text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carmarthen and District National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th November 1992.
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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“ establishment date” means 16th November 1992;
“ operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“ the trust” means Carmarthen and District 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 Carmarthen and District 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 West Wales General Hospital, Glangwili, Carmarthen, Dyfed SA31 2AF and associated hospitals;
b
to manage community health services provided from Pond Street Clinic, Pond Street, Carmarthen, Dyfed SA31 1RT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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
East Dyfed 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
East Dyfed 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 the 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 East Dyfed 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.
David Hunt
Secretary of State for Wales
29th October 1992


type: legislation

jurisdiction: UK

text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order to connect the main new trunk road with other highways at the places stated in that schedule (in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that —
a
where the highway is a highway 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 a highway 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 relevant route is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 3 to this Order as part of the main new trunk road.
5
Except where the context otherwise requires, in this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the plan” means the plan numbered HA10/2E/346 marked “The A428 Trunk Road (Bedford Southern Bypass) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
iii
“the Trunk Road” means the Northampton — St Neots Trunk Road (A428).
6
This Order shall come into force on 27th February 1992 and may be cited as the A428 Trunk Road (Bedford Southern Bypass) Order 1992.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
17th February 1992


text:
1
These Regulations may be cited as the Value Added Tax (Repayments to Third Country Traders) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Repayments to Third Country Traders) Regulations 1987 shall be amended as follows.
3
At the beginning of sub-paragraph (ii) of regulation 5(2)(b) there shall be inserted “goods and”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
10th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1992 and shall come into force on 17th July 1992.
2
In these Regulations “the 1988 Regulations ” means the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 .
Local authority applications
2
After regulation 25 of the 1988 Regulations insert —
Local authority applications
25A
1
In the application of these Regulations to a Schedule 1 or Schedule 2 application (or proposed application) where the local planning authority is also (or would also be) the applicant (whether alone or jointly with any other person), the following modifications shall apply —
a
regulations 5 and 6 shall not apply;
b
regulation 8(1) to (3) shall not apply but regulation 8(4)(a) shall apply where an authority proposes to make a Schedule 1 or Schedule 2 application and to submit an environmental statement with that application;
c
regulation 9 shall not apply;
d
regulation 10(5) shall not apply;
e
save for the purposes of regulation 15(4) and (5), regulation 14 shall apply as if —
i
in paragraph (1), for “When an applicant” to “other body, he shall” was substituted “When an applicant making a Schedule 1 or Schedule 2 application submits an environmental statement and at the same time serves a copy of the statement or of a part of it on any other body, he shall” and subparagraph (c) was omitted;
ii
in paragraph (2), for subparagraphs (d) and (e) was substituted —
d
serve on any such body that has expressed a wish to receive a copy of the statement or any part of it such a copy.
;
iii
paragraph (3) was omitted;
f
regulation 15 shall apply as if —
i
paragraph (2) was omitted;
ii
for paragraph (3) was substituted —
3
The local planning authority shall take steps to secure that a copy of the environmental statement is placed on the register.
.
2
An authority which is minded to make a planning application in relation to which it would be the local planning authority may request the Secretary of State in writing for a direction as to whether the proposed application would be a Schedule 1 or a Schedule 2 application.
3
A request made pursuant to paragraph (2) shall be accompanied by —
a
a plan sufficient to identify the land;
b
a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;
c
such other information or representations as the authority may wish to provide or make.
4
An authority making a request under paragraph (2) shall send to the Secretary of State any further information he may request in writing to enable him to give a direction.
.
Amendments to the 1988 Regulations
3
The Schedule to these Regulations, which contains amendments to the 1988 Regulations, shall have effect.
Transitional provisions
4
1
The amendments made to the 1988 Regulations by these Regulations shall not apply in relation to a resolution passed pursuant to regulation 4(1) or 5(2) of the Town and Country Planning General Regulations 1976 (the “1976 Regulations”) before the coming into force of these Regulations (and, accordingly, the 1988 Regulations shall apply in relation to such resolutions, and to resolutions passed pursuant to regulation 4(5) of the 1976 Regulations, or that regulation as applied by regulation 5(4) thereof, in connection with such resolutions, in the form in which they were in force immediately before the coming into force of these Regulations).
2
The amendment made to regulation 4(1) of the 1988 regulations by paragraph 3 of the Schedule shall not affect the application of that regulation to any Schedule 1 or Schedule 2 application lodged with the Secretary of State by an authority pursuant to regulation 7 of the 1976 Regulations on or after 15th July 1988.
Michael Howard
Secretary of State for the Environment
22nd June 1992
David Hunt
Secretary of State for Wales
24th June 1992


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Commencement) Order 1992.
2
The provisions of the Northern Ireland (Emergency Provisions) Act 1991 (except section 34 and Schedule 3) shall come into force on 1st June 1992 so far as not already in force.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th May 1992


text:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 180(4), 185(8) and (10), 187(5)(b) and (7), 231(2) and (3) and 232(5) of the Education Reform Act 1988 and sections 67(3), 77 , 100(2) and (4) and 101 of the Local Government Act 1985, and of all other powers enabling him in that behalf, hereby makes the following Order:
Arrangement of Articles
1
Citation, commencement and interpretation
2
Transfer of land
3
Transfer of property other than land
4
Charitable property
5
Transfer of greater London monies
6
Transfer of inner London monies
7
Compensation and superannuation matters
8
Transfer of employment liability functions etc.
9
Transfer of employees' claims for personal injury and damage to property
10
Transfer of residual property, rights and liabilities
11
Transfer of records
12
Transfer of functions
13
Apportionment of receipts and expenditure of Kensington and Chelsea
14
Apportionment of receipts and expenditure of Bromley
15
Continuity of the exercise of functions
16
Complaints of maladministration by the LRB
17
Disputes
18
Miscellaneous
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transfer of Functions and Property) (No. 2) Order 1992 and shall come into force on 30th September 1992.
2
In this Order, unless the context otherwise requires —
“the 1985 Act ” means the Local Government Act 1985;
“the 1988 Act ” means the Education Reform Act 1988;
“the 1990 Order ” means the London Residuary Body (Transfer of Property etc.) Order 1990 ;
“the 1991 Order ” means the London Residuary Body (Transfer of Compensation Functions) Order 1991 ;
“the 1992 Order ” means the Education (London Residuary Body) (Transfer of Compensation Functions) Order 1992 ;
“the abolished council ” means the former Greater London Council;
“the Beaufoy Institute ” means the property registered at H.M. Land Registry under Title No. 79312 together with the rights set out in Part II of Schedule 4 to the Education (London Residuary Body) (Property Transfer) Order 1992 but excepting the rights set out in Part I of that Schedule;
“Bromley” means the council of the London Borough of Bromley;
“clawback covenants” means —
any covenants, including any security for enforcing the same, given in favour of the LRB or its predecessors in title under sections 155 and 156 of the Housing Act 1985 (repayment of discount on early disposal of dwelling-house); and
any other covenants (whether restrictive or positive), including any security for enforcing the same, given in favour of the LRB or its predecessors in title where such covenants were —
not expressed to be given for the benefit or protection of any land, or
contained in a lease and provided in whatever terms for any capital sum to be payable in connection with any development or change of use of the land;
“the Common Council ” means the Common Council of the City of London in their capacity as a local authority;
“development related rights” means copyright, rights of user and other rights of any description in or relating to drawings, surveys, calculations, computer software or other material prepared or created in connection with the possible redevelopment of the South Bank property;
“expenditure” in relation to Bromley or Kensington and Chelsea includes administration expenses properly incurred by them;
“ ILEA ” means the former Inner London Education Authority;
“inner London council” means a council of an inner London borough;
“Kensington and Chelsea” means the council of the Royal Borough of Kensington and Chelsea;
“London borough council” means a council of a London borough;
“the LPFA ” means the London Pensions Fund Authority ;
“the LRB” means the London Residuary Body;
“property” does not include records and, except in articles 4, 10(4), 13 and 14, does not include cash or the balance of any fund or account;
“records” includes any material in written or other form and references to records include references to any copyright or other intellectual property of the LRB therein;
“the Riverside Walk and Open Space in Upper Ground ” means all lands within the black verge on Plan No. 3080 — 700 titled “Plan A referred to in the Education (London Residuary Body) (Transfer of Functions and Property) (No. 2) Order 1992”;
“South Bank movables” means —
any property in or on the South Bank property,
any property used or intended to be used exclusively for the discharge of functions on the South Bank property and which is kept elsewhere when not in use,
any vehicles and other mobile equipment normally kept on the South Bank property, and
any property which is normally kept in or on the South Bank property and which is immediately before the transfer date on loan from the LRB to another person or body;
“the South Bank property” means all lands within the black verge on Plan No. 3080 — 699 titled “Plan B referred to in the Education (London Residuary Body) (Transfer of Functions and Property) (No. 2) Order 1992”; and
“the transfer date” means 1st October 1992.
3
In this Order, references to the LRB’s functions, rights or liabilities under the 1988 Act are references to functions transferred to or conferred on the LRB by the 1988 Act or any order made or direction given thereunder or to rights or liabilities transferred to the LRB, or acquired or incurred by it by virtue of, or in the exercise of any of its functions under, the 1988 Act or any order made or direction given thereunder.
4
In this Order references to interests in land or other property do not include references to interests under or by virtue of a mortgage or charge.
5
For the purposes of any provision of this Order which requires the payment or recovery of sums by Kensington and Chelsea in the appropriate proportions —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the area of all the inner London councils and the Common Council; and
b
the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 .
6
For the purposes of any provision of this Order which requires the payment or recovery of sums by Bromley in the appropriate proportions —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of Greater London; and
b
the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988.
7
For the purposes of articles 13(5) and 14(5) —
a
the standard rate, in relation to a year or part of a year, is the base rate quoted by the reference banks and effective on 15th March (or, if that day is not a business day, the next business day) of the preceding year; or if different base rates are quoted and so effective, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;
b
the reference banks, in relation to any 15th March, are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 , and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling effective as mentioned in sub-paragraph (a) above;
c
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end- year accounts last published before the relevant 15th March; and
d
a “deposit-taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act.
8
In paragraph (7), the reference to the ‘consolidated gross assets’ of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) .
9
Unless the context otherwise requires any reference in this Order to —
a
a numbered article or Schedule is a reference to the article of or Schedule to this Order so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the article or Schedule in which the reference appears.
Transfer of land
2
1
Subject to paragraphs (2), (3) and (6), on the transfer date —
a
all interests of the LRB in Globe House, 4 Temple Place, London WC2R 3HP shall vest in Kensington and Chelsea subject to the condition that they be disposed of as soon as reasonably practicable;
b
all interests of the LRB in that part of the former Rachel McMillan College, Creek Road, London SE8 occupied by the University of Greenwich at the date that this Order is made shall vest in the University of Greenwich and all the interests of the LRB in those parts of the said former Rachel McMillan College occupied by Goldsmiths' College at such date shall vest in Goldsmiths' College;
c
all interests of the LRB in the Riverside Walk and Open Space in Upper Ground shall vest in the council of the London Borough of Lambeth;
d
all interests of the LRB in Manresa House, Roehampton shall vest in Kensington and Chelsea; and
e
all interests of the LRB in all other land shall vest in the London borough council in whose area the land is situated or, if the land is situated in their area, the Common Council.
2
The interests of the LRB in the South Bank property and in property held exclusively for charitable purposes shall not transfer under paragraph (1).
3
Paragraph (1) shall not operate so as to vest in the relevant transferee any interests of the LRB arising pursuant to clawback covenants.
4
All rights and liabilities of the LRB in, or acquired or incurred in relation to or in connection with, land transferred by paragraph (1) shall vest on the transfer date in the council or body to which such land is so transferred.
5
All records held by the LRB relating exclusively to land, rights or liabilities transferred by paragraph (1) or (4) shall vest on the transfer date in the council or body to which such land, rights or liabilities are so transferred.
6
The interests of the LRB transferred by paragraphs (1)(b) and (4) are transferred subject to the condition that —
a
if the University of Greenwich ceases to use any of the interests transferred to it for educational purposes or wishes to dispose of them it shall offer to transfer those interests to Goldsmiths' College in return for a payment to be agreed; and
b
if Goldsmiths' College ceases to use for educational purposes or wishes to dispose of the interests in the catering blocks in the former Rachel McMillan College transferred to it, it shall offer to transfer them to the University of Greenwich in return for a payment to be agreed.
Provided that if an offer is not accepted within three months it shall lapse and the body making the offer shall be entitled to dispose of its interests. If no agreement as to the amount of the payment has been reached within six months of the offer being made then the amount shall be fixed by the Secretary of State.
Transfer of property other than land
3
1
Where an interest in land vests by virtue of article 2 in any council or body, any property in or on the land, being property held by the LRB for the purposes of any of its functions, shall vest in the transfer date in that council or body.
2
Paragraph (1) applies —
a
to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;
b
to vehicles and other mobile equipment which are normally kept on any land; and
c
to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,
as it applies to property in or on that land.
3
The reference in paragraph (1) to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement relating to such property.
4
On the transfer date all interests of the LRB in the Roman Ship and other artifacts held on loan from the LRB by the Board of Governors of the Museum of London shall vest in that body.
5
The interests of the LRB in property referred to in articles 7(2), 8(3) and 9(2) shall not transfer under this article.
6
On the transfer date all records held by the LRB relating exclusively to property, rights or liabilities transferred by this article shall vest in the council or body to which such property, rights or liabilities are so transferred.
7
Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council or body to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
Charitable property
4
1
All interests of the LRB in property held exclusively for charitable purposes, other than interests acquired by the LRB under or by virtue of the 1988 Act, shall vest on the transfer date for the like purposes in Bromley.
2
Subject to paragraph (3), all interests acquired by the LRB under or by virtue of the 1988 Act in property held exclusively for charitable purposes shall vest on the transfer date for the like purposes in Kensington and Chelsea.
3
All interests of the LRB in the Beaufoy Institute shall vest on the transfer date in the council of the London Borough of Lambeth and shall be held by that council upon the trusts applicable thereto by virtue of a scheme made on 20th July 1909 by the Board of Education under the Charitable Trusts Acts 1853 to 1894.
4
All powers vested in the LRB in relation to any property transferred by paragraph (1), (2) or (3) shall vest on the transfer date in the council to which such property is so transferred.
5
All records held by the LRB relating exclusively to interests or powers transferred by this article shall vest on the transfer date in the council to which such interests or powers are so transferred.
Transfer of greater London monies
5
On the transfer date the LRB shall transfer from balances held on its greater London revenue account —
a
to Bromley the sum of £1 million; and
b
to the National Rivers Authority the sum of £1,712,755.
Transfer of inner London monies
6
1
Immediately before the transfer date the LRB shall set aside from balances held on its inner London revenue account the sum of £730,000 (“the special fund”).
2
On the transfer date the LRB shall transfer £230,000 from the special fund to the council of the London Borough of Lambeth to be applied only for the repair, improvement and running expenses of the Beaufoy Institute.
3
On 31st December 1992 the LRB shall transfer £500,000 from the special fund to the LPFA.
4
a
The LPFA shall apply the sum transferred under paragraph (3) and the sums referred to in article 4(1) of the 1991 Order and article 6(1) of the 1992 Order only for defraying expenditure incurred on, or in connection with, the functions, rights and liabilities vested in the LPFA by articles 7, 8 and 9 of this Order, article 2 of the 1991 Order and articles 2, 4 and 5 of the 1992 Order;
b
the 1991 Order shall be amended by the deletion of article 4(2); and
c
the 1992 Order shall be amended by the deletion of article 6(2).
5
Immediately before the transfer date the LRB shall set aside from balances held on its inner London revenue account the sum of £21.6 million of which —
a
£1 million may be applied only for defraying expenditure incurred by the LRB on and after the transfer date; and
b
£20.6 million may be applied only for defraying expenditure incurred by the LRB in respect of rights and liabilities conferred or imposed on the LRB by the Rates and Precepts (Final Adjustments) Order 1991 .
6
On the transfer date all monies representing the LRB’s inner London revenue and capital accounts, other than the sums referred to in paragraphs (1) and (5) and monies referred to in articles 7(2), 8(3) and 9(2), shall vest in Kensington and Chelsea (disregarding in calculating the amount to be so vested any deductions that fall to be made from those accounts in respect of accrued and potential liabilities).
Compensation and superannuation matters
7
1
Subject to paragraph (3), on 1st January 1993 all functions, rights and liabilities of the LRB in relation to the following, where they arise in relation to any contract of employment with the LRB, with the abolished council or with ILEA terminating before that date, shall transfer to the LPFA —
a
compensation under regulations made under section 24 of the Superannuation Act 1972 ;
b
such compensation as is mentioned in section 8(1)(b) of the Pensions (Increase) Act 1971 ;
c
gratuities or benefits payable by the LRB under Part K or L of the Local Government Superannuation Regulations 1986 ;
d
compensation payable under the London Government Reorganisation (Staff Compensation) Order 1988 ;
e
liabilities which are vested in or fall to be discharged by the LRB under or by virtue of section 179 of the 1988 Act;
f
compensation payable under section 181 of the 1988 Act;
g
any redundancy payment payable under Part VI of the Employment Protection (Consolidation) Act 1978 ;
h
increases payable under the Pensions (Increase) Act 1971 where the payment of the relevant pension falls within sub-paragraphs (a) to (g) above; and
i
the LRB’s responsibilities, as former employing authority, under regulation 3 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 .
2
On 1st January 1993 all records, monies and other personal property held by the LRB exclusively for or in connection with any of the matters specified in paragraph (1) shall vest in the LPFA.
3
This article shall not apply in relation to any functions, rights and liabilities which were transferred to the LPFA by virtue of the 1991 Order or the 1992 Order.
Transfer of employer liability functions etc.
8
1
Subject to paragraphs (2) and (4), all the functions, rights and liabilities of the LRB which relate to, or arise from, any contract of employment with the abolished council, ILEA or the LRB terminating before 1st January 1993 shall on that day transfer to, or vest in, the LPFA.
2
Paragraph (1) shall not apply to any rights and liabilities of the LRB in relation to any cause of action or proceeding brought by a third party against the abolished council, ILEA or the LRB, or against any employee of the abolished council, ILEA or the LRB, or against both such an employee and his employer.
3
On 1st January 1993 all records, monies and other personal property held or used by the LRB exclusively for or in connection with any of the matters specified in paragraph (1) shall vest in the LPFA.
4
Paragraph (1) shall not apply in relation to any functions, rights and liabilities which were transferred to the LPFA by virtue of the 1992 Order.
Transfer of employees' claims for personal injury and damage to property
9
1
On 1st January 1993 there shall vest in the LPFA the functions, rights and liabilities of the LRB in relation to any proceedings or cause of action in respect of a claim for personal injury or for damage to property by a person who at the relevant time was an employee of the LRB and whose contract of employment terminates before that date, insofar as such claim arose out of or in the course of his employment and such functions, rights and liabilities do not transfer to the LPFA pursuant to article 8 and were not transferred to the LPFA pursuant to the 1991 Order or the 1992 Order.
2
On 1st January 1993 all records, monies and other personal property held by the LRB exclusively for or in connection with any of the matters specified in paragraph (1) shall vest in the LPFA.
Transfer of residual property, rights and liabilities
10
1
Subject to paragraphs (2) and (5), the benefit of all clawback covenants shall vest on the transfer date in Bromley.
2
The benefit of all clawback covenants —
a
vested in the LRB; or
b
relating to land that was vested in the LRB,
by virtue of section 180 of the 1988 Act shall vest on the transfer date in Kensington and Chelsea.
3
On the transfer date all copyright or other intellectual property of the LRB in records vested in another body by article 12 of the Local Government Reorganisation (Property etc.) Order 1986 shall vest in that body.
4
Subject to the preceding provisions of this Order and to paragraphs (5), (6), (7), (8) and (10), on the transfer date —
a
all rights and liabilities of the LRB under the 1988 Act, and all property (other than land but including cash and the balance of any fund or account) held or acquired by the LRB under, or by virtue of, or in the exercise of any of the LRB’s functions under, the 1988 Act or any order made or direction given thereunder shall vest in Kensington and Chelsea; and
b
all remaining rights, liabilities and property (other than land, the South Bank movables, cash and the balance of any fund or account) of the LRB shall vest in Bromley.
5
The rights and liabilities of the LRB in, or acquired or incurred in relation to or in connection with, the South Bank property or South Bank movables including rights under clawback covenants and development related rights shall not transfer under paragraph (4).
6
The rights and liabilities conferred or imposed on the LRB by the Rates and Precepts (Final Adjustments) Order 1991 shall not transfer under paragraph (4).
7
The rights and liabilities of the LRB in respect of the Pits for the disposal of waste at Stone, Dartford in Kent shall not transfer under paragraph (4).
8
The right to receive payments in respect of any levy issued by the LRB under the Levying Bodies (General) Regulations 1990 shall not transfer under paragraph (4).
9
All liabilities of the LRB incurred under article 12(2) in the concurrent exercise of powers vested in —
a
Kensington and Chelsea; and
b
Bromley,
by article 12(1) shall, on 1st January 1993, vest in Kensington and Chelsea and Bromley respectively.
10
The preceding provisions of this article shall not apply to any rights or liabilities referred to in article 7, 8 or 9.
11
On 1st January 1993 all liabilities of the LRB to reimburse the LPFA in respect of sums paid by it as the LRB’s agent shall vest in Kensington and Chelsea.
Transfer of records
11
1
Subject to the preceding provisions of this Order and to paragraphs (2) and (3), on the transfer date —
a
all records of the LRB relating exclusively to any function which by virtue of this Order becomes a function of any council or body (“the transferee”) shall transfer to and vest in the transferee; and
b
all remaining records of the LRB shall transfer to and vest in the Common Council.
2
Records relating to functions, property, monies, rights and liabilities referred to in article 12(3) or (4) shall not transfer under this Order.
3
This article shall not apply to any records referred to in article 7, 8 or 9.
4
Where any records transferred to the Common Council by virtue of a relevant order relate wholly or partly to any property, function, right or liability transferred by the 1985 Act, or by the 1988 Act, or by a relevant order, the council, body or authority to which that property, function, right or liability has been transferred shall have the right to inspect those records and, at its own expense, to take copies.
5
In paragraph (4) “relevant order” means any order made under the 1985 Act or the 1988 Act (including this Order).
Transfer of functions
12
1
Subject to the preceding provisions of this Order and to paragraphs (2), (3) and (4), on the transfer date —
a
all functions of the LRB under the 1988 Act shall vest in Kensington and Chelsea; and
b
all remaining functions of the LRB shall vest in Bromley.
2
The LRB may continue to exercise powers which have vested in Kensington and Chelsea or Bromley under paragraph (1) (in particular the power to employ staff) no later than 31st December 1992.
3
Paragraph (1) shall not have the effect of transferring from the LRB to any other authority any functions which under the 1985 Act are exercisable or fall to be discharged in relation to any of the following matters —
a
the South Bank property;
b
South Bank movables;
c
any monies held on any greater London account;
d
any rights or liabilities in, or acquired or incurred in relation to or in connection with, the South Bank property or such monies including rights under clawback covenants and development related rights;
e
any rights and liabilities in respect of the Pits for the disposal of waste at Stone, Dartford in Kent; or
f
records relating to the matters set out in sub-paragraphs (a) to (e) above or to the functions which under the 1985 Act are exercisable or fall to be discharged in relation to them.
4
Paragraph (1) shall not apply to —
a
functions under sections 75, 77 , 78 and 79 of the 1985 Act;
b
functions under paragraphs 3, 5 and 10 of Schedule 13 to the 1985 Act;
c
functions under section 185 of the Education Reform Act 1988;
d
functions under regulations made under section 74 of the Local Government Finance Act 1988 ; or
e
functions referred to in article 7, 8 or 9.
Apportionment of receipts and expenditure of Kensington and Chelsea
13
1
All monies vested in Kensington and Chelsea by virtue of this Order and all sums realised by Kensington and Chelsea in consequence of the transfer by virtue of this Order of any property or rights (other than by virtue of article 2(1)(e)) shall, after deduction of any relevant expenditure and after setting aside from such monies such amount, if any, as Kensington and Chelsea estimates to be required for future such expenditure, be apportioned among the inner London councils and the Common Council in the appropriate proportions; and Kensington and Chelsea shall, not later than the end of the financial year in which such monies are received, pay the appropriate proportion to each of the other inner London councils and the Common Council and shall retain the balance.
2
If in any financial year the aggregate in that year of the monies referred to in paragraph (1), after bringing into account any amounts set aside as provided in paragraph (1), is insufficient to meet any relevant expenditure of Kensington and Chelsea for that year, the expenditure shall, to the extent that it is not met from the aggregate, be apportioned among the inner London councils and the Common Council; and the appropriate proportion shall be recoverable by Kensington and Chelsea from each of the other inner London councils and the Common Council.
3
Recovery of the appropriate proportion referred to in paragraph (2) may be effected at any time whether or not that proportion has been included in any estimate given under paragraph (4).
4
Kensington and Chelsea shall by 1st February in each financial year commencing with the year beginning on 1st April 1992 give to each inner London council and the Common Council its best estimate of the sum, if any, to be recovered by it from them under paragraph (2) in the next financial year.
5
Where expenditure is to be recovered by Kensington and Chelsea under paragraph (2) a demand setting out the appropriate proportion payable by that council shall be served on each inner London council and the Common Council, and if that sum has not been paid within 28 days, or such longer period as may be specified by Kensington and Chelsea, of service of the demand, interest shall be payable thereon calculated at the standard rate on a day to day basis from the end of that period to the date of payment and compounded with 3 monthly rests.
6
If in any financial year Kensington and Chelsea estimates that any sum set aside as provided in paragraph (1) is not required to meet any relevant expenditure in that or future financial years, such sum shall be apportioned among the inner London councils and the Common Council in the appropriate proportions; and Kensington and Chelsea shall, not later than the end of the financial year in question, pay the appropriate proportion to each of the other inner London councils and the Common Council and shall retain the balance.
7
As soon as reasonably practicable after the end of each financial year Kensington and Chelsea shall send to each of the other inner London councils and the Common Council a statement showing —
a
the total relevant expenditure incurred by it in that financial year;
b
how that expenditure was financed; and
c
the total amount recovered in respect of that expenditure from each inner London council and the Common Council.
8
For the purposes of this article “relevant expenditure” means —
a
expenditure incurred in consequence of the provisions of this Order including expenditure incurred before the transfer date in preparation for the transfer to Kensington and Chelsea of the functions, property, rights and liabilities transferred to it by this Order; and
b
expenditure referred to in article 4(2) of the Education (London Residuary Body) (Transitional and Supplementary Provisions) Order 1992 (certain expenditure on or in connection with payments under section 1 or 2 of the Education Act 1962 ) to the extent that the expenditure exceeds £680,000.
Apportionment of receipts and expenditure of Bromley
14
1
All monies vested in Bromley by virtue of this Order and all sums realised by Bromley in consequence of the transfer by virtue of this Order of any property or rights (other than by virtue of article 2(1)(e)) shall after deduction of any relevant expenditure and after setting aside from such monies such amount, if any, as Bromley estimates to be required for future such expenditure, be apportioned among the London borough councils and the Common Council in the appropriate proportions; and Bromley shall, not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other London borough councils and the Common Council and shall retain the balance.
2
If in any financial year the aggregate in that year of the monies referred to in paragraph (1), after bringing into account any amounts set aside as provided in paragraph (1) and the available balance held under the 1990 Order, is insufficient to meet any relevant expenditure of Bromley for that year, the expenditure shall, to the extent that it is not met from the aggregate, be apportioned among the London borough councils and the Common Council in the appropriate proportions; and the appropriate proportion shall be recoverable by Bromley from each of the other London borough councils and the Common Council.
3
Recovery of the appropriate proportion referred to in paragraph (2) may be effected at any time whether or not that proportion has been included in any estimate given under paragraph (4).
4
Bromley shall by 1st February in each financial year commencing with the year beginning on 1st April 1992 give to each London borough council and the Common Council its best estimate of the sum, if any, to be recovered by it from them under paragraph (2) in the next financial year.
5
Where expenditure is to be recovered by Bromley under paragraph (2) a demand setting out the appropriate proportion payable by that council shall be served on each London borough council and the Common Council, and if that sum has not been paid within 28 days, or such longer period as may be specified by Bromley, of service of the demand, interest shall be payable thereon calculated at the standard rate on a day to day basis from the end of that period to the date of payment and compounded with 3 monthly rests.
6
If in any financial year Bromley estimates that any sum set aside as provided in paragraph (1) is not required to meet any relevant expenditure in that or future financial years, such sum shall be apportioned among the London borough councils and the Common Council in the appropriate proportions; and Bromley shall, not later than the end of the financial year in question, pay the appropriate proportion to each of the other London borough councils and the Common Council and shall retain the balance.
7
As soon as reasonably practicable after the end of each financial year Bromley shall send to each of the other London borough councils and the Common Council a statement showing —
a
the total relevant expenditure incurred by it in that financial year;
b
how that expenditure was financed; and
c
the total amount recovered in respect of that expenditure from each London borough council and the Common Council.
8
For the purposes of this article —
a
“the available balance held under the 1990 Order” means so much, if any, of the sum of £2 million referred to in article 6 of the 1990 Order as remains unexpended less such part thereof as Bromley estimates will be required to defray future expenditure incurred in consequence of the provisions of the 1990 Order; and
b
“relevant expenditure” means expenditure incurred in consequence of the provisions of this Order including expenditure incurred before the transfer date in preparation for the transfer to Bromley of the functions, property, rights and liabilities transferred to it by this Order.
9
The 1990 Order shall be amended by the addition at the end of article 6(2) of the words “or of the Education (London Residuary Body) (Transfer of Functions and Property) (No. 2) Order 1992”.
Continuity of the exercise of functions
15
1
Anything done by or in relation to (or having effect as if done by or in relation to) the LRB in the exercise of or in connection with a function which by virtue of this Order becomes the function of any council or body (“the transferee”) shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to the transferee.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination, to the giving of notice, to the entering into of any agreement or other instrument, and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Complaints of maladministration by the LRB
16
1
The Parliamentary Commissioner may investigate or, as the case may be, may continue to investigate a complaint of maladministration by the LRB arising in relation to any functions, property, rights or liabilities transferred by this Order or by any Order referred to in paragraph (2).
2
In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the LRB there were substituted —
a
where the complaint relates to the exercise of a function which by virtue of this Order, the London Government Reorganisation (Pensions etc.) Order 1989 , the 1991 Order or the 1992 Order becomes a function of the LPFA, a reference to the officer of the LPFA appointed by it for the purpose of dealing with such complaints; or
b
where the complaint relates to the exercise of a function, or to property, rights or liabilities, which by virtue of this Order or any order under the 1985 Act or the 1988 Act transfer to or vest in any council, a reference to the proper officer of that council;
and as if any specified action had been taken by the LPFA, or, as the case may be, by the relevant council.
Disputes
17
1
In the event of a dispute between any councils as to the amount of any sum payable or expenditure recoverable by Kensington and Chelsea or Bromley pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
2
An application to the Secretary of State to appoint an arbitrator must be made within one month of the date that Kensington and Chelsea or Bromley, as the case may be, first gives notice in writing to the council or councils in question stating the amount of the sum payable or expenditure recoverable. If no such application is made the sum payable or expenditure recoverable shall be as stated by Kensington and Chelsea or Bromley as the case may be.
Miscellaneous
18
1
The following orders are hereby revoked —
a
the Education (Inner London Education Authority) (Horniman and Geffrye Museums) (Transfer of Functions) Order 1990 in so far as it is still in force; and
b
the Education (London Residuary Body) (Capital Money) Order 1991 .
2
Article 4 of the Education (Inner London Education Authority) (Transfer of Functions) Order 1991 shall be amended by the substitution of the words “the council of the Royal Borough of Kensington and Chelsea” for the words “the London Residuary Body”.
John Patten
Secretary of State for Education
16th September 1992


text:
PART I
INTRODUCTION
Title, commencement, interpretation and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/ EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market and Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries , both of which have been amended in accordance with Schedule 1;
“border inspection post” means a place specified in Schedule 2;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated;
“import” means import into Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“local authority” means —
in England and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Scotland, the regional or islands council;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“veterinary inspector” means a person appointed by the Minister for the purposes of these Regulations.
3
Any reference in these Regulations to a Schedule, unless the context otherwise
4
Any reference in these Regulations to a directive is to that directive as amended.
5
All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
These Regulations do not apply to Northern Ireland.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.
PART II
INTRA-COMMUNITY TRADE
Application of Part II
4
This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the directives listed in Schedule 3 or which are specified in Schedule 4, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of animals and aquaculture products .
Exports
5
No person shall export or consign for export to another member State any animal or animal product unless —
a
if it is controlled by one or more of the directives listed in Schedule 3, it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination) and any additional requirements on health conditions of the member State of destination, and, when required by a directive or the member State of destination, is accompanied by an export health certificate signed by a veterinary inspector and any other document required by a directive or by the member State of destination;
b
in the case of an animal or animal product specified in Schedule 4, it fulfils all the animal health requirements of the member State of destination and, when required by the member State of destination, is accompanied by an export health certificate signed by a veterinary inspector and any other document required by the member State of destination; and
c
if it is acquired through a market or consigned through an assembly centre, such market or assembly centre has been approved by the Minister for the purposes of intra-Community trade, and the market or assembly centre complies with the provisions of the directives listed in Schedule 3 relating to markets and assembly centres.
Imports
6
No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and originating in a member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.
Registration of dealers
8
1
If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such and shall give to the Minister such undertakings as to compliance with these Regulations as shall be specified in the notice.
2
Any person who has received a notice under the preceding paragraph shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.
Inspection and checking at destination
9
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3 have been complied with, or, in the case of animals and animal products specified in Schedule 4, the animal health conditions applicable to imports into Great Britain have been complied with.
2
In addition to the powers in paragraph (1) above, an inspector shall have power to inspect animals and animal products and accompanying documents anywhere and at any time if he has information leading him to suspect an infringement of the directives listed in Schedule 3 or, for those animals and animal products specified in Schedule 4, of the animal health conditions applicable to imports into Great Britain.
3
Any powers exercised under Regulation 27 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.
Duties on consignees
10
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae ) unless the importer or consignee has notified to the Divisional Veterinary Officer in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
Duties on consignees relating to animals
11
1
Where animals are consigned to a market or assembly centre approved by the Minister for the purposes of intra-Community trade, the operator of the market or assembly centre shall ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC .
2
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat , the latter shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC .
3
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify the Divisional Veterinary Officer, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose, or
b
by notice in writing served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
4
Where paragraphs (1) and (2) above do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before the batch is divided up or marketed, that all the animals comply with the relevant provisions of the directives listed in Schedule 3, or for those animals and animal products specified in Schedule 4, with the animal health conditions applicable to imports into Great Britain, with respect to identification marks and accompanying documentation;
b
shall forthwith notify the Divisional Veterinary Officer of any irregularity or anomaly, and
c
if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC , shall isolate the animals in question until the Divisional Veterinary Officer has authorised their release in writing.
Illegal consignments
12
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 5 or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person —
a
immediately to detain them (and, in the case of animals, keep them isolated from any other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within Great Britain, or
b
without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered, or slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representatives by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of excessive residues, maintenance of the animals under supervision until all relevant legislation on residues is complied with and, in the event of failure to comply with that legislation, application of the measures provided for in that legislation, or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice, or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
3
If the only way the consignment fails to comply with legislation is irregularity in documentation, an inspector shall not cause the animals to be returned to the country of despatch without first giving the consignor or his representative a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.
4
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person responsible for the animals and products shall be jointly and severally liable for the costs of any action taken under this regulation.
PART III
THIRD COUNTRIES
Application
13
This Part of these Regulations shall apply in respect of animals imported into Great Britain —
a
from anywhere other than a member State, and
b
from another member State if the animals originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
14
The Minister of Agriculture, Fisheries and Food shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of the Regulations and may revoke such designation at any time.
Importation
15
1
No person shall import any animal
a
either for entry into Great Britain or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC and Articles 3, 4 and 5 of Council Directive 91/628/EEC on the protection of animals during transport are complied with as well as any additional legislation applicable in Great Britain, or
b
for immediate re-export, either directly or indirectly, outside the European Economic Community unless such transit has been previously authorised in writing by the Minister and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal to which a decision listed in Schedule 6 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.
Places of import
16
1
No person shall import any animal except at a border inspection post and in accordance with any conditions imposed in Schedule 2 relating to that border post, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this Regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Economic Community.
4
In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person responsible for the animals shall be jointly and severally liable for the costs of any action taken under this regulation.
Import procedure
17
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed Schedule 6 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4(1) and (2)(a), (b) and (d) and 8 and 9 of Council Directive 91/496/EEC to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.
Payment of fees
18
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
19
Where checks at the quarantine centre or border inspection post reveal that a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the consignment, and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
20
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals; or
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Great Britain; or
c
re-dispatch them outside the territory of the European Economic Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-dispatch is not possible, in particular for reasons of the welfare of animals, he by notice served on the person appearing to him to have charge of the animals —
a
may, after ante-mortem examination, authorise slaughter of the animals for human consumption if so doing would comply with all relevant legislation;
b
must otherwise order the slaughter of the animals for purposes other than human consumption or order the destruction of the carcases, specifying the conditions regarding control of the use of the products obtained.
5
In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
6
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
21
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those permises unless authorised in writing by an authorised officer of the Minister.
PART IV
IMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE
Application
22
This Part of these Regulations shall apply in respect of animals imported into Great Britain and which originated outside the European Economic Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
23
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Economic Community under Article 7.1 of Council Directive 91/496/EEC .
Import procedure
24
The provisions of Regulations 7 to 12, 15(2) and 21 of these Regulations shall apply to animals to which this Part applies as they apply to animals originating within the European Economic Community.
PART V
GENERAL
Outbreaks of disease in other states
25
1
This Regulation shall apply where the Minister learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 5, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstance described in paragraph (1) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.
3
Upon such declaration being made, the entry into Great Britain of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations.
4
A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.
Notification of decisions
26
If the consignor or his representative so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
27
1
Subject to Regulation 9 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the -directives listed in Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports;
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations;
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Obstruction
28
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations,
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
29
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
30
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under Regulation 28(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these R egulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
31
The provisions of the legislation listed in Schedule 7 shall not apply to imports from another member State of animals and animal products to which a directive listed in Schedule 3 applies, or to imports of an animal to which a decision listed in Schedule 6 applies from the country subject to that decision, to the extent specified in column 3 of that Schedule.
Revocations
32
The Exportation of Pigeons Order 1983 and the Diseases of Animals (Export Health Certificates) Order 1985 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
23rd December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1992 and (except for regulations 10(2) and 11 and Part II of Schedule 9 and regulation 14, so far as it revokes regulations 10(2) and 11 of and Part II of Schedule 9 to the Health and Safety (Fees) Regulations 1991( ) which shall come into force on 2nd November 1992) shall come into force on 20th August 1992.
2
In these Regulations, unless the context otherwise requires —
“approval ” includes the amendment of an approval, and “amendment of an approval ” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser ” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions ” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954( );
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969( )
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974( ) or are health and safety regulations);
“original approval ” and “original authority ” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval ” or “renewal of licence ” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment ” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of respiratory protective equipment —
a
under the Factories Act 1961( ), or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1980( );
c
under the Ionising Radiations Regulations 1985( );
d
under the Control of Asbestos at Work Regulations 1987( ); and
e
under the Control of Substances Hazardous to Health Regulations 1988( ).
2
The fee payable for approval of each item of the subject matter described in column 1 of Schedule 2 shall be that specified in column 2 of that Schedule and the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
For the purposes of Schedule 2, the number of hours worked shall include time spent by the Executive’s staff carrying out any testing to determine whether approval can be granted.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974( ).
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984( ).
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983( ).
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980( ).
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval or reassessment of approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985( ).
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, together with any fee determined under paragraph (4), where applicable.
4
Where the Executive requires an inspection to be carried out to determine whether an approval mentioned in paragraph (1) should be granted and it is necessary for any member of the Executive’s staff to travel outside Great Britain for the purpose of the inspection, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of the member of the Executive’s staff in connection with the inspection.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
4
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with the grant of an ammonium nitrate mixtures licence as specified in column 1 of Part V of Schedule 9, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
5
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation Act 1928( ) or section 1(4) of the Petroleum (Transfer of Licences) Act 1936( ) the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after 2nd November 1992 irrespective of the date of the application for that licence, transfer or renewal.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987( ).
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Calculation of hours worked
13
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 2(2), 3(2) or 10(5) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
14
The Health and Safety (Fees) Regulations 1991 are hereby revoked.
Northern Ireland
15
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
15th July 1992


text:
1
This Order may be cited as the Combined Probation Areas (Oxfordshire) Order 1992 and shall come into force on 1st April 1992.
2
1
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Oxfordshire probation area shall be amended by–
a
omitting the entries in respect of the petty sessions areas of East Oxfordshire and Henley;
b
inserting in alphabetical order in column 1 “Thame and Henley”, and corresponding to this in column 3 “4”.
2
As from 1st December 1992, paragraph (1)(b) of this article shall have effect as if the reference to “4” was a reference to “3”.
3
The four members of the Oxfordshire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions areas of East Oxfordshire and Henley shall continue in office as if they had been appointed by the justices for the new petty sessions area of Thame and Henley .
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
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 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Fosse Health, Leicestershire Community 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 Fosse Health, Leicestershire Community 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 Loughborough Hospital, Hospital Way, Loughborough, Leicestershire and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Community Unit Headquarters, Gypsy Lane, Humberstone, Leicester LE5 0TD and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Leicester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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 Leicestershire 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 those premises to the trust.
2
The Leicestershire 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 Leicestershire 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
23rd October 1992


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No.2) Regulations 1992 and shall come into force on 1st August 1992.
2
The Value Added Tax (General) Regulations 1985 shall be amended as follows.
3
In regulation 46, for paragraph (d) there shall be substituted the following:
d
the goods —
i
were owned by him at the time of exportation and have remained his property, or
ii
were owned by him at the time of exportation and have been returned after rejection by an overseas customer or because it was not possible to deliver them to an overseas customer, or
iii
have been returned from the continental shelf; and
.
4
In regulation 47(1), for sub-paragraph (a) there shall be substituted the following:
a
in the case of a motor car —
i
it was supplied in or imported into the United Kingdom before its export, and any purchase tax or tax due on that supply or importation was paid and neither has been, nor will be, refunded or deducted, and
ii
it was not exported free of tax by reason of the zero-rating provisions of subsections (6) and (7) of section 16 of the Act or regulations made thereunder or free of purchase tax;
.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th July 1992