text:
Citation and commencement
1
These Regulations may be cited as The Ionising Radiations (Outside Workers) Regulations 1993 and shall come into force on 1st January 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1985 Regulations ” means the Ionising Radiations Regulations 1985 ;
“activities” means any service provided by an outside worker in a controlled area for which the operator is responsible;
“the Basic Safety Standards Directive ” means Council Directive 80/836/Euratom laying down the basic safety standards for the health protection of the general public and workers against the dangers from ionising radiation as amended by Council Directive 84/467/Euratom ;
“classified person” means —
in the case of a person employed by an outside undertaking in Great Britain, a person who has been designated as a classified person under regulation 9 of the 1985 Regulations; or
in the case of a person employed by an outside undertaking in Northern Ireland or in another member State, a person who has been designated as a Category A exposed worker within the meaning of Article 23 of the Basic Safety Standards Directive;
“competent authority” in relation to the competent authority of Northern Ireland or of a member State means the authority empowered to enforce the basic safety standards for the health protection of workers against dangers from ionising radiation in Northern Ireland or that member State;
“controlled area” means —
in the case of an area situated in Great Britain, an area which has been designated as a controlled area under regulation 8 of the 1985 Regulations; or
in the case of an area situated in Northern Ireland or in another member State, an area subject to special rules for the purposes of protection against ionising radiation and to which access is controlled as specified in Article 20 of the Basic Safety Standards Directive;
“dose assessment” means the dose assessment made and recorded by an approved dosimetry service in accordance with regulation 13 of the 1985 Regulations;
“dose estimate” means the estimate of the dose received by the outside worker made by the operator in accordance with regulation 6(2)(b);
“member State” means a member State of the Communities;
“operator” means a person in a member State who is responsible for an area which is or is required to be designated as a controlled area and is —
in the case of an area situated in Great Britain, an area in which there is carried out work with ionising radiation which is required to be notified under regulation 5 of the 1985 Regulations or would be so notifiable if it were not excepted from notification by regulation 5(1)(b) of those Regulations; or
in the case of an area situated in Northern Ireland or in another member State, an area in which there is carried out an activity that is required to be reported under Article 3 of the Basic Safety Standards Directive;
“outside undertaking” means the employer established in a member State of a classified person who undertakes activities of any sort in the controlled area of an operator (other than itself);
“outside worker” means a classified person employed by an outside undertaking who undertakes activities of any sort in the controlled area of any operator (other than the controlled area of the outside undertaking which employs him);
“radiation passbook” means —
in the case of an outside worker employed by an outside undertaking in Great Britain, a passbook approved for the purpose of these Regulations by the Executive; or
in the case of an outside worker employed by an outside undertaking in Northern Ireland or in another member State, a passbook authorised by the competent authority for Northern Ireland or that member State, as the case may be.
2
Except where otherwise expressly provided for in these Regulations, expressions used in these Regulations shall have the same meanings as in regulation 2(1) of the 1985 Regulations.
3
In these Regulations unless the context otherwise requires, any reference to —
a
an employer includes a reference to a self-employed person and any duty imposed by these Regulations on an employer shall extend to a self-employed person; and
b
an employee includes reference to a self-employed person.
4
Duties under these Regulations imposed upon the operator shall also be imposed upon the manager of a mine or quarry (within, in either case, the meaning of section 180 of the Mines and Quarries Act 1954 ) in so far as those duties relate to the mine or quarry or part of the mine or quarry of which he is the manager and to matters under his control.
5
Duties under these Regulations imposed upon the operator shall also be imposed on the holder of a nuclear site licence under the Nuclear Installations Act 1965 in so far as the duties relate to the licensed site.
6
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation is a reference to the regulation in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference occurs.
Application
3
1
Without prejudice to the requirements of regulation 4 of the 1985 Regulations (co-operation between employers), regulation 6(1)(b) of these Regulations (duties of the operator) shall not apply in relation to an outside worker who enters a controlled area of the operator in the exercise of powers conferred on him by law.
2
In the case of an outside worker (working in a controlled area situated in Great Britain) employed by an outside undertaking established in Northern Ireland or in another member State, it shall be a sufficient compliance with regulation 13 (dose assessment) and regulation 16 (medical surveillance) of the 1985 Regulations, if the outside undertaking complies with —
a
where the outside undertaking is established in Northern Ireland, regulations 13 and 16 of the Ionising Radiations Regulations (Northern Ireland) 1985 ; or
b
where the outside undertaking is established in another member State, the legislation in that State implementing Chapters II and III of the Basic Safety Standards Directive where such legislation exists.
3
The duties imposed by regulations 4 and 5 on the outside undertaking shall only apply to outside undertakings established in Great Britain.
4
The duties imposed by regulation 6 on the operator shall only apply to the operator of a controlled area situated in Great Britain.
5
The duties imposed by regulation 7 on the outside worker shall only apply to an outside worker working in a controlled area situated in Great Britain.
6
Subject to paragraph (2), nothing in these Regulations shall prejudice the requirements of the 1985 Regulations.
7
These Regulations shall not extend to Northern Ireland.
Duties of the outside undertaking
4
1
It shall be the duty of the outside undertaking which employs an outside worker to undertake activities in the controlled area of an operator —
a
before commencing the activities, to make suitable arrangements to obtain from the operator information about the radiological risks relevant to the intended activities and to the controlled areas in which they are to be undertaken and about any special training that may be required;
b
to ensure that the outside worker concerned has received the necessary information and training with a view to ensuring his safety in the course of those activities; and
c
to make suitable arrangements with the operator to ensure that an estimate is made of the dose received by the worker in the course of those activities.
2
Where an outside undertaking employs an outside worker to work in Northern Ireland or another member State, the outside undertaking shall make suitable arrangements to ensure that a continuing record of the assessment of the dose received by the outside worker is maintained by the approved dosimetry service throughout the period of his employment by the outside undertaking.
Radiation passbooks
5
1
The outside undertaking shall ensure that each outside worker employed by it is provided with an individual radiation passbook which shall be non-transferable and in which shall be entered the particulars set out in the Schedule to these Regulations.
2
The outside undertaking shall make suitable arrangements to ensure that the particulars entered in the radiation passbook are kept up to date.
3
The outside undertaking shall ensure that a suitable record is kept of the issue of any radiation passbook to each outside worker to whom one has been issued and of the loss of any passbook which has been reported to it in accordance with regulation 7(1)(a) and such records shall be kept for at least 5 years after the passbook ceased to be used by the outside worker.
4
Where the outside undertaking has had the loss of a passbook reported to it in accordance with regulation 7(1)(a), it shall ensure that an investigation is made of the circumstances of that loss, and an assessment or, if that is not reasonably practicable an estimate, is made of the dose received by the outside worker and shall ensure that the result of that investigation is entered in the record referred to in paragraph (3).
5
When an outside worker has returned a radiation passbook to the outside undertaking in accordance with regulation 7(1)(c), the outside undertaking shall ensure that the passbook is kept for at least 5 years from that date.
6
Where the passbook has been returned to the outside undertaking as it is full and requires renewal or its loss has been reported to the outside undertaking, the outside undertaking shall ensure that a new passbook is issued forthwith to the outside worker and in a case where the passbook has been lost, the new passbook shall be clearly marked with the word “replacement”.
Duties of the operator
6
1
It shall be the duty of an operator who has an outside worker undertaking activities in any controlled area under his control, before the commencement of those activities —
a
to make suitable arrangements to provide the outside undertaking with the information referred to in regulation 4(1)(a);
b
to take all reasonable steps to ensure by reference to the radiation passbook or by other means that the outside worker —
i
has received any specific training required for the activities,
ii
is medically fit to undertake the activities, and
iii
has been provided with and has been trained to use any personal protective equipment that may be necessary for the safe performance of the activities.
2
It shall be the duty of the operator to ensure that —
a
the outside worker receives individual exposure monitoring, appropriate to the nature of the activities;
b
an estimate of the dose received by the outside worker is made; and
c
the radiation passbook is made available to the outside worker at his request.
3
Subject to paragraph (4), as soon as is reasonably practicable after the activities referred to in paragraph (1) have been completed, it shall be the duty of the operator to ensure that an estimate of the dose received by the outside worker is entered into the radiation passbook of the outside worker.
4
In a case where the operator no longer has access to the passbook of the outside worker when the information required by paragraph (3) becomes available to him, he shall forthwith give that information to the outside undertaking.
5
The duty imposed on the operator under paragraph (3) to ensure than an estimate of the dose received by the outside worker is entered into the passbook of the outside worker when the activities have been completed, shall not apply in any case where having regard to —
a
the nature and duration of the activities undertaken in the controlled areas under the control of the operator; and
b
the pattern of past and present activities undertaken by the outside worker and the estimates of the dose previously received entered in the passbook,
and after consulting the outside undertaking, the operator, with the agreement of the outside undertaking, is satisfied that the outside worker will be most unlikely to receive in the month in which the activities are undertaken a radiation dose which exceeds one thirty-sixth part of any annual dose limit for that worker and in such a case the operator shall enter a cumulative estimate of the dose received each month.
Duties of the outside worker
7
1
It shall be the duty of every outside worker —
a
to take reasonable care of the radiation passbook issued to him, and if it is lost report the loss forthwith to the outside undertaking and in such a case co-operate with the outside undertaking in any investigation made in accordance with regulation 5(4);
b
not to misuse the radiation passbook issued to him or falsify or attempt to falsify any of the information contained in it;
c
if he leaves the employment of the outside undertaking or the radiation passbook is full and requires renewal, forthwith to give the passbook to the outside undertaking; and
d
to make the radiation passbook available to the operator of any controlled area in which he undertakes activities and to take the passbook with him when his activities in that controlled area have been completed.
2
It shall also be the duty of the outside worker to take such steps as are reasonable for a person in his position to take to ensure that an estimate of the dose that he receives in the course of those activities is either entered in his passbook or notified to the outside undertaking.
3
Where an outside worker who has lost a passbook subsequently finds it, he shall forthwith report its finding to the outside undertaking and return that passbook to the undertaking.
Defences under these Regulations
8
1
It shall be a defence in any proceedings against an outside undertaking for a breach of a duty under these Regulations for that outside undertaking to show that —
a
it had entered into a contract in writing with the operator for him to perform that duty on its behalf; and
b
the breach of duty was a result of the operator’s failure to fulfil that contract.
2
It shall be a defence in any proceedings against an operator for a breach of a duty under these Regulations for the operator to show that —
a
he had entered into a contract in writing with the outside undertaking for it to perform that duty on his behalf; and
b
the breach of duty was a result of the outside undertaking’s failure to fulfil that contract.
3
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) or (2) unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing that he intends to rely on the defence and this notice shall be accompanied by a copy of the contract on which he intends to rely and, if that contract is not in English, an accurate translation of that contract into English.
4
For the purpose of enabling the other party to the contract to be charged with and convicted of an offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
Enforcement and civil liability
9
Insofar as any provision of regulation 4, 5, 6 or 7 is made under section 2 of the European Communities Act 1972 —
a
the provisions of the Health and Safety at Work etc. Act 1974 which relate to the approval of codes of practice and their use in criminal proceedings, enforcement and offences shall apply to that provision as if that provision had been made under section 15 of that Act; and
b
that provision shall, in the event of a breach of any duty imposed by it, confer a right of action in civil proceedings insofar as that breach of duty causes damage.
Exemption certificates
10
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt —
a
any person or class of persons; or
b
any premises or class of premises,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that —
c
the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it; and
d
compliance with the fundamental radiation protection provisions underlying regulations 6(1) and (2), 7, 8(1) and (2), 9(1), 13(2), 16(3), 24(1), 27(1) and 33(1) of the 1985 Regulations will be achieved.
Extension outside Great Britain
11
These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply to work within Great Britain.
Modifications relating to the Ministry of Defence etc.
12
1
In this regulation any reference to —
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part 1 of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
Her Majesty’s Forces;
b
visiting forces;
c
any member of a visiting force working in or attached to any headquarters or organisation; or
d
any person engaged in working with ionising radiation for, or on behalf of, the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment and recording of doses of ionising radiation received by persons to whom the exemption relates.
Signed by order of the Secretary of State.
Lord Henley
Parliamentary Under Secretary of State,
Department of Employment
29th September 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) (No. 2) Order 1993 and shall come into force on the following dates:
articles 1 and 2 1st December 1993 article 3 1st January 1994
2
Schedule 1 to the Value Added Tax Act 1983 shall be amended as follows:
a
in paragraph 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b), for “37,600” there shall be substituted “45,000”, and
b
in paragraphs 1(3), 2(1) and 2(2), for “36,000” there shall be substituted “43,000”.
3
Schedule 1B to the Value Added Tax Act 1983 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “45,000” for “37,600”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
1
The County Council of Clwyd (River Dee Estuary Bridge) Scheme 1992 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the Welsh Office Repository, Curran Embankment, Cardiff and at the offices of Clwyd County Council, Shire Hall, Mold, Clwyd.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Clwyd (River Dee Estuary Bridge) Scheme 1992 Confirmation Instrument 1993.
Signed by authority of the Secretary of State
K. J. Thomas
Director of Highways Welsh Office
28th September 1993


text:
Citation and commencement
1
This Order may be cited as the Home Guard (Amendment) Order 1993 and shall come into force on 1st April 1993.
Amendment of article 1(6) of the Royal Warrant dated 21st December 1964
2
In article 1(6) of the Royal Warrant dated 21st December 1964 (definition of “public funds”), for the words “the Abolition of Domestic Rates etc. (Scotland) Act 1987” there shall be substituted the words “the Local Government Finance Act 1992 ”.
Amendment of article 1(6) of the Order by Her Majesty dated 22nd December 1964
3
In article 1(6) of the Order dated 22nd December 1964 (definition of “public funds”), for the words “the Abolition of Domestic Rates etc. (Scotland) Act 1987” there shall be substituted the words “the Local Government Finance Act 1992 ”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the City Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the City Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Dudley Road Hospital, Dudley Road, Birmingham B18 7QH and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Birmingham.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Birmingham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The West Birmingham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Kent Marshes) Designation Order 1993 and shall come into force on 13th February 1993.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep, or
1 soliped more than six months old;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the North Kent Marshes in the County of Kent which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of North Kent Marshes environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement at the rate of £115 per annum for each hectare of land to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 or 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
£ per hectare of land per annum
Schedule 2 165 Schedule 3 240
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3000 per agreement.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunton affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993
We consent
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 and shall come into force on 6th August 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Introduction of Disability Living Allowance) Regulations 1991 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered regulation is a reference to the regulation in the principal Regulations which bears that number.
2
In regulation 1(2) (interpretation) after the definition of “care component” there shall be inserted the following definition —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
3
In regulation 13 (treatment of two awards of disability living allowance) —
a
in paragraph (1), after the word “then” there shall be inserted the words “subject to paragraph (1A)”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
Paragraph (1) shall not apply where the two awards referred to in paragraph (1) are for fixed periods ending on different days.
;
c
in paragraph (2), sub-paragraph (c) shall be omitted;
d
after paragraph (2) there shall be inserted the following paragraphs —
2A
Where, after 26th December 1993, a person has two awards of disability living allowance for fixed periods ending on different days those awards shall terminate on the day the shorter period ends if the adjudication officer has determined that an award for the component corresponding to the award which was for the shorter period should be made —
a
for life, or
b
for a period ending on the day the award for the longer fixed period ends.
2B
A person whose awards of disability living allowance have been terminated by virtue of paragraph (2A) shall be treated, as from the day referred to in paragraph (2A), as having one award of disability living allowance —
a
where sub-paragraph (2A)(a) applies, consisting of one component for life corresponding to the component which was for the shorter period under the terminated award and the other component for a fixed period ending on the day the award for that component would have ended but for the termination of the award under sub-paragraph (2A)(a) payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components until the day on which the award for the fixed period ends and thereafter at the weekly rate which is the appropriate weekly rate for the component awarded for life;
b
where sub-paragraph (2A)(b) applies, consisting of two components both of which are for fixed periods ending on the day the period the award for the component corresponding to the component which was for the longer period under the terminated award ends payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components.
2C
Where, after 26th December 1993, a person has two awards of disability living allowance for fixed periods ending on different days the adjudication officer shall not make an award following review or make a new award for a period ending on a date after the date on which the award for the longer period ends unless either —
a
both awards are reviewed or made as the case may be for a period ending on the same date; or
b
one award is for life.
2D
Where, after 26th December 1993, a person who had two awards of disability living allowance for fixed periods ending on different days is awarded two awards of disability living allowance where either —
a
both awards are for fixed periods ending on the same day; or
b
one award is for life and one is for a fixed period,
those awards shall terminate immediately after they are made and the person shall be treated, as from that date, as having one award of disability living allowance consisting of either both components for a fixed period ending on the day the two awards of disability living allowance would have ended but for the termination of the awards under this paragraph or one component for life and one component for a fixed period ending on the day the two awards of disability living allowance would have ended but for the termination of the awards under this paragraph whichever is appropriate.
2E
Where a person is treated as having one award of disability living allowance under paragraph (2D) the award shall be payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of those components until the award for the fixed period ends and, if one component has been awarded for life, thereafter at the appropriate weekly rate for the component awarded for life.
;
e
after paragraph (3) there shall be inserted the following paragraph —
3A
In this regulation, in relation to references to two awards for fixed periods ending on different days, a reference to the shorter period is a reference to the award which ends first and a reference to the longer period is a reference to the award that ends second notwithstanding that the shorter period may be of longer duration.
.
4
In regulation 26 of the principal Regulations —
a
for paragraph (12), there shall be substituted the following paragraph —
12
Where a person —
a
before 6th April 1992 has an award of attendance allowance and of mobility allowance and —
i
those awards are paid in a different manner, and
ii
both awards are terminated in accordance with Parts II and III of these Regulations; or
b
has been awarded disability living allowance under regulation 11,
then the awards of disability living allowance shall be paid in accordance with paragraph (13).
;
b
in paragraph (13) for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
from such date before 27th December 1993 as the Secretary of State may in any particular case determine, on the day, for the period and, subject to paragraph (13A), in the manner determined by the Secretary of State;
and
c
after paragraph (13) there shall be inserted the following paragraph —
13A
Where the person in respect of whom the award is made, or in the case of a child or a person unable to act the person to whom the allowance is payable by virtue of regulation 43 of the Claims and Payments Regulations , has within 4 weeks of receiving notice of the Secretary of State’s determination under paragraph (13)(a) made an election which has been approved by the Secretary of State that he wishes the allowance to be paid in a manner other than that determined under paragraph (13)(a), the allowance shall be paid in the manner specified in the election from a date determined by the Secretary of State.
.
5
In regulation 27, paragraph (5) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th July 1993


text:
Citation and commencement
1
This Order may be cited as the Cleveland Ambulance National Health Service Trust (Establishment) Amendment Order 1993 and shall come into force on 26th November 1993.
Amendment of Establishment Order
2
In article 4 of the Cleveland Ambulance National Health Service Trust (Establishment) Order 1991 for the words from “5 non-executive” to the end of the article there shall be substituted the words “, 4 non-executive directors and 4 executive directors”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment (No. 2) Regulations 1993 and shall come into force on 17th August 1993.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
1
Regulation 4 of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A) of this regulation,”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
A person who is caring for two or more severely disabled persons in a week shall be treated as engaged and regularly and substantially engaged in caring for a severely disabled person only where he is engaged and regularly engaged for at least 35 hours in that week in caring for any one severely disabled person, considered without reference to any other severely disabled person for whom he is caring.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd July 1993