text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment) Regulations 1992 and shall come into force on 22nd March 1992.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
after the definition of “Board” there shall be inserted —
“Board of directors” means the Board of directors of LIFFE (A & M);
;
b
after the definition of “gilt-edged securities” there shall be inserted —
“LIFFE” means The London International Financial Futures and Options Exchange;
“LIFFE (A & M)” means The London International Financial Futures Exchange (Administration and Management);
;
c
after the definition of “market maker” there shall be inserted —
“member” means a member of LIFFE (A & M) who is recognised as such by the Board of directors;
;
d
after the definition of “the Taxes Act 1988” there shall be added —
“United Kingdom equity securities” means shares issued by a company which —
a
have been admitted to the Official List of the Stock Exchange, or are permitted to be dealt in on the Unlisted Securities Market of the Stock Exchange, or
b
where the company issuing the shares is not resident in the United Kingdom, are registered in a register kept in the United Kingdom by or on behalf of that company.
.
4
In regulation 4 after paragraph (b) there shall be inserted —
ba
in relation to an arrangement under which United Kingdom equity securities are to be transferred to a member, the conditions specified in regulation 6A, or
.
5
After regulation 6 there shall be inserted —
Conditions relating to the transfer of United Kingdom equity securities to members of LIFFE (A & M)
6A
1
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (1) are that —
a
the person referred to as A in the principal section is an approved borrower;
b
the person referred to as B in the principal section is an approved moneybroker;
c
the arrangement takes a form approved by the Board;
d
the securities to be transferred under the arrangement are United Kingdom equity securities of a particular kind;
e
save where sub-paragraph (f)(ii) applies, the contract of sale mentioned in subsection (1) is entered into by A —
i
as an options market maker at the date of the contract by way of a hedge against the likelihood of his being obliged to receive securities of the kind referred to in sub-paragraph (d) on a future exercise of options which he has bought or sold, or
ii
as an options principal trader at the date of the contract by way of a hedge against the likelihood of his being obliged to receive such securities on a future exercise of options which he has bought or sold;
f
the arrangement is entered into by A —
i
for the purposes referred to in paragraphs (i) or (ii) of sub-paragraph (e), or
ii
in order to meet his obligation to deliver such securities under the contract, where the contract results from the earlier exercise of an option by or against him;
g
the number of such securities contracted to be sold by A —
i
where paragraph (i) of sub-paragraph (e) applies, does not result in the total number of securities of that kind contracted to be sold by A under that contract and other like contracts for the purpose referred to in that paragraph, exceeding as at the date of the contract the Max limit applicable on that date in respect of securities of that kind, or
ii
where paragraph (ii) of sub-paragraph (e) applies, does not result in the total number of securities of that kind contracted to be sold by A under that contract and other like contracts for the purpose referred to in that paragraph exceeding as at the date of the contract the Deltaplus limit applicable on that date in respect of securities of that kind, or the Max limit applicable on that date in respect of securities of that kind to which he would be subject if he were an options market maker, whichever is the less;
h
the number of such securities to be transferred to A under the arrangement, where paragraph (ii) of sub-paragraph (f) applies, does not exceed the amount, if any, by which the number of securities which he is obliged to deliver for the purpose specified in that paragraph exceeds the number of securities of that kind calculated by reference to the formula —
D + E - F
where —
D is the number of securities of that kind which he held at the time of exercise of the option referred to in that sub-paragraph, other than securities which he was obliged to deliver at that time as the result of an earlier agreement to sell securities which at the time of the agreement he did not own and had not agreed to purchase, which he had agreed to sell in order to hedge the likelihood of his having to receive such securities on a future exercise of options which he had bought or sold, and which did not exceed the appropriate limit at the time of the agreement,
E is the number of such securities which he was obliged to receive at that time as a result of the earlier exercise of other options by or against him, and
F is the number of such securities which he held at that time as a hedge against the likelihood of his having to deliver such securities on a future exercise of other options which he had bought or sold;
j
if, following the transfer under the arrangement of such securities to A for the purposes referred to in paragraph (i) or (ii) of sub-paragraph (e), the number of securities so transferred under the arrangement and other like arrangements and not transferred in return under such arrangements exceeds, at any time subsequent to the date of the transfer and for a period of six consecutive days, the appropriate limit as calculated from day to day in respect of securities of that kind, a contract to purchase such securities in order to enable the amount of the excess to be transferred in return under the arrangement is entered into by A prior to the expiry of the day following the end of that period;
k
if, following the transfer under the arrangement of such securities to A for the purpose specified in sub-paragraph (f)(ii) above, the number of securities of that kind transferred to him under the arrangement and other like arrangements and not transferred in return under such arrangements, exceeds, for a period of six consecutive days, the sum of —
i
the appropriate limit, as calculated from day to day, in respect of securities of that kind which are required as a hedge against the likelihood of his having to deliver such securities on a future exercise of other options which he had bought or sold, and
ii
the number of securities of that kind which are required to meet his obligation to deliver securities resulting from the exercise of other options by or against him,
a contract to purchase such securities in order to enable the amount of the excess to be transferred in return under the arrangement is entered into by A prior to the expiry of the day following the end of that period.
2
The conditions specified in this regulation in relation to an arrangement mentioned in subsection (2) are —
a
that B is an approved moneybroker;
b
that the person referred to as C in the principal section, and any person for whom C is acting in connection with the arrangement as an agent or a nominee, is an approved lender;
c
that the arrangement takes a form approved by the Board.
Definitions relating to the conditions specified in regulation 6A
6B
For the purposes of regulation 6A and this regulation —
“the appropriate limit” means —
where A is an options market maker in respect of United Kingdom equity securities of a particular kind at the time of the agreement referred to in regulation 6A(1)(h) or, as the case may be, during the period specified in regulation 6A(1)(j) or (k), the Max limit, and
where A is an options principal trader in respect of United Kingdom equity securities of a particular kind at the time or, as the case may be, during the period referred to in paragraph (a), the Deltaplus limit or the Max limit, whichever is the less;
“approved borrower” means a member who buys and sells options to buy or sell United Kingdom equity securities;
“approved lender” and “approved moneybroker” have the same meanings as in regulation 5;
“the Delta number” means the number which —
is calculated and published from time to time under the authority of the Board of directors in relation to each type of option and the price at which the option may be exercised, and
reflects the degree of probability of exercise of that option as determined by the Board of directors in the light of the current market price of the shares or stock to which the option relates;
“the Deltaplus limit” means, in relation to options entered into by A to buy or sell United Kingdom equity securities of a particular kind, the maximum number of such securities which is found by —
subject to paragraph (c), making the following calculation in respect of each relevant expiry month and each designated account —
G - H
where —
G is the number of such securities which he is likely to receive on the exercise of options expiring within that month, calculated by multiplying the most recently published Delta number by the number of securities in respect of each option which would be transferred if that option were exercised, and H is the number of securities which, adopting the same method of calculation, he is likely to deliver, on the exercise of such options;
increasing the amount calculated in paragraph (a) by 20 per cent. of the sum of the number of such securities which he would be entitled or obliged to deliver and the number he would be entitled or obliged to receive, if those options were all exercised;
where at the time of calculation such options would expire, unless previously exercised, within a period of four weeks, making the calculation specified in paragraph (a) of the definition of the Max limit in this regulation in respect of those options for the relevant expiry month instead of the calculation referred to in paragraphs (a) and (b) of this definition;
where the amount calculated by reference to paragraphs (a) and (b) or the amount calculated by reference to paragraph (c) is a negative amount, treating that amount as zero;
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts;
“designated account” means an account designated for a member by the Board of directors in connection with options to buy or sell United Kingdom equity securities;
“the Max limit” means, in relation to options entered into by A to buy or sell United Kingdom equity securities of a particular kind, the maximum number of such securities which is found by —
making the following calculation in respect of each relevant expiry month and each designated account —
J - K
where —
J is the number of securities which he is likely to receive, and K is the number of securities which he is likely to deliver, on the exercise of options expiring within that month, on the assumption that —
the market price of the securities is at a figure which, having regard to paragraphs (ii) and (iii), would produce the maximum figure resulting from that calculation,
such options as give the holder the right to buy such securities at a price above that market price, or to sell such securities at a price below that market price, are not exercised, and
such options as give the holder the right to buy such securities at a price equal to or below that market price, or to sell such securities at a price equal to or above that market price, are exercised;
where the amount calculated by reference to paragraph (a) is a negative amount, treating that amount as zero;
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts;
“option” means an option to buy or sell securities which is listed by and traded on LIFFE;
“options market maker” means a member who buys and sells, on his own account, options to buy or sell United Kingdom equity securities and who, at the time specified in regulation 6A(1)(e)(i), or at the times specified in regulation 6A(1)(h), (j) and (k) in connection with the appropriate limit, was recognised by the Board of directors as a market maker in relation to options in respect of United Kingdom equity securities of a particular kind and was acting in the capacity of a market maker in relation to those options.
“options principal trader” means a member who buys and sells, on his own account, options to buy or sell United Kingdom equity securities but who, at the times specified in regulation 6A(1)(e)(ii), or at the times specified in regulation 6A(1)(h), (j) and (k) in connection with the appropriate limit, was not recognised by the Board of directors as a market maker in relation to options in respect of United Kingdom equity securities of a particular kind or, if so recognised, was not acting in the capacity of a market maker in relation to those options;
“relevant expiry month” means a calendar month during which an option to buy or sell United Kingdom equity securities of a particular kind will expire, unless previously exercised.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1992


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
These Regulations may be cited as the Goods Vehicles (Community Authorisa tions) Regulations 1992 and shall come into force on 1st January 1993.
Purpose and interpretation
2
1
These Regulations implement the Council Regulation .
2
In these Regulations —
“actual holder”, in relation to a person established as a haulier in Great Britain, has the meaning which it bears in regulation 32A(1) of the 1984 Regulations ;
“Community authorisation” means a Community authorisation issued under the Council Regulation;
“competent authority” has the meaning given by regulation 4 of these Regulations;
“the Council Regulation” means Council Regulation ( EEC ) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States;
“the First Council Directive ” means the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road ;
“operating centre” has the meaning which it bears in section 92(1) of the Transport Act 1968 ;
“operator’s licence” means an operator’s licence within the meaning of section 60(1) of the Transport Act 1968 or section 14 of the Transport Act (Northern Ireland) 1967 ;
“standard operator’s licence” means an operator’s licence which is a standard licence within the meaning of regulation 3(2) of the 1984 Regulations;
“the 1984 Regulations” means the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 ; and
“traffic area” means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 ,
and, subject thereto, expressions used which are also used in the Council Regulation have the meaning which they bear in that Regulation.
Use of goods vehicle without Community authorisation
3
A person who uses a vehicle in the United Kingdom in contravention of Article 3.1 of the Council Regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Competent authorities
4
The competent authority for the purposes of the Council Regulation and of these Regulations shall be —
a
in relation to a haulier with an operating centre in a traffic area in Great Britain, the traffic commissioner for that area, and
b
in relation to a haulier established in Northern Ireland, the Department of the Environment for Northern Ireland.
Entitlement to the issue of Community authorisation
5
1
A person shall be entitled to be issued with a Community authorisation under Article 3.2 of the Council Regulation if —
a
in the case of a person established as a haulier in Great Britain, he holds a standard operator’s licence covering international transport operations; or
b
in the case of a person established as a haulier in Northern Ireland, he holds an operator’s licence covering international transport operations.
2
For the purposes of paragraph (1)(a) above, “international transport operations” has the meaning which it bears in regulation 3(2) of the 1984 Regulations.
Rights of appeal
6
A person who —
a
being entitled to be issued with a Community authorisation under regulation 5 above, is aggrieved by the refusal of the competent authority to issue such authorisation to him, or
b
being the holder of a Community authorisation, is aggrieved by the decision of the competent authority who issued it to withdraw it,
may appeal —
i
if he is established as a haulier in Great Britain, to the Transport Tribunal; or
ii
if he is established as a haulier in Northern Ireland, to the Northern Ireland Operator and Vehicle Licensing Review Body.
Effect of failure to comply with conditions governing use of Community authorisation
7
A person who uses a vehicle in the United Kingdom under a Community authorisation and, without reasonable excuse, fails to comply with any of the conditions governing the use of that authorisation under the Council Regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Authorised inspecting officers
8
Authorised inspecting officers for the purposes of the Council Regulation shall be police constables and —
a
in Great Britain, examiners appointed under section 56(1) of the Road Traffic Act 1972 or section 66A(1) of the Road Traffic Act 1988 , and
b
in Northern Ireland, inspectors appointed under section 37 of the Transport Act (Northern Ireland) 1967 and inspectors of vehicles, as defined in Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 .
Return of documents
9
1
The holder of a Community authorisation which is withdrawn by the competent authority in accordance with Article 8.2 of the Council Regulation shall within 7 days of such withdrawal return to the competent authority which issued it the original authorisation and all certified true copies of it.
2
The holder of a Community authorisation shall return to the competent authority which issued it such certified true copies of the authorisation as the authority may require pursuant to any reduction in the number of vehicles at the disposal of the holder or any decision of the authority under Article 8.3 of the Council Regulation to suspend certified true copies of that authorisation.
3
A person who, without reasonable excuse, fails to comply with any provision of paragraphs (1) or (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Supply of information
10
1
The holder of a Community authorisation shall furnish such information as the competent authority which issued it may reasonably require from time to time to enable the authority to decide whether the holder is entitled to retain that authorisation.
2
A person who, without reasonable excuse, fails to supply any information required under paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Death, bankruptcy etc. of holder of Community authorisation
11
Where a person is treated as the holder of an operator’s licence by virtue of a direction under Regulation 32A of the 1984 Regulations or by virtue of regulations made under section 33(2) of the Transport Act (Northern Ireland) 1967, such person shall also be treated as the holder of any Community authorisation held by the actual holder of that operator’s licence, for the same period as is specified in that direction or under such regulations.
Bodies corporate
12
1
Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations has been committed by a Scottish partnership and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Amendment of the Goods Vehicles (International Road Haulage Permits) Regulations 1975
13
1
The Goods Vehicles (International Road Haulage Permits) Regulations 1975 shall be amended as follows.
2
In regulation 2 (interpretation), in paragraph (1), in the definition of “international road haulage permit”, the words “a Community instrument relating to the carriage of goods by road between member States or” shall be omitted.
3
In regulation 4 (journeys to which Regulations apply), in paragraph (2), the words “The Republic of France, The Federal Republic of Germany, The Republic of Italy” shall be omitted.
4
In regulation 5 (exceptions), in the Table, items 2, 3 and 4 and the entries relating to those items in columns (2), (3) and (4) shall be omitted.
Amendment of the Transport Act 1968
14
1
Section 60 of the Transport Act 1968 (users of certain goods vehicles to hold operators' licences) shall be amended as follows.
2
At the end of subsection (2) there shall be added —
; or
to the use of a goods vehicle for international carriage by a haulier established in a member State other than the United Kingdom and not established in the United Kingdom; or
to the use of a goods vehicle for international carriage by a haulier established in Northern Ireland and not established in Great Britain.
.
3
After subsection (4) there shall be inserted —
4A
In subsection (2)(c) and (d) of this section “established,”“haulier” and “international carriage” have the same meaning as in Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States;
.
Amendment of the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980
15
1
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 shall be amended as follows.
2
In regulation 3 (interpretation), in paragraph (1) —
a
after the definition of “Community cabotage authorisation”, there shall be inserted —
“ Council Regulation No. 881/92 ” means Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a member State or passing across the territory of one or more member States;
;
b
in the definition of “foreign goods vehicle”, after paragraph (a), there shall be inserted —
aa
which is not being used for international carriage by a haulier established in a member State other than the United Kingdom and not established in the United Kingdom;
;
c
after the definition of “foreign goods vehicle”, there shall be inserted —
“international carriage” has the meaning which it bears in the Council Regulation; and
in the definition of “Northern Ireland goods vehicle”, after paragraph (a), there shall be inserted —
which is not being used for international carriage by a haulier established in Northern Ireland and not established in Great Britain;
.
3
For regulation 6 (exemptions for Northern Ireland or foreign goods vehicles with international authorisations or licences), there shall be substituted —
Exemptions for Northern Ireland or foreign goods vehicles with international licences
6
Notwithstanding anything in Regulations 7 to 33, section 60(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods for hire or reward if the vehicle is being used by virtue of a licence issued pursuant to the scheme adopted by Resolution of the Council of Ministers of Transport on 14th June 1973 and the licence is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn.
4
Regulations 8, 12, 14, 15, 16, 17, 19, 20, 21, 23, 27 and 29 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th December 1992 5


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust (Transfer of Trust Property) (No.2) Order 1992 and shall come into force on 27th November 1992.
2
In this Order:
“the Authority” means Liverpool Health Authority;
“the Trust” means the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust Property
2
On 27th November 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
28th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Electromagnetic Compatibility (Wireless Telegraphy Apparatus) Certification and Test Fees Regulations 1992 and shall come into force on 28th October 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus of a description mentioned or referred to in paragraph 4 of Schedule 6 to the EMC Regulations ;
“application” means an application for the issue of a technical report, a technical certificate or an EC type — examination certificate as the case may be and includes an application for the variation of the same;
“certification fee” shall be construed in accordance with regulation 5;
“certified apparatus” means apparatus in respect of which an EC type — examination certificate, a technical report or a technical certificate as the case may be has been issued;
“the EMC Regulations” means the Electromagnetic Compatibility Regulations 1992
“examination” means the supervision by an officer of a test carried out by a person other than an officer and inspection of apparatus;
“modification” means any change to certified apparatus which is effected by or on behalf of a person other than the manufacturer of that apparatus;
“officer” means a person engaged in testing on behalf of the Secretary of State;
“technical change” means any change to certified apparatus which affects or is capable of affecting the radio frequency characteristics of that apparatus which is effected by or on behalf of the manufacturer;
“test” includes examination;
“test fee” shall be construed in accordance with regulation 4; and
“variation” means a modification or a technical change.
2
For the purposes of these Regulations —
“EC type — examination certificate”, “technical certificate” and “technical report” shall have the meanings given respectively by the EMC Regulations.
3
For the purposes of these Regulations —
a
the setting up and dismantling of the apparatus tested and any other equipment required to conduct a test;
b
the analysis of test results;
c
the compiling of a test report; and
d
unpacking and repacking the apparatus tested,
shall be treated as part of the test.
4
For the purposes of these Regulations, “visit” means a continuous period of time during which an officer is reasonably absent from his work place for the purposes of conducting a test and includes the time spent in conducting the test, time reasonably spent in travel wholly undertaken for the purposes of a test wholly or partly conducted at a place other than the officer’s work place, any period in which overnight accommodation (including a berth on a boat or train) is reasonably occupied (an “overnight stay”) and any other rest periods reasonably taken whilst so absent.
5
In calculating an officer’s subsistence costs, a visit shall be divided into periods of time in the following order: —
a
each complete period of 24 hours (a “24 hour period”);
b
any —
i
single period of less than 24 hours; or
ii
period of less than 24 hours remaining after any 24 hour periods have been taken into account,
which includes an overnight stay (an “overnight period”);
c
where —
i
the visit does not involve an overnight stay; or
ii
the visit involves one or more 24 hour periods, but no overnight period is counted,
any period of —
aa
10 hours or more but less than 24 hours (a “day period”); or
bb
5 hours or more but less than 10 hours (a “half-day period”); and
d
any remaining period of less than 5 hours, which shall be disregarded.
6
In calculating a test fee or a variable fee, each period of time taken by each officer involved in conducting a test shall be counted separately, and the total for each officer be aggregated, and the aggregate for all officers involved divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded.
Application
3
These Regulations apply to the charging of fees for the purpose of determining an application and in respect of the testing of apparatus for that purpose conducted by the Secretary of State.
Test fees
4
1
This regulation applies to the charging of fees, “test fees”, in respect of the testing of apparatus conducted by the Secretary of State for the purpose of determining an application for the issue of a technical report or technical certificate or variation thereof.
2
The test fee shall be the sum of —
a
the amount calculated in accordance with Schedule 1 hereto; and
b
an amount equal to the value added tax chargeable on the supply of that testing.
3
For the purposes of this regulation, the value of the supply of testing by reference to which value added tax is chargeable shall be the amount calculated in accordance with Schedule 1 hereto.
Certification Fees
5
1
This regulation applies to the charging of fees, “certification fees”, in respect of the determination of an application for the issue of an EC type — examination certificate or the variation thereof by the Secretary of State including the charging of fees in respect of any testing carried out as part of that determination.
2
The certification fee, which is payable whether or not the application is granted, shall be the sum of —
a
the sum specified in relation to the type of application appearing in Schedule 2 hereto (“the fixed fee”); and
b
if the determination of an application includes a visit, the sum of —
i
an amount calculated in accordance with Schedule 3 hereto (“the variable fee”); and
ii
an amount equal to the value added tax chargeable on the supply of that testing.
3
For the purposes of this regulation, the value of the supply of testing by reference to which value added tax is chargeable shall be the variable fee.
Timing of payment of fees
6
1
Where a test fee is payable the Secretary of State shall —
a
on receipt of an application for a technical report or technical certificate or variation thereof, estimate in complete periods of 15 minutes the time to be taken in conducting the test and thereby estimate the amount to be payable in accordance with regulation 4 above, and s hall serve an invoice on the applicant for the amount so estimated, which shall thereupon be due and payable to the Secretary of State;
b
on completion of the test, the Secretary of State shall —
i
serve an invoice on the applicant for the final amount of the test fee, which shall thereupon, and before disclosure of the test report, be due and payable to the Secretary of State; or
ii
if the amount received under paragraph (1)(a) above exceeds the final amount of the test fee, repay the balance to the applicant.
2
Where a variable fee is payable the Secretary of State shall on completion of the visit notify the applicant of the amount of the variable fee which shall thereupon, and before disclosure and notification of the result of the application, be due and payable to the Secretary of State.
3
The fixed fee shall be due and payable on the making of the application.
E. Leigh
Parliamentary Under Secretary of State for Technology,
Department of Trade and Industry
5th October 1992
We consent to these Regulations
Tim Boswell
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
24th September 1992


text:
1
This Order may be cited as the Value Added Tax (Treatment of Transactions)(No.2) Order 1992, and shall come into force on 1st January 1993.
2
1
Where gold is supplied to a Central Bank by a supplier in another member State, and the transaction involves the removal of the gold from that or some other member State to the United Kingdom, the taking possession of the gold by the Central Bank concerned is not to be treated for the purposes of the Value Added Tax Act 1983 as the acquisition of goods from another member State.
2
For the purposes of this article, gold includes gold coins.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
These Regulations may be cited as the Value Added Tax (Repayment to Community Traders) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Repayment to Community Traders) Regulations 1980 shall be amended as follows.
3
In regulation 3, for “supplies made to him in the United Kingdom or on goods imported by him into” there shall be substituted “goods imported by him from a place outside the member States in respect of which no other relief is available or on supplies made to him in”.
4
At the beginning of sub-paragraph (ii) of regulation 4(b), there shall be inserted “goods and”.
5
In regulation 5, for “into the United Kingdom” there shall be substituted “from a place outside the member States”.
6
In regulation 8 —
a
in paragraph (1), after “importations” in the first place where that word occurs there shall be inserted “from a place outside the member States”; and
b
in paragraph (3), after “importations” there shall be inserted “from a place outside the member States”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
8th December 1992


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Cambridge City Council) Order 1992 and shall come into force on 29th June 1992.
2
The management of sports and leisure facilities by the Cambridge City Council shall not be treated as a defined activity so long as it is undertaken at the Parkside Pool, Gonville Place, Cambridge, before 1st January 1993.
Michael Howard
Secretary of State for the Environment
29th May 1992


text:
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1992 and shall come into force on 3rd August 1992.
2
1
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended as follows.
2
In the Table in regulation 13 —
a
for the entry in column (3) in items 2 and 3 there shall be substituted in each case “£54”, and
b
for the entry in column (3) in items 4, 6 and 7 there shall be substituted in each case “£180”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
6th July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the HIV Testing Kits and Services Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations unless the context otherwise requires —
a
any reference to sale or supply to a member of the public is a reference to sale or supply to a person otherwise than in the course of a business carried on by that person; and
b
“business” includes a professional practice and any activity carried on by a body of persons, whether corporate or unincorporate, and the provision of services under the National Health Service Act 1977 , or the National Health Service (Scotland) Act 1978 or the Health and Personal Social Services Order (Northern Ireland) Order 1972 .
Sale or supply of HIV testing kits
2
1
Subject to paragraph (2) of this regulation, a person who sells or supplies an HIV testing kit , or any component part of such a kit, to a member of the public shall be guilty of an offence.
2
A person shall not be guilty of an offence under paragraph (1) above if he proves that, after having exercised all due diligence, he had a reasonable belief that the person to whom he was selling or supplying the kit or component was acting in the course of a business carried on by that person.
Conditions for the sale or supply of kits
3
1
A person who sells or supplies to another an HIV testing kit which does not comply with the condition set out in paragraph (2) of this regulation shall be guilty of an offence.
2
The condition referred to in paragraph (1) of this regulation is that the kit is, at the time of sale or supply, accompanied by a notice which —
a
indicates that the kit must not be sold or supplied to a member of the public; and which
b
includes a warning that the result of a test which purports to have detected the presence of HIV or HIV antibodies (sometimes described as a “positive” result) should not be relied on unless confirmed by at least one other test result; and which
c
in the case of a kit for detecting the presence of HIV antibodies, includes a warning that the result of a test which has failed to detect their presence (sometimes described as a “negative” result) may not have detected recently acquired HIV, for which antibodies have not yet developed.
HIV testing services
4
1
Subject to paragraph (2) of this regulation, a person who provides another with HIV testing services shall be guilty of an offence, unless —
a
he is a registered medical practitioner; or
b
he provides the services in accordance with the directions of a registered medical practitioner; or
c
he provides the services as technical services, such as testing a sample of blood, —
i
in accordance with a request made by a registered medical practitioner, or
ii
for the purposes of detecting the presence of HIV or HIV antibodies in blood given for the purpose of being used for transfusions of blood (whether whole blood, plasma or other blood products).
2
A person shall not be guilty of an offence under paragraph (1) above if he proves that, after having exercised all due diligence, he had a reasonable belief that he was providing the services in the circumstances specified in sub-paragraph (b) or (c) of that paragraph.
Advertising HIV testing kits and services
5
1
Subject to paragraphs (3) and (4) of this regulation, a person who advertises HIV testing kits, or any component parts of such kits, for sale or supply to members of the public shall be guilty of an offence.
2
Subject to paragraphs (3), (4) and (5) of this regulation, a person who advertises the provision of HIV testing services without stating, in the advertisement, that the services will be provided only by or, as the case may be, in accordance with the directions of a registered medical practitioner shall be guilty of an offence.
3
A person whose business it is to publish or arrange for the publication of advertisements shall not be guilty of an offence under this regulation if he proves that he received the advertisement in the ordinary course of his business, that the content of the advertisement was not (wholly or in part) devised or selected by him or by any person under his direction or control and that he did not know and had no reason for believing that the publication of the advertisement would constitute an offence.
4
In any proceedings for an offence under this regulation it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
5
Paragraph (2) of this regulation (offence of advertising HIV testing services) shall not apply to the advertising of technical services the provision of which would meet the requirements of regulation 4(1)(c) of these Regulations.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
3rd March 1992


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Kilfinnan Burn) Water Order 1992 and shall come into force on 15th January 1992.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Kilfinnan Burn) Water Order 1992 Plan of Catchment Area” and “The Highland Regional Council (Kilfinnan Burn) Water Order 1992 Location Plan and Plans and Sections of Works Nos.1, 2, 3, 4 and 5”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of sections 2 and 10(3) and (4) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake pipe (Work No.5), take water from the stream known as the Kilfinnan Burn in the Lochaber District of the Highland Region.
5
1
During the construction of the works the Council may take from the said Kilfinnan Burn such water as they may require for such construction.
2
After the completion of the works the Council shall not —
a
take water from the said Kilfinnan Burn through the supply pipe (Work No.4) so as to reduce the rate of flow of water through the discharge pipe (Work No.3) below 170 cubic metres per day as measured through or over an approved gauge (part of Work No.2);
b
in any one day take from the said Kilfinnan Burn through the supply pipe (Work No.4) a quantity of water greater than 250 cubic metres as measured through or over an approved gauge (part of Work No.2).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
T. D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
8th January 1992


text:
1
1
This Order may be cited as the Milton Keynes Development Corporation (Transfer of Property and Dissolution) Order 1992 and shall come into force on 1st April 1992.
2
In this Order–
“ the Act ” means the New Towns Act 1981;
“the Corporation” means the Milton Keynes Development Corporation;
“the transfer date” means 1st April 1992.
2
It is directed that on the transfer date–
a
the property of the Corporation shall vest in the Commission for the New Towns; and
b
the Corporation shall cease to act except for the purposes of carrying out its functions under sections 67, 68 and 70 of the Act (annual accounts of development corporations, audit and reports) and taking such other steps as are necessary to wind up its affairs.
3
For the purpose of ensuring the satisfactory discharge of the functions remaining to the Corporation on and after the transfer date the Commission shall provide the Corporation with all the necessary facilities including, in particular, access to any books, papers or documents which immediately before the transfer date were the property of the Corporation.
4
Any property received by the Corporation on or after the transfer date shall be transferred by the Corporation to the Commission.
5
A period of ten years commencing on the transfer date is hereby specified as the period for which, by virtue of paragraph 3(4) of Schedule 10 to the Act, section 11 of the Act (which relates to the acquisition of land for highways) and, so far as they have effect for the purposes of that section, the other provisions of the Act shall continue to have effect in relation to the area of Milton Keynes New Town.
6
It is directed that the Corporation shall be dissolved on 30th June 1992.
Signed by authority of the Secretary of State
Mavis McDonald
An Under Secretary in the
Department of the Environment
5th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal London Homoeopathic Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal London Homoeopathic 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 Royal London Homoeopathic 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 The Royal London Homoeopathic Hospital, Gt. Ormond Street, London WC1N 3HL.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non — executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bloomsbury and Islington Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Bloomsbury and Islington 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 Bloomsbury and Islington Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
As from the date on which the Secretary of State notifies the County Council of Derbyshire that the new trunk roads are open for through traffic, the lengths of the A50 Trunk Road and the A516 Trunk Road described in Parts 1 and 2 of the Schedule to this Order, and shown by broad striped hatching on the deposited plan, shall cease to be trunk roads and the lengths described in Part 2 of that Schedule shall be classified as specified therein.
2
In this Order —
a
subject as mentioned in the Schedule all measurements of distance are measured along the route of the relevant highway;
b
i
“classified road”as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enact-ment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered HA10/EM 65 marked “The A564 Trunk Road Stoke — Derby Route (Foston — Hatton — Hilton Bypass) (Detrunking) Order 1992”, signed by authority of the Secret-ary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads”means the highways to be constructed by the Secretary of State in pursuance of the A564 Trunk Road Stoke — Derby Route (Foston — Hatton — Hilton Bypass and Slip Roads) Order 1992;
iv
“principal road”as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enact-ment and instrument which refers to highways classified by the Secretary of State;
v
“the A50 Trunk Road” means the Nottingham — Stoke-on-Trent Trunk Road (A50); and
vi
“the A516 Trunk Road” means the Nottingham — Stoke-on-Trent Trunk Road (A516).
3
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road Stoke — Derby Route (Foston — Hatton — Hilton Bypass) (Detrunking) Order1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) ( No. 2) Regulations 1992 and shall come into force on 5th October 1992.
2
In these Regulations —
a
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment of regulation 2 of the 1987 Regulations
2
In regulation 2(1) of the 1987 Regulations (interpretation) after the definition of “long tenancy” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
.
Amendment of regulation 8 of the 1987 Regulations
3
In regulation 8(2)(b)(ii) of the 1987 Regulations (eligible housing costs) for the words “board is available to the claimant” there shall be substituted the words —
any cooked or prepared food is made available to the claimant in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, and is made available for his consumption without any further charge to him
.
Amendment of regulation 26 of the 1987 Regulations
4
In regulation 26 of the 1987 Regulations (disregard of changes in tax, contributions etc. ) in paragraph (c) for the words from “Social Security Act” to the end of the paragraph there shall be substituted the words —
Social Security Contributions and Benefits Act 1992 or in the lower earnings limit or upper earnings limit for Class 1 contributions under that Act, the lower or upper limits applicable to Class 4 contributions under that Act or the amount specified in Section 11(4) of that Act (small earnings exception in relation to Class 2 contributions);
.
Amendment of regulation 29 of the 1987 Regulations
5
In regulation 29(4)(a) of the 1987 Regulations (calculation of net earnings of employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 32 of the 1987 Regulations
6
In regulation 32(1) of the 1987 Regulations (deduction of tax for self-employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 35 of the 1987 Regulations
7
In regulation 35(7)(a) of the 1987 Regulations (notional income) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year” there shall be inserted the words “, the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 43A of the 1987 Regulations
8
1
Regulation 43A of the 1987 Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (d) for the words “(notional capital).” there shall be substituted the words “(notional capital); and”;
b
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
where the claimant has also claimed disability working allowance, the amount of disability working allowance or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital) .
.
3
In paragraph (4) —
a
at the end of sub-paragraph (c) the word “and” shall be omitted;
b
at the end of sub-paragraph (d) for the words “obtained by 7.” there shall be substituted the words “obtained by 7; and”;
c
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
if the claimant would, but for regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital), have been entitled to disability working allowance or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 38(8)(a) of those Regulations (diminishing notional capital rule), which includes the last day of the relevant week, an amount equal to —
i
in a case where no disability working allowance is payable, the amount to which he would have been so entitled, or
ii
in any other case, the additional amount of disability working allowance to which he would have been so entitled.
.
Amendment of regulation 63 of the 1987 Regulations
9
In regulation 63(9) of the 1987 Regulations (non-dependant deductions) for the words “any attendance allowance or disability living allowance received by him” there shall be substituted the words —
a
any attendance allowance or disability living allowance received by him;
b
any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 33 (calculation of income other than earnings) would have been disregarded under paragraph 21 of Schedule 4 (income in kind); and
c
any payment which had his income fallen to be calculated under regulation 33 would have been disregarded under paragraph 34 of Schedule 4 (payments made under certain trusts and certain other payments) .
.
Amendment of regulation 73 of the 1987 Regulations
10
In regulation 73(3) of the 1987 Regulations (evidence and information) —
a
at the end of sub-paragraph (b) for the word “Fund.” there shall be substituted the word “Fund;”;
b
after sub-paragraph (b) there shall be added the following sub-paragraph —
c
a payment which is disregarded under regulation 63(9)(b) or (c) (income of non-dependant) other than a payment made under the Independent Living Fund.
.
Amendment of regulation 95 of the 1987 Regulations
11
In regulation 95(3) of the 1987 Regulations (withholding of benefit) there shall be inserted at the beginning the words “Except where regulation 96 (payment on death of the person entitled) applies,”.
Amendment of regulation 96 of the 1987 Regulations
12
1
Regulation 96 of the 1987 Regulations (payment on death of the person entitled) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) there shall be inserted at the beginning the words “Subject to paragraphs (3) and (5)” and after the words “entitled to an allowance” there shall be inserted the words “, including any payment withheld under regulation 95(1) or (2),”.
3
In paragraph (3) for the words “A payment under paragraph (1) may not be made unless” there shall be substituted the words “A payment under paragraph (1) or (5) shall not be made unless the landlord,”.
4
After paragraph (4) there shall be added the following paragraph —
5
Subject to paragraph (3), where the appropriate authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance was payable to his landlord in accordance with regulation 93 or 94, that authority shall pay to that landlord so much of that allowance as does not exceed the amount of rent outstanding at the date of the person’s death.
.
Amendment of Schedule 5 to the 1987 Regulations
13
In paragraph 10(a) of Schedule 5 to the 1987 Regulations (sum deposited with housing association) for the words “section 189(1)” there shall be substituted the words “section 1(1)”.
Amendment of regulation 2 of the 1989 Regulations
14
In regulation 2(1) of the 1989 Regulations (interpretation) after the definition of “lone parent” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
.
Amendment of regulation 17 of the 1989 Regulations
15
In regulation 17 of the 1989 Regulations (disregard of changes in tax, contributions etc.) in paragraph (c) for the words from “Social Security Act” to the end of the paragraph there shall be substituted the words —
Social Security Contributions and Benefits Act 1992 or in the lower earnings limit or upper earnings limit for Class 1 contributions under that Act, the lower or upper limits applicable to Class 4 contributions under that Act or the amount specified in section 11(4) of that Act (small earnings exception in relation to Class 2 contributions);
.
Amendment of regulation 19 of the 1989 Regulations
16
In regulation 19(4)(a) of the 1989 Regulations (calculation of net earnings of employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 22 of the 1989 Regulations
17
In regulation 22(1) of the 1989 Regulations (deduction of tax for self-employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 25 of the 1989 Regulations
18
In regulation 25(7)(a) of the 1989 Regulations (notional income) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year” there shall be inserted the words “, the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 33A of the 1989 Regulations
19
1
Regulation 33A of the 1989 Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (d) for the words “(notional capital).” there shall be substituted the words “(notional capital); and”;
b
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
where the claimant has also claimed disability working allowance, the amount of disability working allowance or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital) .
.
3
In paragraph (4) —
a
at the end of sub-paragraph (c) the word “and” shall be omitted;
b
at the end of sub-paragraph (d) for the words “obtained by 7.” there shall be substituted the words “obtained by 7; and”;
c
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
if the claimant would, but for regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital), have been entitled to disability working allowance or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 38(8)(a) of those Regulations (diminishing notional capital rule), which includes the last day of the relevant week, an amount equal to —
i
in a case where no disability working allowance is payable, the amount to which he would have been so entitled, or
ii
in any other case, the additional amount of disability working allowance to which he would have been so entitled.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
7th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Moray Health Services National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Moray Health Services 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 Moray Health Services 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 Dr Gray’s Hospital, Bilbohall Hospital and Spynie Hospital, all Elgin, Seafield Hospital, Buckie, Leanchoil Hospital, Forres, Turner Hospital, Keith, Stephen Hospital, Dufftown and Fleming Hospital, Aberlour, and establishments associated with these hospitals, including management of the facilities provided at and from these establishments, and also including the management of the 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 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Grampian 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 Grampian 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 Grampian 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
22nd December 1992


text:
1
This Order may be cited as the Highlands and Islands Development Board Dissolution Order 1992 and shall come into force on 20th July 1992.
2
The Highlands and Islands Development Board shall be dissolved on 21st July 1992.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
15th July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 and shall come into force on 1st July 1992.
Interpretation
2
1
In these Regulations —
“bivalve molluscs” means filter-feeding lamellibranch molluscs;
“the Commission Decision” means Commission Decision 92/92/ EEC , of 9th January 1992, laying down the requirements relating to equipment and structure of dispatch and purification centres for live bivalve molluscs, for which derogations may be granted pursuant to Articles 5 and 12 of the Council Directive;
“conditioning” means storage in tanks or any other installation containing clean seawater or in natural sites to remove sand, mud or slime;
“the Council Directive” means Council Directive 91/492/EEC , of 15th July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs;
“derogation” means the grant of a further period within which to comply fully with the conditions for the approval of dispatch centres and purification centres set out in Chapter IV of the Annex to the Council Directive, which conditions are set out in column (1) to the Schedule to these Regulations;
“dispatch centre” means any on-shore or off-shore installation for the reception, conditioning, washing, cleaning, grading or wrapping of live bivalve molluscs for human consumption;
“food authority” means an authority specified in regulation 6 as an authority which is to enforce and execute these Regulations;
“purification centre” means an establishment with tanks fed by naturally clean seawater or sea water that has been cleaned by appropriate treatment, in which live bivalve molluscs are placed for the time necessary to remove microbiological contamination, so making them fit for human consumption;
“relevant requirement” means, subject to paragraph (2), a condition set out in column (1) of the Schedule to these Regulations in respect of which there is an entry in column (2) of that Schedule which indicates that it is a condition in respect of which, in accordance with the Commission Decision, a derogation may be made.
2
For the purposes of these Regulations where there is in relation to a relevant requirement a limitation mentioned in column (2) of the Schedule, that requirement is a relevant requirement only to the extent indicated by that limitation.
3
In these Regulations —
a
a reference to a numbered regulation is a reference to the regulation in these Regulations which bears that number;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number.
4
In the Schedule to these Regulations —
a
a reference to the Annex is a reference to the Annex to the Council Directive;
b
a reference to a numbered Chapter is a reference to the Chapter which bears that number in the Annex;
c
a reference in a Chapter to a numbered section or point is a reference to the section or point which bears that number in that Chapter.
Approval of dispatch and purification centres
3
On and after 1st January 1993 no person shall operate any dispatch centre or purification centre unless it has been approved by the Secretary of State, and no such centre shall be so approved unless —
a
the Secretary of State is satisfied that it meets the requirements of the Council Directive; or
b
the Secretary of State is satisfied that it meets those requirements save in so far as there is in force in respect of it a derogation granted under regulation 5.
Method of applying for a derogation
4
1
The proprietor of a food business which consists of or includes the operation of a dispatch centre or purification centre which was operating either on the 31st December 1991 or on the last working day immediately before that date, may apply to the Secretary of State, before 1st July 1992, for a derogation.
2
An application for the purposes of paragraph (1) shall —
a
be made in writing;
b
specify in respect of which centre and which of the relevant requirements a derogation is sought; and
c
be accompanied by a plan of the work intended by the proprietor together with a timetable indicating the period within which the proprietor intends the dispatch or purification centre to comply with the relevant requirement the subject of the application for a derogation.
Method of determining an application for a derogation
5
1
After receiving an application for a derogation in respect of a centre which complies with the requirements of regulation 4 the Secretary of State shall send a copy of it to the food authority in whose area the centre is situated.
2
A food authority which receives a copy of an application sent pursuant to paragraph (1) shall invite the representations of the applicant and, after having regard to any such representations, shall send to the Secretary of State, within 12 weeks of receipt of the copy, a written assessment of the need for the derogation and of the suitability of the plan of the work and the timetable.
3
A food authority shall, at the same time as providing the written assessment to the Secretary of State, send a copy of it to the applicant, inviting him to send to the Secretary of State, within 4 weeks of the date on which the assessment was sent to the Secretary of State, his written observations on it.
4
After considering the assessment of the food authority and any observations made pursuant to the invitation mentioned in paragraph (3), the Secretary of State shall either grant or refuse the application for a derogation in respect of all or any of the requirements in respect of which a derogation was sought.
5
If an application for a derogation is granted the Secretary of State shall —
a
designate the premises and the relevant requirements in respect of which the derogation is granted;
b
specify the period of the derogation, which shall not in any case expire after 31st December 1995;
c
specify in the case of a derogation from the requirement in point 6 of Section II in the Schedule that the derogation shall apply only if and so long as any products intended for human consumption are not contaminated by waste or leakage from waste products; and
d
specify in the case of a derogation from the requirement in point 7 of Section II in the Schedule that the derogation shall apply only if and so long as the products referred to in that point are sheltered from the sun and the elements and from any source of dirt or contamination.
6
If an application is refused or is granted otherwise than in accordance with the application the Secretary of State shall give written notice to the applicant of the reasons for his decision.
7
The Secretary of State shall in all cases give written notice of his decision to both the applicant and the food authority which provided the assessment.
Enforcement and execution
6
1
Subject to paragraph (2), these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the Council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects each islands area or district in Scotland, by the islands or district Council; and
d
as respects the Isles of Scilly by the Council of the Isles of Scilly.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th June 1992.
John Selwyn Gummer
Minister of Agriculture Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
24th June 1992
David Hunt
Secretary of State for Wales
24th June 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992 and shall come into force —
a
for the purposes of regulations 4 and 5, on 18th December 1992;
b
for all other purposes, on 1st January 1993.
Interpretation
2
1
In these Regulations —
“the first Directive” means Council Directive 91/493/ EEC ( ), of 22nd July 1991, laying down the health conditions for the production and the placing on the market of fishery products;
“the second Directive” means Council Directive 92/48/EEC ( ), of 16th June 1992, laying down minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)
of the first Directive;
“additional hygiene conditions” means the additional hygiene conditions laid down in Annex II to the second Directive, which is set out in Part II of the Schedule to these Regulations, other than the condition specified in point 9 of that Annex;
“chilling” means any process of cooling fishery products to a temperature approaching that of melting ice;
“derogation” means the grant of a further period within which to comply fully with the relevant requirements;
“fishery products” means all seawater or freshwater animals or parts thereof, including their roes, but excluding aquatic mammals, frogs and aquatic animals covered by other Community acts;
“fishing vessel to which Article 1.2 of the second Directive applies” means a fishing vessel designed and equipped to preserve fishery products on board under satisfactory conditions for more than twenty-four hours, other than one equipped for keeping fish, shell fish and molluscs alive without other means of conservation on board;
“frozen product” means any fishery product which has undergone a freezing process;
“food authority” means an authority specified in regulation 8 as an authority which is to enforce and execute these Regulations;
“general hygiene conditions” means the conditions specified in Annex I to the second Directive, which is set out in Part I of the Schedule to these Regulations;
“prepared product” means any fishery product which has undergone an operation affecting its anatomical wholeness, such as gutting, heading, slicing, filleting or chopping;
“relevant requirements” means the requirements laid down in points 8(b) and (e) of Annex II to the second Directive.
2
In these Regulations —
a
a reference to a numbered regulation is a reference to the regulation in these Regulations which bears that number;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number.
Hygiene conditions for fishing vessels
3
1
No person shall carry out on a fishing vessel any commercial operation in relation to fishery products unless the general hygiene conditions are fulfilled in relation to that vessel and the operations carried out on it.
2
Subject to paragraph (3), no person shall carry out on a fishing vessel to which Article 1.2 of the second Directive applies any commercial operation in relation to fishery products unless the additional hygiene conditions are also fulfilled in relation to that vessel and the operations carried out on it.
3
The provisions of paragraph (2) do not apply in relation to a vessel and a relevant requirement in so far as a derogation is in force in respect of them, provided that the vessel and the fishery products handled on it meet such of the hygiene requirements of the first Directive as are applicable to them
.Application for a derogation
4
1
The proprietor of a food business which consists of or includes commercial operations with respect to fishery products carried out on a fishing vessel to which Article 1.2 of the second Directive applies may apply to the Secretary of State, before 31st December 1992, for a derogation.
2
An application for the purposes of paragraph (1) shall-
a
be made in writing;
b
specify the fishing vessel and the relevant requirements in respect of which a derogation is sought; and
c
be accompanied by a plan of the work intended by the proprietor together with a timetable indicating the period within which the proprietor intends that the relevant requirement the subject of the application for a derogation shall be met.
Method of determining an application for a derogation
5
1
After receiving an application, made in accordance with regulation 4, for a derogation in respect of a fishing vessel the Secretary of State shall send a copy of it to the food authority in whose area the fishing vessel is based.
2
A food authority which receives a copy of an application pursuant to paragraph (1) shall invite the representations of the applicant and, after having regard to any such representations, shall send to the Secretary of State, as soon as possible, a written assessment of the need for the derogation and of the suitability of the plan of the work and the timetable.
3
A food authority shall at the same time as providing the written assessment to the Secretary of State, send a copy of it to the applicant inviting him to send to the Secretary of State, within 8 weeks of the date on which the assessment was sent to the Secretary of State, his observations on it.
4
After considering the assessment of the food authority and any observations made pursuant to the invitation mentioned in paragraph (3), the Secretary of State shall either grant or refuse the application for a derogation in respect of all or any of the requirements in respect of which a derogation was sought.
5
Subject to paragraph (6) if an application for a derogation is granted the Secretary of State shall —
a
designate the fishing vessel and the relevant requirements in respect of which the der ogation is granted; and
b
specify the period of the derogation, which shall not in any case expire after 31st December 1995.
6
If an application is refused or is granted otherwise than in accordance with the application the Secretary of State shall give written notice to the applicant of the reasons for his decision.
7
The Secretary of State shall in all cases give written notice of his decision to both the applicant and the food authority which provided the assessment.
List of vessels
6
The Ministers shall be the competent authority for the purposes of point 9 of Annex II to the second Directive (list of vessels).
Offences etc
7
1
A person who contravenes regulation 3(1) or regulation 3(2) shall be guilty of an offence under these Regulations and be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of that Act and unless the context otherwise requires a reference in them to the Act shall be construed as a reference to these Regulations:
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. ofofficers);
section 36 (offences by bodies corporate).
Enforcement and execution
8
1
Subject to paragraph (2), these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the Council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects each islands area or district in Scotland, by the islands or district Council; and
d
as respects the Isles of Scilly by the Council of the Isles of Scilly.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984( ) to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897( ) to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).
Transitional provision
9
A person who has applied before 31st December 1992 for a derogation in respect of a fishing vessel which was, on 30th June 1992, normally used for fishing activities, shall, until the application is determined, be treated as having been granted a derogation in accordance with his application.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992.
(L.S.)
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under-Secretary of State,
10th December 1992
David Hunt
Secretary of State for Wales
10th December 1992
Hector Monro
Parliamentary Under-Secretary of State,
Scotish Office
11th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 5) Order 1992 and shall come into force on 19th October 1992.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on which train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in Part I of the Schedule to this Order.
2
Save as is mentioned in paragraph (3) below, sections 4 to 9 of the Act shall not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in Part I of the Schedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to —
a
any part of a train service provided by the Board on the lines so specified where that service commences at a station on a line which —
i
is specified in the Schedule to any other activating order, and
ii
is connected either directly, or by another line or lines of the description in sub-paragraph (i) above which are so connected, with a line specified in Part I of the Schedule to this Order;
b
any part of a train service provided by the Board on the lines specified in Part I of the Schedule to this Order where that service commences at a station on the line specified in Part II of the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
17th September 1992


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1992 and shall come into force on 8th April 1992.
2
In this Scheme —
“the operative date” means 8th April 1992;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ;
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
3
Expressions used in this Scheme and in the principal Scheme have the same meaning in this Scheme as they have in the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “10th April 1991” the date “8th April 1992”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made bofore the operative date.
Transitional provision relating to claims not made before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall —
a
in so far as it relates to the period from 10th April 1991 to 7th April 1992 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the oerative date; and
b
in so far as it relates to a period before 10th April 1991, be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate or rates in force for that period which correspnds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determmined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State
Department of Social Security
13th February 1992
We consent,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1992


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) (Amendment) Regulations 1992 and shall come into force on 1st November 1992.
Amendment
2
For Part III of Schedule 1 to the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990 there shall be substituted the following —
PART III
APPROPRIATE CHARGE FOR EXAMINATIONS FOR THE PRESENCE OF RESIDUES
(1) (2) Animal Appropriate charge per carcase ( ECU )
Bovine animals 0.531 Swine 0.142 Solipeds 0.443 Sheep and goats 0.027
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th September 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State for Health
1st October 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th September 1992
Wyn Roberts
Minister of State for Wales
29th September 1992