text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Child Support Act 1991;
“claimant” means a claimant for income support;
“ Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“council tax benefit” has the same meaning as in the Local Government Finance Act 1992 ;
“course of advanced education” means
a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a Diploma of Higher Education, a higher national diploma, a higher national diploma or higher national certificate of the Business and Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or
any other full-time course which is a course of a standard above that of an ordinary national diploma, a national diploma or national certificate of the Business and Technician Education Council or the Scottish Vocational Education Council, the advanced level of the General Certificate of Education, a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
“covenant income” means the gross income payable to a student under a Deed of Covenant by a parent;
“day” includes any part of a day;
“day to day care” means care of not less than 2 nights per week on average during —
the 12 month period ending with the relevant week; or
such other period, ending with the relevant week, as in the opinion of the child support officer is more representative of the current arrangements for the care of the child in question;
and for the purposes of this definition, where a child is a boarder at a boarding school or is an in-patient in a hospital, the person who, but for those circumstances, would otherwise provide day to day care of the child, shall be treated as providing day to day care during the periods in question.
“disability working allowance” has the same meaning as in section 129 of the Contributions and Benefits Act;
“earnings” has the meaning assigned to it by paragraph 1 or 3, as the case may be, of Schedule 1;
“effective date” means the date on which a maintenance assessment takes effect for the purposes of the Act;
“eligible housing costs” shall be construed in accordance with Schedule 3;
“employed earner” has the same meaning as in section 2(1)(a) of the Contributions and Benefits Act;
“family” means —
a married or unmarried couple (including the members of a polygamous marriage) and any child or children living with them for whom at least one member of that couple has day to day care;
where a person who is not a member of a married or unmarried couple has day to day care of a child, that person and any such child or children;
and for the purposes of this definition a person shall not be treated as having day to day care of a child who is a member of that person’s household where the child in question is being looked after by a local authority within the meaning of section 22 of the Children Act 1989 or, in Scotland, where the child is boarded out with that person by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968 ;
“grant” means any kind of educational grant or award and includes any scholarship, exhibition, allowance or bursary but does not include a payment made under section 100 of the Education Act 1944 or section 73 of the Education (Scotland) Act 1980 ;
“grant contribution” means any amount which a Minister of the Crown or an education authority treats as properly payable by another person when assessing the amount of a student’s grant and by which that amount is, as a consequence, reduced;
“home” means —
the dwelling in which a person and any family of his normally live; or
if he or they normally live in more than one home, the principal home of that person and any family of his,
and for the purpose of determining the principal home in which a person normally lives no regard shall be had to residence in a residential care home or a nursing home during a period which does not exceed 52 weeks or, where it appears to the child support officer that the person will return to his principal home after that period has expired, such longer period as that officer considers reasonable to allow for the return of that person to that home;
“housing benefit” has the same meaning as in section 130 of the Contributions and Benefits Act;
“ Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“ Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“ Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“married couple” means a man and a woman who are married to each other and are members of the same household;
“non-dependant”means a person who is a non-dependant for the purposes of either —
regulation 3 of the Income Support Regulations; or
regulation 3 of the Housing Benefit Regulations,
or who would be a non-dependant for those purposes if another member of the household in which he is living were entitled to income support or housing benefit as the case may be;
“nursing home” has the same meaning as in regulation 19(3) of the Income Support Regulations;
“occupational pension scheme” has the same meaning as in section 66(1) of the Social Security Pensions Act 1975 ;
“ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;
“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;
“partner” means —
in relation to a member of a married or unmarried couple who are living together, the other member of that couple;
in relation to a member of a polygamous marriage, any other member of that marriage with whom he lives;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a young offender institution within the meaning of the Criminal Justice Act 1982 as amended by the Criminal Justice Act 1988 ) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 ;
“person” does not include a local authority;
“personal pension scheme” has the same meaning as in section 84(1) of the Social Security Act 1986 and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and in respect of which any ceremony of marriage took place under the law of a country which at the time of that ceremony permitted polygamy;
“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 ;
“relevant child” means a child of an absent parent or a parent with care who is a member of the same family as that parent;
“relevant Schedule” means Schedule 2 to the Income Support Regulations (income support applicable amounts);
“relevant week” means —
in relation to an application for child support maintenance —
in the case of the person making the application, the period of 7 days immediately preceding the date on which the appropriate maintenance assessment application form is submitted to the Secretary of State;
in the case of a person to whom a maintenance assessment enquiry form is given or sent as a result of such application, the period of 7 days immediately preceding the date on which that form is to be treated as given or sent under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;
in relation to a review of a maintenance assessment under section 16 or 17 of the Act, the period of 7 days immediately preceding the date on which a maintenance assessment review enquiry form given or sent to the person in question is to be treated as having been given or sent under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;
“residential care home” has the same meaning as in regulation 19(3) of the Income Support Regulations;
“retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium;
“self-employed earner” has the same meaning as in section 2(1)(b) of the Contributions and Benefits Act;
“student” means a person, other than a person in receipt of a training allowance, who is aged less than 19 and attending a full-time course of advanced education or who is aged 19 or over and attending a full-time course of study at an educational establishment; and for the purposes of this definition —
a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the last day of the course or such earlier date as he abandons it or is dismissed from it;
a person on a sandwich course (within the meaning of paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1988 ) shall be treated as attending a full-time course of advanced education or, as the case may be, of study;
“student loan” means a loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 ;
“the Independent Living Fund” means the charitable trust of that name established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;
“training allowance” has the same meaning as in regulation 2 of the Income Support Regulations;
“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife;
“weekly council tax” means the annual amount of the council tax in question payable in respect of the year in which the effective date falls, divided by 52;
“year” means a period of 52 weeks;
“youth training” means —
arrangements made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ; or
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces);
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered Schedule is to the Schedule to these Regulations bearing that number;
c
to a numbered regulation is to the regulation in these Regulations bearing that number;
d
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
e
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
4
The regulations in Part II and the provisions of the Schedules to these Regulations are subject to the regulations relating to special cases in Part III.
PART II
CALCULATION OR ESTIMATION OF CHILD SUPPORT MAINTENANCE
Calculation or estimation of amounts
2
1
Where any amount falls to be taken into account for the purposes of these Regulations, it shall be calculated or estimated as a weekly amount and, except where the context otherwise requires, any reference to such an amount shall be construed accordingly.
2
Subject to regulation 13(2), where any calculation made under these Regulations results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.
3
A child support officer shall calculate the amounts to be taken into account for the purposes of these Regulations by reference, as the case may be, to the dates, weeks, months or other periods specified herein provided that if he becomes aware of a material change of circumstances occurring after such date, week, month or other period but before the effective date, he shall take that change of circumstances into account.
Calculation of AG
3
1
The amounts to be taken into account for the purposes of calculating AG in the formula set out in paragraph 1(2) of Schedule 1 to the Act are —
a
with respect to each qualifying child, an amount equal to the amount specified in column (2) of paragraph 2 of the relevant Schedule for a person of the same age (income support personal allowance for child or young person);
b
with respect to a person with care of a qualifying child aged less than 16, an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);
c
an amount equal to the amount specified in paragraph 3 of the relevant Schedule (income support family premium);
d
where the person with care of the qualifying child or children has no partner, an amount equal to the amount specified in paragraph 15(1) of the relevant Schedule (income support lone parent premium).
2
The amounts referred to in paragraph (1) shall be the amounts applicable at the effective date.
Basic rate of child benefit
4
For the purposes of paragraph 1(4) of Schedule 1 to the Act “basic rate” means the rate of child benefit which is specified in regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (rates of child benefit) applicable to the child in question at the effective date.
The general rule
5
For the purposes of paragraph 2(1) of Schedule 1 to the Act —
a
the value of C, otherwise than in a case where the other parent is the person with care, is nil; and
b
the value of P is 0.5.
The additional element
6
1
For the purposes of the formula in paragraph 4(1) of Schedule 1 to the Act, the value of R is 0.25.
2
For the purposes of the alternative formula in paragraph 4(3) of Schedule 1 to the Act —
a
the value of Z is 3;
b
the amount for the purposes of paragraph (b) of the definition of Q is the same as the amount specified in regulation 3(1)(c) (income support family premium) in respect of each qualifying child.
Net income: calculation or estimation of N
7
1
Subject to the following provisions of this regulation, for the purposes of the formula in paragraph 5(1) of Schedule 1 to the Act, the amount of N (net income of absent parent) shall be the aggregate of the following amounts —
a
the amount, determined in accordance with Part I of Schedule 1, of any earnings of the absent parent;
b
the amount, determined in accordance with Part II of Schedule 1, of any benefit payments under the Contributions and Benefits Act paid to or in respect of the absent parent;
c
the amount, determined in accordance with Part III of Schedule 1, of any other income of the absent parent;
d
the amount, determined in accordance with Part IV of Schedule 1, of any income of a relevant child which is treated as the income of the absent parent;
e
any amount, determined in accordance with Part V of Schedule 1, which is treated as the income of the absent parent.
2
Any amounts referred to in Schedule 2 shall be disregarded.
3
Where an absent parent’s income consists —
a
only of a youth training allowance; or
b
in the case of a student, only of grant, an amount paid in respect of grant contribution or student loan or any combination thereof; or
c
only of prisoner’s pay,
then for the purposes of determining N such income shall be disregarded.
4
Where a parent and any other person are beneficially entitled to any income but the shares of their respective entitlements are not ascertainable the child support officer shall estimate their respective entitlements having regard to such information as is available but where sufficient information on which to base an estimate is not available the parent and that other person shall be treated as entitled to that income in equal shares.
5
Where any income normally received at regular intervals has not been received it shall, if it is due to be paid and there are reasonable grounds for believing it will be received, be treated as if it had been received.
Net income: calculation or estimation of M
8
For the purposes of paragraph 5(2) of Schedule 1 to the Act, the amount of M (net income of the parent with care) shall be calculated in the same way as N is calculated under regulation 7 but as if references to the absent parent were references to the parent with care.
Exempt income: calculation or estimation of E
9
1
For the purposes of paragraph 5(1) of Schedule 1 to the Act, the amount of E (exempt income of absent parent) shall, subject to paragraphs (3) and (4), be the aggregate of the following amounts —
a
an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);
b
an amount in respect of housing costs determined in accordance with regulations 14 to 18;
c
where —
i
the absent parent is the parent of a relevant child; and
ii
if he were a claimant, the condition in paragraph 8 of the relevant Schedule (income support lone parent premium) would be satisfied but the conditions referred to in sub-paragraph (1)(d) would not be satisfied;
an amount equal to the amount specified in column (2) of paragraph 15(1) of that Schedule (income support lone parent premium);
d
where, if the parent were a claimant aged less than 60, the conditions inparagraph 11 of the relevant Schedule (income support disability premium) would be satisfied in respect of him, an amount equal to the amount specified in column (2) of paragraph 15(4)(a) of that Schedule (income support disability premium);
e
where —
i
if the parent were a claimant, the conditions in paragraph 13 of the relevant Schedule (income support severe disability premium) would be satisfied, an amount equal to the amount specified in column (2) of paragraph 15(5)(a) of that Schedule (except that no such amount shall be taken into account in the case of an absent parent in respect of whom an invalid care allowance under section 70 of the Contributions and Benefits Act is payable to some other person);
ii
if the parent were a claimant, the conditions in paragraph 14ZA of the relevant Schedule (income support carer premium) would be satisfied in respect of him, an amount equal to the amount specified in column (2) of paragraph 15(7) of that Schedule;
f
where, if the parent were a claimant, the conditions in paragraph 3 of the relevant Schedule (income support family premium) would be satisfied in respect of a relevant child of that parent, the amount specified in that paragraph or, where those conditions would be satisfied only by virtue of the case being one to which paragraph (2) applies, half that amount;
g
in respect of each relevant child —
i
an amount equal to the amount of the personal allowance for that child, specified in column (2) of paragraph 2 of the relevant Schedule (income support personal allowance) or, where paragraph (2) applies, half that amount;
ii
if the conditions set out in paragraph 14(b) and (c) of the relevant Schedule (income support disabled child premium) are satisfied in respect of that child, an amount equal to the amount specified in column (2) of paragraph 15(6) of the relevant Schedule or, where paragraph (2) applies, half that amount;
h
where the absent parent in question or his partner is living in —
i
accommodation provided under Part III of the National Assistance Act 1948 ;
ii
accommodation provided under paragraphs 1 and 2 of Schedule 8 to the National Health Service Act 1977 ; or
iii
a nursing home or residential care home,
the amount of the fees paid in respect of the occupation of that accommodation or, as the case may be, that home.
2
This paragraph applies where —
a
the absent parent has a partner;
b
the absent parent and the partner are parents of the same relevant child; and
c
the income of the partner, calculated under regulation 7(1) as if that partner were an absent parent to whom that regulation applied, exceeds the aggregate of —
i
the amount specified in column 2 of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25);
ii
half the amount of the personal allowance for that child specified incolumn (2) of paragraph 2 of the relevant Schedule (income support personal allowance);
iii
half the amount of any income support disabled child premium specified in column (2) of paragraph 15(6) of that Schedule in respect of that child;
iv
half the amount of any income support family premium specified inparagraph 3 of the Schedule except where such premium is payable irrespective of that child; and
v
the amount by which the housing costs of the absent parent, calculated in accordance with these Regulations, have been reduced by an apportionment under regulation 17.
3
Where an absent parent does not have day to day care of any relevant child for7 nights each week but does have day to day care of one or more such children for fewer than 7 nights each week, any amounts to be taken into account under sub-paragraphs (1)(c) and (f) shall be reduced so that they bear the same proportion to the amounts referred to in those sub-paragraphs as the average number of nights each week in respect of which such care is provided has to 7.
4
Where an absent parent has day to day care of a relevant child for fewer than 7 nights each week, any amounts to be taken into account under sub-paragraph (1)(g) in respect of such a child shall be reduced so that they bear the same proportion to the amounts referred to in that sub-paragraph as the average number of nights each week in respect of which such care is provided has to 7.
5
The amounts referred to in paragraph (1) are the amounts applicable at the effective date.
Exempt income: calculation or estimation of F
10
For the purposes of paragraph 5(2) of Schedule 1 to the Act, the amount of F (exempt income of parent with care) shall be calculated in the same way as E is calculated under regulation 9 but as if references to the absent parent were references to the parent with care.
Protected income
11
1
For the purposes of paragraph 6 of Schedule 1 to the Act the protected income level of an absent parent shall, subject to paragraphs (3) and (4), be the aggregate of the following amounts —
a
where —
i
the absent parent does not have a partner, an amount equal to the amount specified in column (2) of paragraph 1(1)(e) of the relevant Schedule (income support personal allowance for a single claimant aged not less than 25 years);
ii
the absent parent has a partner, an amount equal to the amount specified in column (2) of paragraph 1(3)(c) of the relevant Schedule (income support personal allowance for a couple where both members are aged not less than 18 years);
iii
the absent parent is a member of a polygamous marriage, an amount in respect of himself and one of his partners, equal to the amount specified in sub-paragraph (ii) and, in respect of each of his other partners, an amount equal to the difference between the amounts specified in sub-paragraph (ii) and sub-paragraph (i);
b
an amount in respect of housing costs determined in accordance with regulations 14, 15, 16 and 18, or, in a case where the absent parent is a non-dependant member of a household who is treated as having no housing costs by regulation 15(10)(a), the non-dependant amount which would be calculated in respect of him under regulation 15(5);
c
where, if the absent parent were a claimant, the condition in paragraph 8 of the relevant Schedule (income support lone parent premium) would be satisfied but the condition set out in paragraph 11 of that Schedule (income support disability premium) would not be satisfied, an amount equal to the amount specified in column (2) of paragraph 15(1) of that Schedule (income support lone parent premium);
d
where, if the parent were a claimant, the conditions in paragraph 11 of the relevant Schedule (income support disability premium) would be satisfied, an amount equal to the amount specified in column (2) of paragraph 15(4) of that Schedule (income support disability premium);
e
where, if the parent were a claimant, the conditions in paragraph 13 or 14ZA of the relevant Schedule (income support severe disability and carer premiums) would be satisfied in respect of either or both premiums, an amount equal to the amount or amounts specified in column (2) of paragraph 15(5) or, as the case may be, (7) of that Schedule in respect of that or those premiums (income support premiums);
f
where, if the parent were a claimant, the conditions in paragraph 3 of the relevant Schedule (income support family premium) would be satisfied, the amount specified in that paragraph;
g
in respect of each child who is a member of the family of the absent parent —
i
an amount equal to the amount of the personal allowance for that child, specified in column (2) of paragraph 2 of the relevant Schedule (income support personal allowance);
ii
if the conditions set out in paragraphs 14(b) and (c) of the relevant Schedule (income support disabled child premium) are satisfied in respect of that child, an amount equal to the amount specified in column (2) of paragraph 15(6) of the relevant Schedule;
h
where, if the parent were a claimant, the conditions specified in Part III of the relevant Schedule would be satisfied by the absent parent in question or any member of his family in relation to any premium not otherwise included in this regulation, an amount equal to the amount specified in Part IV of that Schedule (income support premiums) in respect of that premium;
i
where the absent parent in question or his partner is living in —
i
accommodation provided under Part III of the National Assistance Act 1948 ;
ii
accommodation provided under paragraphs 1 and 2 of Schedule 8 to the National Health Service Act 1977 ; or
iii
a nursing home or residential care home,
the amount of the fees paid in respect of the occupation of that accommodation or, as the case may be, that home.
j
the amount of council tax which the absent parent in question or his partner is liable to pay in respect of the home for which housing costs are included under sub-paragraph (b) less any council tax benefit;
k
an amount of £8·00;
l
where the income of —
i
the absent parent in question;
ii
any partner of his; and
iii
any child or children for whom an amount is included under sub-paragraph (g)(i);
exceeds the sum of the amounts to which reference is made in sub-paragraphs (a) to (k), 10 per centum of the excess.
2
For the purposes of sub-paragraph (l) of paragraph (1) “income” shall be calculated —
a
in respect of the absent parent in question or any partner of his, in the same manner as N (net income of absent parent) is calculated under regulation 7 except —
i
there shall be taken into account the basic rate of any child benefit and any maintenance which in either case is in payment in respect of any member of the family of the absent parent;
ii
there shall be deducted the amount of any maintenance under a maintenance order which the absent parent or his partner is paying in respect of a child in circumstances where an application for a maintenance assessment could not be made in accordance with the Act in respect of that child; and
b
in respect of any child in that family, as being the total of that child’s income but only to the extent that such income does not exceed the amount included under sub-paragraph (g) of paragraph (1) (income support personal allowance for a child and income support disabled child premium) reduced, as the case may be, under paragraph (4).
3
Where an absent parent does not have day to day care of any child (whether or not a relevant child) for 7 nights each week but does have day to day care of one or more such children for fewer than 7 nights each week, any amounts to be taken into account under sub-paragraphs (c) and (f) of paragraph (1) (income support lone parent premium and income support family premium) shall be reduced so that they bear the same proportion to the amounts referred to in those sub-paragraphs as the average number of nights each week in respect of which such care is provided has to 7.
4
Where an absent parent has day to day care of a child (whether or not a relevant child) for fewer than 7 nights each week any amounts in relation to that child to be taken into account under sub-paragraph (g) of paragraph (1) (income support personal allowance for child and income support disabled child premium) shall be reduced so that they bear the same proportion to the amounts referred to in that sub-paragraph as the average number of nights in respect of which such care is provided has to 7.
5
The amounts referred to in paragraph (1) shall be the amounts applicable at the effective date.
Disposable income
12
1
For the purposes of paragraph 6(4) of Schedule 1 to the Act (protected income), the disposable income of an absent parent shall be the aggregate of his income and any income of any member of his family calculated in like manner as under regulation 11(2).
2
Subject to paragraph (3), where a maintenance assessment has been made with respect to the absent parent and payment of the amount of that assessment would reduce his disposable income below his protected income level the amount of the assessment shall be reduced by the minimum amount necessary to prevent his disposable income being reduced below his protected income level.
3
Where the prescribed minimum amount fixed by regulations under paragraph 7 of Schedule 1 to the Act is applicable (such amount being specified in regulation 13) the amount payable under the assessment shall not be reduced to less than the prescribed minimum amount.
The minimum amount
13
1
Subject to regulation 26, for the purposes of paragraph 7(1) of Schedule 1to the Act the minimum amount shall be 5 per centum of the amount specified inparagraph 1(1)(e) of the relevant Schedule (income support personal allowance for single claimant aged not less than 25).
2
Where an amount calculated under paragraph (1) results in a sum other than a multiple of 5 pence, it shall be treated as the sum which is the next higher multiple of 5 pence.
Eligible housing costs
14
Schedule 3 shall have effect for the purpose of determining the costs which are eligible to be taken into account as housing costs for the purposes of these Regulations.
Amount of housing costs
15
1
Subject to the provisions of this regulation and regulations 16 to 18, a parent’s housing costs shall be the aggregate of the eligible housing costs payable in respect of his home.
2
Where a local authority has determined that a parent is entitled to housing benefit, the amount of his housing costs shall, subject to paragraphs (4) to (9), be the weekly amount treated as rent under regulations 10 and 69 of the Housing Benefit Regulations (rent and calculation of weekly amounts) less the amount of housing benefit.
3
Where a parent has eligible housing costs and another person who is not a member of his family is also liable to make payments in respect of the home, the amount of the parent’s housing costs shall be his share of those costs.
4
Where one or more non-dependants are members of the parent’s household, there shall be deducted from the amount of any housing costs determined under the preceding paragraphs of this regulation any non-dependant amount or amounts determined in accordance with the provisions of paragraphs (5) to (9).
5
The non-dependant amount shall be an amount equal to the amount which would be calculated under paragraph 63 of the Housing Benefit Regulations (non-dependant deductions) for the non-dependant in question if he were a non-dependant in respect of whom a calculation were to be made under that regulation.
6
For the purposes of paragraph (5) —
a
in the case of a couple or, as the case may be, the members of a polygamous marriage —
i
regard shall be had to their joint weekly income; and
ii
only one deduction shall be made at whichever is the higher rate.
7
Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers having regard to the number of joint occupiers and the proportion of the housing costs in respect of the home payable by each of them.
8
No deduction shall be made in respect of any non-dependants occupying the home of the parent, if the parent or any partner of his is —
a
blind or treated as blind by virtue of paragraph 12 of the relevant Schedule (income support additional condition for the higher pensioner and disability premiums); or
b
receiving in respect of himself either —
i
attendance allowance under section 64 of the Contributions and Benefits Act; or
ii
the care component of disability living allowance.
9
No deduction shall be made in respect of a non-dependant —
a
if, although he resides with the parent, it appears to the child support officer that his home is normally elsewhere; or
b
if he is in receipt of a training allowance paid in connection with a Youth Training Programme established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ; or
c
if he is a student; or
d
if he is aged under 25 and in receipt of income support; or
e
if he is not residing with the parent because he is a prisoner or because he has been a patient for a period, or two or more periods separated by not more than 28 days, exceeding 6 weeks.
10
A parent shall be treated as having no housing costs where —
a
he is a non-dependant member of a household and is not responsible for meeting housing costs except to another member, or other members, of that household; or
b
but for this paragraph, his housing costs would be less than nil.
Weekly amount of housing costs
16
Where a parent pays housing costs —
a
on a weekly basis, the amount of such housing costs shall be the weekly rate payable at the effective date;
b
on a monthly basis, the amount of such housing costs shall be the monthly rate payable at the effective date, multiplied by 12 and divided by 52;
c
on any other basis, the amount of such housing costs shall be the rate payable at the effective date, multiplied by the number of payment periods, or the nearest whole number of payment periods (any fraction of one half being rounded up), falling within a period of 365 days and divided by 52.
Apportionment of housing costs: exempt income
17
For the purposes of calculating or estimating exempt income the amount of the housing costs of a parent shall be —
a
where the parent does not have a partner, the whole amount of the housing costs;
b
where the parent has a partner, the proportion of the amount of the housing costs calculated by multiplying those costs by —
0.75 + ( A × 0.2 ) 1.00 + ( B × 0.2 )
where —
A is the number of relevant children (if any);
B is the number of children in that parent’s family (if any);
c
where the parent is a member of a polygamous marriage the proportion of the amount of the housing costs calculated by multiplying those costs by —
0.75 + ( A × 0.2 ) 1.00 + ( X × 0.25 ) + ( B × 0.2 )
where —
A and B have the same meanings as in sub-paragraph (b); and
X is the number which is one less than the number of partners.
Excessive housing costs
18
1
Subject to paragraph (2), the amount of the housing costs of an absent parent which are to be taken into account —
a
under regulation 9(1)(b) shall not exceed the greater of £80·00 or half the amount of N as calculated or estimated under regulation 7;
b
under regulation 11(1)(b) shall not exceed the greater of £80·00 or half of the amount calculated in accordance with regulation 11(2).
2
The restriction imposed by paragraph (1) shall not apply where —
a
the absent parent in question —
i
has been awarded housing benefit (or is awaiting the outcome of a claim to that benefit);
ii
has the day to day care of any child; or
iii
is a person to whom a disability premium under paragraph 11 of the relevant Schedule applies in respect of himself or his partner or would so apply if he were entitled to income support and were aged less than 60;
b
the absent parent in question, following a divorce from, or the breakdown of his relationship with, his former partner, remains in the home he occupied with his former partner;
c
the absent parent in question has paid the housing costs under the mortgage, charge or agreement in question for a period in excess of 52 weeks before the date of the first application for child support maintenance in relation to a qualifying child of his and there has been no increase in those costs other than an increase in the interest payable under the mortgage or charge or, as the case may be, in the amount payable under the agreement under which the home is held;
d
the housing costs in respect of the home in question would not exceed the amount set out in paragraph (1) but for an increase in the interest payable under a mortgage or charge secured on that home or, as the case may be, in the amount payable under any agreement under which it is held; or
e
the absent parent is responsible for making payments in respect of housing costs which are higher than they would be otherwise by virtue of the unavailability of his share of the equity of the property formerly occupied with his partner and which remains occupied by that former partner.
PART III
SPECIAL CASES
Both parents are absent
19
1
Subject to regulation 27, where the circumstances of a case are that each parent of a qualifying child is an absent parent in relation to that child (neither being a person who is treated as an absent parent by regulation 20(2)) that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case —
a
where the application is made in relation to both absent parents, separate assessments shall be made under Schedule 1 to the Act in respect of each so as to determine the amount of child support maintenance payable by each absent parent;
b
subject to paragraph (3), where the application is made in relation to both absent parents, the value of C in each case shall be the assessable income of the other absent parent and where the application is made in relation to only one the value of C in the case of the other shall be nil;
c
where the person with care is a body of persons corporate or unincorporate, the value of AG shall not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium).
3
Where, for the purposes of paragraph (2)(b), information regarding the income of the other absent parent has not been submitted to the Secretary of State or to a child support officer within the period specified in regulation 6(1) of the Maintenance Assessment Procedure Regulations then until such information is acquired the value of C shall be nil.
4
When the information referred to in paragraph (3) is acquired the child support officer shall make a fresh assessment which shall have effect from the effective date in relation to that other absent parent.
Persons treated as absent parents
20
1
Where the circumstances of a case are that —
a
two or more persons who do not live in the same household each provide day to day care for the same qualifying child; and
b
at least one of those persons is a parent of that child,
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case a parent who provides day to day care for a child of his in the following circumstances is to be treated as an absent parent for the purposes of the Act and these Regulations —
a
a parent who provides such care to a lesser extent than the other parent, person or persons who provide such care for the child in question;
b
where the persons mentioned in paragraph (1)(a) include both parents and the circumstances are such that care is provided to the same extent by both but each provides care to a greater or equal extent than any other person who provides such care for that child —
i
the parent who is not in receipt of child benefit for the child in question; or
ii
if neither parent is in receipt of child benefit for that child, the parent who, in the opinion of the child support officer, will not be the principal provider of day to day care for that child.
3
Subject to paragraphs (5) and (6), where a parent is treated as an absent parent under paragraph (2) child support maintenance shall be payable by that parent in respect of the child in question and the amount of the child support maintenance so payable shall be calculated in accordance with the formula set out in paragraph (4).
4
The formula for the purposes of paragraph (3) is —
T = X - { ( X + Y ) × J 7 × L }
where —
T is the amount of child support maintenance payable;
X is the amount of child support maintenance which would be payable by the parent who is treated as an absent parent, assessed under Schedule 1 to the Act as if paragraphs 6 and 7 of that Schedule did not apply, and, where the other parent is an absent parent, as if the value of C was the assessable income of the other parent;
Y is —
the amount of child support maintenance assessed under Schedule 1 to the Act payable by the other parent if he is an absent parent or which would be payable if he were an absent parent, and for the purposes of such calculation the value of C shall be the assessable income of the parent treated as an absent parent under paragraph(2); or,
if there is no such other parent, shall be nil;
J is the total of the weekly average number of nights for which day to day care is provided by the person who is treated as the absent parent in respect of each child included in the maintenance assessment and shall be calculated to 2 decimal places;
L is the number of children who are included in the maintenance assessment in question.
5
Where the value of T calculated under the provisions of paragraph (4) is less than zero, no child support maintenance shall be payable.
6
The liability to pay any amount calculated under paragraph (4) shall be subject to the provision made for protected income and minimum payments under paragraphs 6 and 7 of Schedule 1 to the Act.
One parent is absent and the other is treated as absent
21
1
Where the circumstances of a case are that one parent is an absent parent and the other parent is treated as an absent parent by regulation 20(2), that case shall be treated as a special case for the purposes of the Act.
2
For the purpose of assessing the child support maintenance payable by an absent parent where this case applies, each reference in Schedule 1 to the Act to a parent who is a person with care shall be treated as a reference to a person who is treated as an absent parent by regulation 20(2).
Multiple applications relating to an absent parent
22
1
Where the circumstances of a case are that —
a
two or more applications for a maintenance assessment have been made which relate to the same absent parent (or to a person who is treated as an absent parent by regulation 20(2)); and
b
those applications relate to different children,
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of assessing the amount of child support maintenance payable in respect of each application where paragraph (1) applies, for references to the assessable income of an absent parent in the Act and in these Regulations there shall be substituted references to the amount calculated by the formula —
A × B D
where —
A is the assessable income of the absent parent;
B is the maintenance requirement calculated in respect of the application in question;
D is the sum of the maintenance requirements as calculated for the purposes of each application relating to the absent parent in question.
3
Where more than one maintenance assessment has been made with respect to the absent parent and payment by him of the aggregate of the amounts of those assessments would reduce his disposable income below his protected income level, the aggregate amount of those assessments shall be reduced (each being reduced by reference to the same proportion as those assessments bear to each other) by the minimum amount necessary to prevent his disposable income being reduced below his protected income level provided that the aggregate amount payable under those assessments shall not be reduced to less than the minimum amount prescribed in regulation 13(1).
4
Where the aggregate of the child support maintenance payable by the absent parent is less than the minimum amount prescribed in regulation 13(1), the child support maintenance payable shall be that prescribed minimum amount apportioned between the two or more applications in the same ratio as the maintenance requirements in question bear to each other.
5
Payment of each of the maintenance assessments calculated under this regulation shall satisfy the liability of the absent parent (or a person treated as such) to pay child support maintenance.
Person caring for children of more than one absent parent
23
1
Where the circumstances of a case are that —
a
a person is a person with care in relation to two or more qualifying children; and
b
in relation to at least two of those children there are different persons who are absent parents or persons treated as absent parents by regulation 20(2);
that case shall be treated as a special case for the purposes of the Act.
2
In calculating the maintenance requirements for the purposes of this case, for any amount which (but for this paragraph) would have been included under regulation 3(1)(b), (c) or (d) (amounts included in the calculation of AG) there shall be substituted an amount calculated by dividing the amount which would have been so included by the relevant number.
3
In paragraph (2) “the relevant number” means the number equal to the total number of persons who, in relation to those children, are either absent parents or persons treated as absent parents by regulation 20(2) except that where in respect of the same child both parents are persons who are either absent parents or persons who are treated as absent parents under that regulation, they shall count as one person.
4
Where the circumstances of a case fall within this regulation and the person with care is the parent of any of the children, for C in paragraph 2(1) of Schedule 1 to the Act (the assessable income of that person) there shall be substituted the amount which would be calculated under regulation 22(2) if the references therein to an absent parent were references to a parent with care.
Persons with part-time care — not including a person treated as an absent parent
24
1
Where the circumstances of a case are that —
a
two or more persons who do not live in the same household each provide day to day care for the same qualifying child; and
b
those persons do not include any parent who is treated as an absent parent of that child by regulation 20(2),
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case —
a
the person whose application for a maintenance assessment is being proceeded with shall, subject to paragraph (b), be entitled to receive all of the child support maintenance payable under the Act in respect of the child in question;
b
on request being made to the Secretary of State by —
i
that person; or
ii
any other person who is providing day to day care for that child and who intends to continue to provide that care,
the Secretary of State may make arrangements for the payment of any child support maintenance payable under the Act to the persons who provide such care in the same ratio as that in which it appears to the Secretary of State, that each is to provide such care for the child in question;
c
before making an arrangement under sub-paragraph (b), the Secretary of State shall consider all of the circumstances of the case and in particular the interests of the child, the present arrangements for the day to day care of the child in question and any representations or proposals made by the persons who provide such care for that child.
Care provided in part by a local authority
25
1
Where the circumstances of a case are that a local authority and a person each provide day to day care for the same qualifying child, that case shall be treated as a special case for the purposes of the Act.
2
In a case where this regulation applies —
a
child support maintenance shall be calculated in respect of that child as if this regulation did not apply;
b
the amount so calculated shall be divided by 7 so as to produce a daily amount;
c
in respect of each night for which day to day care for that child is provided by a person other than the local authority, the daily amount relating to that period shall be payable by the absent parent (or, as the case may be, by the person treated as an absent parent under regulation 20(2));
d
child support maintenance shall not be payable in respect of any night for which the local authority provides day to day care for that qualifying child.
Cases where child support maintenance is not to be payable
26
1
Where the circumstances of a case are that —
a
but for this regulation the minimum amount prescribed in regulation 13(1) would apply; and
b
any of the following conditions are satisfied —
i
the income of the absent parent includes one or more of the payments or awards specified in Schedule 4 or would include such a payment but for a provision preventing the receipt of that payment by reason of it overlapping with some other benefit payment or would, in the case of the payments referred to in paragraph (a)(i) or (iv) of that Schedule, include such a payment if the relevant contribution conditions for entitlement had been satisfied;
ii
an amount to which regulation 11(1)(f) applies (protected income: income support family premium) is taken into account in calculating or estimating the protected income of the absent parent;
iii
the absent parent is a child within the meaning of section 55 of the Act;
iv
the absent parent is a prisoner; or
v
the absent parent is a person in respect of whom N (as calculated or estimated under regulation 7(1)) is less than the minimum amount prescribed by regulation 13(1),
the case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case —
a
the requirement in paragraph 7(2) of Schedule 1 to the Act (minimum amount of child support maintenance fixed by an assessment to be the prescribed minimum amount) shall not apply;
b
the amount of the child support maintenance to be fixed by the assessment shall be nil.
Child who is a boarder or an in-patient
27
1
Where the circumstances of a case are that —
a
a qualifying child is a boarder at a boarding school or is an in-patient in a hospital; and
b
by reason of those circumstances, the person who would otherwise provide day to day care is not doing so,
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case, section 3(3)(b) of the Act shall be modified so for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the person who would usually be providing such care for that child but for the circumstances specified in paragraph (1).
Amount payable where absent parent is in receipt of income support or other prescribed benefit
28
1
Where the condition specified in section 43(1)(a) of the Act is satisfied in relation to an absent parent (assessable income to be nil where income support or other prescribed benefit is paid), the prescribed conditions for the purposes of section 43(1)(b) of the Act are that —
a
the absent parent is aged 18 or over;
b
he does not satisfy the conditions in paragraph 3 of the relevant Schedule (income support family premium); and
c
he does not satisfy the conditions for entitlement to one or more of the payments or awards specified in Schedule 4 (other than by reason of a provision preventing receipt of overlapping benefits or by reason of a failure to satisfy the relevant contribution conditions).
2
For the purposes of section 43(2)(a) of the Act, the prescribed amount shall be equal to the minimum amount prescribed in regulation 13(1) for the purposes of paragraph 7(1) of Schedule 1 to the Act.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
20th July 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire General Hospitals 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 South Warwickshire General Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Warwickshire General Hospitals 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 South Warwickshire Hospital, Lakin Road, Warwick CV34 5BW and associated hospitals.
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 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 South Warwickshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South Warwickshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — -executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Warwickshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Oxfordshire that the last of the new trunk roads to be opened for through traffic has been opened for through traffic.
2
In this Order:
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 enactment and instrument which refers to highways clasified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the plan” means the plan numbered CSE 247/1/26/06, marked “The A423 North of Oxford-South of Coventry Trunk Road (Kidlington to Cutteslowe Section) De-Trunking Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk roads” means the highways to be provided by the Secretary of State in pursuance of the A43 Oxford-Market Deeping Trunk Road (Gosford Bypass Section and Slip Roads) Order 1984 ; the A43 Oxford-Market Deeping Trunk Road (Gosford Bypass Section and Slip Roads) (No.2) Order 1986 ; the M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Road ( No. 1) Scheme 1984 ; the M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 2) Scheme 1985 ; the M40 London-Oxford-Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (Supplementary) Scheme 1985 ; and the M40 London-Oxford-Birmingham Motorway (Waterstock to Wendlebury Section) and Connecting Roads Scheme 1989 .
3
This Order shall come into force on 1st December 1992 and may be cited as the A423 North of Oxford-South of Coventry Trunk Road (Kidlington to Cutteslowe Section) De-Trunking Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
2nd November 1992


text:
1
This Order may be cited as the Criminal Justice Act 1982 (Guernsey) Order 1992 and shall come into force on 1st February 1993.
2
It is hereby directed that —
a
section 37 of the Criminal Justice Act 1982 as amended by section 17(1) of the Criminal Justice Act 1991; and
b
section 32 of the Magistrates' Courts Act 1980 as amended by section 17(2) of the Criminal Justice Act 1991,
shall extend to the Bailiwick of Guernsey subject to the modifications specified in the Schedule to this Order.
3
Article 2 of and paragraphs 3 and 5 of Schedule 1 to the Criminal Justice Act 1982 (Guernsey) Order 1986 are hereby revoked to the extent that they relate to section 37 of the Criminal Justice Act 1982 and section 32 of the Magistrates' Courts Act 1980.
N.H.Nicholls
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 2) Order 1992.
2
In this Order “ the Act ” means the Transport and Works Act 1992.
Provisions coming into force
2
The following provisions of the Act shall come into force on 7th December 1992 —
a
Chapter I of Part II (offences involving drink or drugs on railways, tramways and certain other guided transport systems);
b
section 68(1) (repeals: railways) in so far as it relates to the provisions of Schedule 4 referred to in paragraph (c) below; and
c
Part I of Schedule 4 (repeals: railways) with respect to the entry therein relating to the Railway Regulation Act 1842 .
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
27th August 1992


text:
Citation and commencement
1
This Order may be cited as the Birmingham Heartlands Development Corporation (Area and Constitution) Order 1992 and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Birmingham Heartlands Development Corporation (Area and Constitution) Order 1992”, 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 Birmingham.
Designation of urban development area
3
The area shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Birmingham Heartlands Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Birmingham Heartlands Development Corporation” with eleven members in addition to the chairman and deputy chairman.
Michael Heseltine
Secretary of State for the Environment
12th February 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No.13 and Transitional Provision) Order 1992.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Commencement of provision concerning simplified planning zones
2
Subject to article 3, section 28 of the Planning and Compensation Act 1991(so far as it is not already in force) shall come into force on 9th November 1992.
Transitional provision
3
The amendments to the 1990 Act brought in force by this Order shall not apply with respect to any proposals which are or have been made available for inspection in accordance with paragraph 5 or 6 of Schedule 7 to the 1990 Act before the coming into force of this Order but the simplified planning zone scheme had not yet come into operation on that date.
Michael Howard
Secretary of State for the Environment
12th October 1992
David Hunt
Secretary of State for Wales
9th October 1992


text:
1
These Regulations may be cited as the Value Added Tax (Accounting and Records) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Accounting and Records) Regulations 1989 shall be amended as follows.
3
In regulation 2 —
a
in paragraph (1), the words “and preserve” shall be omitted;
b
for paragraph (1)(e) there shall be substituted the following —
e
documentation received by him relating to acquisitions by him of any goods from other member States;
;
c
for paragraph (1)(f) there shall be substituted the following —
f
copy documentation issued by him relating to the transfer, dispatch or transportation of goods by him to other member States;
;
d
after sub-paragraph (f) there shall be inserted the following sub-paragraphs —
g
documentation received by him relating to the transfer, dispatch or transportation of goods by him to other member States;
h
documentation relating to importations and exportations by him; and
i
all credit notes, debit notes or other documents which evidence an increase or decrease in consideration that are received, and copies of all such documents that are issued by him.
;
e
in paragraph (2), for the words “of this regulation” there shall be substituted “above”; and
f
paragraph (3) shall be omitted.
4
After regulation 2 there shall be inserted the following regulation —
2A
Every person who, at a time when he is not a taxable person, acquires in the United Kingdom from another member State any goods which are subject to a duty of excise or consist in a new means of transport shall, for the purpose of accounting for tax, keep such records with respect to the acquisition as may be specified in any notice published by the Commissioners in pursuance of this regulation.
.
5
Regulation 3 shall be omitted.
6
In regulation 4 —
a
after sub-paragraph (a) of paragraph (3) there shall be inserted the following sub-paragraph —
aa
a total of the output tax due on acquisitions from other member States by the taxable person for that prescribed accounting period;
; and
b
after sub-paragraph (a) of paragraph (4) there shall be inserted the following sub-paragraph —
aa
a total of the input tax allowable in respect of acquisitions from other member States by the taxable person for that prescribed accounting period by virtue of section 15 of the Act;
.
7
After regulation 4 there shall be inserted the following regulation —
The register of temporary movement of goods to and from other member States
4A
1
Every taxable person shall keep and maintain, in accordance with this regulation, a register to be known as the register of temporary movement of goods to and from other member States.
2
Where goods have been moved to or received from another member State and they are to be returned within a period of two years of the date of their first removel or receipt, whichever the case may be, the register shall contain the following information:
a
the date of removal of goods to another member State;
b
the date of receipt of the goods mentioned in sub-paragraph (a) above when they are returned from the member State mentioned in that sub-paragraph or another member State;
c
the date of receipt of goods from another member State;
d
the date of removal of the goods mentioned in sub-paragraph (c) above when they are returned to the member State mentioned in that sub-paragraph or another member State;
e
a description of the goods sufficient to identify them;
f
a description of any process, work or other operation carried out on the goods either in the United Kingdom or in another member State;
g
the consideration for the supply of the goods; and
h
the consideration for the supply of any processing, work or other operation carried out on the goods either in the United Kingdom or another member State.
3
The Commissioners may in relation to a trade or business of a description specified by them supplement the list of information required in paragraph (2) above by a notice published by them for that purpose.
.
8
In regulation 8 —
a
in paragraph (2), after “furnished” there shall be inserted “except that the total of the output tax due in that period on acquisitions from other member States shall be entered instead in the box opposite the legend ‘ VAT due in this period on acquisitions from other EC Member States’”; and
b
in paragraph (3), after “inputs” there shall be inserted “(including acquisitions from the EC)”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON SE1 9PJ
8th December 1992


text:
Title and commencement
1
These Regulations may be cited as the Forest Reproductive Material (Amendment) Regulations 1992, and shall come into force on 1st January 1993.
Amendment of the principal Regulations
2
The Forest Reproductive Material Regulations 1977 shall be amended by omitting from regulation 14 the words from “Such official certificate” to the end of the regulation.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
1st December 1992
David Hunt
Secretary of State for Wales
1st December 1992


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (England and Wales) Order 1992 and shall come into force on 1st April 1992.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) there shall be inserted at the end:
p
the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales.
David Hunt
One of Her Majesty’s Principal Secretaries of State
6th March 1992


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 1992 and shall come into force on 22nd November 1992.
2
Part II of the Table of Consular Fees in the Schedule annexed to the Consular Fees Order 1989 shall be amended as follows —
a
in the entry for Fee 12, after the words “32 pages” there shall be added “which includes replacing an expired passport, and issuing a new passport of full validity when an original passport of restricted validity is unavailable”, and for “15.00” there shall be substituted “18.00”;
b
in the entry for Fee 12A , after the words “48 pages” there shall be added “which includes replacing an expired passport, and issuing a new passport of full validity when an original passport of restricted validity is unavailable”, and for “22.50” there shall be substituted “27.00”;
c
in the entry for Fee 14, for “7.50” there shall be substituted “12.00” and for “11.25” there shall be substituted “18.00”;
d
in the entry for Fee 15, for “2.00” there shall be substituted “3.00”;
e
in the entry for Fee 16, for “30.00” there shall be substituted “40.00”;
f
in the entry for Fee 17, for “4.00” there shall be substituted “5.00”; and
g
in the entries for Fees 18 and 19, for “3.00”, in both places where it occurs, there shall be substituted “5.00”.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the College of St. Mark and St. John Scheme (Modification) Order 1992 and shall come into force forthwith.
2
The Scheme shall have effect from the time the Articles are amended to incorporate the instrument of government and the articles of government, and while the College is an institution to which section 129B of the Act applies, with the following modifications —
a
after clause 9 there shall be inserted the following clause —
9A
Governing Body of College The governing body of the College shall be the Council of Management of the Company and the College (hereinafter referred to as “the Council”) constituted by the instrument of government incorporated in the Articles of Association of the Company.
;
b
for clause 10(2) there shall be substituted the following sub-clause —
2
The College shall be conducted in accordance with the articles of government incorporated in the Articles of Association of the Company.
;
c
after clause 11 there shall be inserted the following clause —
11A
Members of the Council not to be personally interested. Except in special circumstances with the approval in writing of the Commissioners no member of the Council shall receive any remuneration or be interested in the supply of work or goods at the cost of the Charity: provided that this provision shall not operate to prevent the payment of salary or other emoluments to the Principal or Deputy Principal of the College or any Academic Staff Members or Support Staff Members of the Council or the award of any scholarship, grant or other award to a Student Member of the Council.
.
N. H. Nicholls
Clerk of the Privy Council
22nd December 1992


text:
Citation and commencement
1
1
This Order may be cited as the Greater London and Hertfordshire (County Boundaries) Order 1992.
2
This Order shall come into force on 5th August 1992 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 1993.
Interpretation
2
In this Order —
“Barnet” means the London Borough of Barnet;
“electoral division” means an electoral division of the county of Hertfordshire;
“Harrow” means the London borough of Harrow;
“Hertfordshire” means the county of Hertfordshire;
“Hertsmere” means the borough of Hertsmere;
“the map” means one or both of the 2 maps prepared by the Department of the Environment, marked “Maps of the Greater London and Hertfordshire (County Boundaries) Order 1992”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“ward” means a ward of the borough to which an area is transferred, except where the expression “parish ward” appears, when it refers to a ward of the parish to which an area is transferred.
Transfers from Greater London to Hertfordshire
3
Each area of Greater London which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from the London borough mentioned in column 3 to —
a
Hertfordshire;
b
Hertsmere;
c
the parish and parish ward (if any) mentioned in column 4;
c
the ward and electoral division so mentioned; and to —
d
the South Mimms petty sessional division and the St Albans and Watford coroner’s district.
Table
Area marked On map Transferred from Greater London, and from To Hertfordshire and to Hertsmere, and to —
C2 1 and 2 Barnet
Parish of Elstree and Borehamwood
Elstree parish ward
Elstree ward
Elstree electoral division
C3 and C4 1 Barnet
Parish of Elstree and Borehamwood
Hillside parish ward
Hillside ward
Elstree electoral division
C5 and C6 1 Barnet
Parish of Elstree and Borehamwood
Kenilworth parish ward
Kenilworth ward
Elstree electoral division
C7 1 Barnet
Parish of Elstree and Borehamwood
Cowley parish ward
Cowley Ward
Lyndhurst electoral division
C8 1 Barnet
Parish of Ridge
Potters Bar West ward
Potters Bar South West electoral division
B2 1 Barnet
Unparished area
Potters Bar West ward
Potters Bar South West electoral division
C1 2 Harrow
Parish of Elstree and Borehamwood
Elstree parish ward
Elstree ward
Elstree electoral division
Transfers from Hertfordshire to Greater London (Barnet)
4
1
The area marked B1 on map 1 shall be transferred from Hertfordshire, from Hertsmere and from the parish of Elstree and Borehamwood to Greater London, to Barnet, and to the Arkley ward. It shall cease to form part of any parish.
2
The areas marked B3, B4 and B5 on map 1 shall be transferred from Hertfordshire and from Hertsmere to Greater London, to Barnet, and to the Hadley ward. They shall continue to be unparished.
3
The areas transferred by paragraphs (1) and (2) shall additionally be transferred to the Barnet petty sessional division and to the Northern London coroner’s district.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary for State,
Department of the Environment
14th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hounslow and Spelthorne Community and Mental Health 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;
“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 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 Hounslow and Spelthorne Community and Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Hounslow and Spelthorne Community and Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at West Middlesex University Hospital, Twickenham Road, Isleworth, Middlesex TW7 6AF and associated hospitals;
b
to manage community health services provided from West Middlesex University Hospital, Twickenham Road, Isleworth, Middlesex TW7 6AF 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 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 Hounslow and Spelthorne 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 Hounslow and Spelthorne 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 Hounslow and Spelthorne Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengersat-Arms) 1992 and shall come into force on 17th February 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to this rule and the following rules, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 , substitute the Table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh,
16th January 1992


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 there shall be substituted the Schedule set out in the Schedule to these Regulations.
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
18th February 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
2nd March 1992
David Hunt
Secretary of State for Wales
28th February 1992
Peter Brooke
Secretary of State for Northern Ireland
28th February 1992
Kenneth Baker
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
2nd March 1992
We approve,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 1992


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 2) Order 1992 and shall come into force on 25th June 1992.
2
1
The area within a distance of 50 metres of the site identified in article 2(2) hereof, being the site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, is hereby designated as a restricted area.
2
The site referred to in article 2(1) hereof is in position latitude 56° 30.19' north, longitude 05° 41.95' west.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
21st May 1992


text:
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 1992 and shall come into force on 21st December 1992.
2
In regulation 14 of the Costs in Criminal Cases (General) Regulations 1986 , for paragraph (3) the following shall be substituted:–
3
Section 18 of the Act shall apply to proceedings in a magistrates' court or the Crown Court–
a
for dealing with an offender under Schedule 1, Part I, paragraph 1B and Schedule 2, Part II, paragraphs 3 and 4 of the Criminal Justice Act 1991 (orders for conditional discharge, community service orders, probation orders etc );
b
under section 23(1) or 27 of the Powers of Criminal Courts Act 1973 for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order; or
c
under section 19 of the Criminal Justice Act 1982 for dealing with an offender in respect of a breach of an attendance centre order,
as if the offender had been tried in those proceedings for the offence for which the order was made or the sentence passed.
Mackay of Clashfern, C.
Dated 18th November 1992


text:
1
This Order may be cited as the Education (Schools) Act 1992 (Commencement No. 1) Order 1992.
2
The provisions of the Education (Schools) Act 1992 ( “the Act ”) specified in the first column of the Schedule to this Order shall come into force on the dates specified in the second column.
John Patten
The Secretary of State for Education and Science
12th May 1992
David Hunt
The Secretary of State for Wales
12th May 1992


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Fishery Products) (Derogations) Regulations 1992 and shall come into force on 1st July 1992.
Interpretation
2
1
In these Regulations —
“the Council 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;
“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 conditions for the approval of factory vessels, establishments, auction markets or wholesale markets set out in Chapters I to IV of the Annex to the Council Directive, which conditions are set out in column (1) to the Schedule to these Regulations;
“establishment” means any premises where fishery products are prepared, processed, chilled, frozen, packaged or stored but not premises of auction or wholesale markets where only display and sale by wholesale takes place;
“factory vessel” means any vessel on which fishery products undergo one or more of the following operations followed by packaging; filleting, slicing, skinning, mincing, freezing or processing but not a fishing vessel in which only shrimps and molluscs are cooked on board or a fishing vessel on board which only freezing is carried out;
“fishery products” means all seawater or freshwater animals or parts thereof, including their roes, excluding aquatic mammals, frogs and aquatic animals covered by other community acts;
“frozen product”means any fishery product which has undergone a freezing process to reach a core temperature of — 18°C or lower after temperature stabilization;
“food authority” means an authority specified in regulation 6 as an authority which is to enforce and execute 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;
“processed product” means any fishery product which has undergone a chemical or physical process such as the heating, smoking, salting, dehydration or marinating of chilled or frozen products whether or not associated with other foodstuffs, or a combination of these processes;
“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 Chapter IX of the Council Directive, 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 to a numbered Section is a reference to the Section which bears that number in the Annex;
d
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 factory vessels, establishments, auction markets and wholesale markets
3
On and after 1st January 1993 no person shall operate any factory vessel, establishment, auction market or wholesale market 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 factory vessel, establishment, auction market or wholesale market 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 factory vessel, establishment, auction market or wholesale market 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 factory vessel, establishment, auction market or wholesale market 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 factory vessel, establishment, auction market or wholesale market which complies with regulation 4 the Secretary of State shall send a copy of it to the food authority in whose area the factory vessel, establishment, auction market or wholesale market is situated.
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, 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 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 factory vessel, establishment, auction market or wholesale market and the relevant requirements in respect of which the derogation 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 granted for a derogation from any relevant requirement referred to in any of sub-paragraphs (a) to (w) of paragraph (7), the Secretary of State shall specify that the derogation shall apply only if and so long as the condition mentioned in that sub-paragraph is satisfied.
7
The requirements and conditions referred to in paragraph (6) are —
a
as respects point 1(a) of Section 1 of Chapter I, the condition is that fishery products are sheltered from the sun and the elements and from any source of dirt or contamination;
b
as respects point 1(c) of Section 1 of Chapter I, the condition is that the contamination of fishery products is avoided;
c
as respects point 1(d) of Section 1 of Chapter I, the condition is that the finished products are stored on board at the required temperature;
d
as respects point 1(g) of Section 1 of Chapter I, the condition is that products for human consumption are not contaminated by waste water, waste or engine coolant;
e
as respects point 1(h) of Section 1 of Chapter I, the condition is that the staff handling fishery products are able to wash their hands after using the toilet;
f
as respects point 2(a) of Section 1 of Chapter I, the condition is that the floors are properly cleaned and disinfected;
g
as respects point 3 of Section 1 of Chapter I, the condition is that the equipment and tools are well maintained;
h
as respects point 3(a) of Section 1 of Chapter II , the condition is that the walls are kept clean;
i
as respects point 3(b) of Section 1 of Chapter II, the condition is that the flooring is kept clean after every sale;
j
as respects point 3(e) of Section 1 of Chapter II, the condition is that fishery products contaminated by exhaust fumes are withdrawn from the market;
k
as respects point 3(j) of Section 1 of Chapter II, the condition is that products which are not fit for human consumption cannot contaminate or be mixed with fishery products;
l
as respects point 1 of Section I of Chapter III , the condition is that finished products cannot be contaminated by raw materials or waste;
m
as respects point 2(a) of Section I of Chapter III, the condition is that flooring is cleaned and disinfected accordingly;
n
as respects point 2(b) of Section I of Chapter III, the condition is that the walls are kept clean;
o
as respects point 2(c) of Section I of Chapter III, the condition is that the ceiling is not a source of contamination;
p
as respects point 2(e) of Section I of Chapter III, the condition is that products cannot be spoilt or contaminated by the steam;
q
as respects point 2(g) of Section I of Chapter III, the condition is that there are facilities for staff to wash their hands;
r
as respects point 5 of Section I of Chapter III, the condition is that instruments and working equipment are kept clean;
s
as respects point 6 of Section I of Chapter III, the condition is that products are not contaminated by waste or leakage therefrom;
t
as respects point 1 of Section I of Chapter IV, the condition is that products are re-iced as often as necessary during a period not in excess of 12 hours, alternatively a nearby cold room not belonging to the establishment can be used;
u
as respects point 6 of Section I of Chapter IV, the condition is that products shall not be able to be contaminated by waste or leakage therefrom;
v
as respects point 5, of Section IV of Chapter IV, the condition is that every precaution shall be taken to prevent fishery products that are being prepared or stored from being affected by the smoke;
w
as respects point 6 of Section IV of Chapter IV, the condition is that fishery products that are being prepared or stored are not affected by salting operations.
8
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.
9
The Secretary of State shall in all cases given 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
24th June 1992
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