text:
Citation and commencement
1
This Order may be cited as the Housing Renovation etc. Grants (Grant Limit) Order 1993 and shall come into force on 5th April 1993.
Grant limit
2
The formula, for calculating a maximum amount of grant which a local housing authority may pay in respect of an application for a grant, prescribed under section 116(5) of the Local Government and Housing Act 1989 is —
A + B
where —
A is the lesser of —
£50,000; and
the amount of the grant which, but for this article, would be payable (as the case may be) in respect of —
works which are needed to cause the dwelling to be fit for human habitation, and
works which are needed to comply with a notice under section 189, 190 or 352 of the Housing Act 1985 (repair notices in respect of unfit houses and houses in a state of disrepair but not unfit, and power to require works to render premises fit for number of occupants), and
works which are needed and appropriate to meet the needs of a disabled occupant and are for any one or more of the purposes set out in section 114(3) of the Local Government and Housing Act 1989 (approval of applications to provide certain facilities for the disabled); and
B is the amount of the grant payable in respect of other works.
Transitional provision
3
This Order shall not have effect in relation to an application for a grant made before the coming into force of this Order.
Michael Howard
Secretary of State for the Environment
4th March 1993
David Hunt
Secretary of State for Wales
5th March 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No.6) Regulations 1993 and shall come into force on 21st September 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) for the definition of “due date” there shall be substituted the following definition —
“due date” in Part IV of these regulations means in relation to any contribution which a person is —
liable to pay, the date by which payment falls to be made;
entitled but not liable to pay, the date 42 days after the end of the year in respect of which it is paid;
.
Amendment of regulation 38 of the principal Regulations
3
In regulation 38(1) of the principal Regulations (treatment for purpose of contributory benefit of late paid contributions under the Act) for the words “paid after the due date” there shall be substituted the words “paid after the due date or treated as paid after the due date under regulation 41A(2)”.
Insertion of regulation 41A into the principal Regulations
4
After regulation 41 of the principal Regulations (treatment for the purpose of any contributory benefit of contributions under the Act paid late through ignorance or error) there shall be inserted the following regulation —
Treatment for the purpose of any contributory benefit of contributions paid under regulation 54
41A
1
Subject to paragraph (2) of this regulation, for the purpose of entitlement to contributory benefit, where —
a
a person pays a Class 2 or Class 3 contribution in accordance with regulation 54 of these regulations (method of, and time for, payment of Class 2 and Class 3 contributions etc. ) , and
b
the due date for payment of that contribution is a date after the relevant day,
that contribution shall be treated as paid by the relevant day.
2
Where in respect of any part of a late notification period, a person pays aClass 2 contribution which he is liable to pay, that contribution shall be treated as paid after the due date, whether or not it was paid by the due date.
3
In this regulation —
“contribution quarter” has the meaning given in regulation 54(8)(b) of these regulations;
“late notification period” means the period from the date a person liable to pay a Class 2 contribution was first required to notify the Secretary of State in accordance with the provisions of regulation 53A of these regulations (notification of commencement or cessation of payment of Class 2 or Class 3 contributions) to the date of the last day of the contribution quarter immediately before the contribution quarter in which he gives that notification;
“relevant day” means the first day in respect of which a person would have been entitled to receive the contributory benefit in question if any contribution condition relevant to that benefit had already been satisfied.
.
Amendment of regulation 42 of the principal Regulations
5
In regulation 42(a) of the principal Regulations (treatment for the purpose of any contributory benefit of contributions paid under an arrangement) for the words “regulation 54(3)” there shall be substituted the words “regulation 54A” .
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
23rd August 1993


text:
1
This Order may be cited as the South Eastern Combined Fire Area Administration (Amendment) (No.2) Scheme Order 1993.
2
The South Eastern Combined Fire Area Administration Amendment (No. 2) Scheme 1993 set out in the Schedule to this Order, is hereby approved.
Fraser of Carmyllie
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
12th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Heathrow Airport (County and 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 —
“Buckinghamshire” means the county of Buckinghamshire, and any reference to South Bucks is a reference to the district of that name in that county;
“electoral division” means an electoral division of the county of Buckinghamshire ;
“Hillingdon” means the London borough of Hillingdon;
“Hounslow” means the London borough of Hounslow;
“the map” means the map prepared by the Department of the Environment, marked “Map of the Heathrow Airport (County and London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Surrey” means the county of Surrey, and any reference to Spelthorne is a reference to the Surrey borough of that name; and except in article 3(2)(c), “ward” means a ward of a district, borough or London borough . Transfers between Buckinghamshire (South Bucks) and Greater London (Hillingdon)
3
1
The areas which are marked B1 and B3 on the map shall be transferred from Buckinghamshire, from South Bucks, and from the parish of Iver to —
a
Greater London;
b
Hillingdon;
c
the Heathrow ward;
d
the Hillingdon petty sessional area and the Western London coroner’s district; and to
e
the Metropolitan Police District; and shall cease to form part of any parish.
2
The area which is marked B2 on the map shall be transferred from Greater London, from Hillingdon, and from the Heathrow ward to —
a
Buckinghamshire;
b
South Bucks;
c
the Iver and Colnbrook ward, and the Iver and Colnbrook electoral division;
d
the parish of Iver, and the Colnbrook ward of that parish; and to
e
the Burnham petty sessional division and the South Buckinghamshire coroner’s district; and shall cease to form part of the Metropolitan Police District. Transfers from Surrey (Spelthorne) to Greater London (Hillingdon)
4
1
The following areas —
a
the part of The Moors ward marked B4 on the map; and
b
the part of the Stanwell North ward marked B5 on the ma shall be transferred from Surrey and from Spelthorne to Greater London, to Hillingdon, to the Heathrow ward, and to the Hillingdon petty sessional area and the Western London coroner’s district.
2
In consequence of the changes effected by paragraph (1), the area marked DW1 on the map shall be transferred from the Stanwell North ward of Spelthorne to the Stanwell South ward of that borough.
Transfers from Hounslow to Hillingdon
5
The areas which are marked B6, B7 and B8 on the map shall be transferred from Hounslow, and from the East Bedfont ward to Hillingdon, to the Heathrow ward, and to the Hillingdon petty sessional area.
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
24th May 1993


text:
1
This Order may be cited as the Immigration (Variation of Leave) (Amendment) Order 1993 and shall come into force on 26th July 1993.
2
In the Immigration (Variation of Leave) Order 1976 —
a
after paragraph 2(c) of article 3 there shall be inserted —
d
in a case in which the duration of a person’s limited leave to enter or remain has been curtailed by the Secretary of State under section 7(1) of the Asylum and Immigration Appeals Act 1993
;
and
b
after article 3 there shall be inserted —
4
Where —
a
the duration of a person’s limited leave to enter or remain in the UK has been extended by the operation of article 3(1); and
b
the duration of that leave has been curtailed by the Secretary of State under section 7(1) of the Asylum and Immigration Appeals Act 1993,
the extension shall not have effect beyond the date to which the leave is curtailed
.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Bromley, Croydon, Lambeth, Lewisham and Southwark (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
1
In this Order —
any reference to Bromley, Croydon, Lambeth, Lewisham or Southwick is a reference to the London borough of that name;
“the map”means one or more of the 2 maps prepared by the Department of the Environment, marked “Maps of the Bromley, Croydon, Lambeth, Lewisham and Southwark London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers between Bromley and Croydon
3
1
The areas which are marked T, U and V on map 2 shall be transferred from Bromley, and from the Anerley ward to —
a
Croydon;
b
the South Norwood ward; and to
c
the Croydon petty sessional area.
2
The following areas of Croydon —
a
the parts of the South Norwood ward marked Q, R and S on map 2; and
b
the parts of the Upper Norwood ward marked P on maps 1 and 2 —
shall be transferred to Bromley, to the Anerley ward, and to the Bromley petty sessional area;
Transfers between Bromley and Lewisham
4
1
The areas marked F, G, H and J on map 1 shall be transferred from Bromley, and from the Lawrie Park and Kent House ward to Lewisham, to the Sydenham West ward, to the South Eastern petty sessional area, and to the Inner South London coroner’s district.
2
The areas marked A, B, C, D, E and K on map 1 shall be transferred from Lewisham, and from the Sydenham West ward to Bromley, to the Bromley petty sessional area, and to the Southern London, coroner’s district. They shall all additionally be transferred to the Lawrie Park and Kent House ward, with the exception of the area marked K on map 1, which shall be transferred to the Anerley ward.
Transfer from Lambeth to Bromley
5
The area marked N on map 1 shall be transferred from Lambeth, and from the Gipsy Hill ward to Bromley, to the Anerley ward, to the Bromley petty sessional area, and to the Southern London coroner’s district.
Transfer from Southward to Bromley
6
The area marked L on map 1 shall be transferred from Southwark, and from the College ward to Bromley, to the Anerley ward, to the Bromley petty sessional area, and to the Southern London coroner’s district.
7
The area marked M on map 1 shall be transferred from Southwark, and from the College ward to Bromley, to the Gipsy Hill ward, to the Bromley petty sessional area, and to the Southern London coroner’s district.
Town and Country Planning
8
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
30th April 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Winchester and Eastleigh Healthcare 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 Winchester and Eastleigh Healthcare 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 Winchester and Eastleigh Healthcare 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 Royal Hampshire County Hospital, Romsey Road, Winchester SO22 5DG and associated hospitals;
b
to manage community health services provided from Royal Hampshire County Hospital, Romsey Road, Winchester SO22 5DG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Winchester 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 Winchester 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 Winchester 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
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1990
2
For the Schedule to the Seeds (National Lists of Varieties) (Fees) Regulations 1990 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Revocation
3
Regulation 2(4) of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and the whole of the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1992 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
25th February 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th February 1993
David Hunt
Secretary of State for Wales
24th February 1993
Patrick Mayhew
Secretary of State for Northern Ireland
22nd February 1993


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Education (Publication of School Proposals and Notices) Regulations 1993.
2
Regulations 1(1), (2) and (4), 6 and 7(1) (so far as it relates to section 32(2)(a) of the Education Act 1993) of, and Schedules 1 and 2 (so far as it relates to the said section 32(2)(a)) to, these Regulations shall come into force on 1st January 1994 and the remaining provisions shall come into force on 1st April 1994.
3
The Education (Publication of School Proposals) (No.2) Regulations 1980 shall be revoked.
4
Regulation 3 of the Education (Grant-maintained Schools) (Publication of Proposals) Regulations 1989 shall cease to have effect on the date that this paragraph comes into force, and those Regulations shall be revoked on 1st April 1994.
Interpretation
2
In these Regulations“promoters” has the meaning given by section 49(1) of the Education Act 1993.
Manner of Publication of Proposals
3
1
Any proposals which (as the case may be) are required to be, or may be, published pursuant to —
a
section 12(1) or 13(1) of the Education Act 1980 (proposals for the establishment, discontinuance, alteration or transfer of schools by local education authorities or for the establishment, alteration or transfer of voluntary schools);
b
section 96(1)(a) or 97(2) of the Education Act 1993 (proposals for the alteration or transfer of grant-maintained schools);
c
section 104(4) or 105(2) of the Education Act 1993 (proposals for the discontinuance of grant-maintained schools); or
d
section 272(2) of the Education Act 1993 (proposals for the alteration of schools proposed for grant-maintained status),
shall be published —
i
by being posted in at least one conspicuous place, in the case of proposals for the establishment of a school, in the area proposed to be served by the school, in the case of proposals for the alteration of a school which would not alter the area served by the school, or for the discontinuance of a school, in the area served by the school, and, in any other case, in both such areas;
ii
in at least one newspaper circulating in the area or areas referred to in sub-paragraph (i) above;
iii
in the case of proposals relating to an existing school, by being posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them.
2
For the purposes of this regulation, references to the discontinuance of a school, in the case of a school which is maintained by a local education authority, are references to that authority ceasing to maintain the school.
4
Any proposals which are required to be published by section 48(3)(a) or 49(1)(a) of the Education Act 1993 (proposals for the establishment of grant-maintained schools) shall be published —
a
by being posted in at least one conspicuous place in the area proposed to be served by the school to which the proposals relate;
b
by being made available for inspection at all reasonable times at any place in that area to which members of the public may conveniently have access;
c
in at least one newspaper circulating in that area; and
d
in the case of proposals by promoters to establish a grant-maintained school in place of an existing independent school, by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them.
5
1
Any proposals, other than in respect of any maintained or grant-maintained special school, which may be made pursuant to section 234(1) of the Education Act 1993 (proposals for the establishment, alteration or discontinuance of schools by Secretary of State following making of directions to the local education authority, the funding authority or the governing body of a voluntary school to make such proposals) shall be published —
a
in the case of proposals relating to the establishment of any grant-maintained school, in accordance with regulation 4(a) to (c) above;
b
in all other cases, in accordance with regulation 3 above.
2
Where any proposals in respect of the establishment, alteration or any maintained or grant-maintained special school are made pursuant to section 234(1) of that Act, notice of them shall be served on those persons on whom notice would be required to be served under regulations made pursuant to section 183 of that Act , as if that section applied to the proposals.
Notice of Governors
6
1
Any notice required to be published by section 72(4) or section 73(5)(b) of the Education Act 1993 (notice of determination of initial governors) shall be published —
a
by being posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them;
b
by being posted in the same place within the area served by the school as that in which the proposals for acquisition of grant-maintained status for the school as published were posted in accordance with paragraph 1(1)(b) of Schedule 3 to the Education Act 1993 ; and
c
by being made available for inspection at all reasonable times at the same place as that at which those proposals as published were made available for inspection in accordance with paragraph 1(1)(c) of that Schedule.
2
A notice of the kind referred to in paragraph (1) above, shall be published within 7 days beginning with the date of, as the case may be, the relevant election, appointment or selection.
Proposals and Prescribed Information for Nursery Education
7
1
Proposals published under any of the following sections of the Education Act 1993, namely, section 32(2)(a), 48(3)(a), 49(1)(a), 96(1)(a) or 97(2) (proposals for the acquisition of grant-maintained status for schools or for the establishment, alteration or transfer of grant-maintained schools), shall, if pupils are proposed to be admitted for nursery education to the school the subject of the proposals, give the information specified in Schedule 2.
2
Proposals made under section 234(1) of the Education Act 1993 (proposals for the establishment, alteration or discontinuance of schools by Secretary of State following making of directions to the local education authority, the funding authority or the governing body of a voluntary school to make such proposals), shall, if pupils are proposed to be admitted for nursery education to a grant-maintained school the subject of the proposals, give the information specified in Schedule 2.
Amendment of Regulations
8
1
For regulation 2(c) of the Education (Publication of proposals to change status of a controlled school) Regulations 1987 there shall be substituted the following —
c
by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them.
.
2
For regulation 2(c) of the Education (Publication of Proposals for Reduction in Standard Number) Regulations 1991 there shall be substituted the following —
c
by being posted at or near the main entrance to that school or (if there is more than one main entrance) all of them.
.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dacorum and St Albans Community 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 North West Hertfordshire Health Authority;
“the Trust” means the Dacorum and St Albans Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 24th December 1992, 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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Further Education in Schools) Regulations 1993 and shall come into force on 1st September 1993.
2
In these Regulations —
a
“the 1986 Act ” means the Education (No. 2) Act 1986; and
b
“the 1988 Act ” means the Education Reform Act 1988.
Presence of a teacher necessary
2
1
The circumstances referred to in section 16A(2) of the 1986 Act and in section 89(1A) of the 1988 Act shall be that a teacher is present in the room.
2
For the purposes of paragraph (1) a teacher means a member of the teaching staff of —
a
a school maintained by a local education authority;
b
an institution maintained or assisted by a local education authority other than a school;
c
a grant-maintained school;
d
a city technology college; or
e
an institution within the further education sector.
3
For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if —
a
it would be impracticable to secure the presence of a teacher in the room at that time, and
b
the absence of a teacher at that time has not lasted more than five minutes.
T. E. Boswell
Parliamentary Under Secretary of State,
Department for Education
5th August 1993
John Redwood
Secretary of State for Wales
8th August 1993


text:
Citation and commencement
1
This Order may be cited as the St Thomas' Hospital National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1993.
Dissolution of NHS Trust
2
The St Thomas' Hospital National Health Service Trust is hereby dissolved, and accordingly the St Thomas' Hospital National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Virginia Bottomley
Secretary of State for Health
11th March 1993


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 1) Order 1993 and extends to England and Wales only.
2
1
The provisions of the Criminal Justice Act 1993 referred to in the left-hand column of Schedule 1 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 16th August 1993.
2
The provisions of that Act referred to in the left-hand column of Schedule 2 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 20th September 1993.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1993


text:
Citation and commencement
1
This Order may be cited as the Defence Research Agency Trading Fund Order 1993 and shall come into force on 1st April 1993.
Establishment of the fund
2
As from 1st April 1993, for all the operations of the Ministry of Defence known as the Defence Research Agency, which operations are more particularly described in Schedule 1 to this Order, there shall be established a trading fund to be known as the Defence Research Agency Trading Fund (hereinafter referred to as “the fund”).
Source of loans
3
The Secretary of State is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
89.6% of the amount by which the values of the assets set out in Schedule 2 exceed the amounts of the liabilities so set out, shall be treated as public dividend capital of the fund.
Limitation of indebtedness
5
The maximum amount that may be issued to the fund by way of loan under Section 2B of the 1973 Act shall be £400,000,000.
Malcom Rifkind
Secretary of State for Defence
11th February 1993
We concur
Timothy Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th February 1993


text:
Citation and commencement
1
This Order may be cited as the Education (University Commissioners) Order 1993 and shall come into force on 30th December 1993.
Continuation of duties and powers
2
The University Commissioners' duties and powers shall continue for the period from 1st January 1994 until 1st January 1995.
John Patten
Secretary of State for Education
7th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993 and shall come into force on 26th July 1993.
Revocation
2
The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 , the Wireless Telegraphy (Low Power Devices) (Exemption) Regulations 1991 and the Wireless Telegraphy (Low Power Devices) (Exemption) (Amendment) Regulations 1992 are hereby revoked.
Interpretation
3
In these Regulations —
“authorised person” means any person authorised by the Secretary of State for the purposes of regulation 6;
“ erp ” means effective radiated power, as defined in the Radio Regulations ;
“ eirp ” means equivalent isotropically radiated power, as defined in the Radio Regulations;
“field strength” means the magnitude of a component of specified polarisation of the electric or magnetic field, and a reference to the field strength of any signal means the field strength of that signal when measured at a distance of 10 metres;
“ μA/m ” means microamps per metre;
“ μV/m ” means microvolts per metre;
“ μW ” means microwatts;
“ mW ” means milliwatts;
“the Radio Regulations” means the 1990 edition of the Radio Regulations, annexed to the International Telecommunication Convention 1982 pursuant to Articles 43 and 83 of that Convention;
“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus;
“relevant short range device” means any station or apparatus for wireless telegraphy of a description set out in the Schedule hereto; and
“ W ” means Watts.
Exemption
4
Subject to regulation 5, the establishment, installation and use of any relevant short range device are hereby exempted from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.
Terms, provisions and limitations
5
The exemption provided for in regulation 4 shall be subject to the terms, provisions and limitations that —
a
the relevant apparatus comprised in the relevant short range device is for the time being approved under section 84 of the Telecommunications Act 1984; and
b
the relevant short range device shall not cause undue interference to any wireless telegraphy.
Restrictions on use
6
1
Where an authorised person has reasonable cause to believe that a relevant short range device is not complying with regulation 5, any person who is in possession or control of the relevant short range device shall, on the demand of that authorised person —
a
permit and facilitate its inspection by that authorised person; and
b
cause its use to —
i
cease; or
ii
be restricted in the manner specified by that authorised person,
for a period of time ending either on a date, or on the occurrence of an event, specified by that authorised person.
2
Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant short range device.
Patrick M'Loughlin
Parliamentary Under-Secretary of State, For Trade and Technology
Department of Trade and Industry
23rd June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stobhill National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Stobhill 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 Stobhill National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as Stobhill General Hospital, Broomhill Hospital and the Tropical Diseases and Virology Buildings at Ruchill Hospital, all in Glasgow, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board 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 Greater Glasgow Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Mersey Community National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order: —
“the Authority” means Liverpool Health Authority;
“the Trust” means the North Mersey Community 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 2nd September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 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 September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shropshire’s Community Health Service 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 Shropshire’s Community Health Service 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 Shropshire’s Community Health Service 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 from Cross Houses, Nr. Shrewsbury, Shropshire SY5 6JN and associated hospitals;
b
to manage community health services provided from Cross Houses, Nr. Shrewsbury, Shropshire SY5 6JN and to own the associated premises;
c
to manage ambulance and associated transport services from Cross Houses, Nr. Shrewsbury, Shropshire SY5 6JN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Shropshire 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 Shropshire 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 Shropshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation and commencement
1
This Order may be cited as the Humberside Ambulance Service National Health Service Trust (Establishment) Amendment Order 1993 and shall come into force on 1st March 1993.
Amendment of NHS Trust establishment Order
2
In Article 4 of the Humberside Ambulance Service National Health Service Trust (Establishment) Order 1992 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 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:
Citation and commencement
1
These Regulations may be cited as the Highlands and Islands Rural Enterprise Programme (Revocation) Regulations 1993 and shall come into force on 15th October 1993.
Revocation of the Highlands and Islands Rural Enterprise Programme Regulations 1991
2
After regulation 13 (false statements) of the Highlands and Islands Rural Enterprise Programme Regulations 1991 , there shall be added the following regulation:–
Revocation and saving
14
These Regulations shall cease to have effect on 1st November 1993 except in relation to applications for financial assistance received by the Secretary of State before that date.
.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
21st September 1993


text:
1
1
This Order may be cited as the Combined Probation Areas (Northumbria) 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 Northumbria Probation Area to take effect on that date, this Order shall come into force forthwith.
3
For the purpose mentioned in paragraph (2) above, the Petty Sessional Divisions (South East Northumberland) Order 1992 , which except for limited purposes comes into force on 1st April 1993, is to be treated as having come into force when this Order is made.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Northumbria Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Blyth Valley, Morpeth Ward and Wansbeck; and
b
inserting in alphabetical order in column 1 “South East Northumberland” and corresponding to this in column 3 “2”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
14th March 1993


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Amendment) Regulations 1993 and shall come into force on 1st December 1993.
Revocations
2
The Plant Breeders' Rights (Amendment) Regulations 1990 , the Plant Breeders' Rights (Amendment) (No.2) Regulations 1990 and the Plant Breeders' Rights (Amendment) Regulations 1992 are hereby revoked.
Amendment of principal Regulations
3
For Schedule 3 to the Plant Breeders' Rights Regulations 1978 (reproductive and other plant material to be delivered to the Controller) there shall be substituted the provisions of the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
8th November 1993
John Redwood
Secretary of State for Wales
4th November 1993
Patrick Mayhew
Secretary of State for Northern Ireland
10th November 1993
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
5th November 1993


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1993 and shall come into force on 25th May 1993.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
26th April 1993


text:
Citation, commencement and revocations
1
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 and shall come into force on 2nd February 1993.
2
The Motor Vehicles (Wearing of Seat Belts by Children) Regulations 1982 are hereby revoked.
General interpretation
2
1
In these Regulations —
“ the Act ” means the Road Traffic Act 1988;
“ Construction and Use Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“front seat”, in relation to a vehicle, means a seat which is wholly or partially in the front of the vehicle and “rear seat”, in relation to a vehicle, means any seat which is not a front seat (see also regulation 4);
“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984 ;
“medical certificate” has the meaning given in Schedule 1 to these Regulations;
“restraint system” means a system combining a seat fixed to the structure of the vehicle by appropriate means and a seat belt for which at least one anchorage point is located on the seat structure;
“seat belt”, except in this Regulation, includes a child restraint and references to wearing a seat belt shall be construed accordingly;
“disabled person’s belt”, “lap belt”, “seat”, and “three point belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations.
2
Without prejudice to section 17 of the Interpretation Act 1978 , a reference to a provision of the Construction and Use Regulations is a reference to that provision as from time to time amended or as from time to time re-enacted with or without modification.
3
In these regulations —
“child” means a person under the age of 14 years;
“large child” means a child who is not a small child; and
“small child” means a child who is —
aged under 12 years; and
under 150 centimetres in height.
4
In these Regulations, “adult belt” means a seat belt in respect of which one or more of the following requirements is satisfied, namely that —
a
it is a three-point belt which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations;
b
it is a lap belt which has been so marked;
c
it is a seat belt that falls within regulation 47(4)(c)(i) or (ii) of those Regulations;
d
it is a seat belt fitted in a relevant vehicle (“the vehicle in question”) and comprised in a restraint system —
i
of a type which has been approved by an authority of another member State for use by all persons who are either aged 13 years or more or of150 centimetres or more in height, and
ii
in respect of which, by virtue of such approval, the requirements of the law of another member State corresponding to these Regulations would be met were it to be worn by persons who are either aged 13 years or more or of150 centimetres or more in height when travelling in the vehicle in question in that State.
5
In these Regulations, “child restraint” means a seat belt or other device in respect of which the following requirements are satisfied, namely that —
a
it is a seat belt or any other description of restraining device for the use of a child which is —
i
designed either to be fitted directly to a suitable anchorage or to be used in conjunction with an adult belt and held in place by the restraining action of that belt, and
ii
marked in accordance with regulation 47(7) of the Construction and Use Regulations; or
b
it is a seat belt consisting of or comprised in a restraint system fitted in a relevant vehicle (“the vehicle in question”), being a restraint system —
i
of a type which has been approved by an authority of another member State for use by a child, and
ii
in respect of which, by virtue of such approval, the requirements of the law of that State corresponding to these Regulations would be met were it to be worn by a child when travelling in the vehicle in question in that State.
6
Subject to paragraph (7), for the purposes of these Regulations, a seat shall be regarded as provided with an adult belt if an adult belt is fixed in such a position that it can be worn by an occupier of that seat.
7
A seat shall not be regarded as provided with an adult belt if the belt —
a
has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or
b
does not comply with the requirements of regulation 48 of the Construction and Use Regulations.
8
For the purposes of these Regulations, a seat shall be regarded as provided with a child restraint if a child restraint is —
a
fixed in such a position that it can be worn by an occupier of that seat, or
b
elsewhere in or on the vehicle but —
i
could readily be fixed in such a position without the aid of tools, and
ii
is not being worn by a child for whom it is appropriate and who is occupying another seat.
9
For the purposes of these Regulations, a seat belt is appropriate —
a
in relation to a child aged under 3 years, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5;
b
in relation to a child aged 3 years or more, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 5 or is an adult belt; or
c
in relation to a person aged 14 years or more, if it is an adult belt.
10
Unless the context otherwise requires, in these Regulations —
a
any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears.
Interpretation of references to relevant vehicles
3
1
In these Regulations, “relevant vehicle” means —
a
a passenger car,
b
a light goods vehicle, or
c
a small bus.
2
For the purposes of this regulation —
“light goods vehicle” means a goods vehicle which —
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour,
has a maximum laden weight not exceeding 3.5 tonnes;
“passenger car” has the same meaning as in section 15 of the Act;
“small bus” means a motor vehicle which —
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
has more than 8 seats in addition to the driver’s seat,
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour,
has a maximum laden weight not exceeding 3.5 tonnes, and
is not constructed or adapted for the carriage of standing passengers.
Interpretation of references to the front of a vehicle
4
1
This regulation has effect for the purpose of defining in relation to a vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of section 15(1) of the Act and these Regulations.
2
Subject to paragraph (3), every part of the vehicle forward of the transverse vertical plane passing through the rearmost part of the driver’s seat shall be regarded as the front of the vehicle; and accordingly no part of the vehicle to the rear of that plane shall be regarded as being in the front of the vehicle.
3
Where a vehicle has a deck which is above the level of the driver’s head when he is in the normal driving position, no part of the vehicle above that level shall be regarded as being in the front of the vehicle.
Description of seat belts to be worn by children
5
1
For a child of any particular height and weight travelling in a particular vehicle, the description of seat belt prescribed for the purposes of section 15(1) of the Act to be worn by him is —
a
if he is a small child and the vehicle is a relevant vehicle, a child restraint of a description specified in sub-paragraph (a) or (b) of paragraph (2);
b
if he is a small child and the vehicle is not a relevant vehicle, a child restraint of a description specified in sub-paragraph (a) of paragraph (2);
c
if he is a large child, a child restraint of a description specified in sub-paragraph (a) of paragraph (2) or an adult belt.
2
The descriptions of seat belt referred to in paragraph (1) are —
a
a child restraint with the marking required under regulation 47(7) of the Construction and Use Regulations if the marking indicates that it is suitable for his weight and either indicates that it is suitable for his height or contains no indication as respects height;
b
a child restraint which would meet the requirements of the law of another member State corresponding to these Regulations were it to be worn by that child when travelling in that vehicle in that State.
Vehicles to which section 15(1) of the Act does not apply
6
— Two-wheeled motor cycles with or without sidecars are exempt from the prohibition in section 15(1) of the Act.
Exemptions
7
1
The prohibition in section 15(1) of the Act shall not apply in relation to —
a
a small child aged 3 years or more if a seat belt of a description prescribed by regulation 5 for a small child of his height and weight is not available for him in the front or rear of the vehicle and he is wearing an adult belt;
b
a child for whom there is a medical certificate;
c
a child aged under 1 year in a carry cot provided that the carry cot is restrained by straps;
d
a disabled child who is wearing a disabled person’s belt; or
e
a child riding in a motor car first used before 1st January 1965 if —
i
the vehicle has no rear seat, and
ii
apart from the driver’s seat, no seat in the vehicle is provided with a seat belt which is appropriate for that child,
and for the purposes of this paragraph, the date on which a vehicle is first used shall be determined in accordance with regulation 3(3) of the Construction and Use Regulations.
2
The prohibition in section 15(1) of the Act shall not apply in relation to a child riding in a vehicle which —
a
is being used to provide a local service within the meaning of the Transport Act 1985 ; and
b
is neither a motor car nor a passenger car.
3
The prohibition in section 15(1) of the Act shall not apply in relation to a large child if no appropriate seat belt is available for him in the front of the vehicle.
4
For the purposes of this regulation, a reference to a seat belt being available shall be construed in accordance with Schedule 2.
Signed by authority for the Secretary of State.
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
11th January 1993


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Food Premises (Registration) (Welsh Form of Application) Regulations 1993 and shall come into force on 11th June 1993.
2
These Regulations apply only to applications for the registration of premises which are in Wales.
3
In these Regulations “the principal Regulations ” means the Food Premises (Registration) Regulations 1991 .
Applications for registration of food premises
2
The form set out in the Schedule to these Regulations is hereby prescribed as the version in Welsh which may be used for the purpose of an application under regulation 4 of the principal Regulations instead of the form in Schedule 4 to the principal Regulations (form of application for registration of food premises).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 26th day of April 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Virginia Bottomley
Secretary of State for Health
27th April 1993
David Hunt
Secretary of State for Wales
29th April 1993


text:
Citation and commencement
1
1
This Act of Sedurunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1993 and shall come into force on 26th April 1993.
2
This Act of Sedurunt shall be inserted in the Books of Sederunt.
Amendment of Solicitors' fees
2
In Chapters I, II , III , IV and VI of the Table of Fees set out in the Schedule to Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 , for the fees specified in column 2 of the Schedule to this Act of Sederunt as applying to the paragraphs specified in column 1 of that Schedule, there shall be substituted the fees specified in column 3 of that Schedule; and the fees specified in column 3 shall apply to work done, in respect of which these fees are chargeable, on or after the date on which this Act of Sederunt comes into force.
Saving
3
The fees having effect before the substitution under paragraph 2 above, which are specified in column 2 of the Schedule to this Act of Sederunt, shall continue to apply to work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
25th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Amendment) Regulations 1993 and shall come into force on 1st August 1993.
Amendment of 1993 Regulations
2
For regulation 11(6) of the Education (Student Loans) Regulations 1993 there is substituted —
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Contributions and Benefits Act 1992 known as invalidity benefit , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
disability premium and severe disability premium payable pursuant to the Income Support (General) Regulations 1987 ; and
c
disability working allowance payable under sections 123(1)(c) and 129 of the Social Security Contributions and Benefits Act 1992.
.
John Patten
Secretary of State for Education
29th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne and County Healthcare National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 12th August 1993.
2
In this Order —
“the Authority” means East Sussex Health Authority;
“the Trust” means the Eastbourne and County Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by Eastbourne Health Authority and the Trust on 28th February 1993, which schedule has been signed on behalf of both Eastbourne Health Authority and the Trust.
Transfer of trust property
2
On 12th August 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
15th July 1993


text:
general
Citation, commencement and purpose
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1993 and shall come into force on 20th May 1993.
2
In these Regulations–
“the 1982 Act ” means the Insurance Companies Act 1982 ;
“the 1986 Act ” means the Financial Services Act 1986 ;
“the 1992 Regulations ” means the Insurance Companies (Amendment) Regulations 1992 .
3
These Regulations give effect to Council Directive 90/619/ EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC .
amendments of the 1982 act
Grounds for exercising supervisory powers
2
1
In the following provisions of the 1982 Act, namely–
a
subsection (2)(aa) of section 11 (withdrawal of authorisation in respect of new business: grounds);
b
subsection (2)(b)(ia) of section 37 (powers of intervention: grounds: failure to satisfy obligations);
c
subsections (1)(bb) and (2)(bb) of section 54 (winding up on petition of Secretary of State under the Insolvency Act 1986 or corresponding Northern Ireland provisions); and
d
section 83A (Lloyd’s underwriters – insurance Directives),
for the words “general insurance Directives” substitute the words “general or long term insurance Directives”.
Transfers of long term business
3
1
Part II of the 1982 Act (regulation of insurance companies) is amended as follows.
2
After subsection (6) of section 49 (sanction of court for transfer of long term business) insert —
6A
Without prejudice to the generality of subsection (6) above, where the head office of the transferee company is situated in a member State other than the United Kingdom the court shall not make an order sanctioning the scheme unless–
a
the supervisory authorities of that member State certify that the transferee company possesses the necessary margin of solvency after taking the proposed transfer into account; or
b
every policy included in the proposed scheme evidences a contract of reinsurance.
6B
Notwithstanding the provisions of subsection (6) above, where the establishment of the transferee company to which the policies are to be transferred is situated in a member State other than the United Kingdom, the court may make an order sanctioning the scheme if it is satisfied that–
a
the transfer relates to commitments situated in the United Kingdom;
b
the transferee company is entitled in accordance with section 81B below to provide insurance in the United Kingdom in respect of those commitments through that establishment; and
c
the supervisory authorities of the member State in which the establishment is situated agree to the transfer.
3
After section 49 (sanction of court for transfer of long term business) insert–
Modifications of section 49 in certain cases.
49A
1
This section applies where–
a
it is proposed to carry out a scheme under which the whole or part of any long term business (other than reinsurance) carried on in the United Kingdom by an insurance company to which this Part of this Act applies (“the transferor company”) is to be transferred to another insurance company (“the transferee company”);
b
all of the policies comprised in the business proposed to be transferred were written in the course of the provision of services in a member State other than the United Kingdom; and
c
the head office of the transferee company is situated in a member State.
2
In any case where this section applies, section 49 above shall have effect as if–
a
in paragraph (a) of subsection (3), for the words “in the London, Edinburgh and Belfast Gazettes and, except where the court has otherwise directed, in two national newspapers” there were substituted the words “in two national newspapers in the United Kingdom, and in such publications or in such manner in the member State of the commitment as the court has directed,”;
b
in paragraph (d) of that subsection, for the words “at offices in the United Kingdom of the companies concerned” there were substituted the words “at offices in the United Kingdom of the transferor company and at such place in the member State of the commitment as the court has directed”: and
c
for the provisions of subsections (6) to (6B) there were substituted the following provisions of this section.
3
Where the establishment of the transferee company to which the policies are to be transferred is situated in the United Kingdom, the court shall not make an order sanctioning the scheme unless it is satisfied that–
a
the transferee company fulfils the conditions in Articles 11, 12, 14 and 16 of the second long term insurance Directive in the member State of the commitment:
b
the supervisory authorities of that member State agree to the transfer; and
c
the transferee company is, or immediately after the making of the order will be, authorised under section 3 or 4 above to carry on long term business of the class or classes to be transferred under the scheme.
4
Where the establishment of the transferee company to which the policies are to be transferred is situated in a member State other than the United Kingdom, the court shall not make an order sanctioning the scheme unless–
a
it is satisfied that the supervisory authorities of the member State where the establishment of the transferee company to which the policies are to be transferred is situated agree to the transfer; and
b
where the member State of the commitment is not the member State in which the establishment is situated, it is also satisfied that–
i
the establishment fulfils the conditions in Articles 11, 12, 14 and 16 of the second long term insurance Directive in the member State of the commitment;
ii
the law of that member State provides for the possibility of such a transfer; and
iii
the supervisory authorities of that member State agree to the transfer.
5
Where the head office of the transferee company is situated in a member State other than the United Kingdom, the court shall not make an order sanctioning the scheme unless the supervisory authorities of that member State certify that the transferee company possesses the necessary margin of solvency after taking the proposed transfer into account.
6
Where the court makes an order sanctioning the scheme, it shall direct that–
a
notice of the making of any order, or the execution of any instrument, giving effect to the transfer shall be published in the member State of the commitment; and
b
the notice shall specify a period during which any policy holder affected may cancel the policy;
and such an instrument or order shall not bind such a policy holder if either such a notice is not so published or the policy holder cancels the policy during the period so specified.
4
In section 52A (issue of certificates by Secretary of State)–
a
in subsection (1), for the words “general policies”, in both places where they occur, there shall be substituted the words “general or long term policies”; and
b
in subsection (2), after the definition of “general policy” there shall be inserted the following definition–
“long term policy” means a policy evidencing a contract the effecting of which constitutes the carrying on of long term business, other than reinsurance.
Provision of insurance from another Member State
4
1
Part IIIA of the 1982 Act (provision of insurance from another member State) is amended as follows.
2
For subsection (1) of section 81A (introductory provisions) substitute–
1
References in this Part to the provision of insurance in a member State are to either or both of the following–
a
the covering of a risk situated there through an establishment in another member State (referred to in this Part as the provision of general insurance); and
b
the covering of a commitment there through an establishment in another member State (referred to in this Part as the provision of long term insurance).
3
In subsection (3) of that section–
a
in paragraph (a), after the word “Directive” insert the words “or Article 6 of the first long term insurance Directive”; and
b
after paragraph (b) replace the full stop at the end of paragraph (b) with a semi-colon and insert
and
c
references to the covering of a commitment are to the covering (otherwise than by way of reinsurance) of a commitment to which this Part applies.
4
For subsection (4) of that section substitute–
4
This Part applies to–
a
risks falling within Schedule 2 to this Act (general business), other than–
class 1, so far as it relates to accidents at work;
class 13, so far as it relates to nuclear civil liability and pharmaceutical product liability;
classes 9 and 13, so far as they relate to the compulsory insurance of building works; and
b
commitments falling within Schedule 1 to this Act other than class VII.
5
In subsection (1) of section 81B (provision of insurance in the United Kingdom: documents to be furnished to the Secretary of State)–
a
in paragraph (a), for the words “Articles 16 and 17 of the first general insurance Directive” substitute the words “the relevant provisions” and for the words “that Directive” substitute the words “the relevant Directive”;
b
in paragraph (b), after sub-paragraph (ii) insert
and
iii
where the company intends to provide long term insurance in the United Kingdom, confirms that all the commitments which the company intends to cover fall within the classes of insurance business which the company has been authorised to undertake through that establishment,
; and
c
in paragraph (c), after the word “risks” insert the words “or commitments”.
6
After subsection (1A) of that section insert–
1B
In subsection (1) above “the relevant Directive” and “the relevant provisions” mean respectively–
a
if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;
b
if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.
7
In subsection (2) of that section, after the word “risks”, in each place where it occurs, insert the words “or commitments”.
8
In subsections (1) and (2)(a) of section 81C (information to be given to the policy holder), after the word “risk” insert the words “or commitment”.
9
In subsection (1) of section 81F (withdrawal of authorisation), for the words “Article 22 of the first general insurance Directive” substitute–
a
Article 22 of the first general insurance Directive; or
b
Article 26 of the first long term insurance Directive,
.
10
In subsections (2) and (4) of section 81G (provision of insurance in another member State: notification to Secretary of State), after the word “risks”, in each place where it occurs, insert the words “or commitments”.
11
In subsection (1) of section 81H (issue of certificates by Secretary of State)–
a
in paragraph (a), for the words “Articles 16 and 17 of the first general insurance Directive” substitute the words “the relevant provisions”; and
b
in paragraph (b), for the words “that Directive” substitute the words “therelevant Directive”.
12
After that subsection insert–
1A
In subsection (1) above “the relevant Directive” and “the relevant provisions” mean respectively–
a
if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;
b
if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.
Law applicable to certain contracts of insurance
5
1
Part V of the 1982 Act (supplementary provisions) is amended as follows.
2
In subsection (1) of section 94B (law applicable to certain contracts of insurance), after the words “the provisions of” insert the words “Part I of”.
3
For subsection (2) of that section substitute–
1A
The law applicable to a contract of insurance to which Article 1 of the first long term insurance Directive applies shall be determined in accordance with the provisions of Part II of Schedule 3A to this Act if–
a
where the policy holder is an individual, he is habitually resident in a member State; or
b
where the policy holder is not an individual, the establishment of the policy holder to which the contract relates is situated in a member State.
2
Subsections (1) and (1A) above do not apply in relation to a contract of reinsurance.
4
The provisions of Schedule 3A to the 1982 Act (law applicable to certain contracts of insurance) shall become Part I of that Schedule under the heading “GENERAL BUSINESS”; and in that Part–
a
in paragraphs 3(2), 4(2) and 5(1), for the words “this Schedule” substitute the words “this Part of this Schedule”;
b
in paragraph 5(1), for the words from “shall apply” to the end substitute the words “shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990;” and
c
in paragraph 5(2), for the words “those rules” substitute the words “those provisions”.
5
After that Part of that Schedule insert–
PART II
LONG TERM BUSINESS
General rules as to applicable law
6
The law applicable to the contract is the law of the member State of the commitment. However, where the law of that member State so allows, the parties may choose the law of another country.
7
Where the policy holder is an individual and has his habitual residence in a member State other than that of which he is a national, the parties may choose the law of the member State of which he is a national.
Mandatory rules
8
Nothing in this Part of this Schedule restricts the application of the rules of a part of the United Kingdom in a situation where they are mandatory, irrespective of the law otherwise applicable to the contract.
Supplementary provisions
9
1
Where a member State includes several territorial units, each of which has its own rules of law concerning contractual obligations, each unit shall be considered as a country for the purposes of identifying the applicable law.
2
The provisions of this Part of this Schedule apply to conflicts between the laws of the different parts of the United Kingdom.
10
1
Subject to the preceding provisions of this Part of this Schedule, a court in a part of the United Kingdom shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990.
2
In particular, reference shall be made to those provisions to ascertain for the purposes of paragraph 6 what freedom of choice the parties have under the law of a part of the United Kingdom.
Interpretation
6
1
Part V of the 1982 Act (supplementary provisions) shall be amended as follows.
2
In subsection (1) of section 96 (general interpretation)–
a
after the definition of “claims representative” insert–
“commitment” means a commitment represented by insurance business ofany of the classes specified in Schedule 1 to this Act;
b
after the definition of “margin of solvency” insert–
“member State of the commitment”, in relation to a commitment entered into at any date, means–
where the policy holder is an individual, the member State in which he had his habitual residence at that date; or
where the policy holder is not an individual, the member State in which the establishment of the policy holder to which the commitment relates wassituated at that date;
.
3
In the side-note to section 96A (interpretation of expressions derived from general insurance Directives), omit the word “general”.
4
For subsection (1B) of that section substitute–
1B
In this Act–
a
“the first long term insurance Directive” means Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance;
b
“the second long term insurance Directive” means Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC ;
and “the long term insurance Directives” means those Directives.
5
In subsection (2) of that section, after the word “general” insert the words “or long term”.
amendments of the 1986 act
Notice of commencement of business
7
After paragraph 2(3) of Schedule 10 to the 1986 Act (regulated insurance companies) insert–
3A
An insurance company–
a
to which section 31 of this Act applies; and
b
which has complied with the requirements of section 81B of the Insurance Companies Act 1982 (documents to be furnished to the Secretary of State) in relation to the provision of long term insurance in the United Kingdom,
shall be deemed to have complied with section 32 of this Act in relation to any investment business consisting in the covering of commitments for the time being mentioned in the statement given by it in accordance with subsection (1)(c) of the said section 81B.
3B
In sub-paragraph (3A) above “commitment” and “provision of long term insurance” have respectively the same meanings as in the Insurance Companies Act 1982.
Reciprocal facilities for insurance business
8
1
No notice shall be served under section 183 of the 1986 Act (reciprocal facilities for financial business) on an insurance company incorporated in or formed under the law of any part of the United Kingdom which–
a
appears to the Secretary of State or the Treasury to be a subsidiary undertaking of a person connected with a country outside the United Kingdom; and
b
is carrying on, or appears to the Secretary of State or the Treasury to intend to carry on, insurance business other than reinsurance business in, or in relation to, the United Kingdom,
if the sole ground for giving that notice is the ground specified in paragraph (2) below.
2
The ground referred to in paragraph (1) above is that it appears to the Secretary of State or the Treasury that by reason of–
a
the law of the country concerned; or
b
any action taken by or the practices of the government or any other authority or body in that country,
insurance companies connected with the United Kingdom are unable to carry on insurance business other than reinsurance business in, or in relation to, that country on terms as favourable as those on which insurance companies connected with that country are able to carry on such business in, or in relation to, the United Kingdom.
3
For the purposes of this regulation–
“insurance company” has the same meaning as in Part V of the 1982 Act;
“subsidiary undertaking” has the same meaning as in Part VII of the Companies Act 1985 or Part VIII of the Companies (Northern Ireland) Order 1986 .
miscellaneous and supplemental
Amendment to Contracts (Applicable Law) Act 1990
9
After subsection (1) of section 2 of the Contracts (Applicable Law) Act 1990 (conventions to have the force of law) insert–
1A
The provisions of Schedule 3A to the Insurance Companies Act 1982 (law applicable to certain contracts of insurance) are the internal law for the purposes of Article 1(3) of the Rome Convention.
Amendments to the 1992 Regulations: provision of statements
10
1
Regulation 13 of the 1992 Regulations (provision of statements and accounts) is amended as follows.
2
In paragraph (1)–
a
for the words “provides insurance” substitute the words “provides general insurance”; and
b
for the words “insurance so provided” substitute the words “general insurance so provided”.
3
After paragraph (2) insert–
2A
Every insurance company–
a
to which Part II of the 1982 Act applies; and
b
which in a financial year provides long term insurance in another member State (within the meaning of Part IIIA of that Act) through an establishment in the United Kingdom,
shall prepare in respect of long term insurance so provided by it a statement in Form 85 (analysis of gross premiums receivable by each of classes I to VI ) in accordance with the requirements of Schedule 2.
4
In paragraph (3), for the words “and (2)” substitute the words “, (2) and (2A)”.
5
In paragraph (4), for the words “provides insurance” substitute the words “provides general insurance”.
6
In paragraph (6), for the word “statement” substitute the word “statements”.
7
After the Schedule to the 1992 Regulations, which shall be numbered as Schedule 1, insert as Schedule 2 the provisions set out in the Schedule to these Regulations.
Consequential and transitional provisions
11
In respect of any financial year the whole or part of which falls before the commencement of these Regulations, the statement required by regulation 13(2A) of the 1992 Regulations may be prepared solely in respect of insurance provided after that commencement.
N. Hamilton
Parliamentary Under-Secretary of State,Department of Trade and Industry
1st February 1993


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (London Borough of Wandsworth) (Amendment) Order 1993 and shall come into force on 4th October 1993.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“centre line”, in relation to a road, means the imaginary line along the centre of the carriageway;
“carriageway” has the same meaning as in the Highways Act 1980 ;
a reference in a Schedule to a number followed by the letter “m” is a reference to that number of metres; and
a reference to a Schedule followed by a number is a reference to the Schedule to this Order bearing that number.
Amendment of Wandsworth Order
3
The Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 is amended in accordance with Schedule 1.
Designation of special parking areas
4
1
The Secretary of State hereby designates each of the following areas as a special parking area: —
a
the London borough of Bromley except the roads named or described in Schedule 2;
b
the London borough of Hammersmith and Fulham except the roads named or described in Schedule 3; and
c
the London borough of Lewisham except the roads named or described in Schedule 4.
2
A reference in the following provisions of this Order to a special parking area is a reference to an area designated by this article.
Modification of the Road Traffic Regulation Act 1984
5
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London boroughs of Bromley, Hammersmith and Fulham and Lewisham as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within a special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to a special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “a special parking area” are to an area designated as a special parking area by the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (London Borough of Wandsworth) (Amendment) Order 1993.
.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in a special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
.
Modification of the Road Traffic Act 1991
6
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in a special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in a special parking area as if, for subsection (4) there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London boroughs of Bromley, Hammersmith and Fulham and Lewisham as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in a special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in a special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th September 1993


text:
1
These Regulations may be cited as the Savings Certificates (Amendment) Regulations 1993 and shall come into force on 5th January 1994.
2
The Savings Certificates Regulations 1991 shall be amended in regulation 17(1) by substituting for the figure “£25,000” the figure “£50,000”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Haiti) Order 1993 and shall come into force on 26th June 1993.
2
In this Order, unless the context otherwise requires expressions used shall have the meaning they bear in the Export of Goods (Control) Order 1992 .
Exportation of goods to Haiti
2
1
Subject to Article 3 of this Order the following goods are prohibited to be exported from the United Kingdom to any destination in Haiti: police equipment, spare parts for such equipment, and the goods referred to in Schedule 1 hereto.
2
Any licence granted by the Secretary of State under any other Order relating to the control of exports made by virtue of the powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939, and any licence granted under any other enactment prohibiting or restricting the exportation of goods shall be subject to paragraph (1) of this Article.
Exceptions
3
Nothing in Article 2 of this Order shall prohibit the exportation of any goods under the authority of a licence granted by the Secretary of State under this Order, provided that all conditions attaching to the said licence are complied with.
Enforcement
4
Articles 4, 5 and 6 of the Export of Goods (Control) Order 1992 (Customs powers for demanding evidence of destination, offences in connection with applications for licences and conditions attaching to licences, and declarations as to goods and powers of search) shall apply for the enforcement of the provisions of this Order as they apply for the enforcement of the said Order of 1992.
Licences
5
Any licence granted by the Secretary of State in pursuance of Article 3 of this Order may be limited so as to expire on a specified date unless renewed, may be varied or revoked by the Secretary of State at any time, and may be subject to or without condition, and any such condition may require any act or omission before or after the exportation of goods under the licence.
M.V. Coolican
An Assistant Secretary
Department of Trade and Industry
25th June 1993


text:
Citation and commencement
1
These Regulations, which may be cited as the Child Benefit and Social Security (Miscellaneous Amendments) Regulations 1993, shall come into force on 12th April 1993.
Amendment of regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations
2
1
Regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2)–
a
for the words “paragraph (2A)” there shall be substituted the words “paragraphs (2A) and (4)”;
b
the words “, subject to the conditions mentioned in paragraph (4) of this regulation,” shall be omitted.
3
For sub-paragraph (a) of paragraph (4) there shall be substituted the following sub-paragraph–
a
an allowance or an increase of a benefit, pension or allowance which for the purpose of paragraph (5) of this regulation is a “specified benefit”, is paid to a person in respect of any week for or in respect of the only, elder or eldest child in respect of whom that person is entitled to child benefit for that week, then paragraph (2) of this regulation shall not apply; and
.
4
In paragraph (5)(a)(i) the words “, guardian’s allowance under section 38” shall be omitted.
Amendment of regulation 8 of the Social Security (Overlapping Benefits) Regulations
3
1
Regulation 8 of the Social Security (Overlapping Benefits) Regulations 1979 (child benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) at the beginning there shall be inserted the words “Subject to paragraph (7) of this regulation,”.
3
After paragraph (6) there shall be added the following paragraph–
7
No adjustment of benefit under paragraph (2) of this regulation shall be made in respect of guardian’s allowance payable to any person under section 77 of the Contributions and Benefits Act.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
29th March 1993
We consent,
T. J. Wood
Greg Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1993