text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Community Health 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 Mid Essex Community Health 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 Mid Essex Community Health 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 to manage community health services provided from Trust Headquarters, Collingwood Road, Witham, Essex CM8 2TT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Mid Essex Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Mid Essex Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Mid Essex 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
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers at-Arms) (Amendment) 1992 and shall come into force on 26th March 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at Arms) 1990 shall be amended in accordance with the following sub-paragraphs.
2
In Item 1(b) (postal service) in Band 2, for the figures “34.75” substitute “14.75”.
3
In Item 3(a)(i) (interdict only, each person at a different address), for the figures “23.10” substitute “73.10”.
4
In Item 4(c)(v) (poindings), after the word “value” insert the word “over”.
5
In Item 6(b) (sequestrations for rent, poinding of the ground) immediately following the word “sequestration”, for the word “of” substitute the word “or”.
6
In Item 7(c) (sales, attending warrant sale alone conducted by auctioneer) —
a
in Band 2, for the figures “20.80” substitute “35.20”;
b
in Band 3, for the figures “20.80” substitute “44.50”.
7
The fees as amended by this paragraph shall apply to work done on or after the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
5th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 6) Order 1992 and shall come into force for the purposes of articles 2, 3 and 6 on 13th November 1992 and for all other purposes on 4th January 1993.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
British Coal mining development
2
In Part 20 of Schedule 2 to the 1988 Order —
a
for Class A, substitute —
Class A
Permitted development
A
Development by the British Coal Corporation, their lessees or licencees, in a mine started before 1st July 1948, consisting of —
a
the winning and working underground of coal or coal- related minerals in a designated seam area; or
b
the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.
Development not permitted
A.1
Development is not permitted by Class A in a designated seam area after 30 September 1993 unless a seam plan for that area has, before that date, been deposited with the mineral planning authority.
Interpretation
A.2
For the purposes of Class A —
“designated seam area” means —
where no seam plan has been deposited with the mineral planning authority for a mine, land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at the mine at the date of the coming into force of this Class, without further development on an authorised site other than development permitted by Class B;
or
where a seam plan has been so deposited, land identified in that seam plan in accordance with paragraph (a) of the definition of “seam plan”;
“coal-related minerals” means minerals other than coal referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946 ;
“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing —
land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at the date of the coming into force of this Class, without further development on an authorised site other than development permitted by Class B;
any active access used in connection with the land referred to in paragraph (a);
the National Grid lines and reference numbers shown on Ordnance Survey maps;
a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a).
;
b
omit Class D.
Mineral exploration
3
In Part 22 of Schedule 2 to the 1988 Order —
a
in paragraph B delete “during a period not exceeding 4 months”;
b
in paragraph B.2(b), after “unless” insert “specified in detail in the notification referred to in paragraph B.1(b) or”;
c
after paragraph B.2(d) insert —
e
the development shall cease no later than a date 6 months after the elapse of the relevant period, unless the mineral planning authority have otherwise agreed in writing.
.
Development by telecommunications code system operators
4
For Part 24 of Schedule 2 to the 1988 Order substitute —
PART 24
DEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS
Class A
Permitted development
A
Development by or on behalf of a telecommunications code system operator for the purpose of the operator’s telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of —
a
the installation, alteration or replacement of any telecommu nication apparatus,
b
the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunication apparatus required for the replacement of unserviceable telecommunication apparatus, including the provision of moveable structures on the land for the purposes of that use, or
c
development ancillary to radio equipment housing.
Development not permitted
A.1
Development is not permitted by Class A(a) if —
a
in the case of the installation of apparatus (other than on a building or other structure) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;
b
in the case of the alteration or replacement of apparatus already installed (other than on a building or other struc ture), the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;
c
in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed —
i
15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or
ii
10 metres in any other case;
d
in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than —
i
10 metres, in the case of a building or structure which is 30 metres or more in height;
ii
8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height;
iii
6 metres in any other case;
e
in the case of the installation, alteration or replacement of any apparatus other than —
i
a mast,
ii
an antenna,
iii
a public call box,
iv
any apparatus which does not project above the level of the surface of the ground, or
v
radio equipment housing,
the ground or base area of the structure would exceed 1.5 square metres;
f
in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a dwelling- house or a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a dwellinghouse or a mast) which is 15 metres or more in height —
i
the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;
ii
in the case of dish antennas, the size of one dish would exceed 0.9 metres or the cumulative size of every such dish would exceed 1.5 metres, when measured in any dimension;
iii
in the case of antennas other than dish antennas, the development would result in the presence on the building or structure of more than two antenna sys tems; or
iv
the building or structure is a listed building or a scheduled ancient monument;
g
in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a dwelling- house or a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level —
i
in the case of dish antennas, the size of one dish would exceed 1.3 metres or the cumulative size of every such dish would exceed 3.5 metres, when measured in any dimension;
ii
in the case of antenna systems other than dish antennas the development would result in the presence on the building or structure of more than three antenna systems; or
iii
the building or structure is a listed building or a scheduled ancient monument;
h
in the case of development of any article 1(5) land, it would consist of —
i
the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or
ii
the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,
unless the development is carried out in an emergency;
i
it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Sys tems) Act 1989 ;
j
in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway; or
k
in the case of the installation, alteration or replacement of radio equipment housing —
i
the development is not ancillary to the use of any other telecommunication apparatus;
ii
it would exceed 90 cubic metres or, if located on the roof of a building, it would exceed 30 cubic metres;
iii
on any article 1(5) land, it would exceed 2 cubic metres, unless the development is carried out in an emergency.
Conditions
A.2
1
Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.
2
Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated —
a
if such development was carried out on any article 1(5) land in an emergency, at the expiry of the relevant period, or
b
in any other case, as soon as reasonably practicable after it is no longer required for telecommunication purposes,
and such land, building or structure shall be restored to its condition before the development took place.
3
Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the develop ment took place.
4
Development on —
a
article 1(5) land (unless carried out in an emergency), or
b
any other land consisting of the construction, installation, alteration or replacement of a mast or a public call box, or of radio equipment housing with a volume in excess of 2 cubic metres, or of development ancillary to radio equipment housing,
is permitted by Class A subject to the following conditions —
i
prior to an application to the local planning authority in accordance with the following paragraphs, where the proposed development consists of the installation of a mast within 3 kilometres of an aerodrome, the devel oper shall notify the Civil Aviation Authority or the Ministry of Defence, as appropriate, of the proposal;
ii
the developer shall, before beginning the development, apply to the local planning authority for a determina tion as to whether the prior approval of the authority will be required to the siting and appearance of the development;
iii
the application shall be accompanied —
a
by a written description of the proposed develop ment and a plan indicating its proposed location together with any fee required to be paid; and
b
where the proposed development consists of the installation of a mast within 3 kilometres of an aerodrome, by evidence that the Civil Aviation Authority or the Ministry of Defence, as appropri ate, has been notified of the proposal;
iv
the development shall not be begun before the occur rence of one of the following —
a
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
b
where the local planning authority gives the appli cant notice that such prior approval is required, the giving of such approval to the applicant within 28 days following the date on which they received his application; or
c
the expiry of 28 days following the date on which the local planning authority received the applica tion, without the local planning authority making any determination as to whether such approval is required, notifying the applicant of their determi nation, or giving or refusing approval to the siting or appearance of the development;
v
the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out —
a
where prior approval is required, in accordance with the details approved;
b
where prior approval is not required, in accordance with the details submitted with the application or otherwise agreed by the local planning authority;
and
vi
the development must be begun —
a
where approval has been given by the local plan ning authority, not later than the expiration of five years beginning with the date on which approval was given;
b
in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iii).
5
In a case of emergency, development on any article 1(5) land is permitted by Class A subject to the condition that the operator shall give written notice to the local planning authority of such develop ment as soon as possible after the emergency begins.
Interpretation
A.3
For the purposes of this class —
“ 1984 Act ” means the Telecommunications Act 1984 ;
“antenna system” means a set of antennas installed on a building or structure and operated by a single telecommunications code system operator in accordance with his licence;
“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of struc tures, equipment or means of access which are ancillary to and reasonably required for the purposes of radio equipment hous ing;
“development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions relating to the application of that code imposed by the terms of his licence;
“land controlled by an operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;
“mast” means a radio mast or a radio tower;
“relevant period” means a period which expires —
six months from the commencement of the construc tion, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or
when the need for such apparatus, structure or use ceases,
whichever occurs first;
“telecommunication apparatus” means any apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the 1984 Act, and includes radio equipment housing;
“the telecommunications code” means the code contained in Schedule 2 to the 1984 Act;
“telecommunications code system operator” means a person who has been granted a licence under section 7 of the 1984 Act which applies the telecommunications code to him in pursuance of section 10 of that Act;
“telecommunication system” has the meaning assigned to that term by section 4(1) of the 1984 Act.
.
Applications made under planning condition
5
In article 24 of the 1988 Order, after “other than an application for approval of reserved matters” insert “or an application for approval under Part 24 of Schedule 2”.
Transitionals
6
1
Notwithstanding the omission of Class D of Part 20 of Schedule 2 to the 1988 Order by article 2(b) of this Order —
a
that Class shall continue to apply in relation to operations which are being carried out at the date of the coming into force of this article; and
b
paragraph D.1.(b) of that Class shall continue to apply in relation to operations which have been completed at that date.
2
Any notice which has been served under paragraph D.1.(a) of that Class at the date of the coming into force of this article shall be treated as if it were a notice served for the purposes of paragraph B.1.(b) of Part 22 of Schedule 2 to the 1988 Order in relation to any operations forming part of the development indicated in the notice which have not been begun at that date; and the relevant period referred to in paragraph B.1.(c) of that Part shall be treated as having elapsed at that date in relation to those operations.
Michael Howard
Secretary of State for the Environment
13th October 1992
David Hunt
Secretary of State for Wales
14th October 1992


text:
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme) Regulations 1992 and shall come into force on 1st March 1992.
2
A scheme made by the Lord Chancellor in exercise of the powers conferred on him by section 42(1) of the Administration of Justice Act 1982 shall be treated as not being a unit trust scheme for the purposes of Part VII of the Finance Act 1946.
Irvine Patnick
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Levying Bodies (General) Regulations 1992 and shall come into force on 11th December 1992.
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“levying body” means a levying body (as defined in section 74(1) of the 1988 Act) to which these Regulations apply by virtue of regulation 2;
“relevant Act” in relation to a levying body, means the Act or statutory instrument by which a relevant precepting power was conferred on that body;
“relevant authority”, in relation to a levying body, means a county council or billing authority in respect of which a relevant precepting power would have been exercisable; and
“relevant precepting power”, in relation to a levying body, means any power under any enactment which that body would have had, apart from section 117 of the 1988 Act, in respect of the financial year beginning in 1990 to issue a precept to, make a levy on, or have its expenses paid by a county council or a billing authority.
Application
2
These Regulations 3 to 11 apply to any levying body (as defined in section 74(1) of the 1988 Act) in respect of which provision is not otherwise made by regulations made (before or after these Regulations) under section 74 of the 1988 Act and in relation to any levy to be issued or anticipated in respect of any financial year beginning on or after 1st April 1993.
Power to issue levies
3
1
A levying body may issue to a relevant authority in accordance with these Regulations a levy in respect of any financial year to meet the expenditure of the levying body in respect of which a relevant precepting power would have been exercisable.
2
When issuing a levy, a levying body must notify the relevant authority whether it or any portion of it relates only to a part of the authority’s area and, if it does, which part.
Issue of levies
4
1
In this regulation, subject to paragraph (3) below, “the relevant date” means 15th February in the financial year preceding that in respect of which a levy is issued.
2
A levy must be issued before the relevant date, but it is not invalid merely because it is issued on or after that date.
3
Where the relevant Act would, apart from section 117 of the 1988 Act, have required the levying body to issue a precept, make a levy or provide an estimate of its expenditure to be paid, before a date which is earlier than the relevant date, that earlier date shall be the relevant date for the purposes of paragraph (2) above.
4
Paragraph (3) above does not apply —
a
to a levy issued in respect of the financial year beginning in 1993; or
b
to levies for amounts which regulation 6 requires to be borne in the relevant proportion.
5
This regulation does not apply to a substituted levy issued in accordance with regulation 8.
Maximum amount of levies
5
1
Where a relevant precepting power was subject to a limit (“the relevant limit”) imposed by or under the relevant Act on the whole or part of the amount for which the levying body might issue a precept to, make a levy on, or seek payment from the relevant authority, the whole or such part of the amount of a levy issued by the body under these Regulations by reference to that power shall be subject to the relevant limit.
2
Where the relevant limit is expressed in terms of the product of a rate of a specified amount in relation to a financial year —
a
for the purposes of a levy issued in respect of the financial year beginning in 1993, the product of a rate of that amount for that area shall be taken to be the amount ascertained in accordance with regulation 5(2) of the Levying Bodies (General) Regulations 1990 for the purposes of a levy issued in respect of the financial year beginning in 1992, increased by 3.6 per cent.; and
b
for the purposes of a levy issued in respect of any subsequent financial year, the product of a rate of that amount for that area shall be taken to be the amount ascertained in accordance with sub-paragraph (a) above, increased or decreased in proportion to the difference between the retail prices index for September of the financial year preceding that in respect of which the levy is issued and the retail prices index for September 1992.
3
References in paragraph (2)(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment
6
1
This regulation applies where the relevant Act provides for the amount of precepts, levies or expenses of a levying body to be borne by more than one relevant authority.
2
Subject to paragraphs (3), (4) and (8) below, where the relevant Act provides for the manner in which the amounts of precepts, levies or expenses are to be apportioned between the relevant authorities, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in accordance with that provision.
3
Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the relevant authorities in such proportion as those authorities may agree, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in that agreed proportion or, if no proportion is agreed, in the relevant proportion.
4
Subject to paragraph (8) below, where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the relevant authorities in a proportion calculated by reference to population, or the product of a rate, a rateable value or any other factor connected with rating, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in the relevant proportion.
5
For the purposes of this regulation, the relevant proportion shall be determined by reference to the council tax base for the financial year in respect of which the levy is issued for the area of each relevant authority or, as the case may be, the part of that area in respect of which the levy is issued.
6
For the purposes of this regulation and regulation 7(2), the council tax base for an area or part of an area for a financial year is, subject to paragraph (7) below, —
a
where the levy is issued in respect of the whole of a billing authority’s area, the amount calculated by that authority as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;
b
where the levy is issued in respect of the whole of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas in accordance with the rules for the time being effective (as regards that year) under regulations made under section 44(5) of the 1992 Act;
c
where the levy is issued in respect of part of a billing authority’s area, the amount calculated by that authority as its council tax base for the year for that part of its area in accordance with the rules for the time being effective (as regards that year) under regulations made under section 34(4) of the 1992 Act; or
d
where the levy is issued in respect of part of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the part of the area of the county council to which the levy relates in accordance with the rules for the time being effective (as regards that year) under regulations made under section 45(4) of the 1992 Act.
7
Where a billing authority has calculated and, where required, notified to a county council within the period prescribed by the Local Authorities (Calculation of Council Tax Base) Regulations 1992 , its council tax base for its area or the part of its area in respect of which the levy is issued for the purposes of item T in section 33(1) or 44(1) of the 1992 Act or item TP in section 34(3) or 45(3) of that Act the council tax base for its area or part of its area shall be the amount so calculated.
8
A levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to the relevant precepting power conferred by section 48 or 88 of the Local Government Act 1985 are borne by the relevant authorities in a proportion calculated by reference to the total resident population of the area of each relevant authority on 30th June in the financial year beginning two years before the beginning of the financial year in respect of which the levy is issued, as estimated by the Registrar General.
Notification of council tax base
7
1
This regulation applies where the expenses to be met by levies are required by regulation 6 to be borne in the relevant proportion, and for the purposes of this regulation, a notifying authority, in relation to a levying body, is a billing authority —
a
which is a relevant authority; or
b
to which a county council which is a relevant authority has power to issue a precept.
2
A notifying authority shall, within the period prescribed in paragraph (3) below, inform a levying body of the council tax base, determined in accordance with paragraphs (6) and (7) of regulation 6, for its area, or (as the case may require) the part or parts of its area, in respect of which a levy will be issued or it anticipates that a levy will be issued in the immediately following financial year.
3
The period is —
a
in relation to a levy which will be issued or is anticipated in respect of the financial year beginning on 1st April 1993, the period beginning on the day after these Regulations come into force and ending on 31st January 1993;
b
in relation to a levy which will be issued or is anticipated in respect of a financial year beginning on or after 1st April 1994, the period beginning on 1st December and ending on 31st January in the preceding financial year.
Substituted levies
8
1
Subject to the following provisions of this regulation, a levying body which has issued a levy for a financial year under these Regulations (originally or by way of substitute) may issue a levy in substitution.
2
A levying body shall not have power to issue a substituted levy unless, in exercise of its relevant precepting power, it could have issued a substituted precept to, made a substituted levy on, or required a substituted amount to be paid in respect of expenses by the relevant authority.
3
No levy may be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (4) below.
4
The amount of any levy issued in substitution (“the new levy”) may be greater than the amount of that for which it is substituted “the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 6, but only so far as the new levy is required to be increased to effect a proper apportionment.
5
Where a levying body issues a new levy anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
6
But if the amount of the old levy exceeds that of the new levy, the following shall apply as regards anything paid if it would not have been paid had the amount of the old levy been the same as that of the new levy —
a
it shall be repaid if the relevant authority by whom it was paid so requires;
b
in any other case it shall (as the levying body determines) either be repaid or be credited against any subsequent liability of the relevant authority in respect of any levy issued by the levying body.
Payment of levies
9
1
Where the relevant Act makes provision as to the payment (in instalments or otherwise) of the amount of the precept, levy or expenses to which the relevant precepting power applied, the amount of any levy issued under these Regulations by reference to that power shall be paid by the relevant authority in accordance with that provision.
2
In any other case, the amount of a levy issued under these Regulations shall be paid in full by the relevant authority in the financial year in respect of which the levy is issued, at such time and in such instalments (if any) as may be agreed between the levying body and the relevant authority or, in default of such agreement, in five equal instalments, payable respectively by the end of April, June, August, October and December in that financial year, provided however that no instalment shall be payable until 30 days after the levy is issued.
3
References in this regulation to payment of a levy are references to the payment of a levy after the deduction of any amount credited against the liability of the relevant authority in respect of that levy in accordance with regulation 8(6)(b).
Interest on unpaid levies
10
1
Where the relevant Act makes provision as to the payment of interest on any amount of a precept, levy or expenses to which the relevant precepting power applies which is not paid by the due date for payment, the relevant authority shall be liable to pay to the levying body interest in accordance with that provision on the amount of a levy issued under these Regulations by reference to that power which remains unpaid after the due date for payment.
2
Where the relevant Act makes such provision as is mentioned in paragraph (1) above, but does not prescribe the rate of interest payable, interest payable under paragraph (1) shall be simple interest calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made at a rate equivalent to 2 per cent. above the highest base rate quoted from time to time by any of the reference banks.
3
For the purposes of paragraph (2) above —
a
the reference banks 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;
b
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 period for which interest is payable begins.
4
In this regulation —
“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) ; and
“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.
Anticipation of levies
11
1
In this regulation —
a
an “authority” means a billing authority or county council; and
b
a “relevant levying body”, in relation to an authority, means a levying body with power under these Regulations to issue a levy to that authority.
2
An authority making calculations in accordance with section 32 or, as the case may be, section 43 of the 1992 Act (“the calculations”), originally or by way of substitute, for a financial year (“the year”) may anticipate a levy to be issued in accordance with these Regulations to it for the year by a relevant levying body in any case where —
a
such a levy has not been issued by the relevant levying body to the authority at the time the calculations are made; and
b
the relevant levying body issued a levy for the preceding financial year.
3
Subject to paragraph (4) below, where, pursuant to paragraph (2) above, the authority anticipates a levy to be issued by a relevant levying body for the year, the amount of the levy so anticipated shall be equal to the authority’s estimate, at the time the calculation (or last calculations) are made, of the amount of the levy which it considers likely will be issued to it for the year by the relevant levying body.
4
Where a levy has previously been anticipated by the authority for the purposes of the calculations for the year, the amount of the levy which may be anticipated by the authority for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.
5
Whether or not an authority making calculations (originally or by way of substitute) for a financial year anticipates a levy to be issued in accordance with these Regulations to it by a relevant levying body —
a
where the relevant levying body issues such a levy to the authority, the authority shall pay to the relevant levying body a sum equal to the amount of the levy; and
b
where the relevant levying body does not issue such a levy to the authority, the authority shall not pay any sum to the relevant levying body in respect of such a levy.
Application of section 117 of the 1988 Act
12
Section 117 of the 1988 Act (rates and precepts: abolition) shall not have effect in relation to the power of any body to have its expenses paid by a billing authority conferred by any of the following orders —
a
the Local Government Reorganisation (Debt Administration) (Greater Man chester) Order 1986 ;
b
the Local Government Reorganisation (Debt Administration) (Merseyside) Order 1988 ;
c
the Local Government Reorganisation (Debt Administration) (South York shire) Order 1986 ;
d
the Local Government Reorganisation (Debt Administration) (Tyne and Wear) Order 1986 ;
e
the Local Government Reorganisation (Debt Administration) (West Midlands) Order 1986 ;
f
the Local Government Reorganisation (Debt Administration (West Yorkshire) Order 1986 .
Revocation
13
1
Subject to paragraph (2) below, the Levying Bodies (General) Regulations 1990 and the Levying Bodies (General) (Amendment) Regulations 1992 are hereby revoked.
2
The Regulations referred to in paragraph (1) above shall continue to have effect in relation to levies issued or anticipated in accordance with those Regulations in respect of a financial year beginning before 1st April 1993.
Michael Howard
Secretary of State for the Environment
18th November 1992
David Hunt
Secretary of State for Wales
19th November 1992


text:
Citation and interpretation
1
1
These Order may be cited as the Local Government Act 1992 (Commencement No.2) Order 1992.
2
In this Order “the 1992 Act ” means the Local Government Act 1992.
Provisions of the 1992 Act coming into force on 4th January 1993
2
The following provisions of the 1992 Act shall come into force on 4th January 1993 —
section 9; and
section 11, so far as it relates to paragraphs 6. 7, 13 and 14 of Schedule 1.
Provisions of the 1992 Act coming into force on 14th February 1993
3
The following provisions of the 1992 Act shall come into force on 14th February 1993 —
section 10; and
section 11, so far as it relates to paragraphs 1 and 11 of Schedule 1.
Provisions of the 1992 Act coming into force on 14th March 1994
4
Section 11 of the 1992 Act shall come into force on 14th March 1994 so far as it relates to paragraphs 2(2), (3) and 8 of Schedule 1.
Michael Howard
Secretary of State for the Environment
14th December 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1992 and shall come into force on 13th April 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitors' fees
2
1
In the rule 347 of the Rules of the Court of Session (fees of solicitors) in Chapters I, and III of the Table of Fees, for the fees and outlays specified in column 2 of the Schedule to this Act of Sederunt substitute those specified in column 3 of that Schedule; and such fees and outlays in column 3 shall apply to work done on or after the date on which this Act of Sederunt comes into force.
2
The fees and outlays specified in the Table of Fees in rule 347 of the Rules of the Court of Session which are specified in column 2 of the Schedule to this Act of Sederunt shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President,
Edinburgh
19th March 1992


text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Ministry of Defence Commercially Managed Ships) Order 1992 and shall come into force on 13th June 1992.
Interpretation
2
1
In this Order —
“Ministry of Defence commercially managed ship” means a Government ship in the service of the Ministry of Defence, the management of which is entrusted by the Secretary of State to some other person pursuant to a contract;
“the 1894 Act ” means the Merchant Shipping Act 1894;
“ the Acts ” means the Merchant Shipping Acts 1894 to 1988;
“Secretary of State” means the Secretary of State for Defence.
2
In this Order, any reference to a numbered article is a reference to the article so numbered in this Order.
Amendment of the Merchant Shipping (Ministry of Defence Ships) Order 1989
3
1
Article 3 (interpretation) of the Merchant Shipping (Ministry of Defence Ships) Order 1989 shall be amended as follows.
2
In the definition of “Ministry of Defence ship” after the words “other than a Ministry of Defence yacht” there shall be inserted the words “or a Ministry of Defence commercially managed ship”.
3
After the definition of “Ministry of Defence yacht” there shall be inserted the following definition —
“Ministry of Defence commercially managed ship” means a Government ship in the service of the Ministry of Defence, the management of which is entrusted by the Secretary of State to some other person pursuant to a contract;
.
Regulations for registry
4
An application for registry of a Ministry of Defence commercially managed ship shall be made in writing under the hand of an officer of the Ministry of Defence to a registrar of British ships and shall contain the following particulars —
a
a statement of the name and description of the ship;
b
a statement of the time when and the place where the ship was built; or, if the ship was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name;
c
a statement of the nature of the title to the ship, whether by original construction by or for the Ministry of Defence, or by purchase, capture, condemnation or otherwise, and, if she was not originally constructed by or for the Ministry of Defence, a list of the documents of title, if any;
d
a statement of the name and address of the person to whom the management of the ship has been or is to be entrusted by the Secretary of State.
5
The registrar, on receiving an application made under article 4, shall enter in the register the following particulars —
a
a record of the ship as belonging to the Secretary of State;
b
the name of the port of registry;
c
the particulars stated in the application for registry;
d
the details comprised in the certificate granted by a surveyor pursuant to section 6 of the 1894 Act .
6
Upon the registry of a Ministry of Defence commercially managed ship the registrar shall retain in his possession the application for registry and any documents of title produced with the application.
7
1
The Secretary of State shall not be regarded as or deemed to be the managing owner of a Ministry of Defence commercially managed ship.
2
There shall be registered by the registrar of the port of registry of a Ministry of Defence commercially managed ship the name of the person to whom the management of that ship is entrusted by the Secretary of State.
3
An officer of the Ministry of Defence shall, in the event of any change in the identity or in the address of the manager of a Ministry of Defence commercially managed ship, notify the registrar of the ship’s port of registry of the name and address of the new manager or (as the case may be) of the new address, as soon as practicable after the change occurs.
4
Without prejudice to the provisions of article 10(2), any person whose name is registered under this article shall, for the purposes of the Acts, be under the same obligations and subject to the same liabilities under the Acts as if he were the managing owner.
Exceptions and modifications to the Merchant Shipping Acts
8
The powers conferred by sections 530 to 534 of the 1894 Act (removal of wrecks) shall not be exercised in the case of a Ministry of Defence commercially managed ship without the prior written consent of the Secretary of State except in regard to lighting and buoying necessary for the immediate protection of traffic.
9
Nothing in this Order shall be construed as excluding a Ministry of Defence commercially managed ship from the category of Her Majesty’s ships for the purposes of sections 557 to 564 of the 1894 Act (salvage by Her Majesty’s ships).
10
1
No contravention by the Secretary of State of any provision of the Acts which by virtue of section 80 of the Merchant Shipping Act 1906 and this Order, is applicable in relation to Ministry of Defence commercially managed ships shall make the Secretary of State guilty of any offence or subject to any penalty.
2
The provisions of section 58 of the 1894 Act shall apply to the person whose name is registered pursuant to the provisions of article 7.
11
Nothing contained in the Acts providing for the forfeiture, detention, distress or poinding and sale of a ship or of anything on or belonging to a ship shall have any application to a Ministry of Defence commercially managed ship or anything on or belonging to such a ship.
12
In relation to a Ministry of Defence commercially managed ship registered in pursuance of this Order the provisions of the Acts specified in the Schedule to this Order shall be included among the provisions of those Acts which do not apply to that ship.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 1992, and shall come into force on11th December 1992.
2
In these Regulations, “the Principal Regulations ” means the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 .
Amendment of regulation 2(1) of the Principal Regulations
2
1
Regulation 2(1) of the Principal Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
After the definition of “advertisement” there shall be inserted the following definition —
“allergen product” means any product which is intended to identify or induce a specific acquired alteration in the immunological response to an allergising agent;
3
After the definition of “BCG vaccine”, there shall be inserted the following definition —
“blood product” means any industrially prepared medicinal product for human use derived from human blood or human plasma and includes albumin, coagulating factors and immunoglobulins of human origin, but does not include whole human blood, human plasma or blood cells of human origin;
4
After the definition of “clinical trial certificate of right” and “animal test certificate of right”, there shall be inserted the following definitions —
“expiry date”, in relation to a medicinal product, means the date after which the medicinal product should not be used;
“good manufacturing practice” means the part of quality assurance which ensures that medicinal products are consistently produced and controlled to the quality standards appropriate to their intended use, the principles and guidelines of which are specified in Chapter II of Commission Directive 91/356/ EEC ;
.
5
After the definition of “parenteral administration”, there shall be inserted the following definition —
“relevant period” means the period of five years from the date of certification of the relevant batch referred to in paragraph 16(3)(b) of Schedule 2 to these Regulations or the period of one year from the expiry date of the relevant batch, whichever expires later;
Insertion of regulation 3A into the Principal Regulations
3
After regulation 3 of the Principal Regulations there shall be inserted the following regulation —
Standard provisions for product licences, including product licences of right, for blood products and immunological medicinal products for human use
3A
In addition to the standard provisions for product licences set out in Part I of Schedule 1 to these Regulations —
a
the standard provisions for product licences, including product licences of right, in relation to blood products shall be those provisions set out in paragraphs 1 and 2 of Schedule 1A to these Regulations, and
b
the standard provisions for product licences, including product licences of right, in relation to vaccines, toxins, serums or allergen products for human use shall be those provisions set out in paragraph 3 of Schedule 1A to these Regulations.
.
Insertion of Schedule 1A into the Principal Regulations
4
After Schedule 1 to the Principal Regulations, there shall be inserted the following —
SCHEDULE 1A
ADDITIONAL STANDARD PROVISIONS FOR PRODUCT LICENCES INCLUDING PRODUCT LICENCES OF RIGHT RELATING TO BLOOD PRODUCTS AND CERTAIN IMMUNOLOGICAL MEDICINAL PRODUCTS
Regulation 3A
Blood products
1
The licence holder shall take all necessary measures to ensure that the manufacturing and purifying processes used in the preparation of the blood products to which the licence relates —
a
are properly validated,
b
attain batch-to-batch consistency, and
c
guarantee, in so far as the state of technology permits, the absence of specific viral contamination,
and shall take all necessary measures to ensure that appropriate records relating to relevant control measures are —
i
signed by the qualified person referred to in paragraph 16 of Schedule 2 to these Regulations,
ii
kept for the relevant period, and
iii
if so requested by the licensing authority, submitted to the licensing authority.
2
The licence holder shall take all necessary measures to ensure that the manufacturer of the blood products to which the product licence relates notifies the licensing authority of the method or methods used to reduce or eliminate pathogenic viruses liable to be transmitted by the blood products.
Immunological products
3
The licence holder shall take all necessary measures to ensure that the processes used in the production of vaccines, toxins, serums or allergen products to which the product licence relates —
a
are properly validated, and
b
attain batch-to-batch consistency,
and shall take all necessary measures to ensure that appropriate records relating to control measures are —
i
signed by the qualified person referred to in paragraph 16 of Schedule 2 to these Regulations,
ii
kept for the relevant period, and
iii
if so requested by the licensing authority, submitted to the licensing authority.
.
Amendment of Schedule 2 to the Principal Regulations
5
1
Schedule 2 to the Principal Regulations (standard provisions for manufac turer’s licences including manufacturer’s licences of right) shall be amended in accordance with the following paragraphs of this regulation.
2
At the end of paragraph 3, there shall be inserted the words “and, in relation to medicinal products for human use, shall conduct all such operations in accordance with the principles and guidelines of good manufacturing practice”.
3
After paragraph 3, there shall be inserted the following paragraph —
3A
The licence holder shall, in relation to medicinal products for human use, establish and implement an effective pharmaceutical quality assurance system involving the active participation of the management and personnel of the different services involved.
.
4
In paragraph 5 there shall be inserted after the words “The licence holder shall” the words “, in relation to medicinal products, other than for human use,”
5
After paragraph 5 there shall be inserted the following paragraphs —
5A
1
The licence holder shall, in relation to medicinal products for human use —
a
provide and maintain a designated quality control department having authority in relation to quality control and being independent from all other departments in the exercise of that authority; and
b
place the quality control department under the authority of the person notified to the licensing authority in accordance with paragraph 7(2) of Schedule 1 to the Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971 as being responsible for quality control.
2
Subject to paragraph 5B of this Schedule, the licence holder shall, in order to support the quality control department, provide and maintain such staff, premises and plant as are necessary for carrying out —
a
such tests of the strength, quality and purity of the medicinal products which he manufactures for human use under the manufacturer’s licence as are required by the relevant product licences, and
b
any tests or controls which relate to the conditions of production and in-process controls.
3
Any animals used for the tests referred to in sub-paragraph (2) of this paragraph shall be suitably housed and managed.
4
The licence holder shall ensure that the quality control department, in determining whether finished medicinal products for human use are to be released for sale or distribution, takes into account, in addition to analytical results —
a
the conditions of production,
b
the result of in-process controls,
c
the examination of manufacturing documents, and
d
the conformity of products to the specification in the relevant product licence.
5B
A licence holder need not himself provide and maintain such staff, premises and plant as are necessary for carrying out such tests as are specified in paragraph 5A(2) of this Schedule provided that he makes arrangements with a person approved by the licensing authority to carry out such tests on his behalf in accordance with paragraph 5A(2) and (3) of this Schedule.
.
6
In paragraph 8, for the words from “for a period” to the end of that paragraph there shall be substituted the following —
without the consent of the licensing authority —
in relation to a medicinal product for human use, for the relevant period,
in any other case, for a period of five years from the date when the manufacture or assembly of the relevant batch ocurred.
7
After paragraph 8, there shall be inserted the following paragraphs —
8A
The licence holder shall keep readily available for examination by a person authorised by the licensing authority samples of each batch of finished medicinal products for human use manufactured or assembled under his licence for at least a period of one year from their expiry date and shall retain samples of starting materials (other than solvents, gases or water) for at least a period of two years from the date of the release of the relevant batch of which the relevant starting materials formed part, except where the licence holder is authorised by the licensing authority to destroy any such sample earlier.
8B
The licence holder shall make suitable arrangements to ensure that any record or sample referred to in paragraph 8 or 8A above relating to a medicinal product for human use is retained for the relevant period.
.
8
In paragraph 9 after the word “shall” there shall be inserted the words “, in relation to medicinal products other than for human use,” and after the word “any” there shall be inserted the word “such”.
9
After paragraph 9 there shall be inserted the following —
9A
1
The licence holder shall implement a system for recording and reviewing complaints in relation to medicinal products for human use manufactured or assembled under his licence, together with an effective system for recalling promptly and at any time any such medicinal product in the distribution network.
2
The licence holder shall record and investigate all complaints described in sub-paragraph (1) of this paragraph and shall immediately inform the licensing authority of any defect which could result in a recall from sale, supply or exportation or in an abnormal restriction on such sale, supply or exportation.
.
10
In sub-paragraph (5) of paragraph 16 the words “medicinal products consisting of vaccines, toxins or serums, medicinal products based on human blood or blood constituents, radioactive isotopes or” shall be omitted.
Amendment of Schedule 3 to the Principal Regulations
6
1
Schedule 3 to the Principal Regulations (standard provisions for wholesale dealer’s licences including wholesale dealer’s licences of right), shall be amended in accordance with the following paragraph.
2
After paragraph 8 there shall be inserted the following paragraph —
8A
Where the licence relates to imported proprietary products, the licence holder shall in relation to medicinal products for human use —
a
ensure that all manufacture and assembly operations have been carried out by a duly authorised manufacturer or assembler and that the products have been manufactured and assembled in accordance with the principles and guidelines of good manufacturing practice;
b
keep readily available for examination by a person authorised by the licensing authority samples of each batch of finished products for at least one year after their expiry date except where the licence holder is authorised by the licensing authority to destroy such samples earlier;
c
implement a system for recording and reviewing complaints relating to the medicinal products to which his licence relates, together with an effective system for recalling promptly and at any time any such medicinal product in the distribution network; and
d
record and investigate all such complaints and immediately inform the licensing authority of any defect which could result in a recall from sale, supply or exportation or in an abnormal restriction on such sale, supply or exportation.
.
Amendment of Schedule 4 to the Principal Regulations
7
Paragraph 1 of each of Parts I, IV and V of Schedule 4 to the Principal Regulations shall be omitted.
Amendment of Schedule 5 to the Principal Regulations
8
Paragraph 1 of Part I of Schedule 5 to the Principal Regulations shall be omitted.
Signed by authority of the Secretary of State for Health.
Brian Mawhinney
Minister,
Department of Health
12th November 1992
David Hunt
Secretary of State for Wales
12th November 1992
Fraser of Carmyllie
Minister of State, Scottish Office
12th November 1992
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 12th November 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 12th November 1992.
W. J. Hodges
Permanent Secretary


text:
Title, commencement, extension of definitions and interpretation
1
1
This Order may be cited as the Welfare of Animals during Transport Order 1992 and shall come into force on 1st January 1993.
2
For the purposes of the Act in its application to this Order —
a
the definition of animals in section 87(1) of the Act shall be extended to comprise
i
any kind of mammal except man,
ii
any kind of four footed beast which is not a mammal,
iii
any fish, reptiles, crustaceans, and
iv
any other cold blooded creatures of any species; and
b
the definition of poultry in section 87(4) of the Act shall be extended to comprise all species of bird.
3
In this Order —
“the Act” means the Animal Health Act 1981;
“animal” includes any animal and any bird.
4
In this Order, except where the context otherwise requires, distances shall be calculated from the start of the transport of the animals to the place of destination and the calculation of journey times shall include the time taken in loading and unloading the animals.
5
A notice served under this Order shall be in writing and may be subject to conditions and may be amended, suspended or revoked in writing at any time.
Exemption
2
This Order shall not apply to the transport of pet animals unless in the course of a trade or business.
General provisions on protection of animals
3
1
No person shall cause or permit an animal to be transported in a way which causes or is likely to cause injury or unnecessary suffering to the animal.
2
No person shall cause or permit the transport of an animal that is unfit by reason of it being in the state of being newborn, diseased, infirm, ill, injured or fatigued or having given birth within the preceding 48 hours or likely to give birth during transport or for any other reason.
3
Notwithstanding the provisions of paragraph (2) above, a bovine, ovine, caprine, porcine or equine animal may be transported to the nearest place for veterinary treatment or to the nearest available place of slaughter if the animal is not likely to be subject to unnecessary suffering by reason of its unfitness, but such an animal may not be dragged or pushed by any means, or lifted by a mechanical device, unless this is done in the presence of and under the supervision of a veterinary surgeon who is arranging for it to be transported with all practicable speed to a place for veterinary treatment.
4
Notwithstanding the provisions of paragraph (2) above, an animal may be transported for scientific research purposes by or on behalf of the holder of a licence granted under the Animals (Scientific Procedures) Act 1986 .
5
No person shall cause or permit a cervine animal in velvet to be transported unless the journey is of 50 km or less and special precautions are taken to protect it from injury and unnecessary suffering.
Feeding and watering intervals
4
1
Subject to paragraphs (2), (3) and (4) below, it shall be the duty of any person in charge of an animal which is being transported on a vessel, aircraft, railway or vehicle to ensure that —
a
as suitable to its species, it has been provided with water and appropriate food before the start of any journey, and
b
at suitable intervals during the journey, it is provided with water, food and rest.
2
In respect of bovine, ovine, caprine, porcine and equine animals the interval between the occasions when rest, food and water are provided in accordance with paragraph (1)(b) above shall not exceed 15 hours.
3
In respect of domestic dogs and cats —
a
the interval between the occasions when food is provided in accordance with paragraph (1)(b) above shall not exceed 24 hours and the interval between the occasions when water is so provided shall not exceed 12 hours, and
b
clear, written instructions must be given to the persons responsible for feeding and watering them.
4
The provisions of paragraph (1) above shall not apply in the cases of
a
poultry and rabbits if their transport is completed within 12 hours (disregarding the time taken in loading and unloading), and
b
poultry chicks, if their transport is completed within 72 hours of their being hatched and lasts less than 24 hours.
In this paragraph and in article 6(2)(b) “poultry” means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails.
Persons having control of animal transport undertakings
5
Subject to article 6 below, every person having control of any animal transport undertaking which transports animals in the course of business or trade shall —
a
ensure that the animals are entrusted only to persons possessing the knowledge necessary to administer appropriate care to the animals in transport;
b
ensure, in the case of animals travelling unaccompanied, that the consignee is prepared to receive them;
c
ensure that the animals are transported without delay to their place of destination;
d
ensure that during the journey the consignment is accompanied by a certificate signed by him or on his behalf stating:
i
the origin and ownership of the animals,
ii
their place of departure and place of destination, and
iii
the date and time of departure;
e
draw up for journeys exceeding 24 hours a journey plan showing —
i
the arrangements for the animals to be rested, fed and watered, and (if necessary) unloaded and given accommodation appropriate to their species;
ii
the arrangements for feeding and watering in the event that the planned journey is changed or disrupted,
and ensure that during the journey the consignment is accompanied by the journey plan; and
f
ensure that copies of the journey plan and the certificate required by this article are kept for a period of six months from the end of the journey and produce them at the request of an inspector.
Exceptions
6
1
Where animals of the bovine, ovine, caprine or porcine species or domestic equines are transported —
a
for a distance of 50 km or less, to, from or within land used for agricultural purposes,
b
in a vehicle owned by the owner or occupier of that land, and
c
the vehicle has a compartment for the animals not more than 3.1 metres long,
then the following provisions shall not apply
i
article 8(5) of the Transit of Animals (Road and Rail) Order 1975 (the requirement to protect the animals from the motion of the means of transport); and
ii
paragraphs 3 (provision of barriers or straps), 6 (internal ramps and lifting gear) and 11 (protective cover) (so far as the last requires the vehicle to be equipped with suitable overhead protection) of Schedule 1 to the Transit of Animals (Road and Rail) Order 1975;
iii
article 5(d), (e) and (f) of this Order.
2
Article 5(d), (e) and (f) of this Order shall not apply to transport of
a
equine animals kept for private recreation or private sporting purposes; and
b
poultry which are transported for a distance of 50 km or less where
i
the number of poultry so transported is less than 50, or
ii
the journey is within the land occupied by the owner of the poultry.
3
Articles 5(d), (e) and (f) of this Order shall not apply to the transport for a distance of 50 km or less of any animal not referred to in paragraphs (1) and (2) above.
IATA Standards and CITES Guidelines
7
1
No person shall transport an animal by air except in compliance with the standards set by the International Air Transport Association.
2
No person shall transport an animal to which the Convention on International Trade in Endangered Species refers except in compliance with the CITES guidelines for transport and preparation for shipment of live wild animals.
Other provisions additional to existing welfare legislation
8
In addition to the provisions of Orders made under section 37, 38 or 39 of the Act, it shall be an offence for any person to cause or permit animals to be transported for more than 50 km except in accordance with the provisions of Schedule 1 to this Order.
Third countries
9
No person shall import any animal from outside the European Community into Great Britain, either for importation into Great Britain or transit through Great Britain, unless he has given a written undertaking to comply with the requirements of Council Directive 91/628/ EEC on the protection of animals during transport and has made arrangements to comply with them.
Enforcement
10
1
This Order shall be executed and enforced by the local authority.
2
The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that this Order shall be executed and enforced by him and not by the local authority.
Powers of an inspector before transport begins
11
1
Where an inspector considers that an animal intended to be transported is not fit for the intended journey, either because such transport would contravene article 3 of this Order or for any other reason, he may mark or otherwise identify the animal and may by notice served on the person appearing to him to be in charge of the animal —
a
prohibit that transport of the animal, either indefinitely or for a period specified in the notice, or
b
subject to article 3 above, specify conditions under which the animal may be transported.
2
Where an inspector considers that any person who transports animals in the course of business or trade is about to transport any animal, or cause any animal to be transported, in a way which may cause it injury or unnecessary suffering, or in any way which does not comply with the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act, he may by notice served on the person in charge of the animal —
a
prohibit such transport, either indefinitely or for the period specified in the notice, or
b
specify conditions under which the animal may be transported.
3
It shall be an offence under section 72 of the Act for any person to remove or deface any mark or other identification applied by an inspector under paragraph (1) above.
Powers of inspectors in the course of transport
12
1
If it is found in the course of transport that the provisions of this Order or any other Order made under section 37, 38 or 39 of the Act are not being or have not been complied with, an inspector may by notice in writing served on the person in charge of the animals require that person to take any action which the inspector considers necessary in order to safeguard the welfare of the animals concerned.
2
Without prejudice to the generality of paragraph (1) above, an inspector may in particular —
a
require the journey to be completed or the animals to be returned to their place of departure by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;
b
require the animals to be held in suitable accommodation with appropriate care until the problem is solved;
c
require the humane slaughter of the animals.
3
If any person in charge of the animals fails to comply with the requirements of the notice, the inspector shall have powers to carry out such measures himself, or cause them to be carried out, and the costs of such measures shall be recoverable from the person in charge of the transport undertaking on demand by the local authority or the appropriate Minister as the case may be.
Revocation and disapplication
13
1
The provisions in Schedule 2 to this Order are hereby revoked to the extent specified in that Schedule.
2
The Export of Animals (Protection) Order 1981( ) shall not apply to the export of animals to another member State of the European Economic Community.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on 22nd December 1992.
(L.S.)
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State,
Scottish Office
23rd December 1992
David Hunt
Secretary of State for Wales
29th December 1992


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to bea trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Derbyshire and the County Council of Leicestershire that the new trunk roads are open for through traffic.
2
In this Order —
1
all measurements of distance are measure along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/EM74 marked “The A564 Trunk road (Stoke — Derby Route) (Derby Southern Bypass) (Detrunking) ( No. 1) 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;
iii
“the new trunk roads” means the highways to be constructed by the Secretary of State in pursuance of the A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass and Slip Roads) (No. 2) Order 1992 and the A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) Order 1992;
iv
“the A6 Trunk Road” means the A6 London — Inverness Trunk Road; and
v
“the A5111 Trunk Road”means the A5111 Nottingham — Derby — Stoke-on-Trent Trunk Road.
3
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass) (Detrunking) (No. 1) Order 1992.
Signed by authority of theSecretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the BHB Community Health Care 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 BHB Community Health Care 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 BHB Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St. George’s Hospital, 117 Suttons Lane, Hornchurch, Essex RM12 6RS and associated hospitals;
b
to manage community health services provided from St. George’s Hospital, 117 Suttons Lane, Hornchurch, Essex RM12 6RS and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Barking, Havering and Brentwood 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 Barking, Havering and Brentwood 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 Barking, Havering and Brentwood 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
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 6) Regulations 1992 and shall come into force on 10th July 1992.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and references to “Schedule 1” are references to Schedule 1 to the principal Regulations.
Amendment of regulation 32 of the principal Regulations
2
In regulation 32(1) of the principal Regulations (return of contributions) for the words from the beginning of sub-paragraph (b) to the end of paragraph (1), there shall be substituted the following sub-paragraph–
b
in the case of–
i
Class 1 contributions, or
ii
Class 2 contributions paid in excess of the amount prescribed in regulation 17,
does not exceed the amount of one fifteenth of a standard rate contribution payable on earnings at the upper earnings limit in respect of primary Class 1 contributions prescribed in regulation 7 of these Regulations for the last or only year in respect of which the contributions were paid.
.
Amendment of regulation 33A of the principal Regulations
3
For paragraph (1) of regulation 33A of the principal Regulations (repayment of Class 1A contributions) there shall be substituted the following paragraph–
1
Subject to the provisions of regulations 31 and 35 of these Regulations and the following paragraphs of this regulation, where, in a case prescribed in paragraph (2) of this regulation, the Secretary of State is satisfied, in the light of information of a kind mentioned in section 4A(6)(a), (b) or (c) of the Act, that too much has been paid in respect of a Class 1A contribution, the Secretary of State shall repay to the person paying that contribution the amount of that part of that contribution which has been overpaid, unless that amount does not exceed £0.50.
.
Amendment of Regulation 13 in Schedule 1
4
1
Regulation 13(6) in Schedule 1 (calculation and recording of deductions of earnings-related contributions) shall be amended in accordance with the following paragraphs of this regulation.
2
For the words “subject to the provisions of paragraph (6B) of this Regulation and the provisions of Regulation 13A(b)” there shall be substituted the words “subject to the provisions of paragraph (6B) of this Regulation and to Regulations 13A(b) and 26D(4)”.
3
In head (vi) of sub-paragraph (b) for the word “payable” there shall be substituted the words “payable, other than earnings from non-contracted-out employment in respect of which primary Class 1 contributions are payable at the reduced rate”.
4
After head (vii) of sub-paragraph (b) there shall be added the following head–
viii
the earnings, if any, recorded under head (vi) of this sub-paragraph, above the lower earnings limit, in respect of which primary Class 1 contributions are payable at the reduced rate;
.
5
For sub-paragraph (c) there shall be substituted the following sub-paragraph–
c
when the employment is contracted-out employment–
i
the amount of that part of the contributions recorded under head (iv) of the last preceding sub-paragraph which was payable at the contracted-out percentage on earnings above the lower earnings limit;
ii
the amount of that part of the contributions recorded under head (iv) of the last preceding sub-paragraph which was payable on earnings above the lower earnings limit, if primary Class 1 contributions are payable at the reduced rate.
.
Amendment of Regulation 13A in Schedule 1
5
At the beginning of Regulation 13A in Schedule 1 (recording of Class 1A contributions) there shall be inserted the words “Subject to Regulation 26D(4),”.
Amendment of Regulation 25 in Schedule 1
6
In Regulation 25 in Schedule 1 (certificate of contributions paid) for paragraph (a) there shall be substituted the following paragraph–
a
is required to give the employee a certificate in accordance with Regulation 25 of the Income Tax Regulations (certificate of tax deducted), the employer shall enter thereon in respect of the year to which the certificate relates–
i
the amount of any earnings in respect of which primary Class 1 contributions were payable, other than earnings from non-contracted-out employment in respect of which primary Class 1 contributions were payable at the reduced rate;
ii
the amount of the earnings, if any, recorded under head (i) of this paragraph, in respect of which primary Class 1 contributions were payable at the contracted-out percentage;
iii
the amount of the earnings, if any, recorded under head (i) of this paragraph, above the lower earnings limit, in respect of which primary Class 1 contributions were payable at the reduced rate;
iv
the amount of primary Class 1 contributions paid by the employee;
v
the amount, if any, of the contributions recorded under head (iv) of this paragraph paid at the contracted-out percentage on earnings above the lower earnings limit;
vi
the amount, if any, of the contributions recorded under head (iv) of this paragraph paid on earnings above the lower earnings limit, if primary Class 1 contributions were payable at the reduced rate;
and shall enter each of the amounts under heads (iv), (v) and (vi) above under the appropriate category letter indicated by the Secretary of State;
.
Amendment of Regulation 26A in Schedule 1
7
In Regulation 26A(3) in Schedule 1 (payment of earnings-related contributions quarterly by employer) for the sum of “£400” there shall be substituted the sum of “£450”.
Amendment of Regulation 26C in Schedule 1
8
In Regulation 26C(1) in Schedule 1 (payment of Class 1A contributions) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to Regulation 26D(5) and to the provisions of paragraph (2)”.
Insertion of Regulation 26D into Schedule 1
9
After Regulation 26C in Schedule 1 there shall be inserted the following Regulation–
Payment of Class 1A contributions on succession to, or cessation of, business
26D
1
The provisions of paragraphs (4), (5) and (6) of this Regulation shall apply in relation to the payment of Class 1A contributions–
a
in the circumstances specified in paragraph (2)(a) of this Regulation, in respect of the employees described in paragraph (3)(a) of this Regulation; and
b
in the circumstances specified in paragraph (2)(b) of this Regulation, in respect of the employees described in paragraph (3)(b) of this Regulation.
2
For the purposes of–
a
paragraph (1)(a) of this Regulation, the circumstances are that there is a change in the employer who is liable to pay emoluments to or for the benefit of all the persons who are employed in a business in respect of their employment in that business;
b
paragraph (1)(b) of this Regulation, the circumstances are that an employer ceases to carry on business and upon that cessation no other person becomes liable to pay emoluments to or for the benefit of any employee in respect of his employment in that business.
3
For the purposes of–
a
paragraph (1)(a) of this Regulation, the employees are those who ceased to be employed in the business referred to in sub-paragraph (a) of paragraph(2) of this Regulation before the change of employer referred to in that sub-paragraph occurred;
b
paragraph (1)(b) of this Regulation, the employees are all those who were employed in the business referred to in sub-paragraph (b) of paragraph (2) of this Regulation at any time in the relevant final year or the year immediately preceding the relevant final year.
4
Not later than 12 days after the end of the relevant final income tax month, the employer shall record on the deductions working sheet for the relevant final year, for each employee in respect of whom he is liable to pay a Class 1A contribution referred to in paragraph (1) of this Regulation in respect of that year, the following particulars in addition to any particulars required under Regulation 13(6) or 13A(b), namely–
a
the appropriate category letter indicated by the Secretary of State for recording the amount of the Class 1A contributions payable by an employer, and
b
the amount of the Class 1A contribution which the employer has calculated as being payable by him in accordance with section 4A(4) of the Act for that year in respect of the employee and car in question.
5
Not later than 14 days after the end of the relevant final income tax month, the employer shall pay to the Collector–
a
any Class 1A contribution referred to in paragraph (1) of this Regulation in respect of the relevant final year; and
b
where the relevant final income tax month is the month beginning on 6th April or 6th May, any Class 1A contribution referred to in paragraph (1) of this Regulation in respect of the year immediately preceding the relevant final year.
6
The employer shall include the amount of any Class 1A contribution which is payable in accordance with paragraph (5)(a) of this Regulation in the return required by Regulation 30(1) for the relevant final year, by showing that amount in the particulars required under paragraph (1)(i) of that Regulation and by including that amount in the particulars required under paragraph (2)(h) and (i) of that Regulation.
7
In this Regulation, unless the context otherwise requires–
a
“business” includes any trade, concern or undertaking;
b
“employer” means–
i
where the circumstances are those specified in sub-paragraph (a) of paragraph (2) of this Regulation, the employer before the change referred to in that sub-paragraph;
ii
where the circumstances are those specified in sub-paragraph (b) of paragraph (2) of this Regulation, the employer referred to in that sub-paragraph;
c
“relevant final income tax month” means the income tax month in which the employer has made any payments of emoluments which, by reason of either–
i
the change of employer referred to in paragraph (2)(a) of this Regulation, or
ii
the cessation of business referred to in paragraph (2)(b) of this Regulation,
were, in respect of the employment of all those persons who were employed by him in that income tax month, the final payments of emoluments to be made by him in the year in which those payments were made; and
d
“relevant final year” means the year in which the relevant final income tax month occurs.
.
Amendment of Regulation 27 in Schedule 1
10
In Regulation 27 in Schedule 1 (employer failing to pay earnings-related contributions or Class 1A contributions) –
a
in paragraph (2A) for the words “the date which applies to him under Regulation 26C(1) or (2)” there shall be substituted the words “the date which applies to him under Regulation 26C(1) or (2) or 26D(5)”; and
b
in paragraph (3)(b) for the words “paid to him by the employer under Regulation 26C(1) or (2)” there shall be substituted the words “paid to him by the employer under Regulation 26C(1) or (2) or 26D(5)”.
Amendment of Regulation 27B in Schedule 1
11
1
Regulation 27B in Schedule 1 (specified amount of Class 1A contributions) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1)–
a
for the words “If after 14 days following the date which applies to him under Regulation 26C(1) or (2)” there shall be substituted the words “If after the date which applies to him under Regulation 26C(1) or (2) or 26D(5)”; and
b
for the words “in respect of the preceding year” there shall be substituted the words “in respect of the year in question”.
2
In paragraph (2) for the words “which the employer was liable to pay in respect of that year in accordance with Regulation 26C(1) or (2)” there shall be substituted the words “which the employer was liable to pay in respect of the year in question in accordance with Regulation 26C(1) or (2) or 26D(5)”.
3
In paragraph (3) for the words “which the employer is liable to pay under Regulation 26C(1) or (2) in respect of that year” there shall be substituted the words “which the employer is liable to pay under Regulation 26C(1) or (2) or 26D(5) in respect of the year in question”.
4
In paragraph (5) for the words “paid to him by the employer under Regulation 26C(1) or (2)” there shall be substituted the words “paid to him by the employer under Regulation 26C(1) or (2) or 26D(5)”.
5
In paragraph (7) for the words “which he would have been liable to pay in respect of the preceding year” there shall be substituted the words “which he would have been liable to pay in respect of the year in question”.
Amendment of Regulation 28 in Schedule 1
12
In Regulation 28(1)(b) in Schedule 1 (recovery of earnings-related contributions or Class 1A contributions) for the words “in accordance with Regulation 26C(1) or (2)” there shall be substituted the words “in accordance with Regulation 26C(1) or (2) or 26D(5)”.
Amendment of Regulation 30 in Schedule 1
13
1
Regulation 30 in Schedule 1 (return by employer at end of year) shall be amended in accordance with the following paragraphs of this regulation.
2
For head (ii) of paragraph (1)(c) there shall be substituted the following head–
ii
the total amounts for the year shown under each of the heads (i) and (ii) severally of Regulation 13(6)(c) of these Regulations, and
.
3
For sub-paragraphs (g) and (h) of paragraph (1) there shall be substituted the following sub-paragraphs–
g
the total amounts for the year shown under each of the heads (vii) and (viii) severally of Regulation 13(6)(b) of these Regulations rounded down to the next whole pound if not already whole pounds,
h
the amount of any Class 1A contribution payable in respect of the year immediately preceding the year to which the return relates, shown in the return under the appropriate category letter and separately from the total amounts under head (iii) of Regulation 13(6)(b) of these Regulations and from any amount under sub-paragraph (i) of this paragraph, and
i
in the case of an employer to whom Regulation 26D(5)(a) applies, the amount of any Class 1A contribution payable in respect of the year to which the return relates, shown in the return under the appropriate category letter and separately from the total amounts under head (iii) of Regulation 13(6)(b) of these Regulations and from any amount under sub-paragraph (h) of this paragraph.
.
4
In paragraph (6) –
a
for the words “any Class 1A contributions which he is liable to pay in respect of the year immediately preceding that year” there shall be substituted the words “any Class 1A contributions which he is liable to pay in respect of the year immediately preceding the year in question, or, in the case of an employer to whom Regulation 26D(5)(a) applies, in respect of the year in question”;
b
in sub-paragraph (a) for the words “earnings-related contributions remaining unpaid for that year” there shall be substituted the words “earnings-related contributions remaining unpaid for the year in question”; and
c
in sub-paragraph (b) for the words “Class 1A contributions remaining unpaid in respect of the year immediately preceding that year” there shall be substituted the words “Class 1A contributions remaining unpaid in respect of the year immediately preceding the year in question and, in the case of an employer to whom Regulation 26D(5)(a) applies, in respect of the year in question”.
Amendment of Regulation 30A in Schedule 1
14
1
Regulation 30A(2) in Schedule 1 (special return by employer at end of voyage period) shall be amended in accordance with the following paragraphs of this regulation.
2
For heads (i) and (ii) of sub-paragraph (f) there shall be substituted the following heads–
i
the amounts of that part of the contributions shown under sub-paragraph (e) above which were payable at the contracted-out percentage on earnings above the lower earnings limit,
ii
the amounts of that part of the contributions shown under sub-paragraph (e) above which were payable on earnings above the lower earnings limit, if primary Class 1 contributions were payable at the reduced rate, and
iii
the number notified by the Occupational Pensions Board on the relevant contracting-out certificate as the employer’s number,
.
3
In sub-paragraph (g) for the words “payable, and” there shall be substituted the words “payable, other than earnings from non-contracted-out employment in respect of which primary Class 1 contributions were payable at the reduced rate,”.
4
At the end of sub-paragraph (h) for the word “percentage.” there shall be substituted the words “percentage, and”.
5
After sub-paragraph (h) there shall be added the following sub-paragraph–
i
the total amount of earnings, if any, shown under sub-paragraph (g) of this paragraph, above the lower earnings limit, in respect of which primary Class 1 contributions were payable at the reduced rate.
.
Amendment of Regulation 32 in Schedule 1
15
1
Regulation 32 in Schedule 1 (inspection of employer’s records) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) for the words “at the employer’s premises” there shall be substituted the words “at such time as that officer may reasonably require, at the prescribed place”.
3
After paragraph (1) there shall be inserted the following paragraphs–
1A
In paragraph (1) of this Regulation “the prescribed place” means–
a
such place in Great Britain as the employer and the authorised officer may agree upon; or
b
in default of such agreement, the place in Great Britain at which the documents and records referred to in paragraph (1)(a) or (aa) of this Regulation arenormally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b) above, the employer’s principal place of business in Great Britain.
1B
The authorised officer may–
a
take copies of, or make extracts from, any documents produced to him for inspection in accordance with paragraph (1) of this Regulation;
b
if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period, remove any document so produced, and, if he does so, shall provide a receipt for any documents so removed; and where a lien is claimed on a document produced in accordance with paragraph (1) of this Regulation, the removal of the document under this sub-paragraph shall not be regarded as breaking the lien;
and where a document removed in accordance with sub-paragraph (b) of this paragraph is reasonably required for the proper conduct of a business the authorised officer shall within 7 days provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
16th June 1992
The Commissioners of Inland Revenue hereby concur
A. M. W. Battishill
C. W. Corlett
Two of the Commissioners of Inland Revenue
18th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northallerton Health Services National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order:
“the Authority” means Northallerton Health Authority;
“the Trust” means the Northallerton Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 24th February 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
10th March 1992