1989 Regulations to the billing authority, and the tribunal, shall, subject to regulation 7, have effect on or after the reorganisation date as if they were references to the acquiring authority, and the tribunal for the area of that authority, as the case may be, and for this purpose anything done by or in relation to the relinquishing authority in connection with such an appeal shall on or after that date be treated as if it had been done by or in relation to the acquiring authority.
Council tax: appeals, further provision
7
1
In relation to an appeal as described in regulation 6(2) which relates to a preceding year, whether or not it also relates to a subsequent year, subject to paragraph (2), on or after the reorganisation date —
a
the references in regulations 37(5) (initiating an appeal) and 42(2) (disqualifica– tion from participating) of the 1989 Regulations to the billing authority shall have effect as if they were references to the relinquishing authority and the acquiring authority; and
b
in regulation 38(3)(b) (arrangement for appeals) of the 1989 Regulations the reference to the “listing officer” shall have effect as if it were a reference to the listing officers for the relinquishing authority and the acquiring authority, the reference to the “valuation officer” shall have effect as if it were a reference to the valuation officers for the relinquishing authority and the acquiring authority and the reference to the “community charges registration officer” shall have effect as if it were a reference to the community charges registration officer for the relinquishing authority.
2
In relation to an appeal as described in regulation 6(2) which is to be disposed of by way of written representations or hearing and in respect of which, prior to the reorganisation date, the clerk of a tribunal has served notice on the parties in accordance with regulations 40 (disposal by written representations) or 41 (notice of hearing) of the 1989 Regulations, on or after that date —
a
that tribunal shall be the tribunal in relation to that appeal;
b
the relinquishing authority shall be the billing authority which is a party under those Regulations in relation to the appeal;
c
the listing officer for the relinquishing authority shall be the listing officer under those Regulations in relation to that appeal; and
d
the reference to the “valuation officer” in regulation 38(4) (arrangement for appeals) of those Regulations shall have effect as if it were a reference to the valuation officer for the relinquishing authority.
PART III
ALTERATION OF LISTS AND APPEALS
Successor authorities
8
1
Anything done by or in relation to an abolished authority under the 1993 Regulations shall be treated on or after the reorganisation date as if it had been done by or in relation to the relevant successor authority.
2
For the purposes of paragraph (1), anything done by or in relation to the listing officer for the abolished authority shall on or after the reorganisation date be treated as if it had been done by or in relation to the listing officer for the relevant successor authority.
Valuation lists
9
1
The definition of the “list” in regulation 2(1) (interpretation) of the 1993 Regulations shall on or after the reorganisation date have effect as if it included a list deposited or altered pursuant to regulation 46(4) of the principal Regulations.
2
Regulation 5(5)(b) and (6) (circumstances and periods when proposals may be made) of the 1993 Regulations shall on or after the reorganisation date have effect in respect of a transferred property as if the lists of the relinquishing authority prior to that date and of the acquiring authority after that date were the same list.
Change in area
10
In regulations 5(7)(b) and 14(1)(b) (day from which alteration has effect) of the 1993 Regulations, the reference to a change in the area of the billing authority shall include a structural change effected by a section 17 order.
Proposals: relinquishing and acquiring authorities
11
1
Where in relation to a transferred property a proposal for an alteration under regulation 5 of the 1993 Regulations is made but not disposed of prior to the reorganisation date, or is made on or after that date, and relates to or affects a preceding year and a subsequent year, the proposal shall be treated on or after the reorganisation date as a proposal to alter the lists of the relinquishing authority and the acquiring authority.
2
Subject to regulations 12 and 13, where in relation to a transferred property a proposal for an alteration under regulation 5 of the 1993 Regulations is made but not disposed of prior to the reorganisation date or is made on or after that date, on or after the reorganisation date —
a
references in the 1993 Regulations to the “billing authority” shall have effect as if they were references to the acquiring authority, and for this purpose anything done by or in relation to the relinquishing authority prior to the reorganisation date in connection with such a proposal shall on or after that date be treated as if it had been done by or in relation to the acquiring authority;
b
references in the 1993 Regulations to the “listing officer” shall have effect as if they were references to the listing officer for the acquiring authority, and for this purpose anything done prior to the reorganisation date by or in relation to the listing officer for the relinquishing authority shall, on or after that date, be treated as if it had been done by or in relation to the listing officer for the acquiring authority; and
c
references in the 1993 Regulations to the “relevant valuation tribunal” shall have effect as if they were references to the valuation tribunal for the area of the acquiring authority.
Proposals: further provision
12
1
Subject to regulation 13 where, in relation to a transferred property, a proposal is made as described in regulation 11(2) which relates to or affects a preceding year, whether or not it also affects a subsequent year, on or after the reorganisation date —
a
references in regulations 5(1) and (6), 9(1)(b) (procedure subsequent to the making of proposals), and 34 (notifications by listing officer) of the 1993 Regulations to the “billing authority” shall include the relinquishing authority and the acquiring authority;
b
references in the 1993 Regulations to the “listing officer” in relation to anything done by or in relation to the listing officer prior to the reorganisation date shall have effect as if they were references to the listing officer for the relinquishing authority, and for this purpose anything done by or in relation to such a listing officer shall on or after the reorganisation date be treated as if it had been done by or in relation to the listing officer for the acquiring authority;
c
references in the 1993 Regulations to the “listing officer” in relation to anything done by or in relation to the listing officer on or after the reorganisation date shall have effect as if they were references to the listing officer for the acquiring authority, except in regulations 10 (proposals agreed by listing officer), 12(1)(a) and (2)(a) (agreed alterations following proposals), 16(2)(a) (interpretation) and 19(1) (withdrawal) of those Regulations where the references shall have effect as if they were references to the listing officers for the relinquishing authority and the acquiring authority, and in regulation 13(1) (disagreement as to proposed alteration) of those Regulations where the reference shall have effect as if it were a reference to the listing officer for the relinquishing authority or the acquiring authority.
2
For the purposes of paragraph (1), regulation 12(2)(e) of the 1993 Regulations shall apply as if the acquiring authority satisfied condition (i) in that regulation.
Appeals
13
In relation to an appeal under the 1993 Regulations which is to be disposed of by way of written representations or hearing and in respect of which, prior to the reorganisation date, the clerk of a valuation tribunal has served notice on the parties in accordance with regulations 20 (disposal by written representations) or 22 (notice of hearing) of those Regulations, on or after the reorganisation date —
a
that tribunal shall be the relevant valuation tribunal in relation to that appeal;
b
the relinquishing authority shall be the billing authority which is a party under the 1993 Regulations in relation to the appeal; and
c
the listing officer for the relinquishing authority shall be the listing officer under the 1993 Regulations in relation to that appeal.
Parties and notice
14
In relation to a proposal for an alteration as described in regulation 11(1), on or after the reorganisation date —
a
subject to regulation 13, the parties to a proposal or an appeal shall include the relinquishing authority and the acquiring authority; and
b
the references in regulations 9(1) and 12(1)(a) and (2)(e)(ii) of the 1993 Regulations to a period for service by the listing officer or service on him, as the case may be, shall have effect as if they were references to such a period commencing on the reorganisation date.
Alterations to the list
15
Where a relinquishing and an acquiring authority are in receipt of a list, or notice of the effect of alterations to a list, under regulation 46(1) or (2) of the principal Regulations, during the preliminary period —
a
the listing officer for the relinquishing authority shall, within 4 weeks of serving notice of the effect of alterations to the valuation list of the relinquishing authority under regulation 15(1) of the 1993 Regulations (notification of alteration) in relation to a transferred property, notify the listing officer for the acquiring authority;
b
the listing officer for the acquiring authority shall as soon as is reasonably practicable after receipt of notice under paragraph (a) serve notice on the acquiring authority of the effect of the alterations; and
c
the acquiring authority shall as soon as is reasonably practicable after receipt of notice under paragraph (b) alter the copy of the list deposited at its principal office in accordance with regulation 46(1) of the principal Regulations or the copy of the notice of alterations to a list deposited at its principal office in accordance with regulation 46(2) of those Regulations.
Disqualification from participating
16
The reference in regulation 23(2) (disqualification from participating) of the 1993 Regulations to the area of an authority shall, on or after the reorganisation date and in relation to an appeal which relates to a transferred property, where the appeal relates to a preceding year, whether or not it also relates to a subsequent year, be construed as including the area of the relinquishing authority prior to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
8th March 1995


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Local Government Pension Scheme (Pensionable Remuneration Amendment) Regulations 1995 and shall come into force on 28th September 1995.
Pensionable remuneration for certain pensioners
2
The Local Government Pension Scheme Regulations 1995 are amended —
a
by inserting in regulation C2(2)(e) the words “subject to paragraph 11 of Schedule D1” before the words “any payment made to an employee”; and
b
by adding the following to the end of Schedule D1 —
Certain pensioners
11
1
This paragraph applies to —
a
a person (“the pensioner”) —
i
whose employment with a local authority ceased on a date falling after 31st March 1979 and before 31st August 1993;
ii
who was entitled under the 1974 regulations or the 1986 regulations to the immediate payment of a retirement pension and retiring allowance (within the meaning of those regulations) on cessation of that employment;
iii
who was paid additional remuneration in the relevant period; and
iv
whose pensionable remuneration has been determined by reference to remuneration which does not include the additional remuneration; and
b
a beneficiary of a deceased pensioner referred to in paragraph (a).
2
An employing authority may, within 6 months after 28th September 1995 determine that a pensioner’s pensionable remuneration shall include the additional remuneration and that the annual rate of any pension calculated by reference to that pensionable remuneration, including a pension that was payable to a person who has since died, shall be increased to the unreduced rate with effect from the date it was first paid at the reduced rate.
3
Any amount paid to a pensioner or beneficiary as a consequence of an increase in his pension under paragraph (2) which relates to an instalment of pension already paid shall bear interest, which shall be payable out of the appropriate pension fund, at the same rate and with the same rests as interest paid on benefits under regulation H1(1) and interest shall run from the date when the instalment of pension was first due.
4
In the event of the death of a pensioner or beneficiary before the payment of any amount due to him under sub-paragraph (2), that amount and any interest due shall be paid to his personal representatives.
5
For the purposes of this paragraph —
a
“additional remuneration” means any amount paid to a pensioner during the relevant period: —
i
as an inducement not to terminate or in consideration of his not terminating his employment before the earliest date on which he was entitled under regulation E2(1)(a) or (b) of the 1974 regulations or of the 1986 regulations to the immediate payment of a standard retirement pension and standard retirement grant (within the meaning of those regulations); or
ii
in recognition of long service in local government employment;
b
“beneficiary” means any widow, widower, dependant or eligible child of the pensioner to whom a pension was paid or is being paid under Part E of the 1974 regulations or of the 1986 regulations or under regulation D14(4), F4, F5, G6 or G7;
c
“reduced rate” means the rate of pension calculated by reference to pensionable remuneration which excludes the additional amount;
d
“relevant period” has the same meaning as in regulation D1(2); and
e
“unreduced rate” means the rate of pension calculated by reference to pensionable remuneration which includes the additional remuneration.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
29th August 1995


text:
Citation and commencement
1
This Order may be cited as the Building Societies (Non-Retail Funds and Deposits) (Limit on Election) Order 1995 and shall come into force on 1st September 1995.
Limit on liabilities in respect of non-retail funds and deposits
2
For the purposes of section 7(6) of the Building Societies Act 1986 (which prescribes a limit on the amount of a society’s liabilities to any person which may be disregarded pursuant to an election by the society not to count certain funds or deposits towards the limit on non-retail funds and deposits), for £50,000 as the prescribed amount there shall be substituted £100,000.
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on
J. Dennis
Secretary to the Commission
13th July 1995.
We consent to this Order.
D. Conway
A. Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 1995


text:
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment No. 2) Regulations 1995 and shall come into force on 6th April 1995.
2
In regulation 13 of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 —
a
in paragraph (1) the words “, despite demand being made,” shall be omitted;
b
in paragraph (6) for the words from “the amount so unpaid” to the end there shall be substituted the words
the amount so unpaid —
shall be deemed to be an amount which the contractor was liable to pay for that income tax period in accordance with regulation 8 or 9, and
may be certified by the collector.
;
c
paragraph (8) shall be omitted.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
22nd February 1995


text:
1
This Order may be cited as the Aerodromes (Designation) (Detention and Sale of Aircraft) Order 1995 and shall come into force on 19th October 1995.
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.