text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1993 and shall come into force on 1st October 1993.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
1
Regulation 3 shall be amended as follows.
2
In paragraph (1) —
a
the definition of “area engineer” shall be omitted;
b
for the definition of “the prescribed construction and use requirements” there shall be substituted the following definition —
“the prescribed construction and use requirements”, in relation to a vehicle, means those of the requirements specified in Part I of Schedule 3 which apply to the vehicle and the requirements of Part II of that Schedule;
.
3
After paragraph (4), there shall be inserted the following paragraph —
4A
Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or as from time to time re-enacted with or without modification.
Amendments to regulation 8 (conditions of acceptance of vehicle)
4
1
Regulation 8 shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a), the word “goods” shall be omitted; and
b
sub-paragraph (b) shall be omitted.
3
In regulation 8(2), the word “or”immediately following sub-paragraph (n) shall be omitted, and after sub-paragraph (o) there shall be added the following words —
or
p
the vehicle or any motor vehicle by which it is accompanied emits substantial quantities of avoidable smoke.
.
Substitution of regulation 15 (application for re-tests)
5
For regulation 15 there shall be substituted the following regulation —
15
1
Where, under regulation 23(1) or 26, a notification of the refusal of a goods vehicle test certificate in respect of a vehicle is issued the vehicle may be submitted, if need be on more than one occasion, at a vehicle testing station for a re-test.
2
Where an applicant desires to submit a vehicle for a re-test he shall make arrangements with the Secretary of State as to the vehicle testing station at which the vehicle is to be submitted for a re-test and as to the date and time at which the vehicle is to be submitted to that vehicle testing station.
.
Substitution of regulation 16 (fees for re-tests)
6
For regulation 16 there shall be substituted the following regulation —
16
1
Subject to paragraphs (4) and (6), where the applicant for a re-test requests that a re-test under regulation 15 be carried out within 14 days after the vehicle was submitted for its first examination or periodic test (as the case may be) the fee for the re-test shall be £17.60 in the case of a motor vehicle and £9.70 in the case of a trailer.
2
Subject to paragraphs (3) and (5), in a case where paragraph (1) does not apply, the fee for a re-test under regulation 15 shall be £34.70 in the case of a motor vehicle or £17.90 in the case of a trailer.
3
Paragraph (2) does not apply to a further re-test in a case where —
a
a previous re-test has been carried out on the vehicle in circumstances in which a fee was payable under that paragraph, and
b
the applicant for the further re-test requests that the further re-test be carried out within 14 days after the vehicle was submitted for the previous re-test;
and, subject to paragraphs (4) and (6), in such a case the fee for the further re-test shall be £17.60 in case of a motor vehicle and £9.70 in case of a trailer.
4
Where the date arranged for a re-test is, at the applicant’s request, a Saturday the fee payable under paragraph (1) or (3) in respect of the re-test shall be increased by £9.80 in the case of a motor vehicle and £6.10 in the case of a trailer.
5
Where the date arranged for a re-test is, at the applicant’s request, a Saturday the fee payable under paragraph (2) in respect of the re-test shall be increased by £19.50 in the case of a motor vehicle and £12.30 in the case of a trailer.
6
Any fee which would otherwise be payable by virtue of paragraph (1), (3) or (4) shall not be payable if —
a
the vehicle is submitted for a re-test on the same day as the day on which the first examination or periodical test (as the case may be), was carried out, on the first day thereafter on which the relevant vehicle testing station is open.
b
the fee for the first examination, periodical test or last preceding re-test, as the case may be, has been paid; and
c
the re-test is due only to one or more defects in the vehicle as a result of which any of the following prescribed construction and use requirements are not complied with, namely those contained in —
i
the following items in paragraphs 1 and 2 in Part I of Schedule 3, namely items 4, 5, 7, 8, 9, 11, 12, 14 (in so far as it relates to the emission of an oily substance) and 16;
ii
items 17, 18 and 19 in paragraph 2 in Part I of Schedule 3 (except in so far as those items relate to rear markings);
iii
paragraph 3 in Part I of Schedule 3;
and the requirements of Part II of Schedule 3 so far as those requirements relate to the condition of the spare wheel carrier, fuel tanks and system, bumpers and the cab.
7
The fees payable under this regulation shall be paid on submission of the vehicle for the re-test.
8
In paragraph (6), “the relevant vehicle testing station”, in relation to a re-test, means the testing station at which the re-test is to be carried out pursuant to arrangements made under regulation 15.
.
Amendments to regulation 25 (appeals relating to a first examination)
7
1
Regulation 25 shall be amended as follows.
2
In paragraph (1) the words from “to the area engineer” to “regulation may appeal”, shall be omitted.
3
In paragraph (2), the words from the beginning to “the determination, and” shall be omitted.
4
In paragraph (4), The words from the beginning to “£15 and” shall be omitted.
5
In paragraphs (5), (6) and (7) the words “the area engineer or, as the case may be,” wherever they appear shall be omitted.
6
In paragraph (8) —
a
in the words preceding sub-paragraph (a), the words “the area engineer or” shall be omitted;
b
in sub-paragraph (a)(i), the words “, or on a re-examination by an area engineer, and” shall be omitted; and
c
in sub-paragraph (a)(ii), the words “or on a re-examination by an area engineer,” shall be omitted.
7
In paragraph (9), the words “The area engineer or, as the case may be,” shall be omitted.
8
In paragraph (10) —
a
the words “the area engineer or, as the case may be,” shall be omitted;
b
in sub-paragraph (b) the words “, or by an area engineer in connection with a notice of refusal of a goods vehicle test certificate,” shall be omitted.
9
In paragraph (11) —
a
the words “the area engineer or, as the case may be,” shall be omitted; and
b
in sub-paragraph (a), the words “the area engineer or by” shall be omitted.
Amendments to regulation 27 (re-test procedure)
8
1
Regulation 27 shall be amended as follows.
2
In paragraph (1), for the words “under regulation 15(2) or (3)” there shall be substituted the words “in circumstances where the fee for the retest is payable under paragraph (1) or (3) of regulation 16 or would have been so payable but for paragraph (6) of that regulation”.
3
In paragraph (4), for the words “under regulation 15(4)” there shall be substituted the words “in circumstances where a fee for the retest is payable under regulation 16(2)”.
Amendments to regulation 29 (appeals relating to periodic examinations and examinations)
9
In regulation 29(1), the words from “the area engineer for the traffic area” to “regulation may appeal to” shall be omitted.
Amendments to regulation 37 (appeals relating to examinations following a notifiable alteration)
10
1
Regulation 37 shall be amended as follows.
2
In paragraph (1), the words “to the area engineer for the traffic area” to “regulation may appeal to” shall be omitted.
3
In paragraph (3), the words “the area engineer or, as the case may be,” shall be omitted.
4
In paragraph (4) —
a
in sub-paragraph (a), words from “by the area engineer” to “as the case may be,” shall be omitted;
b
in sub-paragraph (b)(i), the words from “the area engineer” to “as the case may be, by” shall be omitted.
Amendments to regulation 41 (replacements of plates and certificates)
11
In regulation 41(1), for the words “Goods Vehicle Centre” there shall be substituted the words “Secretary of State”.
Substitution of new Schedule 3
12
For Schedule 3 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Robert Key
Parliamentary Under Secretary of State
Department of Transport
16th August 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 1993 and shall come into force on 9th August 1993.
2
A safety zone is hereby established around each of the installations specified in column 1 of the Schedule hereto (being installations stationed in waters to which sub-section (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
30th June 1993


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 1) Order 1993 and shall come into force on 22nd April 1993.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 55° 14'.85 North, Longitude 06° 30'.05 West.
2
The area within a distance of 300 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Peter Brooke
Secretary of State for National Heritage
31st March 1993


text:
Citation and Commencement
1
These Regulations may be cited as the Highways (Traffic Calming) Regulations 1993 and shall come into force on 27th August 1993.
Interpretation
2
In these Regulations —
“build-out” means a work for narrowing a carriageway constructed on one side of that carriageway as an extension of or adjacent to the verge, footway or cycle track;
“chicane” means a series of two or more build-outs constructed on alternate sides of the carriageway and not opposite one another;
“gateway” means an object or structure constructed on the verge, footway or cycle track of a highway for the purpose of indicating the presence in a length of highway of traffic calming works of a description prescribed by these Regulations or specially authorised by the Secretary of State or of road humps;
“island” means a work without facilities for pedestrians constructed in a carriageway to reduce carriageway width or to defic;
“overrun area” means an area of a carriageway so constructed of textured or coloured material as to appear to narrow that carriageway;
“pinch-point” means build-outs constructed on both sides of a carriageway opposite one another;
“rumble device” means a part of the carriageway constructed of materials intended to generate noise or vibration in a vehicle passing over it; and
“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984 .
Works which are traffic calming works
3
For the purpose of section 90G(1)(a) of the Highways Act 1980 build-outs, chicanes, gateways, islands, overrun areas, pinch-points, or rumble devices or any combination of such works shall be traffic calming works.
Consultation about traffic calming proposals
4
Where a highway authority proposes to construct a traffic calming work in a highway they shall —
a
consult the chief officer of police for the area in which the highway is situated; and
b
consult such persons or organisations representing persons who use the highway or who are otherwise likely to be affected by the traffic calming work as they think fit.
Restriction on the construction of overrun areas
5
Where an overrun area is constructed or maintained in a highway —
a
no vertical face of any material forming that area shall exceed 6 millimetres measured vertically from to bottom of that face;
b
the slope of that area shall not exceed 15 degrees measured between an imaginary line extending the general line of the slope of that area to the surface of the carriageway and the surface of the carriageway where it is intersected by the imaginary line;
c
that area shall not be so constructed or maintained that an imaginary vertical line measured from the base of any upstanding face intersects an imaginary line extending the general line of the slope of the area more than 15 millimetres above the base of that upstanding face
Restriction on the construction of rumble devices
6
Where a rumble device is constructed or maintained in a highway —
a
no vertical face of any material forming that device shall exceed 6 millimetres measured vertically from top to bottom of that face;
b
no part of the device shall be more than 15 millimetres above the surface of the carriageway
Features which may be included in traffic calming works
7
1
A traffic calming work may include for a purpose referred to in subparagraph (2) below provision on it or any part of it or on the adjacent highway of —
a
lighting,
b
paving, grass or other covering,
c
pillars, bollards, planters, walls, rails or fences,
d
objects or structures spanning the highway, or
e
trees, shrubs or other plants.
2
The purposes referred to in subparagraph (1) above are —
a
making the traffic calming work conspicuous,
b
enhancing the effect of the traffic calming work,
c
promoting the safety of persons using the highway, or
d
preserving or improving the environment through which the highway passes.
Placing of Traffic Signs
8
1
Where a build-out, chicane, island, pinch-point, rumble device or any combination of such works is constructed or maintained in a highway, the highway authority for that highway shall place and maintain traffic signs in such positions as the authority may consider requisite for the purpose of providing adequate warning of the presence of such traffic calming works, unless those traffic calming works are so constructed as themselves to provide adequate visual warning for persons using that highway.
2
No traffic sign shall be required to warn of the presence of a traffic calming work on a highway on which the limit of speed to be observed is 20 miles per hour or less.
Prohibition of certain works
9
No traffic calming work shall be constructed or maintained in a carriageway so as to prevent the passage of any vehicle unless the passage of that vehicle is otherwise lawfully prohibited.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State
Department of Transport
19th July 1993
John Redwood
Secretary of State for Wales
21st July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Guild Community Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on1st 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 Guild Community 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 Guild Community 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 Whittingham Hospital, Preston PR3 2JH and associated hospitals;
b
to manage community health services provided from Whittingham Hospital, Preston PR3 2JH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Preston 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 Preston 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 Preston 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:
1
This Order may be cited as the Gipsy Encampments (Metropolitan District of Salford) Order 1993 and shall come into force on 31st December 1993.
2
The area of the Metropolitan District of Salford is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
3rd December 1993


text:
Title, commencement and extent
1
1
This Order may be cited as the Nitrate Sensitive Areas (Designation) (Amendment) Order 1993 and shall come into force on 11th January 1994.
2
This Order shall apply to England only.
Amendment of the Nitrate Sensitive Areas (Designation) Order 1990
2
The Nitrate Sensitive Areas (Designation) Order 1990 shall be amended in accordance with article 3 below.
3
In Schedule 4 (Rates of payment) for the section headed “Premium Scheme” there shall be substituted the contents of the Schedule to this Order.
Saving
4
This Order shall not apply in respect of any claim for payment by a farmer in relation to a period ending before 1st August 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th December 1993.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
John Gummer
Secretary of State for the Environment
20th December 1993
We consent,
Timothy Kirkhope
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 1993


text:
1
This Order may be cited as the Gipsy Encampments (District of South Cambridgeshire) Order 1993 and shall come into force on 13th August 1993.
2
The area of the district of South Cambridgeshire is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
16th July 1993


text:
This Order may be cited as the Devon and Cornwall Police (Amalgamation) (Amendment) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th March 1993


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government Finance (Miscellaneous Provisions) (England) Order 1993 and shall come into force on 1st February 1993.
2
This Order extends only to England.
Interpretation
2
In this Order–
“ the Act ” means the Local Government Finance Act 1992;
“boundary order” means an order made under Part IV of the Local Government Act 1972
“new parish” means a parish created as mentioned in article 3(1);
“prospective billing authority”–
in relation to a new parish, means the billing authority within whose area the parish will be situated; and
in relation to a transferred parish, means the billing authority to whose area the parish will be transferred;
“relevant year” means the financial year in which the new parish is created or the transfer of the transferred parish takes effect, as the case maybe; and
“transferred parish” means such a parish as is mentioned in article 4(1).
Council tax: creation of new parish
3
1
This article applies where a boundary order provides for the creation of a parish on the first day of the financial year beginning on 1st April 1993 or any later financial year.
2
In a case to which this article applies, section 41 of the Act (issue of precepts by local precepting authorities) shall have effect–
a
in relation to the new parish, the prospective billing authority and the relevant year; and
b
as respects the period beginning on the day after that on which the relevant boundary order is made and ending immediately before the day on which there is issued by the parish council or chairman of the parish meeting of the new parish a precept for the relevant year,
with the substitution for subsection (3) of the following subsection–
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified, in relation to a parish which is a new parish for the purposes of the Local Government Finance (Miscellaneous Provisions) (England) Order 1993, in the order which creates that parish.
3
In a case to which this article applies and in relation to the new parish, the prospective billing authority and the relevant year,–
a
section 32 of the Act (calculation of budget requirement by billing authorities) shall have effect as respects the period mentioned in paragraph (2)(b) above with the omission of subsection (6);
b
section 41(4) of the Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued” the words “October in the financial year for which it is issued”; and
c
the reference in section 54(4) of the Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the Act shall be construed as a reference to the amount specified in relation to the parish in question in the relevant boundary order.
4
In relation to an amount taken into account for the purposes of section 32(2)(a) of the Act by virtue of paragraph (2) above, Chapter III of Part I of the Act shall have effect as if–
a
the amount were an item mentioned in section 35(1) of the Act which related to the area of the relevant parish; and
b
the area of the prospective billing authority included the area of the relevant parish.
5
In case to which this article applies, the parish council or chairman of the parish meeting of the new parish shall make the calculations required by section 50 of the Act (calculation of budget requirement by local precepting authorities) for the relevant year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the parish in the relevant boundary order.
Precepts: transfer of parish
4
1
This article applies where a boundary order provides for the transfer of a parish from the area of one billing authority to the area of another billing authority on the first day of the financial year beginning on 1st April 1993 or any later financial year.
2
In a case to which this article applies, in relation to the issue by the parish council or chairman of the parish meeting of a transferred parish of a precept for the relevant year, Chapters III and IV of Part I of the Act shall have effect as if–
a
the area of the prospective billing authority included the area of the relevant transferred parish; and
b
the appropriate billing authority for the area for the relevant year were the prospective billing authority.
Michael Howard
Secretary of State for the Environment
11th January 1993


text:
Title and commencement
1
This Order may be cited as the Sea Fish Licensing (Variation) Order 1993 and shall come into force on 1st May 1993.
Variation of the Sea Fish Licensing Order 1992
2
The Sea Fish Licensing Order 1992 shall be varied in accordance with articles 3 to 5 below.
3
In article 2 thereof (interpretation) the definition of “length” shall be omitted.
4
In article 3(2) thereof (exceptions to prohibition of fishing without a licence) —
a
sub-paragraphs (b) and (c) shall be omitted; and
b
in sub-paragraph (d) the words “with rod and line or by handline” shall be omitted.
5
In the Schedule thereto (Statistical divisions of the International Council for the Exploration of the Sea) the words from “ICES Statistical Division VIIg (South-east of Ireland)” to the end shall be omitted.
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
27th January 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
25th January 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
27th January 1993
Patrick Mayhew
Secretary of State for Northern Ireland
21st January 1993


text:
1
These Regulations may be cited as the Further Education (Attribution of Surpluses and Deficits) (The Ridge College) Regulations 1993 and shall come into force on 1st September 1993.
2
In these Regulations —
a
“the College” means the institution known as The Ridge College, Stockport;
b
“the principal Regulations”means the Further Education (Attribution of Surpluses and Deficits) Regulations 1993 ; and
c
a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
3
In the case of the College, section 37 and the principal Regulations shall apply with the modifications referred to in regulation 4.
4
1
The amounts that are to be taken for the purposes of section 37 to be the net budget share and the net expenditure of the College for the financial year beginning on 1st April 1993 and ending on 31st March 1994 shall be the net budget share and the net expenditure for the period beginning on 1st April 1993 and ending on 31st August 1993.
2
In the principal Regulations (except regulation 1) wherever “1st April 1993” appears there shall be substituted for that date “1st September 1993”.
T. E. Boswell
Parliamentary Under-Secretary of State
Department for Education
3rd August 1993


text:
Citation and commencement
1
These Regulations may be cited as the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) (Amendment) Regulations 1993 and shall come into force on 7th May 1993.
Amendments to the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) Regulations 1992
2
In paragraph (2) of regulation 3 of the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) Regulations 1992 —
a
in sub-paragraph (a)(i) of that paragraph —
i
for sub-paragraph (bb) there shall be substituted —
bb
Training for Work,
;
ii
sub-paragraph (cc) shall be omitted;
b
in sub-paragraph (b) of that paragraph —
i
sub-paragraph (aa) of paragraph (i) and the word “or” immediately following it shall be omitted;
ii
for sub-paragraph (bb) of paragraph (ii) and the word “or” immediately following it there shall be substituted —
bb
Training for Work, or
.
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th April 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dundee Teaching Hospitals National Health Service Trust (Appointment of Trustees) Order 1993, and shall come into force on 30th April 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the Dundee Teaching Hospitals National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the Trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the Trust under section 12G of the Act.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993


text:
Title and commencement
1
This Order may be cited as the Poultry Breeding Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1993 and shall come into force on 30th August 1993.
Fees
2
There shall be paid to the Minister in respect of each transaction described in column 1 of the Schedule to this Order the fee specified opposite in column 2:
a
in the case of the transactions in paragraph 3, by the applicant when applying for authorisation, and
b
in any other case, by the person in whose name the holding or premises are registered under the appropriate Order, such fee being payable within 14 days of demand being made by the Minister.
Revocation
3
The Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
4th August 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd August 1993
John Redwood
Secretary of State for Wales
29th August 1993
We approve
Tim Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1993


text:
Citation and commencement
1
1
This Order may be cited as the Essex and Greater London (County and London Borough Boundaries) (No.2) 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 —
“Barking” means the London borough of Barking and Dagenham, and “Havering” means the London borough of Havering;
“district” includes a borough and London borough;
“electoral division” means an electoral division of the county of Essex;
“Essex” means the county of Essex, and any reference to Brentwood, to Epping Forest, or to Thurrock is a reference to that district of that name in that county;
“the map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Essex and Greater London (County and London Borough Boundaries) ( No. 2) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred.
Transfers between Essex (Brentwood) and Greater London (Havering)
3
1
Each area which is marked as shown in column 1 of the following Table on map 5 shall be transferred from Essex, from Brentwood, and from the ward mentioned in column 2 to —
a
Greater London;
b
Havering;
c
the ward mentioned in column 3; and to
d
the Havering petty sessional area and the Eastern London coroner’s district; and to
e
the Metropolitan Police District.
TABLE
(1) (2) (3) Area marked — Transferred from Essex, from Brentwood, and from the following ward To Greater London, to Havering, and to the following ward
B, D, G, J, L and N South Weald Gooshays S Warley Harold Wood
2
Each area which is marked as shown in column 1 of the following Table on map 5 shall be transferred from Greater London, from Havering, and from the ward named in column 2 to —
a
Essex;
b
Brentwood;
c
the ward and electoral division mentioned in column 3; and to
d
the Brentwood petty sessional division and the Essex No.1 coroner’s district
and shall cease to form part of the Metropolitan Police District.
TABLE
(1) (2) (3) Area marked — Transferred from Greater London, from Havering, and from the following ward — To Essex, to Brentwood, and to —
A, C, E, F, H, K & M Gooshays
South Weald ward
Brentwood Central electoral division
R and T Harold Wood
Warley ward
Brentwood South electoral division
U Cranham East
Warley ward
Brentwood South electoral division
3
All areas transferred by this article shall remain unparished.
Transfers between Essex (Epping Forest) and Greater London (Havering)
4
1
The areas which are marked A and C on map 2 shall be transferred from Essex, from Epping Forest, and from the parish of Stapleford Abbotts to —
a
Greater London;
b
Havering;
c
the Chase Cross ward;
d
the Havering petty sessional area and the Eastern London coroner’s district; and to
e
the Metropolitan Police District.
They shall become unparished.
2
The areas which are marked B and D on map 2 shall be transferred from Greater London, from Havering, and from the Chase Cross ward to —
a
Essex;
b
Epping Forest;
c
the parish of Stapleford Abbotts;
d
the Passingford ward and the Ongar electoral division; and to
e
the Epping and Ongar petty sessional division and the Essex No. 1 coroner’s district
and shall cease to form part of the Metropolitan Police District.
Transfers between Essex (Thurrock) and Greater London (Havering)
5
1
The areas which are marked A, C and G on map 4 shall be transferred from Essex, from Thurrock, and from the Aveley ward to —
a
Greater London;
b
Havering;
c
the Rainham ward;
d
the Havering petty sessional area and the Eastern London coroner’s district; and to
e
the Metropolitan Police District.
2
The following areas of Havering
i
the parts of the Rainham ward marked B, D, E, F, and H on map 4; and
ii
the part of the Upminster ward marked A on map 3
shall be transferred from Greater London, and from that district to —
a
Essex;
b
Thurrock;
c
the Aveley ward and the Aveley and West Thurrock electoral division; and to
d
the Thurrock petty sessional division and the Essex No.1 coroner’s district
and shall cease to form part of the Metropolitan Police District.
3
All areas transferred by this article shall remain unparished.
Transfers within Greater London between Barking and Havering
6
1
The areas which are marked B, C, E, G, J and L on map 1 shall be transferred from Barking, and from the Eastbrook ward to Havering, to the Hylands ward, and to the Havering petty sessional area.
2
The areas which are marked A, D, F, H and K on map 1 shall be transferred from Havering, and from the Hylands ward to Barking, to the Eastbrook ward, and to the Barking petty sessional areas.
Town and country planning
7
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.
Michael Howard
Secretary of State for the Environment
1st May 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Banking Coordination (Second Council Directive) (Amendment) Regulations 1993.
2
These Regulations shall come into force on 1st January 1994.
Amendment of the principal Regulations
2
The Banking Coordination (Second Council Directive) Regulations 1992 are amended as follows:
a
in regulation 2(1), after “1993” in the definition of “the commencement date” there are inserted the words “except in relation to the application of these Regulations as they have effect by virtue of section 2(1) of the European Economic Area Act 1993 to the carrying on by credit institutions and financial institutions incorporated in or formed under the law of a member State of the Communities of listed activities in a relevant EFTA State and to the carrying on by credit institutions and financial institutions incorporated in or formed under the law of a relevant EFTA State of listed activities in the European Economic Area, where it means 1st January 1994;”;
b
in regulation 2(1), after the definitions of “member” and “rules” there are inserted the following:
“member State” means a member State of the Communities or a relevant EFTA State;
;
c
in regulation 2(1), after the definition of “recognised self — regulatory organisation” there are inserted the following:
“relevant EFTA State” means any of Austria, Finland, Iceland, Norway and Sweden;
;
d
after regulation 2, the following regulation is added:
Iceland
2A
1
For the period commencing with 1st January 1994 and ending on the implementation date and subject to paragraph (2) below, wherever the expressions “another member State”, “member State” and “relevant EFTA State” are used in these Regulations they have effect for the purposes of these Regulations as if they did not include a reference to Iceland.
2
Paragraph (1) above does not apply to —
a
the definition of “the commencement date” in regulation 2(1) above where it has effect in relation to the provisions described in sub — paragraph (e) below;
b
regulation 22(1), (2) and (3) below;
c
regulation 24(1) and (3) below;
d
paragraphs 1 to 7 of Schedule 6 to these Regulations;
e
paragraphs 2 and 3 of Schedule 11 to these Regulations;
f
the definitions of “another member State”, “relevant supervisory authority” and “supervisory authority” in section 106 of the Banking Act as inserted by regulation 45 below in so far as those definitions are used in the following provisions of the Banking Act —
i
section 9(7) as inserted by regulation 26 below;
ii
section 11(1A)(f) as inserted by regulation 28(1) below;
iii
section 12A(1) and (3)(b) as inserted by regulation 29 below;
iv
section 13(3A) as inserted by regulation 30(1) below;
v
section 15(4) as inserted by regulation 30(2) below;
vi
section 22(1A) as inserted by regulation 31(2) below; and
vii
section 86(1)(b), (3) and (4) as substituted by regulation 41 below;
g
the definitions of “another member State”, “relevant supervisory authority” and “supervisory authority” in section 119(2A) of the Building Societies Act as inserted by regulation 81 below in so far as those definitions are used in the following provisions of the Building Societies Act —
i
section 43(1A)(f) as inserted by regulation 71(1) below;
ii
section 45A(1) and (3)(b) as inserted by regulation 74 below;
iii
section 54(3B) as inserted by regulation 77(1) below; and
iv
section 54(6) as inserted by regulation 77(2) below.
3
In relation to a credit institution incorporated in or formed under the law of Iceland, any reference to the commencement date in paragraphs 1, 6 and 7 of Schedule 11 to these Regulations is construed as a reference to the implementation date.
4
In this regulation “the implementation date” means the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the EFTA Surveillance Authority to be established under Article 108 of the Agreement on the European Economic Area is notified by Iceland that it has implemented the Second Council Directive, or 1st January 1995, whichever is the sooner.
;
e
in regulation 5(1), for “paragraph (2)” there is substituted “paragraphs (2) and (3)”;
f
in regulation 5, the following paragraph is added after paragraph (2) —
3
Paragraph (1)(a) above shall not apply in relation to a European institution in respect of which a determination under regulation 13A below is in force.
;
g
after regulation 13, the following regulation is added:
Treasury determinations for implementing decisions
13A
1
For the purpose of implementing a relevant decision within the meaning of section 26A(1) of the Banking Act the Treasury may following consultation with the Bank make a determination in respect of a credit institution if —
a
it is incorporated in or formed under the law of a relevant EFTA State;
b
it is the subsidiary undertaking of a parent undertaking governed by the laws of a third country whose treatment of credit institutions from the European Economic Area or any part of it gave rise to the relevant decision; and
c
it conforms to regulation 3(2)(b) and (c) above but not to regulation 3(2)(d).
2
A determination made under paragraph (1) shall prohibit a credit institution in respect of which it is made from thereafter carrying on in the United Kingdom by the provision of services any home — regulated activity or establishing a branch in the United Kingdom for the purpose of carrying on such an activity notwithstanding that the requirements of paragraph 1 of Schedule 2 to these Regulations are at any time complied with in relation to its carrying on of the activity or, as the case may be, its establishment of the branch.
3
A determination made under paragraph (1) above may relate to a particular institution or class of institution.
4
A determination made under paragraph (1) above may be withdrawn at any time by the Treasury, but such withdrawal shall not affect anything done in accordance with the determination before it was withdrawn.
5
Notice of a determination made under paragraph (1) above in respect of a particular institution or of the withdrawal of such a determination shall be given in writing by the Treasury to that institution and notice of any determination made under paragraph (1) or of the withdrawal of any determination shall be published in the London, Edinburgh and Belfast Gazettes on the date of the determination or, as the case may be, on the date of the withdrawal, or as soon as practicable thereafter.
6
A credit institution which fails to comply with a determination made under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale; but such a contravention shall not invalidate any transaction.
7
In proceedings brought against a credit institution for an offence under paragraph (6) above it shall be a defence for the institution to show that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
;
h
Sub — paragraph (3) of paragraph 3 of Schedule 11 is revoked.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Robert Jones and Agnes Hunt Orthopaedic and District Hospital 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;
“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 Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Robert Jones and Agnes Hunt Orthopaedic and District Hospital, Oswestry, Shropshire SY10 7AG and associated hospitals (including the management of its research facilities).
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
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 and shall come into force on 26th April 1993.
2
In this Order any expression used shall have the meaning it bears in the Export of Goods (Control) Order 1992 except “specified territories”, which shall mean the United Nations Protected Areas in Croatia and those areas of Bosnia-Herzegovina under the control of Bosnian Serb forces.
Exportation of goods to areas of Croatia and Bosnia-Herzegovina
2
1
Subject to Article 3 of this Order, all goods are prohibited to be exported from the United Kingdom: —
a
to any destination in the specified territories; or
b
for transit through the specified territories.
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: —
i
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; or
ii
any exportation of goods in connection with the activities of the United Nations Protection Force ( UNPROFOR ), the International Conference on the former Yugoslavia or the European Community Monitor Mission.
Enforcement
4
Articles 4, 5 and 6 of the Exports 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 April 1993


text:
1
This Order shall come into force on 26th February 1993 and may be cited as the M5 Motorway (Brockworth Bypass and Slip Roads) (Slip Roads, Special Roads) Order 1993.
2
For the purpose of connecting the motorway with other highways, so as to effect a junction at the place stated in the Schedule hereto, the Secretary of State is authorised to provide along the routes described in that Schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
3
The centre lines of each of the special roads are indicated by a heavy black line on the maps numbered 1 to 5 in the deposited plan.
4
The special roads shall become trunk roads on the date when this Scheme comes into force.
5
In this Scheme:
i
“the motorway” means the special road forming part of the M5 motorway;
ii
“the deposited plan” means the plan folio numbered HA16/1/SWM11 marked “The M5 Motorway (Brockworth Bypass and Slip Roads) (Slip Roads, Special Roads) Scheme 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads” means all the special roads which the Secretary of State is authorised by this Scheme to provide.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
11th February 1993


text:
1
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”, means the plan numbered HA10/YHRO 42 marked “The A65 Trunk Road (Bigholmes Lane to Switchers) (Detrunking) Order 1993”signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highways to be constructed by the Secretary of State in pursuance of the A65 Trunk Road (Hellifield and Long Preston Bypass and Slip Roads) Order 1993; and
iii
“the trunk road” means North-West of Doncaster to Kendal Trunk Road (A65).
3
This Order shall come into force on 5th April 1993 and may be cited as the A65 Trunk Road (Bigholmes Lane to Switchers) (Detrunking) Order 1993.
Signed by the authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
8th March 1993


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In regulation 3, before paragraph (3), there shall be inserted the following paragraph —
2A
Without prejudice to section 17 of the Interpretation Act 1978 and subject to the context, a reference in these Regulations to any enactment comprised in subordinate legislation (within the meaning of that Act) is a reference to that enactment as from time to time amended or re-enacted with or without modification.
.
Amendments to regulation 61 (exhaust emissions)
4
1
Regulation 61 shall be amended as follows.
2
In paragraph (4), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
if it is propelled by a spark ignition engine, with any instrument mentioned in column (4)(a) of Table II.
.
3
In paragraph (7), after “(7A),”, there shall be inserted “(7B), (7C), (7D),”.
4
After paragraph (7A), there shall be inserted the following paragraphs —
7B
In relation to a vehicle to which Part III of Schedule 1B of the Type Approval for Goods Vehicles Regulations applies, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
7C
In relation to a vehicle to which neither the Type Approval of Goods Vehicles Regulations not the Type Approval (Great Britain) Regulations applies, and which was one among the first specified number of relevant vehicles to have been manufactured, item 9 of Table II shall have effect as if for the entry in column (3) there were substituted “1st October 1994”.
7D
For the purposes of paragraph (7C) above, in relation to a vehicle (“the vehicle in question”), —
a
“specified number” is 10 per cent. of the total number of vehicles to which neither the Type Approval for Goods Vehicles Regulations nor the Type Approval (Great Britain) Regulations applies that were both —
i
manufactured by the manufacturer of the vehicle in question; and
ii
registered under the Vehicles (Excise) Act 1971 during the period beginning with 1st October 1992 and ending with 30th September 1993;
or 50 whichever is the greater; and
b
“a relevant vehicle” is a vehicle which —
i
is not subject to either the Type Approval for Goods Vehicles Regulations or the Type Approval (Great Britain) Regulations;
ii
was manufactured by the manufacturer of the vehicle in question on or after 1st April 1991 and before 1st October 1993;
iii
was in the territory of a member State at some time before 1st October 1993;
iv
was in existence on 1st October 1993; but
v
had not been registered under the Vehicles (Excise) Act 1971 before1st October 1993.
.
5
In paragraph (11)(c), for “or 10” there shall be substituted “, 10 or 11”.
6
In column 4 of item 3 of Table I, sub-paragraph (b) shall be omitted.
7
For Table II, there shall be substituted the Table set out in the Schedule to these Regulations.
Consequential amendments
5
1
In Table I of Schedule 2, after item 67, there shall be inserted the following item —
68 93/59 28.6.93 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458 and 91/441 4K 2I
2
In Table II of Schedule 2 —
a
after item 21AA there shall be inserted the following item —
21AB 49.02 49 15.4.82 Emissions of gaseous pollutants 30.12.92
b
after item 24 there shall be inserted the following items —
25 83 83 5.11.89 Emissions of gaseous pollutants — 4F 2H 26 83.01 83 5.11.89 Emissions of gaseous pollutants 30.12.92 4K 2F
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993


text:
1
This Order may be cited as the London South Circular Trunk Road (A205) (London Road, Lewisham and Southwark) (Box Junction) Order 1993 and shall come into force on 16th October 1993.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1044 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the London South Circular Trunk Road (A205) in the London Boroughs of Lewisham and Southwark known as London Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden; or
c
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary within the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer London Regional Office of the
Department of Transport
11th October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Perth and Kinross Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st 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 Perth and Kinross 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 Perth and Kinross Healthcare 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 Perth Royal Infirmary, Murray Royal Hospital and Hillside Hospital, all in Perth, Irvine Memorial Hospital, Pitlochry, St Margaret’s Hospital, Auchterarder, Aberfeldy Cottage Hospital, Blairgowrie Cottage Hospital, Crieff Cottage Hospital and Meigle Cottage Hospital, 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 Tayside 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 Tayside 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 Tayside 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
25th November 1993


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Fourth Amendment) Order 1993 and shall come into force on 17th December 1993.
2
1
The Public Airport Companies (Capital Finance) Order 1990 shall be amended as follows.
2
In paragraph (2) of article 1 after the definition of “current assets” there shall be inserted the following definitions:
“equity share capital” means, in relation to a public airport company or any subsidiary of such a company, its issued share capital excluding any part of that capital which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution;
“local authority” has the same meaning as in section 67 of the Act;
“principal council” has the same meaning as in section 12 of the Airports Act 1986;
.
3
In paragraph (2) of article 1, in the definition of “the relevant date”, the word “and” at the end shall be omitted and after that definition there shall be inserted the following definitions:
“relevant person” means any person other than–
a local authority,
a company which, in accordance with Part V of the Act, is under the control of, or is for the time being subject to the influence of, a local authority, or
a trust to which, by virtue of an order made under section 72 of the Act, the provisions of section 69 of the Act are applicable and which is for the time being subject to the influence of a local authority;
“share” includes stock; and
.
4
In paragraph (4) of article 2 the words from “and the issued share capital” onwards shall be omitted.
5
For paragraph (5) of article 2 there shall be substituted the following paragraph:
5
In this article “liabilities” in relation to a public airport company or any subsidiary of such a company–
a
subject to sub–paragraph (b) below includes the issued share capital of that company or subsidiary (including any premium obtained by the company or subsidiary upon the issue of such shares) and such liability shall be treated as a liability owed to the person who holds such issued shares,
b
does not include any liability owed–
i
to the controlling authority,
ii
to a constituent council of the controlling authority,
iii
to or by that public airport company by or to any subsidiary of that company,
iv
to a principal council which, on or after 17th December 1993, transfers all of its share in the equity share capital of that public airport company to a relevant person provided that liability was owed before that transfer, or
v
to a relevant person by reason of that person holding any share in the equity share capital of that company or subsidiary issued to a relevant person on or after 17th December 1993 or transferred to a relevant person by the controlling authority or a constituent council of that authority on or after that date, and
c
does not include any provision for–
i
pensions and similar obligations, or
ii
taxation.
.
6
In the Schedule there shall be deleted the entry–
East Midlands International Airport plc Derbyshire County Council
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State
Department of Transport
23rd November 1993


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Direct Service Organisations) (Competition) Regulations 1993 and shall come into force on 10th May 1993.
2
In these Regulations —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1988 Act ” means the Local Government Act 1988;
“the 1992 Act ” means the Local Government Act 1992;
“allowable cost” means any amount calculated or estimated in accordance with regulation 9 or 10;
“bid” means the bid for the work prepared by the local authority through their direct service organisation;
“contractor” means any person who is invited by the local authority to tender for the work;
“direct service organisation” means that part of the local authority’s workforce which is equipped to carry out the work;
“local authority” means any authority or body which is a defined authority for the purposes of Part I of the 1988 Act or a development body for the purposes of Part III of the 1980 Act;
“prospective cost” means any amount calculated or estimated in accordance with regulation 12, 13 or 14;
“qualifying tender” means any contractor’s tender for the work which meets the qualification mentioned in regulation 7(b);
“the notional premium” means an amount equal to the lowest of the costs mentioned in regulation 6(b);
“the present value of savings” means with respect to any qualifying tender the amount calculated in accordance with paragraph 4 of the Schedule;
“the 1982 Regulations ” means for England and Wales the Local Government (Compensation for Premature Retirement) Regulations 1982 , the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 , the Local Government Reorganisation (Compensation) Regulations 1986 , the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988 , the Local Government (Superannuation and Compen-sation) (Amendment) Regulations 1989 , and the Local Government (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1990 ;
“the 1979 Regulations ” means for Scotland the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979 , the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1982 , the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Amendment Regulations 1984 , the Local Government (Compensation for Premature Retirement (Scotland) Amendment Regulations 1986 , and the Local Government (Compensation for Premature Retirement) (Scotland) Amendment Regulations 1990 ;
“the work” means work which is functional work within the meaning of section 8 of the 1980 Act or work to which sections 7 and 8 of the 1988 Act apply by virtue of section 6 of the 1988 Act, and which is described, or is to be described, in an invitation to tender prepared by the local authority.
Periods for response to notice and invitation to tender
2
1
This regulation applies where neither the Public Works Contracts Regulations 1991 nor Council Directive 92/50/ EEC relating to the co-ordination of procedures for the award of public service contracts apply to the procedures relating to the invitation to tender for the work and the award of a contract for the performance of the work to any of the contractors.
2
The period which, by virtue of section 7(2)(d) of the 1988 Act, is required to be specified in a notice published for the purposes of subsection (1) of that section (period for giving notice of a wish to carry out work) shall be a period of not less than 37 days commencing on the date on which the notice is published.
3
The invitation to tender for the work shall specify as the period within which contractors are allowed to respond to the invitation a period of not less than 40 days commencing on the date of the invitation.
Period elapsing before commencement of certain work
3
In a case where a notice has been published for the purposes of section 7(1) of the 1988 Act the period which is to elapse between the announcement of the decision as to who should carry out the work described in the notice and the beginning of the period during which that work is to be carried out shall be not less than 30 days, and not more than 120 days.
Preparation of bids
4
1
For the purposes of this regulation —
“the head of paid service” means the officer desginated by the local authority in accordance with section 4(1) of the Local Government and Housing Act 1989 , or, where no such officer has been designated, the chief executive or other officer who is responsible for the general management of the local authority;
“relevant operation” means any one of the following operations —
selecting any publication in which a notice is to be published in accordance with section 7(1) of the 1988 Act;
selecting the persons to be invited to tender for the work;
sending the tender documents to the persons selected to be invited to tender for the work;
calculating or estimating any prospective cost;
receiving, opening or evaluating the bid and the contractors' tenders for the work; or
deciding whether the work is to be carried out by one of the contractors or by the local authority through their direct service organisation.
2
For the purposes of the conditions mentioned in section 9(2)(b) and section 9(2)(d) of the 1992 Act the conduct to which this regulation applies is to be regarded as conduct which has the effect of restricting, preventing or distorting competition or is likely to have that effect.
3
This regulation applies to any conduct which consists of, or involves —
a
the undertaking of any work or responsibility with respect to a relevant operation, and, concurrently, the undertaking of any work or responsibility with respect to the preparation of the bid or any functions which the local authority perform through their direct service organisation, by any individual apart from —
i
the head of paid service and, in his absence, the person authorised to act as his deputy;
ii
the statutory or non-statutory chief officer who is directly accountable to the head of paid service for the discharge of the relevant operation, and, in the absence of that statutory or non-statutory chief officer, the deputy chief officer who is directly accountable to him;
iii
any persons who are employed by the local authority to provide legal, financial or other professional advice in relation to the business of the local authority;
b
giving to the direct service organisation information about the work in addition to the information contained in the notice published under section 7(1) of the 1988 Act, without giving the same information to each of the persons who gave the local authority notice that he may wish to carry out the work;
c
giving to the direct service organisation information about the work in addition to the information contained in the tender documents, without giving the same information to each of the contractors.
Evaluation of bid and tenders
5
For the purposes of the conditions mentioned in section 9(2)(b) and section 9(2)(d) of the 1992 Act, the following conduct is to be regarded as conduct which has the effect of restricting, preventing or distorting competition or is likely to have that effect, namely —
a
conduct in the course of any evaluation made for the purpose of deciding who should undertake or carry out the work, which consists of, or involves —
i
calculating the amount of any prospective cost after the opening of the bid and the contractors' tenders for the work;
ii
giving to the direct service organisation an opportunity to explain or provide further information about the bid, without giving an equivalent opportunity to each of the contractors;
iii
taking into account the matters mentioned in regulation 6 in a manner, or to an extent, other than as prescribed in these Regulations;
iv
taking into account any costs, other than prospective costs, which the local authority would, or could, incur as a consequence of a decision to accept one of the contractors' tenders for the work;
b
announcing who is to undertake or carry out the work later than 90 days after the expiry of the period within which contractors are allowed to respond to the invitation to tender for the work;
c
doing anything which results, or is likely to result, in the contravention of regulation 3.
6
In the course of any evaluation made for the purpose of deciding who should undertake or carry out the work the local authority shall take into account in the manner prescribed in these Regulations —
a
the particulars of the bid referable to the amount which would be credited to the account of the direct service organisation for the performance of the work, and the particulars of each contractor’s tender referable to the fees and expenses which would be payable to the contractor for the performance of the work;
b
where the local authority requires the contractor to provide particulars of a bond or guarantee in relation to the performance of the work, the cost quoted by each contractor or providing a bond or guarantee which meets the requirements of the invitation to tender for the work;
c
the present value of savings;
d
the total amount of allowable costs included by the local authority in the bid;
e
the total amount of prospective costs calculated or estimated by the local authority.
Qualifying tenders
7
Having regard to the bid and each contractor’s tender for the work, the local authority shall —
a
calculate or estimate —
i
the amount, excluding the total amount of allowable costs, which the local authority would pay to the credit of the account of the direct service organisation, if it accepted the bid, and
ii
the total amount of fees and expenses which the local authority would be bound to pay to the contractor if it accepted his tender;
b
identify which, if any, of the contractors' tenders meet the following qualification, namely that the amount mentioned in sub-paragraph (a)(ii) is less than the value of the sum of —
i
the amount mentioned in sub-paragraph (a)(i), and
ii
the notional premium.
The present value of savings
8
1
The Schedule shall have effect for the purpose of calculating the present value of savings.
2
In the course of evaluating each qualifying tender the local authority shall —
a
take into account the present value of savings;
b
where the local authority decides to take into account any prospective costs, compare the present value of savings with the total amount of prospective costs.
Allowable costs of employing disabled persons
9
1
For the purposes of this regulation —
“disabled person” means any person who is a disabled person within the meaning of section 1 of the Disabled Persons (Employment) Act 1944 ;
“relevant costs” means the costs which —
arise out of, or are attributable to, the employment of disabled persons which would not be incurred if such persons were not disabled persons, and
would arise out of, or be attributable to, the performance of the work by disabled persons if the bid were successful.
2
The following amount shall be an allowable cost, namely the amount, if any, by which the relevant costs exceed the amount of any grant paid, or to be paid, to the local authority by the Department of Employment in aid of the employment of disabled persons, which, if the bid were successful, would be attributable to the employment of disabled persons in relation to the work.
Allowable costs of employing trainees
10
1
For the purposes of this regulation —
“grant aid” means the amount of any grant paid or to be paid to the local authority by the Department of Employment in aid of relevant arrangements, which, if the bid were successful, would be attributable to the employment of apprentices and trainees in relation to the work;
“relevant costs” means the costs mentioned in paragraph (2);
“relevant arrangements” means any arrangements within the meaning of paragraph (4);
“trainees” means any persons employed under the terms of any relevant arrangements.
2
Relevant costs are the costs which, if the bid were successful, would arise out of, or be attributable to, the employment of trainees in relation to the work, with respect to —
a
the management of relevant arrangements, including advertising, recruiting trainees and apprentices, setting up projects and placing trainees and apprentices;
b
the overheads of relevant arrangements, including the provision of premises and equipment for the purposes of the scheme, and all necessary outgoings including loan charges;
c
the provision of instruction in accordance with the requirements and objectives of relevant arrangements, and the registration of trainees' and apprentices' qualifications;
d
the provision of financial support of trainees in accordance with the requirements of relevant arrangements.
3
The following amounts shall be allowable costs, namely —
a
in the case of arrangements which are relevant arrangements by virtue of paragraphs (4)(a) and (b), the amount, if any, by which relevant costs exceed the amount of any grant aid, and
b
in the case of arrangements which are relevant arrangements by virtue of paragraph (4)(c), the amount, if any, by which relevant costs exceed the value of the sum of —
i
the amount of any grant aid, and
ii
the costs which, if the bid were successful, would arise out of, or be attributable to, the employment in relation to the work of persons who are not trainees.
4
Relevant arrangements are —
a
arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 ;
b
arrangements made by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 ;
c
arrangements made by the local authority for the training of persons in their employment who are trainees or apprentices.
Prospective costs
11
For the purposes of the conditions mentioned in section 9(2)(b) and section 9(2)(d) of the 1992 Act, the following conduct is not to be regarded as conduct which has the effect of restricting, preventing or distorting competition or is likely to have that effect, namely conduct in the course of any evaluation made for the purpose of deciding who should undertake or carry out the work, which consists of, or involves, calculating or estimating prospective costs.
Redundancy costs
12
1
This regulation applies if, as a consequence of a decision by the local authority to accept one of the contractors' tenders for the work, the local authority would dismiss any person in its employment on the grounds of redundancy.
2
For the purposes of this regulation —
“relevant staff” means the persons who would be dismissed as redundant by reason of the local authority’s acceptance of one of the contractors' tenders for the work;
“eligible staff” means those members, if any, of the relevant staff who would on dismissal be entitled to receive compensation under the 1982 Regulations, or, as the case may be, the 1979 Regulations;
“a qualifying local authority” means a local authority which has pursued a general policy of exercising its discretion to award compensation under the 1982 Regulations, or, as the case may be, the 1979 Regulations (the payment of additions to the superannuation benefits payable under the Local Government Superannuation Scheme), and would pay such compensation to the eligible staff.
3
The sum of the following amounts shall be a prospective cost —
a
the total redundancy payment which the local authority would become liable to pay to the relevant staff under Part VI of the Employment Protection (Consolidation) Act 1978 , and,
b
provided that the local authority is a qualifying local authority, an amount equal to the value of the product of —
15 × S
where
S means the total compensation which would be payable to the eligible staff under the 1982 Regulations, or, as the case may be, the 1979 Regulations, during the year immediately following the date on which the eligible staff cease to hold their employment with the local authority.
Payments during period of notice of dismissal
13
1
For the purposes of this regulation —
“commencement date” means the date of commencement of the period during which the work is to be carried out;
“relevant staff” means any persons in the employment of the local authority who would be dismissed by the local authority on the grounds of redundancy if the local authority accepted one of the contractors' tenders for the work;
“the relevant date” means the date of expiry of a period of 12 weeks following the date on which the local authority accepts the successful contractor’s tender.
2
This regulation applies if, and only if —
a
the relevant date falls after the commencement date, and
b
at any time during the period between the commencement date and the relevant date the local authority would be likely to excuse any relevant staff from the performance of their duties under their contracts of employment.
3
The following amount shall be a prospective cost, namely the amount of the gross wages and salaries which would be payable to the relevant staff for the whole of any period during which relevant staff are likely to be excused from the performance of their duties under their contracts of employment.
Costs of terminating contracts for hire and other contracts
14
1
This regulation applies if, as a consequence of a decision by the local authority to accept one of the contractors' tenders for the work, the local authority would terminate any contract entered into for the purposes of the direct service organisation for —
a
the lease or maintenance of any land or building;
b
the hire or maintenance of any plant, equipment or other things; or
c
the purchase of any goods.
2
The following amount shall be a prospective cost, namely with respect to any contract to which this regulation applies any amount which would be payable by the local authority under the contract by reason of the early termination of the contract.
Issue of guidance
15
1
The Secretary of State shall issue guidance as to how conduct restricting, distorting or preventing competition is to be avoided in the doing of anything under or for the purposes of Part III of the 1980 Act or Part I of the 1988 Act.
2
In any determination of whether or not the conditions mentioned in section 9(2)(b) and (d) of the 1992 Act have been fulfilled there shall be taken into account the extent of any contravention of the guidance issued under paragraph (1).
Michael Howard
Secretary of State for the Environment
24th March 1993
Allan Stewart
Parliamentary Under Secretary of State Scottish Office
24th March 1993
David Hunt
Secretary of State for Wales
24th March 1993


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 2) Order 1993 and shall come into force on 11th November 1993. Identification of site and designation of restricted area.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 49 degrees 57' 27“ North, Longitude 05 degrees 12' 56” West.
2
The area within a distance of 100 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Iain Sproat
Parliamentary Under Secretary of State for National Heritage
18th October 1993