type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Gipsy Encampments (City and District of St. Albans) Order 1993 and shall come into force on 24th March 1993.
2
The area of the City and District of St. Albans is designated as an area to which section 10 of the Caravan Sites Act 1968 (prohibition of unauthorised camping in designated areas) applies.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
22nd February 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 and shall come into force on 1st November 1993.
2
In these Regulations references to sections and Schedules without more are references to sections of and Schedules to the Leasehold Reform, Housing and Urban Development Act 1993.
Procedure for collective enfranchisement
2
In a transaction undertaken to give effect to an initial notice the nominee purchaser, the reversioner and any relevant landlord shall, unless they otherwise agree, be bound by Schedule 1 to these Regulations.
Procedure for lease renewal
3
In a transaction undertaken to give effect to a tenant’s notice, the landlord and the tenant shall, unless they otherwise agree, be bound by Schedule 2 to these Regulations.
Notices
4
Any notice, statement, answer or document required or authorised to be given under these Regulations —
a
shall be in writing, and
b
may be sent by post.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
30th September 1993
John Redwood
Secretary of State for Wales
30th September 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA 10/EM 86 marked “The A6 Trunk Road (Great Glen Bypass) Order 1993”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the A6 Trunk Road.
5
This Order shall come into force on 14th September 1993 and may be cited as the A6 Trunk Road (Great Glen Bypass) Order 1993.
Signed by authority of the Secretary of State for Transport 12th August 1993
D.J. Morrison
Regional Director East Midlands Region
Department of Transport


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Term of Office of Members) Order 1993 and shall come into force on 1st April 1993.
2
In this Order “the Council” means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting.
Term of Office of Members of the Council
2
Appointment as a member of the Council shall be for a period of five years.
Revocation
3
The Nurses, Midwives and Health Visitors Act 1979 (Membership of Central Council) Order 1982 is hereby revoked.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
11th March 1993


text:
Citation and commencement
1
This Order may be cited as the Upper Spey and Associated Waters Protection (Renewal) Order 1993 and shall come into force on 6th January 1994.
Interpretation
2
In this Order–
“the 1982 Order ” means the Upper Spey and Associated Waters Protection Order 1982 ; and
“the 1991 Order ” means the Upper Spey and Associated Waters Protection (Renewal) Order 1991 .
Renewal of Order
3
The 1991 Order is hereby renewed.
Prohibition
4
During the period from 6th January 1994 to 6th October 1996, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1982 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
D R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th December 1993


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) Order 1993 and shall come into force on 1st January 1994.
2
Article 7(2)(g)(iv) of the Value Added Tax (Input Tax) Order 1992 shall be amended by —
deleting “who is not a taxable person on”, and
substituting “under an agreement which imposes a”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
1
These Regulations may be cited as the Sale of Registration Marks (Amendment) Regulations 1993, and shall come into force on 1st May 1993.
2
The Sale of Registration Marks Regulations 1989 are amended so that —
1
for regulation 2 there is substituted the following regulation
2
In respect of agreements made before 1st May 1993 the scheme set out in Schedule 1 to these Regulations shall have effect.In respect of agreements made on or after 1st May 1993 the scheme set out in Schedule 2 to these Regulations shall have effect.
;
2
in the heading to the Schedule, after the word “SCHEDULE” there is inserted the figure “1”, and after the words “THE SALE OF REGISTRATION MARKS SCHEME” there are inserted the words “BEFORE 1st MAY 1993”; and
3
after that Schedule there is added Schedule 2 as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
1st April 1993


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Libya (United Nations Sanctions) (Channel Islands) Order 1993 and shall come into force on 1st December 1993.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 31st March 1992 and 11th November 1993, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say:
“the 1992 Order ” means the Libya (United Nations Sanctions) (Channel Islands) Order 1992 ;
“Chief Revenue Officer” and “States Revenue Officer” —
shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
mean, in the application of this Order to the Bailiwick of Jersey, the Agent of the Impôts (including the Deputy Agent of the Impôts and any person duly authorised by the Agent of the Impôts);
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Libyan aircraft” means —
any aircraft registered in Libya, and
any other aircraft for the time being chartered to a person connected with Libya;
“person connected with Libya” means —
the Government of Libya;
any other person in, or resident in, Libya;
any body incorporated or constituted under the law of Libya;
any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (a) to (c) above; or
any person acting on behalf of any of the above-mentioned persons or bodies;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police force;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle;
“vessel” has the meaning it bears in the Export of Goods (Control) Order 1992 .
2
Any reference to a provision of an Act of Parliament shall, in the case of a provision which has been extended to the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, be construed as a reference to that provision as it has effect in the Bailiwick in question and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
Supply of certain goods to Libya
3
1
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall —
i
supply or deliver;
ii
agree to supply or deliver, or
iii
do any act calculated to promote the supply or delivery of,
any goods specified in Schedule 1 to this Order to or to the order of a person connected with Libya.
2
Nothing in paragraph (1)(ii) or (iii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article or article 4, or under the 1992 Order.
Exportation of certain goods to Libya
4
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
the goods specified in Schedule 1 to this Order are prohibited to be exported from any of the Channel Islands to any destination in Libya or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Libya.
Licensing arrangements for arms and oil industry equipment
5
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall assign or transfer to any person connected with Libya, or enter into any licensing agreement or other arrangement for the use by any person connected with Libya, of —
i
any copyright;
ii
any patent or application for a patent or any right in or under any patent;
iii
any registered design, industrial design or utility model;
iv
any design right or any document recording the design;
v
any trade mark or service mark; or
vi
any technical information or know-how,
for or in connection with the manufacture or maintenance of any goods specified in Part A or Part D of Schedule 1 to this Order.
Supply of certain technical advice, assistance or training
6
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall provide —
i
to a person connected with Libya, any technical advice, assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule 1 to this Order;
ii
to a Libyan national, any advice, assistance or training as an aircraft pilot, aircraft flight engineer or aircraft or ground maintenance engineer.
Servicing of aircraft
7
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall provide engineering or maintenance servicing for any Libyan aircraft or any other aircraft in Libya, or for any components of any such aircraft.
Insurance of Libyan aircraft
8
1
This article applies to any contract of insurance, other than a contract of re-insurance, upon any Libyan aircraft or upon the machinery, tackle, furniture or equipment of any such aircraft.
2
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall —
i
make payment in full or partial settlement of any claim under a contract of insurance to which this article applies, unless the claim is in respect of an incident occurring before the coming into force of the 1992 Order;
ii
effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this article applies.
Libyan Arab Airlines
9
1
No person mentioned in article 14 shall carry on any business, or establish or maintain any place of business, under the name of “Libyan Arab Airlines”.
2
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person —
i
mentioned in article 14 shall establish or maintain any place of business in connection with the carriage of persons or goods by air (whether to or from the Channel Islands or elsewhere) by any person connected with Libya;
ii
connected with Libya and mentioned in article 14 shall carry on any business of carrying persons or goods by air (whether to or from the Channel Islands or elsewhere).
3
Except under the authority of such a licence and without prejudice to the other provision of this Order, no person mentioned in article 14 shall —
a
enter into any new agreement or other arrangement with Libyan Arab Airlines;
b
agree to any variation or extension of any existing agreement or other arrangement with Libyan Arab Airlines;
c
make to or receive from Libyan Arab Airlines any payment, or do any other act, under or pursuant to an agreement or other arrangement between that person and Libyan Arab Airlines.
Aviation services
10
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall provide any engineering or other services to any person connected with Libya for the maintenance of any civil or military airfield in Libya, including any facilities and equipment on or associated with the airfield.
2
The provisions of this article do not apply to services for the maintenance of emergency equipment or equipment directly related to civilian air traffic control.
Making available of aircraft to Libya
11
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall enter into, agree to extend, or extend, any contract or other arrangement for the purpose of making available for operation in Libya any aircraft or aircraft components.
Assets of Libya
12
1
Except with permission granted by or on behalf of the Treasury, no person mentioned in article 14 shall —
a
make any payment or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
Subject to paragraph (4) below, this article applies to any action which is likely to make available, or otherwise to result in the remittance or transfer, to or for the benefit of any of the following persons —
a
the Government of Libya;
b
any persons or bodies exercising for the time being public functions in Libya; or
c
any Libyan undertaking,
any funds or other financial resources, whether by their removal from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or otherwise.
3
Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by, or on behalf of, the Treasury.
4
The provisions of this article shall not apply to any funds or other financial resources which represent amounts derived from or are otherwise attributable to the sale of petroleum or petroleum products or agricultural products or commodities originating in Libya and exported therefrom after 30th November 1993:
Provided that any such funds (but not other financial resources) are held in an account with a relevant institution in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey which is used exclusively for such funds and any interest derived from them.
5
In this article —
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 ;
b
“investments” means any asset, right, or interest falling within any paragraph of Part 1 of Schedule 1 to the Financial Services Act 1986 , which is not a security;
c
“Libyan undertaking” means any entity, wherever incorporated or constituted, which is controlled by —
i
the Government of Libya;
ii
any person or body exercising for the time being public functions in Libya; or
iii
any person acting on behalf of any of the above mentioned persons;
“petroleum” means a naturally occurring mixture including hydrocarbons;
“petroleum products” means any products, other than chemicals, which may be obtained by primary distillation or secondary refining from petroleum and includes natural gas, petroleum ether, solvents, benzene, naphtha, motor spirits (including aviation spirit), kerosenes (including jet fuel), heavy oils, fuel oils, lubricating oils, greases, petroleum jelly, paraffin wax and asphaltic bitumen;
“relevant institution” means —
a
in the application of this Order to the Bailiwick of Guernsey, a person registered under section 4 of the Protection of Depositors (Bailiwick of Guernsey) Ordinance, 1971, or a person who, although not so registered, may by virtue of section 1 B of that Ordinance lawfully carry on the business of accepting money for the purpose of investment on deposit; and
b
in the application of this Order to the Bailiwick of Jersey, a person registered under the Banking Business (Jersey) Law 1991 for the purpose of carrying on a deposit-taking business, or a person carrying on such a business within the meaning of Article 3 of that Law who is exempted from registration.
Bonds and indemnities
13
1
Except under the authority of a licence granted under this article or the 1992 Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person mentioned in article 14 shall —
i
make any payment to or to the order of any person to whom this article applies under or in respect of a bond to which this article applies;
ii
do any act for the purpose of obtaining payment, or make any payment, in respect of any right to indemnity in respect of any bond to which this article applies, where payment under the bond is, or if payment were to be made by a person referred to in article 14(1) would be, unlawful by virtue of sub-paragraph (i) above.
2
This article applies to the following persons —
a
the Government of Libya;
b
any persons or bodies exercising for the time being public functions in Libya;
c
any entity, wherever incorporated or constituted, which is controlled by —
i
the Government of Libya; or
ii
any person or body exercising for the time being public functions in Libya;
d
any Libyan national; and
e
any person acting on behalf of any of the persons mentioned in sub-paragraphs (a) to (d) above.
3
This article applies to any bond given in respect of a contract the performance of which is unlawful, wholly or in part, by virtue of this Order.
4
In this article —
a
“bond” means an agreement under which a person (“the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; and
b
“make any payment” means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means.
Application of articles 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13
14
1
The provisions of articles 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) to (14) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 5, 6, 7, 8, 9, 10, 11, 12 or 13 shall, in the Bailiwick in question, be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 3 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Libya.
4
In the case of proceedings for an offence in contravention of article 5 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the transaction in question was for transfer to, or the use of the right in question by, a person connected with Libya or that the right in question was to be transferred or used for or in connection with the manufacture or maintenance of goods specified in Part A or Part D, as the case may be, of Schedule 1 to this Order.
5
In the case of proceedings for an offence in contravention of article 6(i) it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a person connected with Libya or that it related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule 1 to this Order.
6
In the case of proceedings for an offence in contravention of article 6(ii) it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a Libyan national.
7
In the case of proceedings for an offence in contravention of article 7 in relation to a Libyan aircraft or component thereof it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the component was part of such an aircraft.
8
In the case of proceedings for an offence in contravention of article 8 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the machinery, tackle, furniture or equipment was part of such an aircraft.
9
In the case of proceedings for an offence in contravention of article 9(2)(i) it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with Libya.
10
In the case of proceedings for an offence in contravention of article 9(3) it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he had made any payment to or received any payment from Libyan Arab Airlines.
11
In the case of proceedings for an offence in contravention of article 10 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services were for the maintenance of an airfield in Libya or facilities and equipment on or associated with the airfield or that they were not for the maintenance of emergency equipment or equipment directly related to civilian air traffic control.
12
In the case of proceedings for an offence in contravention of article 11 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the purpose was to make available the aircraft or component for operation in Libya.
13
In the case of proceedings for an offence in contravention of article 13(1)(i), it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Libya; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.
14
In the case of proceedings for an offence in contravention of article 13(1)(ii), it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Libya; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:
Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.
Customs powers to demand evidence of destination which goods reach
15
Any exporter or any shipper of goods which have been exported from any of the Channel Islands shall, if so required by the Chief Revenue Officer, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order or the 1992 Order; or
b
a destination to which their exportation was not prohibited by this Order or the 1992 Order,
and if he fails to do so, he shall be guilty of an offence, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences etc.
16
1
If for the purpose of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence or permission granted by the Treasury, the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent —
by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence;
by or on behalf of the Treasury after the doing of the act with permission granted by or on behalf of the Treasury.
Declaration as to goods: powers of search
17
1
Any person who is about to leave any of the Channel Islands shall if he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined for Libya or for delivery, directly or indirectly, to or to the order of a person connected with Libya; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false and in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Obtaining of evidence and information
18
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs.
Penalties and proceedings
19
1
Any person guilty of an offence under article 14(2) shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 16(1) or (2) or article 17(3) shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
5
Any person guilty of an offence under article 15 or 17(2) shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, 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 that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than twelve months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in any of the Channel Islands having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
20
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee, or the Attorney General may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, the Finance and Economics Committee and the Attorney General shall be construed accordingly.
2
Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
21
1
Any provision of this Order which prohibits the doing of a thing except under the authority of any licence or with any permission shall not have effect in relation to any such thing done anywhere other than in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) above if it is done under the authority of a licence or with permission granted, in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order), by the authority competent in that behalf under that law.
22
The 1992 Order is revoked.
R. P. Bulling
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) Designation Order 1993 and shall come into force on 13th February 1993.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“fell” means land which is covered by semi-natural upland vegetation and is generally unenclosed except along ownership boundaries;
“grassland” means land on which the vegetation consists primarily of grass species;
“grazing unit” means an area of land on which stock management and numbers can be controlled by existing boundaries or by shepherding;
“heather fell” means fell comprised in a grazing unit where the area of heather vegetation is greater than 25 hectares or represents more than 25 per cent of the area of the unit;
“heather” means common heather ( Calluna vulgaris ) , and includes common heather growing in association with other ericaceous dwarf shrub species;
“inbye land” means enclosed grassland used for pasture or for the production of hay or silage which has not been ploughed or reseeded for at least ten years and which is subject to regular treatment with fertilisers;
“intake land” means enclosed land used exclusively for grazing, most of which has not been regularly ploughed, levelled, drained or reseeded or treated with fertilisers, lime, slag or pesticides;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep, or
1 soliped more than 6 months old;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer obtains approval for a grant either in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981 ;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Lake District in the County of Cumbria which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the Lake District environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates (except any woodland) at the following rates —
a
£10 per annum for each hectare of land other than inbye land, intake land, fell other than heather fell or heather fell;
b
£38 per annum for each hectare of inbye land;
c
£22 per annum for each hectare of intake land;
d
£25 per annum for each hectare of fell other than heather fell; and
e
£40 per annum for each hectare of heather fell.
2
Where an agreement includes the additional provisions specified in any of the options in Schedule 2 or in Schedule 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
£per hectare of land per annum
Schedule 2 Option 1 210 Option 2 100 Option 3 80 Option 4 62 Schedule 3 25
3
Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £3 for each 0.25 metres of renovated drystone or vertical slate wall per hectare, subject to a maximum of 1.5 metres of wall per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1, less any fell or heather fell.
4
Where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £100 per hectare, subject to a maximum of £4000 per agreement.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993.
We consent
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Birmingham Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northern Birmingham Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northern Birmingham Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Carnegie Centre, Hunter Road, Hockley, Birmingham B19 1DR and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Birmingham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The East Birmingham 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 East Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
1
This Order may be cited as the Hackney, Haringey and Islington (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Orderany reference to Hackney, to Haringey or to Islington is a reference to the London borough of that name;
“the map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Hackney, Haringey and Islington (London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
and any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers between Hackney and Haringey
3
1
The following areas of Hackney
i
the part of the New River ward marked A on map 3; and
ii
the part of the Northfield ward marked A on map 4
shall be transferred to Haringey, to the Seven Sisters ward, to the Enfield petty sessional area, and to the Northern London coroner’s district.
2
The following areas of Haringey
i
the part of the Seven Sisters ward marked B and C on map 4; and
ii
the part of the South Tottenham ward marked A on map 5
shall be transferred to Hackney, to the East Central petty sessional area and to the Inner North London coroner’s district. The area marked B and C on map 4 shall additionally be transferred to the Northfield ward, and the area marked A on map 5 to the Springfield ward.
Transfers between Hackney and Islington
4
1
The area marked A on map 2 shall be transferred from Islington, and from the St Peter ward to Hackney and to the Wenlock ward.
2
Each area which is described in column 1 of the following Table shall be transferred from Hackney to Islington, to the ward named in column 2.
TABLE
Transferred from Hackney — To Islington, and to the following ward —
The part of the Moorfields ward marked A on map 1 Bunhill The part of the Wenlock ward marked D on map 2 Canonbury East The part of the Wenlock ward marked B and C on map 2 St Peter
Town and Country Planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
27th May 1993


text:
Citation and commencement
1
These Regulations may be cited as the Rent Book (Forms of Notice) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of forms
2
The forms in the Schedule to the Rent Book (Forms of Notice) Regulations 1982 are amended as follows —
a
in paragraph 4 of the forms in Parts I, II , III and IV —
i
for “including/excluding rates” substitute —
“[**including council tax] [*** and including rates]”;
ii
add the following footnotes —
** Cross out if council tax is not payable to the landlord.
*** Cross out if rates are not payable to the landlord.
; and
iii
omit the note “† Cross out whichever does not apply.”;
b
in paragraph 5 of the forms in Parts I, II and III after “rates” insert “, but includes any council tax payable to the landlord”.
Michael Howard
Secretary of State for the Environment
11th March 1993
David Hunt
Secretary of State for Wales
11th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ravensbourne Priority Health National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 25th November 1993.
2
In this Order–
“the Authority” means Bromley Health Authority;
“the Trust” means the Ravensbourne Priority Health 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 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
26th October 1993


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income)(India) Order 1993.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of India with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of India;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of India concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Hospital Centre National Health Service Trust (Change of Name) Order 1993 and shall come into force on 19th March 1993.
2
In this Order unless the context otherwise requires —
“ the Order ” means the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992
“ the trust ” means the NHS trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the North Staffordshire Hospital National Health Service Trust instead of the North Staffordshire Hospital Centre National Health Service Trust and accordingly in article 1 of the Order in the definition of “the trust” and in article 2 of the Order the word “Centre” shall be omitted.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be regarded as invalidating any instrument (whether made before, on or after the day on which this Order is made which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th March 1993


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; (2)
i
“the deposited plan”means the plan numbered HA10/2E/339, marked “The A604 Trunk Road (Alconbury to A1 Improvement and Slip Roads) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the A604 Trunk Road.
4
This Order shall come into force on 14th December 1993 and may be cited as the A604 Trunk Road (Alconbury to A1 Improvement and Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
17th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Blood Authority Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations —
“appointing authority” means —
in relation to the Chairman and any non-officer member of the Authority , the Secretary of State; and
in relation to any officer member other than the chief officer , a committee of the Authority comprising the Chairman, non-officer members and chief officer;
“the Authority” means the National Blood Authority established by the Order ;
“Chairman” means the Chairman of the Authority;
“chief officer” means the chief officer of the Authority;
“member” means a member of the Authority other than the Chairman;
“non-officer member” and “officer member” mean, respectively, a member who is not, and one who is, an officer of the Authority;
“the Order” means the National Blood Authority (Establishment and Constitution) Order 1993 ;
“the 1990 Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 .
Appointment of Chairman and members
2
1
The Chairman and non-officer members shall be appointed by the Secretary of State.
2
The officer members other than the chief officer shall be appointed by a committee of the Authority comprising the Chairman, non-officer members and chief officer.
Tenure of office
3
Subject to regulation 4 of these Regulations and to provisions of the 1990 Regulations applied by these Regulations —
a
the term of office of the Chairman and of members other than the chief officer shall be for such period, not exceeding 4 years, as the appointing authority shall specify on making the appointment; and
b
the chief officer shall hold office as a member for so long as he remains the chief officer.
Termination of tenure of office
4
1
The Chairman, and any member other than the chief officer, may resign his office at any time during the period for which he was appointed, by giving notice in writing to the appointing authority which appointed him.
2
Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the Chairman, or a non-officer member, should continue to hold that office, she may forthwith terminate his term of office.
Eligibility for re-appointment
5
Subject to the provisions of the Order as to qualification, and to the provisions of the 1990 Regulations applied by these Regulations as they relate to disqualification, for appointment to the Authority, the Chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.
Application of Regulations relating to membership and procedure
6
1
Subject to paragraphs (2) and (3) of this regulation, the provisions of —
a
regulation 8 (termination of tenure, or suspension of officer member) of the 1990 Regulations;
b
regulation 11(2), (4), (5) and (6) (termination of non-officer member’s tenure of office), regulation 13(1)(a) to (e), (2) and (3) (disqualification for appointment) and regulation 14 (cessation of disqualification) of the 1990 Regulations; and
c
regulation 15 (appointment of vice-chairman), regulation 16 (powers of vice-chairman), regulation 17 (appointment of committees and sub-committees), regulation 18 (arrangements for the exercise of functions), regulation 19 (meetings and proceedings) and regulation 20 (disability on account of pecuniary interests) of, and Schedule 2 (rules as to meetings and proceedings) to, the 1990 Regulations;
shall apply as if any reference therein to an Authority included a reference to the Authority.
2
Regulation 8(1) and (2) of the 1990 Regulations shall not apply in the case of the chief officer.
3
The provisions of the 1990 Regulations referred to in paragraph (1)(b) of this regulation shall not apply in relation to officer members.
Reports by the Authority
7
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct, and shall furnish to the Secretary of State such information as she may from time to time require.
Amendment of the 1990 Regulations
8
In Schedule 3 to the 1990 Regulations (amendment of instruments relating to the membership and procedure of special health authorities), paragraph 2 shall be omitted.
Revocation
9
The Central Blood Laboratories Authority Regulations 1982 are hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Revenue Support Grant (Specified Bodies) (Amendment) Regulations 1993 and shall come into force on 22nd February 1993.
Amendment
2
In relation to any financial year beginning on or after 1st April 1993 regulation 3 of the Revenue Support Grant (Specified Bodies) Regulations 1992 is amended as follows —
a
paragraph (c) is omitted; and
b
in paragraph (h), after “Co-ordinating Body on”, there is inserted “Food and”.
Michael Howard
Secretary of State for the Environment
25th January 1993
David Hunt
Secretary of State for Wales
25th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and Holderness Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hull and Holderness Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Hull and Holderness Community Health National Health Service Trust.
Nature and functions of the trust
3
–
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Victoria House, Park Street, Hull HU2 8TD. and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Riding Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The East Riding 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 East Riding Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Travellers and Displaced Persons) Regulations 1993 and shall come into force on 1st April 1993.
Interpretation
2
1
In these Regulations —
“approved expenditure” means any expenditure which is approved pursuant to regulation 6;
“authority” means a local education authority;
“determine” means determine by notice in writing;
“grant” means a grant in pursuance of these Regulations; and
“institution” means an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 .
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Grants by the Secretary of State
3
1
The Secretary of State may pay grants to authorities or institutions in respect of expenditure, the classes or descriptions of which are specified in the Schedule to these Regulations, incurred or to be incurred by them in making provision the purpose (or main purpose) of which is to promote and facilitate the education of persons to whom these Regulations apply.
2
Grants shall only be payable in respect of expenditure so incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
3
Except as provided by paragraph (4), the classes or descriptions of expenditure specified in the Schedule to these Regulations relate to provision in respect of such persons to whom these Regulations apply as are referred to in paragraphs (a), (b) and (c) of regulation 4: provided that, in respect of such persons as are referred to in paragraph (c) of that regulation, such expenditure is not eligible for grant under section 11 of the Local Government Act 1966 .
4
The classes or descriptions of expenditure specified in paragraphs 3 and 4 of that Schedule relate to provision in respect of such persons to whom these Regulations apply as are referred to in paragraphs (a) and (b) of regulation 4.
5
Where any authority or institution have incurred expenditure which has been approved as provided in paragraph (2) but have done so in a way which appears to the Secretary of State to be inefficient or ineffective, he may, after consultation with the authority or institution, by notice in writing to that authority or institution —
a
withdraw his approval in respect of any expenditure which he has so approved and which has not been incurred by them before the date of such notice; and
b
specify a period, reasonable in the circumstances, up to the end of which grant will be payable in respect of any expenditure incurred by them before the end of that period in consequence of contractual obligations arising before the date of such notice.
Persons to whom Regulations apply
4
These Regulations apply to a person if —
a
by reason of his way of life or, in the case of a child, his parent’s way of life he either has no fixed abode or leaves his main abode to live elsewhere for significant periods in each year;
b
he fell within paragraph (a) above within a period of two years immediately preceding the making of the provision in question; or
c
he is for the time being resident in a camp or other accommodation or establishment provided for refugees or for displaced or similar persons.
Rate of grant
5
Grants paid in respect of any expenditure which is approved as provided in regulation 3 shall be payable at the rate of 75 per cent of the expenditure so approved.
Requirements and conditions for payment of grant
6
1
It shall be a requirement for the payment of grant to any authority or institution that the authority or institution shall have submitted to the Secretary of State for his approval proposals for expenditure to be incurred by them —
a
in such form,
b
at such time, and
c
containing such particulars of expenditure which the authority or institution propose to incur, as the Secretary of State may determine.
2
The said proposals shall contain such particulars of any expenditure which the authority or institution propose to incur but on which the authority or institution do not propose to apply for grant, as the Secretary of State may determine.
7
1
No payment of grant shall be made except in response to an application in writing from an authority or institution to the Secretary of State, authenticated by the officer of the authority or institution responsible for the administration of their financial affairs or his deputy.
2
An application for the payment of grant shall relate to expenditure over one or more quarters and shall specify the approved expenditure in respect of which grant is applied for which it is estimated has been or will be incurred by the authority or institution during each quarter, but no application shall be made in respect of expenditure over a quarter beginning after the date of the application.
3
Where an application relating to approved expenditure which it is estimated has been or will be incurred during the quarter commencing on 1st January in any year is submitted on or before 5th March in that year such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (4)(a).
4
Each authority or institution that have received or seek to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the quarter commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State an application which shall specify the approved expenditure in respect of which grant has been or is being applied for and which has been incurred by the authority or institution during that year; and
b
secure the submission to the Secretary of State of a certificate, signed, in the case of an authority, by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 , and, in the case of an institution, by the auditor appointed by the institution to audit the accounts of the institution, certifying that in his opinion the particulars stated in the application submitted by the authority or institution pursuant to this paragraph are fairly stated and that grant applied for is properly payable pursuant to these Regulations.
5
No payment of grant shall be made in respect of expenditure by an authority or institution incurred in the quarter beginning on 1st October in any year or any subsequent quarter, if grant was paid to the authority or institution in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not received the auditor’s certificate referred to in paragraph (4) for that year.
6
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (4) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the authority or institution, be adjusted by payment between the authority or institution and the Secretary of State.
7
In this regulation a “quarter” means a period of three calendar months commencing on 1st January, 1st April, 1st July or 1st October in any year.
Further conditions
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation, then, unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3), no grant shall be payable; and, in addition, where such conditions have neither been so fulfilled nor withdrawn, the Secretary of State, by notice in writing to the authority or institution concerned, may withdraw his approval in respect of any expenditure which he has approved and which has not yet been incurred by them.
3
The Secretary of State may determine to withdraw or, after consulting the authority or institution, vary conditions determined in pursuance of this regulation.
Requirements to be complied with
9
Any authority or institution to whom a payment of grant has been made shall, if so requested by the Secretary of State, furnish him with such information as may be determined by him to enable him to verify that any grant paid has been paid pursuant to these Regulations.
10
Any authority or institution to whom a payment of grant has been made shall comply with such requirements (including requirements for the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be determined by the Secretary of State in the case in question.
Revocation and transitional provisions
11
The Education (Grants) (Travellers and Displaced Persons) Regulations 1990 and the Education (Grants) (Travellers and Displaced Persons) (Amendment) Regulations 1991 are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred before 1st April 1993, or affect any condition or requirement determined by or in accordance with any of the Regulations so revoked.


text:
Title, commencement and scope
1
1
These Regulations may be cited as the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 1993 and shall come into force on 5th May 1993.
2
The Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991 (“the principal Regulations”) shall be amended in accordance with the following regulations.
Amendment of the principal Regulations
2
In regulation 2 (interpretation) —
a
in paragraph (1) for sub-paragraph (a) of the definition of “food authority” there shall be substituted —
a
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
;
b
for the definition of “veterinary medicinal product” there shall be substituted–
“veterinary medicinal product” has the same meaning as in the Medicines (Restriction on the Administration of Veterinary Medicinal Products) Regulations 1983 ; except that it includes —
a
medicinal additives for feedingstuffs to which the provisions of Council Directive 70/524/ EEC apply;
b
medicated feedingstuffs; and
c
vaccines, toxins or serums;
;
c
in paragraph (2) after the words “for the purposes of these regulations,” there shall be inserted the words “the presence of”.
3
In regulation 15(5) (notice on completion of examination) for the words “prohibiting the sale or slaughter of any animal” there shall be substituted the words “prohibiting the slaughter of any animal”.
4
In regulation 20 (keeping and retention of records) —
a
at the end of paragraph (1) there shall be added the following sentence —
Such a record shall be made within 72 hours of the administration of any veterinary medicinal product to any animal and shall be in a permanent and legible form.
;
b
at the end of paragraph (2) there shall be added the following sentence —
Such record shall be made within 72 hours of the slaughter of any animal and shall be in a permanent and legible form.
.
5
In regulation 22(3) (application and modification of provisions of the Food Safety Act 1990) for the words “shall apply to these Regulations” there shall be substituted the words “shall apply for the purposes of these Regulations”.
6
At the end of the table in Schedule 1 (Maximum Residue Limits) there shall be added —
(1) (2) (3) (4) Substance Maximum residue limit Part of the animal Indicator residue
Tylosin 100 μg/ kg
Muscle
Liver
Kidney
Tylosin Albendazole 100 μg/kg
Muscle
Fat
Sum of albendazole and metabolites which are measured as 2-amino-benzimidazole sulphone 500 μg/kg Kidney 1000 μg/kg Liver Thiabendazole 100 μg/kg
Muscle
Liver
Fat
Kidney
Sum of thiabendazole and 5-hydroxythiabendazole Amitraz 50 μg/kg Muscle Sum of amitraz and metabolites which are measured as 2.4-dimethylaniline 200 μg/kg
Kidney
Liver
Dicloxacillin 300 μg/kg
Muscle
Liver
Fat
Kidney
Dicloxacillin Spiramycin 300 μg/kg Liver Spiramycin 200 μg/kg Kidney 50 μg/kg Muscle
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd March 1993
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 for Health
25th March 1993
Hector Monro
Parliamentary Under Secretary of State for Scotland
23rd March 1993
David Hunt
Secretary of State for Wales
30th March 1993


text:
Citation and commencement
1
This Order may be cited as the Dumfries and Galloway and Strathclyde Regions and Cumnock and Doon Valley and Stewartry Districts (Loch Doon) Boundaries Amendment Order 1993, and shall come into force on 1st April 1993.
Interpretation
2
In this Order: —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regula tions 1977 ; and
“boundary map” means the map prepared by The Scottish Office marked “The Dumfries and Galloway and Strathclyde Regions and Cumnock and Doon Valley and Stewartry Districts (Loch Doon) Boundaries Amendment Order 1993” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a regional boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of 1977 Regulations
3
Save insofar as they can have no application to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of this Order.
Area change
4
That part of Stewartry District, comprising land in the vicinity of the property known as Loch Head Cottage and an area of ground at Loch Doon in Dumfries and Galloway Region, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Cumnock and Doon Valley District in Strathclyde Region.
Consequential changes in electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order) —
a
shall cease to form part of electoral division 11 (Stewartry North) of Dumfries and Galloway Region and ward 7 (Glenkens) of Stewartry District ; and
b
shall form part of electoral division 103 (New Cumnock and Doon Valley) of Strathclyde Region and ward 7 (Dalmellington) of Cumnock and Doon Valley District .
Allan Stewart
Parliamentary Under Secretary of State, The Scottish Office
St Andrew’s House,
Edinburgh
8th March 1993


text:
Citation and commencement
1
This Order may be cited as the Liverpool Housing Action Trust (Area and Constitution) Order 1993 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the 42 maps each entitled “Map referred to in the Liverpool Housing Action Trust (Area and Constitution) Order 1993”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the City of Liverpool.
Designation of housing action trust area
3
The area comprising the 44 parcels of land shown on the map bounded externally by a black line and edged internally with a stippled band is hereby designated as a housing action trust area.
Establishment of the Liverpool Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the Liverpool Housing Action Trust.
Michael Howard
Secretary of State for the Environment
7th February 1993


text:
Citation and commencement
1
This Order may be cited as the Durham and Tyne and Wear (County and District Boundaries) (Variation) Order 1993, and shall come into force on 1st April 1994.
Variations in respect of metropolitan borough wards
2
1
The Durham and Tyne and Wear (County and District Boundaries) Order 1992 shall be varied as provided in paragraphs (2) and (3).
2
For the Table in article 5(1), there shall be substituted the following
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Gateshead,and from the following ward — To South Tyneside and the following ward —
A & C 2 Pelaw and Heworth Hebburn Quay C1 & D 2 Pelaw and Heworth Hebburn South A 3 Wrekendyke Fellgate and Hedworth
3
For map 2 of the maps marked “Maps of the Durham and Tyne and Wear (County and District Boundaries) Order 1992”, there shall be substituted the map prepared by the Department of the Environment marked “Map of the Durham and Tyne and Wear (County and District Boundaries) (Variation) Order 1993” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976 .
Signed by authority of the Secretary of State for the Environment.
Tony Baldry
Parliamentary Under-Secretary of State,
Department of the Environment
13th December 1993