text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1993, shall apply to Great Britain, and shall come into force on 15th November 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“applicant” means a person who has applied for a compensatory allowance under these Regulations;
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food, and
in relation to any other part of Great Britain, the Secretary of State;
“authorised person” means a person (whether or not an officer of that Minister) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“breeding cow” means a female bovine animal, comprised in a regular breeding herd which is not maintained primarily for the production of milk and which, on or before the qualifying day–
has borne a calf and is capable of lactation, or
has been brought into the herd primarily for the purpose of replacing an animal which has borne a calf, and is, in the opinion of the appropriate Minister, suitable for the purpose of bearing a calf before 15th November in the year in respect of which an application for a compensatory allowance is made under these Regulations;
“ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No. 3887/ 92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“ Council Regulation 2328/91 ” means Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures , as amended by Council Regulation (EEC) No. 870/93 ;
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less–favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Minister of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less–favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less–favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land” means the land shown coloured blue or coloured pink on the designated maps, being land–
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate;
“ ECU ” means the unit of account used for the purposes of the common agricultural structures policy of the European Economic Community, and any reference in these Regulations to a specified number of ECU in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of ECU converted into sterling at the agricultural conversion rate applicable on the qualifying day in the year in respect of which the compensatory allowance is paid;
“eligible land” means an area of land of not less than three hectares–
which is situated in an area included in the list of less–favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certain less–favoured areas , as amended by Council Directive No. 80/666/EEC , which list is contained in Council Directive No. 84/169/EEC , as amended by Commission Decision No. 91/25/EEC , and
which is severely disadvantaged land or disadvantaged land;
“ewe” means a female sheep which, on the qualifying day, is more than one year old;
“forage area” means the area of land producing plants grazed by, or fed to, livestock;
“livestock unit” means a unit of measurement of numbers of livestock described in Article 19 of, and Annex 1 to, Council Regulation 2328/91;
“occupier” includes a person who has a right to use eligible land for the purpose of grazing cattle or sheep;
“overgrazing” means grazing land with livestock–
in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, or
in such numbers that the need for supplementary feeding leads to excessive trampling or poaching of the land by the animals or excessive rutting by vehicles used to transport the feed;
“qualified flock” means a flock of ewes which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister–
maintained primarily for the purpose of breeding and rearing lambs, and
maintained and managed in accordance with sound husbandry practice;
“the qualifying day” means, in respect of any year in which a compensatory allowance may be paid under these Regulations, 1st January in that year;
“regular breeding herd” means a herd of cattle which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister–
maintained primarily for the purpose of breeding and rearing calves, and
maintained and managed in accordance with sound husbandry practice;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1992 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1992 ;
“relevant afforested land” means land which in the opinion of the appropriate Minister was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of that land before the date when the conversion to forest was completed under the 1984 Regulations, the Hill Livestock (Compensatory Allowances) Regulations 1979 or the Hill Livestock (Compensatory Allowances) Regulations 1975 ; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date when such conversion was completed;
“retirement pension” means a category A and category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 , a category C and category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in Schedule 1 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 ;
“severely disadvantaged land” means–
the land shown coloured pink on the designated maps, being land–
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
land situated in the Isles of Scilly;
“sound husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“specially qualified flock” means a qualified flock–
in which all, or in the opinion of the appropriate Minister substantially all, of the ewes comprised in the flock are of any hardy breed or cross breed of sheep approved by the appropriate Minister for the purposes of these Regulations, being a breed or cross breed which is suitable for breeding and rearing on land in respect of which the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on that land is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally,
in which the ewes are, in the opinion of the appropriate Minister, maintained in three distinct age groups, and
which in England and Wales is maintained on severely disadvantaged land or on severely disadvantaged land and other land used with it, and in Scotland is maintained or substantially maintained on severely disadvantaged land suitable for use for the maintenance of sheep of a hardy breed, but not sheep of other breeds;
“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92.
2
Where in Scotland any agricultural unit consists in part only of eligible land, that land or any part thereof shall be deemed for the purposes of these Regulations not to be eligible land unless, in the opinion of the appropriate Minister, such land or such part thereof would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed thereon, of maintaining a regular breeding herd or a qualified flock.
3
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Compensatory allowances
3
1
Subject to the provisions of these Regulations, the appropriate Minister may, in respect of the year 1994 and each succeeding year, pay to any person who is on the qualifying day in that year the occupier of eligible land, a compensatory allowance for cattle and sheep owned or leased under a formal leasing arrangement by him on that day, being cattle comprised in a regular breeding herd and sheep comprised in a qualified flock.
2
A compensatory allowance in respect of any year shall be paid to an occupier of eligible land only if (except in the case of such an occupier who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations, the 1992 Regulations or the 1984 Regulations, continue to use eligible land for agricultural purposes.
3
Subject to regulations 3(5), 3(6) and 4, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at a rate of 20.3 ECU per cow.
4
Subject to regulations 3(5), 3(6) and 5, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a flock on the qualifying day at a rate of 3.045 ECU per ewe.
5
Notwithstanding the provisions of paragraphs (3) and (4) above, the total amount of a compensatory allowance which may be paid in respect of any year–
a
to the occupier of severely disadvantaged land, shall not exceed £81.13 or 123 ECU for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land;
b
to the occupier of disadvantaged land, shall not exceed £60.85 or 123 ECU for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land.
6
Where in this regulation alternative rates in sterling and in ECU are given, the rate which results in the lower payment in sterling shall apply.
Provisions with respect to cattle
4
1
A compensatory allowance for cattle shall not be paid in respect of any breeding cow the use of which for breeding would not, in the opinon of the appropriate Minister, be in accordance with sound husbandry practice.
2
Where, in the opinion of the appropriate Minister, an appreciable quantity of milk has been produced by a regular breeding herd in the period of 12 months immediately preceding the qualifying day, and such milk has been sold or used for the manufacture of milk products for sale, a compensatory allowance shall be payable in relation to that qualifying day in respect of the number of breeding cows comprised in the herd on that day, reduced by such number as appears to the appropriate Minister to be the number of cows in the herd required to produce that quantity of milk in that period.
3
Subject to paragraph (1) above and notwithstanding paragraph (2) above and the foregoing provisions of these Regulations, the number of breeding cows in respect of which a compensatory allowance may be paid in relation to any qualifying day shall not exceed–
a
the number of breeding cows comprised in the herd on the date of the application for that allowance;
b
the number of breeding cows maintained in the herd for a total of 120 days between 1st January in the year preceding that qualifying day and the date of the application for that allowance, inclusive, or, in the case of a herd newly established or re–established between those dates, for such smaller number of days between those dates as the appropriate Minister may determine, disregarding–
i
any seasonal variation in number, and
ii
any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period;
c
the number of breeding cows held by the applicant on eligible land, or on eligible land and other land used with it, for a period of two months from the day following lodgement of the application for that allowance;
d
the number of breeding cows which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of calves produced in the year preceding the qualifying day or, in the case of a herd newly–established or re– established in that year, in such shorter period as the appropriate Minister may determine;
e
the number of breeding cows which the appropriate Minister determines to be the number which the land on which the herd was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or
f
the number of breeding cows which, when added to the number of ewes in a qualified flock grazed and maintained on eligible land available to the applicant’s herd and, as the case may be, flock throughout the period referred to in sub– paragraph (b) above, is equivalent to 1.4 livestock units per hectare of the forage area of the eligible land so available.
Provisions with respect to sheep
5
1
A compensatory allowance for sheep shall not be paid in respect of any ewe the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
2
Subject to paragraph (1) above and notwithstanding the foregoing provisions of these Regulations, the number of ewes in repect of which a compensatory allowance may be paid in relation to any qualifying day shall not exceed–
a
the number of ewes comprised in the flock on the date of the application for that allowance;
b
the number of ewes maintained in the flock for a total of 120 days between 1st January in the year preceding that qualifying day and the date of the application for that allowance, inclusive, or, in the case of a flock newly established or re– established between those dates, for such smaller number of days between those dates as the appropriate Minister may determine, disregarding–
i
any seasonal variation in number, and
ii
any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period;
c
the number of ewes held by the applicant on eligible land, or on eligible land and other land used with it, for a period of two months from the day following lodgement of the application for that allowance;
d
the number of ewes which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of lambs produced in the year preceding the qualifying day or, in the case of a flock newly established or re– established in that year, in such shorter period as the appropriate Minister may determine;
e
a number calculated at the rate of–
i
six ewes for each hectare of severely disadvantaged land, and
ii
nine ewes for each hectare of disadvantaged land, which is relevant afforested land or forage area and which the appropriate Minister is satisfied was available for the maintenance of the flock throughout the period referred to in sub–paragraph (b) above;
f
the number of ewes which the appropriate Minister determines to be the number which the land on which the flock was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or
g
the number of ewes which, when added to the number of cattle comprised in a regular breeding herd grazed and maintained on eligible land available to the applicant’s flock and, as the case may be, herd throughout the period referred to in sub–paragraph (b) above, is equivalent to 1.4 livestock units per hectare of the forage area of the eligible land so available.
Applications for compensatory allowances
6
1
An application for a compensatory allowance in respect of any year shall be lodged with the appropriate Minister between 15th November in the preceding year and 20th February in the year in respect of which the application is made inclusive.
2
An application for a compensatory allowance shall be made in such form as the appropriate Minister may require, and no person shall make more than one such application in respect of any year.
Powers of authorised persons
7
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure,
b
ascertaining whether an offence under regulation 12 has been or is being committed, or
c
ensuring that compensatory allowances under these Regulations are paid in proper cases only.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, occupied by an applicant or used by him for grazing a herd or flock to which an application for a compensatory allowance relates.
3
An authorised person who has entered any land by virtue of this regulation may–
a
inspect and verify the total area of that land, including forage area;
b
inspect and count any animals on that land and read the ear–tags or other identification marks of any such animals;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purposes of determining whether or not it has been overgrazed.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
5
An authorised person may–
a
require an applicant or any employee, servant or agent of an applicant to produce any document or other record in his possession or under his control relating to any animals kept or formerly kept by him, and to supply such additional information in that person’s possession or under his control relating to an application for a compensatory allowance as the authorised person may reasonably request;
b
inspect any document or other record referred to in sub–paragraph (a) above and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record;
c
make such copies of any document or other record referred to in sub–paragraph (a) above as he may think fit; and
d
seize and retain any document or other record referred to in sub–paragraph (a) above which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
8
An applicant, any employee, servant or agent of an applicant or any person in charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 7 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested.
Release from undertaking
9
An applicant shall be released from the undertaking referred to in regulation 3(2) if–
a
he is in receipt of a retirement pension; or
b
he is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond his control; or
c
he ceases farming and at least 3 hectares of his eligible land, or the eligible land used by him for the grazing of animals, continues to be used for agricultural purposes.
Withholding or recovery of compensatory allowance
10
1
Where any person fails to comply with the terms of an undertaking given by him under regulation 3(2), which has not been released in accordance with regulation 9, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him.
2
Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising any power conferred by regulation 7, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out any such power, the appropriate Minister shall be entitled to withhold or to recover on demand from that applicant the whole or any part of any compensatory allowance payable or paid to him.
3
Where any person, with a view to obtaining payment to himself or to any other person of a compensatory allowance, makes any statement or furnishes any information which is false or misleading in a material particular, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him or to such other person.
Rate of interest
11
Except where the appropriate Minister recovers from any applicant any compensatory allowance or part of any compensatory allowance paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
12
It shall be an offence for a person–
a
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 7;
b
without reasonable excuse, to fail to comply with a request made under regulation 8; or
c
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any compensatory allowance.
Punishment of offences
13
1
A person guilty of an offence under regulation 12(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 12(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
14
1
Proceedings for an offence under regulation 12 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
15
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocation and saving
16
The Hill Livestock (Compensatory Allowances) Regulations 1992 and the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1993 are hereby revoked, except in relation to any compensatory allowance in respect of the year 1993 or any preceding year.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
25th October 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Maidstone Priority Care National Health Service Trust (Establishment) Amendment Order 1993 and shall come into force on 1st March 1993.
Amendment of Establishment Order
2
In article 4 of the Maidstone Priority Care National Health Service Trust (Establishment) Order 1991 for the words “4 non-executive” there shall be substituted “5 non-executive” and for the words “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary under Secretary of State
Department of Health
22nd February 1993


text:
1
1
This Order may be cited as the Combined Probation Areas (Staffordshire) Order 1993.
2
This Order shall come into force on 1st April 1993, save that, for the purpose of making appointments to the probation committee for the Staffordshire Probation Area to take effect on that date, this Order shall come into force forthwith.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Staffordshire Probation Area shall be amended by substituting in column 3 —
a
“1” for “2” in the entry in respect of the petty sessions area of Burton upon Trent;
b
“2” for “5” in the entry in respect of the petty sessions area of Mid-Staffordshire;
c
“2” for “3” in the entry in respect of the petty sessions area of Newcastle-under-Lyme and Pirehill North;
d
“1” for “2” in the entry in respect of the petty sessions area of Staffordshire Moorlands; and
e
“4” for “6” in the entry in respect of the petty sessions area of Stoke-on-Trent.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
14th March 1993


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1993 and shall come into force on 1st May 1993.
2
These Regulations apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Act on or after the date on which they come into force.
Interpretation
2
In these Regulations the “ principal Regulations ” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following provisions of this Regulation.
2
a
the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
b
the amount of £1,728 shall be substituted for the amount of £1,686 in regulations 5(1) and 8 of those Regulations, and the amount of £3,575 shall be substituted for the amount of £3,488 in regulation 6(1) of those Regulations.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
26th April 1993


text:
Citation, commencement and effect
1
These Regulations may be cited as the Friendly Societies (Provisional Repayments for Exempt Business) Regulations 1993, shall come into force, on 1st January 1994, and shall have effect in relation to accounting periods beginning on or after 1st January 1994.
Interpretation
2
In these Regulations unless the context otherwise requires —
“directive society” and “non-directive society” have the same meanings as in the Friendly Societies (Modifications of the Corporation Tax Acts) Regulations 1992 ;
“exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1) , 461(1) or 461B(1) of the Taxes Act , not being a business carried on by a friendly society all of whose profits are so exempt;
“Schedule 19AB” means Schedule 19AB to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 .
Application of Schedule 19AB — general
3
Schedule 19AB shall have effect, with the modifications and exceptions specified in regulations 4 to 9 below, in relation to exempt business of a friendly society as it has effect in relation to the pension business of an insurance company.
Modifications of paragraph 1 of Schedule 19AB in relation to directive societies
4
1
Paragraphs (2) to (9) specify modifications of paragraph 1 of Schedule 19AB in relation to exempt business of a directive society.
2
In sub-paragraph (1) —
a
for the words “An insurance company carrying on pension business” there shall be substituted the words “A friendly society carrying on both tax exempt business and business other than tax exempt business”;
b
for the words “the company” (wherever occurring) there shall be substituted the words “the society”;
c
in paragraphs (a) and (b) for the words “pension business” (wherever occurring) there shall be substituted the words “tax exempt business”.
3
In sub-paragraph (2) —
a
for the words “a company” there shall be substituted the words “a society”;
b
for paragraph there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and
;
c
in paragraph (b) for the words “the company” there shall be substituted the words “the society”.
4
In sub-paragraph (3) —
a
after the words “section 432A” there shall be inserted the words “, as modified by regulation 7 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992,”;
b
for the word “company” (wherever occurring) there shall be substituted the word “society”.
5
In sub-paragraph (4), in paragraph (a), there shall be inserted after the words “Management Act” the words “, unless the accounting period in question was one for which no notice as mentioned in subsection (1) of the said section 11 was served on the society”.
6
For sub-paragraph (5) there shall be substituted —
5
In sub-paragraph (1) above “the appropriate portion” means —
a
in so far as the payment is referable to business which is tax exempt business by virtue of section 460(1) —
i
where the payment or distribution in question is income arising from assets linked solely to tax exempt basic life assurance and general annuity business, the whole; and
ii
in any other case, the provisional fraction; and
b
in so far as the payment is referable to business which is tax exempt business by virtue of section 461(1) or 461B(1) —
i
where the payment or distribution in question is income arising from assets linked solely to long term business other than life or endowment business, or income arising from assets other than those of the society’s long term business fund, the whole; and
ii
in any other case, the provisional fraction determined in relation to long term business other than life assurance business.
5A
In sub-paragraph (5) above —
“tax exempt basic life assurance and general annuity business” shall be construed in accordance with the definition inserted in section 431(2) by regulation 5(2) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992;
“long term business” shall be construed in accordance with the definition substituted in section 431(2) by regulation 5(4) of those Regulations; and
“life or endowment business” has the meaning given by section 466(1).
.
7
In sub-paragraph (7) —
a
for the words “pension business” (wherever occurring) there shall be substituted the words “tax exempt business”;
b
for the word “company” (wherever occurring) there shall be substituted the word “society”.
8
Sub-paragraphs (8) and (9) shall be omitted.
9
For sub-paragraph (10) there shall be substituted —
10
In this paragraph —
“tax exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1);
“tax exempt business repayments” means
provisional repayments; and
repayments of income tax, and payments of tax credits, on any claim such as is mentioned in section 7(6) or in section 42(5A) of the Management Act .
.
Modifications of paragraph 1 of Schedule 19AB in relation to non-directive societies
5
1
Paragraphs (2) to (8) specify modifications of paragraph 1 of Schedule 19AB in relation to exempt business of a non-directive society.
2
In sub-paragraph (1) —
a
for the words “An insurance company carrying on pension business” there shall be substituted the words “A friendly society carrying on both tax exempt business and business other than tax exempt business”;
b
for the words “the appropriate portion” (wherever occurring) there shall be substituted the words “the relevant fraction”;
c
for the words “the company” (wherever occurring) there shall be substituted the words “the society”;
d
the words “and referable to its pension business” (wherever occurring) shall be omitted.
3
In sub-paragraph (2) —
a
for the words “a company” there shall be substituted the words “a society”;
b
for paragraph there shall be substituted —
a
shall begin whenever —
i
the society begins, at a time when it is carrying on only tax exempt business, to carry on business other than tax exempt business;
ii
the society begins, at a time when it is carrying on only business other than tax exempt business, to carry on tax exempt business;
iii
an accounting period of the society begins at a time when the society is carrying on both tax exempt business and business other than tax exempt business; or
iv
a provisional repayment period of the society ends, at a time when the society is carrying on both tax exempt business and business other than tax exempt business; and
;
c
in paragraph (b) for the words “the company” there shall be substituted the words “the society”.
4
For sub-paragraph (3) there shall be substituted —
3
For the purpose of determining the amounts to which a society is entitled by way of provisional repayments in the case of any accounting period, “the relevant fraction” in sub-paragraph (1) above means, subject to paragraph (b) of sub-paragraph (4) below, the fraction of which the denominator is the total investment income of the society and the numerator is the investment income of the society which is exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1) determined —
a
for the latest preceding accounting period of the society at the end of which the society was required to make a valuation of the liabilities attributable to the whole of its insurance business and for which an inspector is satisfied that the society has supplied him with such information as would enable that fraction for that accounting period to be estimated with reasonable accuracy, and
b
by reference to that information,
and any reference to “the provisional fraction” is a reference to the fraction so determined.
.
5
In sub-paragraph (4) —
a
in paragraph (a), there shall be inserted after the words “Management Act” the words “, unless the accounting period in question was one for which no notice as mentioned in subsection (1) of the said section 11 was served on the society”;
b
in paragraph (b), for the word “provisional” there shall be substituted the word “relevant”.
6
Sub-paragraphs (5), (8) and (9) shall be omitted.
7
In sub-paragraph (7) —
a
for the words “pension business” (wherever occurring) there shall be substituted the words “tax exempt business”;
b
for the word “company” (wherever occurring) there shall be substituted the word “society”.
8
For sub-paragraph (10) there shall be substituted —
10
In this paragraph —
“tax exempt business” means any business of a friendly society the profits arising from which are exempt from income tax and corporation tax under section 460(1), 461(1) or 461B(1);
“tax exempt business repayments” means
provisional repayments; and
repayments of income tax, and payments of tax credits, on any claim such as is mentioned in section 7(6) or in section 42(5A) of the Management Act.
.
Modifications of paragraph 2 of Schedule 19AB
6
1
Paragraph (2) specifies modifications of paragraph 2 of Schedule 19AB in relation to exempt business of a friendly society.
2
In sub-paragraphs (2) and (3) for the word “company” there shall be substituted the word “society”.
Modifications of paragraph 3 of Schedule 19AB
7
1
Paragraphs (2) and (3) specify modifications of paragraph 3 of Schedule 19AB in relation to exempt business of a friendly society.
2
In sub-paragraph (1) —
a
for the words “an insurance company” there shall be substituted the words “a friendly society”;
b
for the words “the company” there shall be substituted the words “the society”;
c
for the words “the insurance company” there shall be substituted the words “the friendly society”.
3
In sub-paragraph (5) for the word “company” there shall be substituted the word “society”.
Disapplication of paragraphs 4 and 5 of Schedule 19AB
8
Paragraphs 4 and 5 of Schedule 19AB shall not apply to exempt business of a friendly society.
Modifications of paragraph 6 of Schedule 19AB
9
1
Paragraph (2) specifies modifications of paragraph 6 of Schedule 19AB in relation to exempt business of a friendly society.
2
In sub-paragraph (3) —
a
for the words “an insurance company” there shall be substituted the words “a friendly society”;
b
for the words “that company” there shall be substituted the words “that society”.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rochdale Healthcare National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th May 1993.
2
In this Order:
“the Authority” means Rochdale Health Authority;
“the Trust” means the Rochdale Healthcare 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 12th January 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th May 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
16th April 1993


text:
PART I
GENERAL
Citation, commencement, application, amendment and revocation
1
1
These Regulations may be cited as the Education (School Inspection) (No. 2) Regulations 1993.
2
Parts I, II and IV of these Regulations shall come into force on 1st September 1993, and Part III of these Regulations shall come into force on 1st October 1993.
3
These Regulations apply only in relation to schools in England.
4
Parts II and IV of the Education (School Inspection) Regulations 1993 shall cease to have effect on the date on which this paragraph comes into force, and those Regulations shall be revoked on 1st October 1993.
Interpretation
2
1
In these Regulations–
“bank holiday” means a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971;
“school year” means the period of twelve months commencing on 1st August;
“the 1992 Act ” means the Education (Schools) Act 1992;
“working day” means any day which is not a Saturday, a Sunday, a bank holiday or part of a holiday longer than a week taken by a school under inspection; and
any reference to a child who is looked after by a local authority shall have the same meaning as in section 22 of the Children Act 1989 .
2
Where these Regulations require an act to be done within a specified period from a specified date the period begins immediately after that date.
3
Unless the context otherwise requires, any reference in a regulation of these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
PART II
SCHOOL INSPECTIONS
3
In this Part of these Regulations–
“action plan” means the written statement referred to, in the case of a school of any kind mentioned in section 204(1) of the 1993 Act , in section 210(1) of that Act or, in the case of any other school, in paragraph 10(1) of Schedule 2 to the 1992 Act;
“appropriate authority” shall be construed, in the case of a school of any kind mentioned in section 204(1) of the 1993 Act, in accordance with section 204(2) of that Act and, in the case of any other school, in accordance with paragraph 1 of Schedule 2 to the 1992 Act;
“ Chief Inspector ” means Her Majesty’s Chief Inspector of Schools in England;
“inspection”, except in regulation 7(3)(b), means an inspection of a school under section 9 of the 1992 Act, and in that regulation means an inspection under sections 2(2)(b), 3(1) or 9 of that Act;
“inspection team” has the meaning set out in paragraph 3(1) of Schedule 2 to the 1992 Act;
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England and any additional inspector;
“registered inspector” means an inspector registered under section 10(1) of the 1992 Act;
“school”, where used without qualification, means a school to which section 9 of the 1992 Act applies; and
“the 1993 Act” means the Education Act 1993.
Intervals for inspection
4
The Chief Inspector shall secure that every school is inspected by a registered inspector–
a
i
in the case of a secondary school, on or after 1st September 1993 but before 1st August 1997;
ii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter, in either case, within four school years from the end of the school year in which the last inspection took place.
Notification of inspection
5
1
Where an inspection is arranged, the appropriate authority shall, for the purposes of paragraph 6 of Schedule 2 to the 1992 Act, take such steps as are reasonably practicable to notify–
a
in the case of a county, voluntary or maintained special school which has a delegated budget, a person appearing to them to be an appropriate officer of the local education authority;
b
in the case of a county, voluntary or maintained special school which does not have a delegated budget, the chairman of the governing body;
c
in the case of a grant-maintained or grant-maintained special school , the funding authority;
d
in the case of a voluntary school or a grant-maintained school which, immediately before it became a grant-maintained school, was a voluntary school, the person who appoints the school’s foundation governors and, in the case of an aided or special agreement school, the appropriate diocesan authority (if different);
e
in the case of a school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 8 to the 1993 Act , that person;
f
in the case of an aided or grant-maintained secondary school the instrument of government of which names a person as a sponsor of the school , that person;
g
in the case of a special school which is not maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981 , the funding authority, a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school;
h
in the case of any school at which a registered pupil is a child who is looked after by a local authority, a person appearing to them to be an appropriate officer of that local authority; and
i
in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located, and such members of the local business community as the appropriate authority think fit, having regard, in particular, to the desirability of notifying members who employ or have recently employed former pupils of the school
of the time when the inspection is to take place.
2
In this regulation–
i
the expression “a school which has a delegated budget” has the meaning given to that expression in section 33(6)(b) of the Education Reform Act 1988 ;
ii
the expression “appropriate diocesan authority” means–
a
in relation to a school in which the religious education provided is provided in accordance with the faith and practice of the Church of England, the Diocesan Board of Education for the diocese of the Church of England in which the school is situated; and
b
in relation to a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church, the bishop of the Roman Catholic diocese in which the school is situated;
iii
the reference to a group of grant-maintained schools is a reference to a group of such schools conducted by a single governing body under Chapter IX of Part II of the 1993 Act; and
iv
the expression “externally appointed core governor” has the meaning which that expression has in paragraph 2 of Schedule 8 to the 1993 Act.
Meeting with parents
6
The appropriate authority, in arranging a meeting pursuant to paragraph 6(b) of Schedule 2 to the 1992 Act, shall–
a
arrange for the meeting to take place at a time before the time when the inspection is to begin;
b
in selecting the time and place for the meeting, have regard to the convenience of the parents;
c
take such steps as are reasonably practicable to give written notification at least three weeks in advance of the time when, and place where, the meeting is to be held to–
i
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, a person appearing to the appropriate authority to be an appropriate officer of that local authority; and
ii
in the case of a special school not being a school maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school and a parent of that person so requests;
d
not permit anyone to attend the meeting except–
i
the registered inspector and the inspection team;
ii
any person whom the registered inspector wishes to attend the meeting for the purpose of providing administrative support or recording what is said;
iii
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, a person appearing to the appropriate authority to be an appropriate officer of that local authority;
iv
in the case of a special school not being a school maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, a person appearing to the appropriate authority to be an appropriate officer of a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school and a parent of that person so requests;
v
any member of the Inspectorate monitoring the inspection under section 3(2) of the 1992 Act;
e
arrange for the registered inspector to have control of the meeting in all other respects.
Reports, action plans and statements
7
1
The carrying out of an inspection shall be completed by the expiry of the period of two weeks beginning when the inspection begins to be carried out.
2
For the purposes of paragraph 9B(2) of Schedule 2 to the 1992 Act and section 208(2) of the 1993 Act there is prescribed, as the period within which the making of the report of an inspection and a summary of the report is to be completed, the period of five weeks from the date on which the inspection is completed.
3
For the purposes of paragraph 10(2) of Schedule 2 to the 1992 Act and section 210(2) of the 1993 Act there is prescribed, as the period within which the appropriate authority is to prepare an action plan,–
a
where the report does not state that the registered inspector is of the opinion that special measures are required to be taken in relation to the school, or where it does so and also states that the Chief Inspector disagrees with his opinion, the period of forty working days from the date when the inspector reported to them; and
b
where the person making a report of an inspection of a school states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the period of forty days from the date on which they receive the report.
4
a
In the circumstances referred to in paragraph (3)(a) the appropriate authority shall, within five working days from the date on which they complete the preparation of the action plan, send copies of it to the persons mentioned in paragraph (5) (in addition to those persons to whom they are required to send copies pursuant to paragraph 10(3) and (4) of Schedule 2 to the 1992 Act or section 210(3) and (5) of the 1993 Act, as the case may be).
b
In the circumstances referred to in paragraph (3)(b) the appropriate authority shall, within two days from the date on which they complete the preparation of the action plan, send copies of it to the persons mentioned in paragraph (5) (in addition to the persons mentioned in paragraph 10(3) and (4) of Schedule 2 to the 1992 Act or section 210(3) to (5) of the 1993 Act, as the case may be).
5
The persons referred to in paragraph (4)(a) and (b) are–
a
all persons employed at the school;
b
in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located; and
c
in the case of a special school not being maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school.
6
For the purposes of section 211(3) of the 1993 Act there is prescribed, as the period within which a local education authority is to prepare the statement referred to in section 211(2), the period of ten days from the date on which they receive the action plan in respect of the school in question.
7
For the purposes of calculating the periods referred to in paragraphs (3)(b), (4)(b) and (6) no account shall be taken of Saturday, Sunday, Good Friday and Christmas Day or any day which is a bank holiday.
Fees for provision of the report and summary and of the action plan
8
1
Subject to paragraph (2), an appropriate authority may require payment of a fee (not exceeding the cost of supply) where they provide,–
a
under paragraph 9C(5)(b) of Schedule 2 to the 1992 Act or section 209(4) of the 1993 Act (as the case may be),–
i
a copy of a report to a person who is not otherwise entitled to receive a copy of that report; or
ii
a copy of a summary to any person to whom they have previously provided a copy of that summary; or
b
under paragraph 10(5)(b) of Schedule 2 to the 1992 Act or section 210(6)(b) of the 1993 Act (as the case may be), a copy of an action plan to any person–
i
who is not otherwise entitled to receive a copy of that action plan and whose home or whose principal office is located outside a radius of three miles from the school; or
ii
to whom they have previously provided a copy of that action plan.
2
An appropriate authority may not require payment by the funding authority of a fee under paragraph (1) where they provide to the funding authority a copy of a report or action plan in respect of a grant-maintained or grant-maintained special school and they have not previously provided a copy of that report or action plan to the authority.
PART III
INSPECTIONS OF DENOMINATIONAL EDUCATION
9
In this Part of these Regulations–
“additional action plan” means the written statement referred to in paragraph 15(1) of Schedule 2 to the 1992 Act;
“denominational education”, in relation to a school, means any religious education which–
is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum, but
is not required by any enactment to be given in accordance with an agreed syllabus;
“inspection” means an inspection of a school under section 13 of the 1992 Act; and
“inspector” means the person conducting the inspection.
Intervals for inspection
10
1
Where the governing body of a voluntary or grant-maintained school are required by section 13 of the 1992 Act to secure that the denominational education given to any pupils or the content of the school’s collective worship (or both) are inspected they shall secure that that inspection takes place–
a
i
in the case of a secondary school, on or after 1st October 1993 but before 1st August 1997 (unless that inspection took place in September 1993);
ii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter, in either case, within four school years from the end of the school year in which the last inspection took place.
Reports and additional action plans
11
1
An inspection shall be carried out during a period not exceeding two weeks.
2
The inspector shall, within five weeks from the date when the inspection is completed, prepare in writing a report of the inspection and a summary of the report.
3
The governing body shall, within forty working days from the date when the inspector reported to them, prepare an additional action plan.
4
The governing body shall, within five working days from the date when they complete the preparation of the additional action plan, send copies of it to the following persons (in addition to the persons mentioned in paragraph 15(2) of Schedule 2 to the 1992 Act)–
a
all persons employed as teachers at the school or to participate in the school’s collective worship;
b
in the case of a grant-maintained school, the funding authority;
c
in the case of a school in a group of grant-maintained schools in respect of which any person has power to appoint an externally appointed core governor under a provision of the instrument of government made in pursuance of Schedule 8 to the Education Act 1993, that person; and
d
in the case of an aided or grant-maintained secondary school the instrument of government of which names a person as a sponsor of the school, that person.
Fees for provision of the report and summary and of the additional action plan
12
1
Subject to paragraphs (2) and (3), a governing body may require payment of a fee (not exceeding the cost of supply) where they provide,
a
under paragraph 14(4)(b) of Schedule 2 to the 1992 Act–
i
a copy of a report to any person who asks for one;
ii
a copy of a summary to any person to whom they have previously provided a copy of that summary; or
b
under paragraph 15(3)(b) of Schedule 2 to the Act a copy of an additional action plan to any person–
i
who is not otherwise entitled to receive a copy of that action plan and whose home or whose principal office is located outside a radius of three miles from the school; or
ii
to whom they have previously provided a copy of that action plan.
2
A governing body may not require payment of a fee under paragraph (1) if the report or summary, as the case may be, forms part of or is otherwise bound with the report or summary referred to in regulation 7 and a fee has been paid under regulation 8.
3
A governing body may not require payment by the funding authority of a fee under paragraph (1) where they provide to the funding authority a copy of a report or additional action plan in respect of a grant-maintained school and they have not previously provided a copy of that report or action plan to the authority.
PART IV
LOCAL EDUCATION AUTHORITY ACCOUNTS
13
1
For each financial year in which a local education authority provide a school inspection service, the authority shall keep accounts in respect of the service provided by them in that year.
2
In this regulation–
“financial year” means a period of twelve months beginning with 1st April; and
“school inspection service” has the meaning set out in section 14(2) of the 1992 Act.
Emily Blatch
Minister of State,
Department for Education
3rd August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 22nd March 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lewisham Hospital 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 Lewisham Hospital 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 own and manage hospital accommodation and services provided at Lewisham Hospital, Lewisham High Street, Lewisham, London SE13 6LH and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of London.
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.
Restriction on disposal of assets
7
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.
Virginia Bottomley
Secretary of State for Health
11th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1993 and shall come into force on 1st September 1993.
Amendment
2
In paragraph 2 of Schedule 3 to the Education (Teachers) Regulations 1993 —
a
in sub-paragraph (1), for the words “institution or university” there shall be substituted the words “school, city technology college, institution, or university”;
b
for sub-paragraph (1)(a), there shall be substituted the following —
i
is for the degree of Bachelor of Education, a certificate in Education, a post-graduate certificate in Education or a comparable qualification awarded by a university in England or Wales; or
ii
is a post-graduate course of teacher training at a school or city technology college
.
Emily Blatch
Minister of State
Department for Education
2nd August 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) (Amendment) Regulations 1993 and shall come into force on 5th April 1993.
2
In these Regulations “the principal Regulations ” means the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1990 .
3
Any reference in these Regulations to a numbered form is a reference to the form bearing that number in the Schedule to the principal Regulations.
Amendment of the principal Regulations
2
The Schedule to the principal Regulations is amended —
a
as regards Form 1 (application for renovation grant) and Form 2 (application for disabled facilities grant), as mentioned in Schedule 1;
b
as regards Form 3 (application for common parts grant), as mentioned in Schedule 2; and
c
as regards Form 4 (application for HMO grant), as mentioned in Schedule 3.
Michael Howard
Secretary of State for the Environment
4th March 1993
David Hunt
Secretary of State for Wales
5th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Lambeth, Merton and Wandsworth (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
any reference to Lambeth, to Merton or to Wandsworth is a reference to the London borough of that name; “the map” means one or more of the 16 maps prepared by the Department of the Environment, marked “Maps of the Lambeth, Merton and Wandsworth (London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; andany reference to a ward is a reference to a ward of the London borough from or to which an area is transferred .
Transfers between Lambeth and Merton
3
1
The areas which are marked A on map 8 and B and C on map 10 shall be transferred from Lambeth, and from the Streatham South ward to Merton, to the Longthornton ward, and to the Merton petty sessional area and the Inner West London coroner’s district.
2
The areas which are marked A on map 9 and A and D on map 10 shall be transferred from Merton, and from the Longthornton ward to Lambeth, to the Streatham South ward, and to the South Central petty sessional area and the Inner South London coroner’s district.
Transfers between Lambeth and Wandsworth
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Lambeth, and from the ward named in column 3 to Wandsworth, to the ward named in column 4, and to the South Western petty sessional area and the Inner West London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Lambeth, and from the following ward — To Wandsworth, and to the following ward —
B 5 Clapham Town Queenstown A 6 Clapham Town Shaftesbury F G 2 3 Larkhall Queenstown B 1 Oval Queenstown A 7 St. Leonard's Bedford C 1 & 2 Stockwell Queenstown B 7 Thornton Bedford
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Wandsworth, and from the Queenstown ward to Lambeth, to the ward named in column 3, and to the South Central petty sessional area and the Inner South London coroner’s district.
TABLE
(1) (2) (3) Area marked — On map — To Lambeth, and to the following ward —
A & C 5 Clapham Town E A 2 4 Larkhall A 1 Oval D 2 Stockwell
Transfers between Merton and Wandsworth
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merton, and from the ward named in column 3 to Wandsworth, to the ward named in column 4, and to the South Western petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Merton, and from the following ward — To Wandsworth, and to the following ward —
A 11 Colliers Wood Graveney A L 13 14 Colliers Wood Tooting A & B 16 Durnsford Southfield I C, E & G 14 Durnsford Springfield B & D 12 Graveney Furzedown B 11 Graveney Graveney B & D 15 Village Parkside
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Wandsworth, and from the ward named in column 3 to Merton, to the ward named in column 4, and to the Merton petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Wandsworth, and from the following ward — To Merton, and to the following ward —
A 14 Earlsfield Durnsford F 12 Furzedown Figge’s Marsh A, C, E1 & E2 C, D & E 12 11 Furzedown Graveney A & C 15 Parkside Village C 16 Southfield Durnsford H, J B, D & F 14 Springfield Durnsford K 14 Tooting Colliers Wood
Town and country planning
6
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
21st May 1993


text:
1
1
This Order may be cited as the Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1993 and shall come into force on 26th July 1993.
2
The Immigration (Restricted Right of Appeal against Deportation) (Exemption) ( No. 2) Order 1988 is hereby revoked.
2
The following persons shall be exempt from section 5(1) of the Immigration Act 1988 —
a
any person who would have been last given leave to enter the United Kingdom seven years or more before the date of the decision to make a deportation order against him but for his having obtained a subsequent leave after any absence from the United Kingdom within the period limited for the duration of the earlier leave;
b
any person whose limited leave to enter or remain in the United Kingdom has been curtailed by the Secretary of State under section 7(1) of the Asylum and Immigration Appeals Act 1993 .
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd July 1993.


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (International Railway Tariffs Agreements) Order 1993. It shall come into force in respect of each Treaty specified in the Schedule to this Order on the tenth day after the day on which it is made.
2
The Treaties specified in the Schedule to this Order are to be regarded as Community Treaties as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Lancashire and Merseyside (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a metropolitan borough;
“electoral division” means an electoral division of the county of Lancashire;
“Lancashire” means the county of Lancashire, except in the expression “West Lancashire”, where it means the district of that name in that county;
“the map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Lancashire and Merseyside (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, and any reference to Sefton is a reference to the district of that name in that county; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers from Lancashire (West Lancashire) to Merseyside (Sefton)
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Lancashire, from West Lancashire and from the parish named in column 3 to —
a
Merseyside;
b
Sefton;
c
the ward mentioned in column 4; and to
d
the North Sefton petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district —
and shall become unparished.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Lancashire, from West Lancashire and from the parish of — To Merseyside, to Sefton, and to the following ward
A 5 Downholland Harington A 4 Halsall Ainsdale A 3 Halsall Kew A 2 North Meols Norwood B 2 Scarisbrick Norwood
Transfers from Merseyside (Sefton) to Lancashire (West Lancashire)
4
1
The unparished area which is marked A on map 1 shall be transferred from Merseyside, from Sefton and from the Meols ward to —
a
Lancashire;
b
West Lancashire;
c
the parish of North Meols, and the Crossens parish ward;
d
the North Meols ward and the West Lancashire North electoral division; and to
e
the Ormskirk petty sessional division and the Preston and South West Lancashire coroner’s district.
2
The unparished areas which are marked A and B on map 6 shall be transferred from Merseyside, from Sefton and from the Ravenmeols ward to —
a
Lancashire;
b
West Lancashire;
c
the Downholland ward and the West Lancashire South electoral division; and to
d
the Ormskirk petty sessional division and the Preston and South West Lancashire coroner’s district. The area marked A shall additionally be transferred to the parish of Downholland, and the area marked B to the parish of Great Altcar.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
1st May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire Mental Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Warwickshire Mental 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 South Warwickshire Mental 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 —
a
to own and manage hospital accommodation and services provided at Central Hospital, Hatton, Warwick CV35 7EE and associated hospitals;
b
to manage community health services provided from Central Hospital, Hatton, Warwick CV35 7EE 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 trust
5
1
The operational date of the trust shall be 1st April 1994.
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 Warwickshire 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 Warwickshire 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 Warwickshire 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
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southmead Health Services National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order —
“the Authority” means Bristol and District Health Authority;
“the Trust” means the Southmead 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 17th December 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd March 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd February 1993


text:
1
These Regulations may be cited as the Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) (Amendment) Regulations 1993 and shall come into force on 1st December 1993.
2
The Public Service Vehicles (Traffic Commissioners: Publication and Inquiries) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 4(2), for “£2.50” there shall be substituted “£3.50”.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
5th November 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all the measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan in plan folio numbered HA10/YH44 marked “The A65 Trunk Road (Manor Park Impro vement) Order 1993”, signed by authority of the Sec retary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the Liverpool-Preston-Leeds Trunk Road (A65).
5
This Order shall come into force on 15th March 1993 and may be cited as the A65 Trunk Road (Manor Park Improvement) Order 1993.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Regional Director, Yorkshire and Humberside Region,
Department of Transport
16th February 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Undersized Lobsters Order 1993 and shall come into force on 20th May 1993.
2
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“carapace length”, in relation to any lobster, means the length of the carapace, measured parallel to the mid-line from the back of either eye socket to the distal edge of the carapace, as shown in the Schedule hereto;
“lobster” means lobster of the species Homarus gammarus.
Prescribed minimum size for landing lobsters and exemption from landing prohibition
2
1
For the purpose of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters.
2
Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
Prescribed minimum size for sale etc. of lobsters and exemptions from sale prohibitions
3
1
For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters.
2
The sale, exposure or offer for sale or possession for the purpose of sale of lobsters which are landed from foreign fishing boats is exempted from the prohibitions imposed by section 1(2) of the Act as read with paragraph (1) above.
Prescribed minimum size for carriage of lobsters on a British fishing boat
4
For the purpose of section 1(3) of the Act (which prohibits the carriage on a British fishing boat of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), a carapace length of 85 millimetres is hereby prescribed as the minimum size in relation to lobsters carried on a British fishing boat.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of section 1 of the Act and of this Order a British sea-fishery officer may exercise in relation to any British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere the powers conferred by paragraphs (2) to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boathas committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under section 1 of the Act as read with this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th April 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th April 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
28th April 1993
Patrick Mayhew
Secretary of State for Northern Ireland
28th April 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1993 and shall come into force on 5th May 1993.
2
In this Order, “relevant Community provision” means a provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that Regulation, as read with any qualifying words relating to that provision in that column.
Offences and penalties
2
If there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the amount specified in column 4 of the Schedule to this Order opposite the reference to that provision in column 2; or
b
on conviction on indictment to a fine.
Recovery of fines
3
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 5 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 5 of this Order, the sheriff may
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat to which a relevant Community provision applies and which is within British fishery limits;
b
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
c
may require any such boat to stop and do anything else to enable him to board it;
d
may require the attendance of the master of the boat or any other person on board;
e
may require any person on board to assist him in the performance of his functions; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2 of this Order has been committed within British fishery limits in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
5
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 4 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 4 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
6
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 4 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
7
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation and saving
8
The Third Country Fishing (Enforcement) Order 1991 is hereby revoked, but without prejudice to the application of articles 4 to 6 of that Order in relation to the enforcement of article 2 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th April 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
29th April 1993
Patrick Mayhew
Secretary of State for Northern Ireland
30th April 1993


text:
1
This Order may be cited as the Assisted Areas (Amendment) Order 1993 and shall come into force on 1st August 1993.
2
The Assisted Areas Order 1993 shall be amended by substituting “5th April 1981” for “2nd April 1988” in article 2(2) .
Tim Sainsbury
Minister of State,
Department of Trade and Industry
27th July 1993


text:
Citation and commencement
1
This Order may be cited as the Chester Port Health Authority (Revocation) Order 1993 and shall come into force on 31st March 1993.
Revocation
2
The Orders specified in the Schedule to this Order are hereby revoked.
Compensation Payment
3
There shall be paid as compensation for loss of office to the Clerk of Chester Port Health Authority the sum of #1,032.00 payable in the following proportions by the constituent authorities for the Port Health Authority: —
Delyn Borough Council 10/20ths
Alyn and Deeside District Council 4/20ths
Rhuddlan Borough Council 1/20th
Chester City Council 5/20ths


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) Regulations 1993 and shall come into force on 11th October 1993.
2
These Regulations shall not apply in a case where a notice under section 122(1) of the Housing Act 1985 as it applies where the right to buy is preserved (qualifying person’s notice claiming to exercise the right to buy) was served before these Regulations come into force.
Modifications to the Right to Buy
2
1
Subject to regulation 3 below, Part V of the Housing Act 1985 (the right to buy) as it applies in the circumstances described in section 171A(1) of the Housing Act 1985 (cases in which right to buy is preserved) has effect subject to the exceptions, adaptations and other modifications specified in Schedule 1 to these Regulations.
2
Subject to regulation 3, Part V of the Housing Act 1985 as it applies by virtue of paragraph (1) is set out in Schedule 2 to these Regulations.
Transitional Provisions
3
1
In a case where section 142 of the Housing Act 1985 (entitlement to defer completion) continues to apply , Part V of that Act has effect as provided for in regulation 2(1) above subject to the exceptions, adaptations and other modifications specified in Schedule 3 to these Regulations.
2
Part V of the Housing Act 1985 as it applies by virtue of paragraph (1) is set out in Schedule 2 to these Regulations subject to the additional provisions or provisions in substitution set out in Schedule 4 to these Regulations.
Revocations
4
The following Regulations are revoked —
the Housing (Preservation of Right to Buy) Regulations 1989 ;
the Housing (Preservation of Right to Buy) (Amendment) Regulations 1989 ;
the Housing (Preservation of Right to Buy) (Amendment) Regulations 1990 ; and
the Housing (Preservation of Right to Buy) (Amendment) Regulations 1992 .
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
8th September 1993
John Redwood
Secretary of State for Wales
9th September 1993