Ok. ive managed to get somewhere with this one, but not in the way I would like but (ie. defining in the block admin where to show the block) but by editing the php similar to what is used to hide the two side panels in a certain theme
$block_in_theme = array(38);
if (in_array($settings['theme_id'], $block_in_theme))
$blocks = array_merge(getBlockInfo(false, 227, false, false), $blocks = getBlockInfo(false, 237, false, false), $blocks = getBlockInfo(false, 168, false, false));
then by hiding these three blocks, it forcibly includes them in theme number 38.
Only problem is, i can only so far get them to appear in header or footer, rather than top or bottom as I would like.