text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1992 and shall come into force on 1st April 1992.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Education Reform Act 1988;
“the 1989 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1989 ;
“the 1990 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1990 ;
“the 1991 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1991 ;
“financial year” has the meaning assigned to it by section 235(1) of the Act, and references to “the financial year in question” are references to the financial year in respect of which the determination of maintenance grant is made under these Regulations; and
“school” means a grant-maintained school (within the meaning of the Act) situated in England.
2
The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations —
aggregated budget section 33(4)(b) allocation formula section 38(2) capital grants section 79(3)(b) change in the characteristics of the school regulation 5(8) delegated budget section 33(6)(b) former maintaining authority sections 74(8) and 104(1)(i) and (6) general schools budget section 33(4)(a) incorporation date section 104(3) maintenance grant section 79(1) relevant date regulation 17(1) relevant expenditure regulation 15(5) scheme section 51(2)(a) school’s budget share section 51(2)(b) special purpose grants section 79(3)(a).
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered part, regulation or Schedule is a reference to the part, regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation and transitional provisions
3
1
The 1991 Regulations are hereby revoked.
2
Notwithstanding the following provisions of these Regulations —
a
the 1989 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1990, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year; and
b
the 1990 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1991, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31st March 1991; and
c
the 1991 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1992, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year.
3
Paragraph (1) is without prejudice to the continued operation after 31st March 1992 of the requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under one or more of (as the case may be) the 1989, 1990 and 1991 Regulations.
PART 2
DETERMINATION OF AMOUNT OF MAINTENANCE GRANT WHERE THE FORMER MAINTAINING AUTHORITY ARE REQUIRED TO PREPARE A STATEMENT UNDER SECTION 42 OF THE ACT
Determination of amount of maintenance grant
4
1
This Part applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to the provisions of Part 4.
2
Subject to regulation 13, the amount of maintenance grant payable in a case to which this Part applies for the financial year in question shall be the sum of the following amounts —
a
an amount determined in accordance with (as the case may be) regulation 5, 6 or 7;
b
an amount determined in accordance with (as the case may be) regulation 8, 9 or 10;
c
an amount determined in accordance with regulation 11; and
d
(where applicable) an amount determined in accordance with regulation 12.
3
Where in the opinion of the Secretary of State precise calculation for the purpose of determining any of the amounts referred to in paragraph (2) —
a
would be impracticable;
b
would not significantly affect the amount; or
c
would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount, State to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard in particular to the former maintaining authority’s scheme.
Determination of an amount in respect of a comparable maintained school’s budget share
5
1
Subject to regulations 6 and 7, the Secretary of State shall determine an amount which he is satisfied is or approximates to an amount which the former maintaining authority could have determined, by the application (subject to the following provisions of this regulation) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question.
2
Where —
a
before the beginning of the financial year in question the allocation formula included provision for taking into account a particular characteristic of a school which will affect the needs of the school as distinct from those of other schools which do not share that characteristic; and
b
the scheme has been varied or replaced before the relevant date in relation to the school (as initially determined) and for the financial year in question —
i
no such provision is included in the allocation formula; or
ii
the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been varied or replaced,
the allocation forumla shall be deemed, for the purposes of determining the amount under paragraph (1), to include such provision as it had effect immediately before the scheme was so varied or replaced:
Provided that the Secretary of State shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to him to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of schools maintained by them occurring during or since the financial year immediately preceding the financial year in question.
3
Where —
a
by the application of the allocation formula a part of a school’s budget share is determined by reference to either —
i
an amount of expenditure attributable to each registered pupil of each relevant age group or falling within each relevant age group;
ii
an amount or amounts (as the case may be) of expenditure attributable to any unit of measurement adopted for any factor included in the allocation formula; or
iii
the amount or amounts (as the case may be) of expenditure attributable to any other such factor; and
b
the proportion that any such amount is of a comparable maintained school’s budget share is less in the financial year in question than it would have been in a previous financial year, deemed by the Secretary of State, in applying the allocation formula for the purpose of determining the amount under paragraph (1), to be the amount or amounts determined in accordance with paragraph (4).
4
For the purposes of paragraph (3), the Secretrary of State shall determine as the amount or amounts of expenditure so attributable for the purposes of the allocation formula the amount or amounts so attributable in such previous financial year as the Secretary of State shall decide, adjusted by such amount or amounts as appears or appear to him to be fair and reasonable having regard, in particular, to —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of schools maintained by them occurring during or since that year; and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
5
Subject to paragraphs (6), (7) and (8), references in this Part (other than in regulation 10) to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
a
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
b
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
6
Where the allocation formula includes provision for taking into account the amount of any non-domestic rate payable in respect of a school, the Secretary of State shall, in applying the allocation formula for the purpose of determining the amount under paragraph (1), apply that provision as if the amount of the non-domestic rate payable was —
a
in the case of a school which was a charity before becoming a grant-maintained school, that payable in respect of a comparable maintained school which is a charity; and
b
in the case of a school which was not a charity before becoming a grant-maintained school, that payable in respect of a comparable maintained school which is not a charity.
7
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the former maintaining authority’s scheme whether or not there is in fact such a school; and, for the purposes of paragraph (6), it is to be further assumed that a comparable maintained school is capable of being a charity.
8
References in these Regulations to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils there at.
9
In this regulation —
“charity” means an institution established for charitable purposes only;
“factor” means, in relation to the allocation formula, any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula; and
“relevant” in relation to “age” and “age group” means an age group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils.
6
1
This regulation applies in the case of any school whose incorporation date is after 1st April in the financial year inquestion.
2
In any case to which this regulation applies the Secretary of State shall not determine an amount in accordance with regulation 5(1); but he shall determine an amount in accordance with paragraph (3).
3
The Secretary of State shall determine an amount which appears to him to be equal to that amount of the school’s budget share for the financial year in question in respect of which either sums had not yet been made available pursuant to section 36(2) and (3) of the Act, or, if made available, had not been spent, immediately before the school’s incorporation date by the governing body of the school (before it acquired grant-maintained status) in exercise of their powers under section 36(5) of the Act.
7
1
This regulation applies in the case of a school, which was agrant-maintained school at any time in the financial year preceding the financial year in question, where it appears to the Secretary of State that, in relation to the financial year in question, the comparable maintained school’s budget share would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year.
2
In any case to which this regulation applies, the Secretary of State may decide not to determine an amount in accordance with regulation 5, but instead to determine an amount in accordance with paragraph (3).
3
Where the Secretary of State decides to determine an amount in accordance with this paragraph he shall determine an amount in respect of a comparable maintained school’s budget share by reference to the school’s maintenance grant for the financial year preceding the financial year in question, adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the immediately preceding financial year, and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
Determination of an amount as a percentage addition
8
Subject to regulations 9 and 10, the Secretary of State shall determine an amount which is equal to 15 per cent. of the amount determined in respect of the school in accordance with, as the case may be, regulation 5, 6 or 7.
9
1
Without prejudice to regulation 10, this regulation applies in the case of any school —
a
whose incorporation date falls in or before the financial year ending on 31st March 1992;
b
in respect of which maintenance grant was determined for that financial year under regulation 4, 5 or 6 of the 1991 Regulations; and
c
in respect of which the amount first referred to in regulation 8 is less than the amount which was determined in respect of the school under (as the case may be) regulation 4(5), 5(6) or 6(6) of the 1991 Regulations for the financial year ending on 31st March 1992.
2
In any case to which this regulation applies, regulation 8 shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school under (as the case may be) regulation 4(5) or (6), 5(6), or 6(6) or (7) of the 1991 Regulations for the financial year ending on 31st March 1992.
10
1
In any case to which this regulation applies the Secretary of State shall not determine an amount in accordance with regulation 8 or 9; but he shall determine an amount in accordance with paragraph (4).
2
This regulation applies in any case where —
a
before the relevant date in relation to the school (as initially determined) either the former maintaining authority or the governing body of the school request in writing that a determination is made under this regulation; and
b
it appears to the Secretary of State that, on the relevant date in relation to the school (as initially determined), at least 15 per cent. of either —
i
primary maintained schools in the area of the former maintaining authority (rounded up to a whole number); or
ii
secondary maintained schools in the area of the former maintaining authority (rounded up to a whole number),
3
a
For the purposes of paragraph (4), the Secretary of State shall calculate the percentage that the amount determined in accordance with sub-paragraph (b) below is of the amount determined in accordance with sub-paragraph (c) below (referred to in this regulation as “the relevant percentage”).
b
The Secretary of State shall determine an amount by the application of the following formula —
A × B C ,
where
A is the amount of the former maintaining authority’s general school’s budget for the financial year in question which, in the opinion of the Secretary of State would remain after deducting from it —
their aggregated budget for the year;
the authority’s planned expenditure on those heads or items specified in Schedule 1;
the authority’s planned expenditure on the provision of school meals; and
any amount appropriated for meeting expenditure in respect of contingencies:
Provided that in determining the amounts under paragraphs (ii) to (iv) the Secretary of State shall exclude any such expenditure, or, in the case of expenditure in respect of contingencies, any amount appropriated by the authority for meeting such expenditure, falling within their aggregated budget;
B is the number of registered pupils on a date determined by the Secretary of State at all primary schools or all secondary schools maintained or formerly maintained by the former maintaining authority (according as to whether the school is a primary school or a secondary school) which are required to be covered by a statement for the financial year in question under section 42 of the Act; and
C is the number of registered pupils on that date at all such schools whether primary or secondary.
c
The Secretary of State shall determine an amount which appears to him to be equal to the amount of the authority’s aggregated budget which is available for allocation to all primary schools or all secondary schools maintained or formerly maintained by them which are required to be covered by the authority’s scheme for the financial year in question, according as to whether the school is a primary school or a secondary school.
4
The Secretary of State shall determine an amount which is equal to the relevant percentage of the amount determined in respect of the school in accordance with, as the case may be, regulation 5, 6 or 7.
5
In paragraph (2), references to primary maintained schools and secondary maintained schools are references to (as the case may be) primary schools or secondary schools which are —
a
county or voluntary schools; and
b
grant-maintained schools.
Determination of an amount in respect of school meals, contingencies and the provision of nursery education
11
1
The Secretary of State shall determine the amount which is the sum of the amounts determined in accordance with paragraphs (2) to (5).
2
The Secretary of State shall determine an amount in respect of the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) , ( B )
where
M is the total number of registered pupils in receipt of free school meals at the school;
F is the total of the former maintaining authority’s planned expenditure for the year in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the immediately preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the year on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the immediately preceding financial year determined by the Secretary of State.
3
In paragraph (2),
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the Act, according as to whether the school is a primary school or a secondary school.
4
The Secretary of State shall determine the amount which it appears to him the governing body of the school, had it continued to be maintained by the authority, would have been eligible in accordance with the authority’s scheme to receive in respect of contingencies.
5
Where the governing body of the school provides education for junior pupils who have not attained the age of five years, the Secretary of State shall determine an amount in respect of such provision which he is satisfied is fair and reasonable having regard in particular to the extent that, in his opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 5, 6 or 7.
Determination of an amount representing the unspent sum of a previous financial year’s budget share
12
1
This regulation applies where —
a
the determination of maintenance grant in respect of a school is for the financial year in which the school’s in corporation date falls; and
b
in a previous or previous financial years the school (before it acquired grant-maintained status) had a delegated budget under a scheme made by the former maintaining authority.
2
In any case to which this regulation applies, there shall be added to the amount of maintenance grant payable in respect of the school under regulation 4 an amount determined in accordance with paragraph(3).
3
The Secretary of State shall determine the amount which it appears to him is equal to that amount of the school’s budget share for any financial year prior to the financial year in question in respect of which either sums were not made available pursuant to section 36(2) or (3) of the Act, or, if made available, were not spent by the governing body in exercise of their powers under section 36(5) of the Act.
Determination of amount of maintenance grant otherwise than under regulation 4
13
1
Notwithstanding the provisions of regulation 4, but subject to the following provisions of this regulation, the Secretary of State may determine the amount of maintenance grant payable to the governing body of a school for the financial year in question in accordance with the provisions of regulation 15(2) to (7), or, as the case may be, regulation 16(2) to (6) save that —
a
in the definition of “relevant schools” in regulation 15(6)(b) (including that definition as it is applied for the purposes of regulation 16(6)), for the reference to “section 50” there shall be substituted a reference to “section 42”;
b
in regulation 16(5) there shall be substituted —
i
in sub-paragraph (a)(ii), for the words “regulation 5 or 6” the words “regulation 4, 5 or 6”; and
ii
in sub-paragraphs (a)(iii) and (c), for the words “regulation 5(6) or 6(6)” the words “regulation 4(5), 5(6) or 6(6)”; and
c
in any case where, were the amount of maintenance grant in respect of the school to be determined under regulation 4, the Secretary of State would be required to determine an amount pursuant to regulation 12, there shall be added to the amount of maintenance grant determined in respect of the school the amount which would have been determined for the school in accordance with that regulation.
2
Subject to paragraph (3), the Secretary of State shall consult the former maintaining authority and (as the case may be) the governing body or the prospective governing body of the school before determining pursuant to paragraph (1) the amount of maintenance grant payable in respect of the school for the financial year in question.
3
Paragraph (2) shall not apply in any case where —
a
the school’s incorporation date is 1st April in the financial year in question; and
b
it appears to the Secretary of State that, in relation to that financial year, a comparable maintained school’s budget share, determined by the application of the allocation formula in the former maintaining authority’s scheme, would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year.
PART 3
DETERMINATION OF AMOUNT OF MAINTENANCE GRANT WHERE THE FORMER MAINTAINING AUTHORITY ARE NOT REQUIRED TO PREPARE A STATEMENT UNDER SECTION 42 OF THE ACT
14
This Part applies for the purpose of determining the amount of maintenance grant payable in respect of a school for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to the provisions of Part 4.
Determination of an amount of maintenance grant where incorporation date falls in the financial year in respect of which the determination is made
15
1
This regulation applies where the school’s incorporation date falls in the financial year in respect of which the determination of grant is made.
2
The amount of maintenance grant payable to the governing body of the school for the financial year in question shall, subject to any adjustment made in accordance with paragraph (7), be the sum of the amounts determined in accordance with paragraphs (3), (5) and (6).
3
The Secretary of State shall determine an amount which he is satisfied is equal to the amount of relevant expenditure incurred by the former maintaining authority in respect of the school for the financial year ending last before the incorporation date of the school.
4
The reference in paragraph (3) to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 2, but does not include any expenditure on the heads or items specified in Schedule 1.
5
The Secretary of State shall determine an amount which is equal to 15 per cent. of the amount determined in accordance with paragraph (3).
6
a
The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) , ( B )
where
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 11(2).
b
In this paragraph, “number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school.
7
The sum of the amounts determined in accordance with paragraphs (3), (5) and (6) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard, in particular, to —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
Determination of amount of maintenance grant for school which was a grant-maintained school before the financial year in respect of which the determination is made
16
1
This regulation applies in any case where the school was a grant-maintained school before the financial year in respect of which the determination of grant is made.
2
The amount of maintenance grant payable to the governing body of the school for the financial year in question shall be the sum of the amounts determined in accordance with paragraphs (3), (4) and (6).
3
The Secretary of State shall determine an amount which is produced by —
a
taking the amount which —
i
in the case of a school whose incorporation date falls in or before the financial year ending on 31st March 1992, was determined in respect of the school under regulation 5(4) or, as the case may be, 6(4) of the 1991 Regulations for that year; or
ii
in the case of a school whose incorporation date falls after the financial year ending on 31st March 1992, is determined in respect of the school under regulation 15(4) for the financial year in which the school’s incorporation date falls; and
b
adjusting that amount by such amount as appears to him to be fair and reasonable having regard, in particular, to —
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring since the financial year in respect of which the amount referred to in sub-paragraph (a) above was determined; and
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to him is likely to occur before the end of the financial year in relation to which grant is being determined.
4
Subject to paragraph (5), the Secretary of State shall determine an amount which is equal to 15 per cent. of the amount determined in respect of the school in accordance with paragraph (3).
5
a
This paragraph applies in the case of any school —
i
whose incorporation date falls in or before the financial year ending on 31st March 1992;
ii
in respect of which maintenance grant was determined for that year under regulation 5 or 6 of the 1991 Regulations; and
iii
in respect of which the amount determined in accordance with paragraph (4) would be less than the amount which was determined in respect of the school under regulation 5(6) or 6(6) of the 1991 Regulations for the financial year ending on 31st March 1992.
b
In any case to which this paragraph applies, paragraph (4) shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school under regulation 5(6) or, as the case may be, 6(6) of the 1991 Regulations for the financial year ending on 31st March 1992.
6
a
The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) , ( B )
where
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 11(2).
b
In this paragraph, “number of registered pupils”, “planned expenditure” and “relevant schools” shall have the meanings assigned to them by regulation 15(6)(b).
PART 4
MAINTENANCE GRANT — GENERAL PROVISIONS
Relevant date
17
1
Subject to paragraphs (2) and (3) below, any amount required to be determined by the Secretary of State under the provisions of Parts 2 and 3 shall be determined on the information available to him on a date determined by him and notified by him to the former maintaining authority (referred to in these Regulations as “the relevant date”).
2
The Secretary of State may redetermine the relevant date in any case where he considers it appropriate to do so and shall in any such case notify the governing body of the school and the former maintaining authority of the redetermined date.
3
Where there is not available to the Secretary of State on the relevant date (or that date as redetermined in accordance with paragraph (2)) sufficient information as will, in his opinion, allow him to determine any of the amounts referred to in paragraph (1) he may determine the amount of maintenance grant payable in respect of the school on such basis as appears to him to be fair and reasonable having regard to the information available to him on the relevant date.
4
The Secretary of State shall not take into account any information made available to him after the relevant date (but before the date of his determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial yearin question.
Apportionment of maintenance grant
18
1
This regulation applies in the case of any school whose incorporation date falls after 1st April in the financial year in respect of which the determination of maintenance grant under these Regulations is made.
2
Where in respect of any such school the amount of maintenance grant is determined in accordance with regulation 4, the amount of maintenance grant payable to the governing body for the financial year in question shall be apportioned in accordance with the following formula —
A × C × F B + D ,
where
A is the number of days in the financial year falling on or after the incorporation date of the school;
B is 365 or, where the financial year in question ends during a leap year, 366;
C is the amount determined in accordance with regulation 11(2); and
D is the sum of the amounts determined in accordance with regulations 6, 8 or (as the case may be) 10, 11(4), 11(5) and 12.
F bears the value ascribed to it in the Table below according to the incorporation date of the school —
incorporation date 1st April — 31st July F=1.0 incorporation date 1st August — 31st December F=1.015 incorporation date 1st January — 31st March F=1.02.
3
Where in respect of any such school the amount of maintenance grant is determined under regulation 15 or 17(3), the amount of maintenance grant payable to the governing body of the school for the financial yearin question shall be apportioned in accordance with the following formula —
A × C × F , B
where
C is the amount of maintenance grant determined in respect of the school in accordance with regulation 15 or, as the case may be, regulation 17(3); and
A, B and F represent the matters respectively denoted by those letters in paragraph (2).
4
Where in respect of any such school the amount of maintenance grant is determined in accordance with regulation 13, the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be apportioned in accordance with the following formula —
A × C × F B + G ,
where
C is the amount determined in respect of the school in accordance with (as the case may be) regulation 15(2) to (7); and
G is the amount, if any, determined in respect of the school in accordance with regulation 13(1)(c); and
A, B and F represent the matters respectively denoted by those letters in paragraph (2).
Adjustments
19
1
Without prejudice to paragraphs (3) and (4) but subject to paragraph (2), where after determining the amount of maintenance grant payable in respect of any school for any financial year (or any part of such a year) in accordance with these Regulations, it appears to the Secretary of State that, by reason of any change in the characteristics of the school or the level of spending by the former maintaining authority, or otherwise, the amount so payable should be revised, he may redetermine the amount of such grant payable in respect of the school for that year (or any part of that year) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
2
Paragraph (1) shall not enable the Secretary of State to revise his determination of maintenance grant payable in respect of a school so as to reduce the amount of maintenance grant payable in respect of the school for the financial year in question.
3
Subject to paragraph (4), where the Secretary of State is satisfied that his determination of the amount of maintenance grant in respect of any school for any financial year (or any part of such a year) was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations, he may redetermine the amount of such grant payable in respect of the school for that year (or any part of that year) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
4
Where it appears to the Secretary of State that —
a
the circumstances specified in paragraph (3) apply by reason of his ignorance of, or mistake as to, some material fact; and
b
such ignorance or mistake was attributable to an act or omission of the former maintaining authority, determination under paragraph (3) if the effect of such revision would be to reduce the amount of maintenance grant payable in respect of the school for the financial year in question.
5
A determination which has been revised in accordance with this regulation may be further revised in accordance with this regulation and may be so further revised notwithstanding that the Secretary of State is satisfied that the revised determination was not made in accordance with these Regulations.
Requirements which may be attached to payment of maintenance grant
20
1
The requirement set out in paragraph 1 of Schedule 3 is specified as a requirement which may be imposed by the Secretary of State on governing bodies to whom payments of maintenance grant are or have been made.
2
The Secretary of State may determine, for the purposes of the application of section 79(7) of the Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 3.
PART 5
CAPITAL AND SPECIAL PURPOSE GRANTS
Capital grants
21
The Secretary of State may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school.
Special purpose grants
22
1
The Secretary of State may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 5 incurred or to be incurred by the governing body of a school —
a
for or in connection with the educational purposes so specified; or
b
in respect of any expenses so specified being expenses which it appears to the Secretary of State the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of special purpose grants
23
1
The requirements set out in paragraph 1 of Schedule 3 and paragraph (2) below are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments of special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are —
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the Secretary of State.
3
The Secretary of State may determine for the purposes of the application of section 79(7) of the Act to such governing bodies as are referred to in paragraph (1) —
a
any requirement referred to in paragraphs 2 to 4 of Schedule 3;
b
any requirement formulated with a view to the Secretary of State satisfying himself that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as he may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by him in accordance with this regulation subject to which the payments were made is not complied with.
PART 6
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM FORMER MAINTAINING AUTHORITY
Determination of amount to be recovered
24
1
Subject to paragraph (2) below, the total amount which the Secretary of State may recover from the former maintaining authority of a school in respect of any financial year beginning on or after 1st April 1992 by virtue of section 81(1) of the Act is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).
2
The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a former maintaining authority by virtue of section 81(1) of the Act in respectof any school for any financial year may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of any previous financial year.


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire and Nottinghamshire (County Boundaries) Order 1992.
2
This Order shall come into force on 29th September 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 —
“district” includes a borough;
“Derbyshire” means the county of Derbyshire;
“electoral division” means an electoral division of the county to which an area is transferred by this Order;
“Nottinghamshire” means the county of Nottinghamshire;
any reference to Amber Valley, to Bolsover or to Erewash is a reference to the Derbyshire district of that name;
any reference to Ashfield, to Bassetlaw, to Broxtowe or to Mansfield is a reference to the Nottinghamshire district of that name;
“the map” means one of the 12 maps prepared by the Department of the Environment, marked “Maps of the Derbyshire and Nottinghamshire (County Boundaries) Order 1992”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district to which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers from Derbyshire to Nottinghamshire
3
Each area of Derbyshire which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from that county and from the district (and the parish, if any) named in column 3 to —
a
Nottinghamshire;
b
the district (and the parish, if any) mentioned in column 4;
c
the ward, electoral division and petty sessional division so mentioned; and to
d
the Nottinghamshire coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Derbyshire, and from — To Nottinghamshire, and to —
F, G, H, J and K 6
Amber Valley
Parish of Aldercar and Langley Mill
Broxtowe
Parish of Brinsley
Brinsley ward
Eastwood and Brinsley electoral division
Nottingham petty sessional division
L 6
Amber Valley
Parish of Aldercar and Langley Mill
Broxtowe
Parish of Eastwood
Eastwood North ward
Eastwood and Brinsley electoral division
Nottingham petty sessional division
C 5
Amber Valley
Parish of Ironville
Ashfield
Parish of Selston
Jacksdale ward
Selston electoral division
Mansfield petty sessional division
C 7
Amber Valley
Parish of Shipley
Broxtowe
Parish of Eastwood
Eastwood South ward
Eastwood and Brinsley electoral division
Nottingham petty sessional division
E and G 2
Bolsover
Parish of Elmton
Bassetlaw
Parish of Holbeck
Welbeck ward
Worksop South East and Welbeck electoral division
Worksop petty sessional division
A, B and C 2
Bolsover
Parish of Whitwell
Bassetlaw
Parish of Holbeck
Welbeck ward
Worksop South East and Welbeck electoral division
Worksop petty sessional division
A 1
Bolsover
Parish of Whitwell
Bassetlaw
Parish of Shireoaks
Worksop (North West) ward
Worksop West electoral division
Worksop petty sessional division
C 10
Erewash
Parish of Sandiacre
Broxtowe
Parish of Stapleford
Stapleford North ward
Stapleford North and West electoral division
Nottingham petty sessional division
D, E and F 10
Erewash
Parish of Sandiacre
Broxtowe
Parish of Stapleford
Stapleford West ward
Stapleford North and West electoral division
Nottingham petty sessional division
D 11
Erewash
Parish of Sandiacre
Broxtowe
Unparished
Toton ward
Toton and Attenborough electoral division
Nottingham petty sessional division
A and B 10
Erewash
Parish of Stanton by Dale
Broxtowe
Parish of Trowell
Strelley and Trowell ward
Kimberley and Trowell electoral division
Nottingham petty sessional division
A 9
Erewash
Unparished
Broxtowe
Parish of Trowell
Strelley and Trowell ward
Kimberley and Trowell electoral division
Nottingham petty sessional division
E, F and G
J
11
11 & 12
Erewash
Unparished
Broxtowe
Unparished
Toton ward
Toton and Attenborough electoral division
Nottingham petty sessional division
M and P 12
Erewash
Unparished
Broxtowe
Unparished
Attenborough ward
Toton and Attenborough electoral division
Nottingham petty sessional division
Transfers from Nottinghamshire to Derbyshire
4
Each area of Nottinghamshire which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from that county and from the district (and the parish, if any) named in column 3 to —
a
Derbyshire;
b
the district (and the parish, if any) mentioned in column 4;
c
the ward, electoral division, petty sessional division and coroner’s district so mentioned.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Nottinghamshire and from — To Derbyshire, and to —
B and D 5
Ashfield
Parish of Selston
Amber Valley
Parish of Ironville
Riddings ward
Somercotes electoral division
Alfreton and Belper petty sessional division
Derby and South Derbyshire coroner’s district
A 5
Ashfield
Parish of Selston
Amber Valley
Parish of Somercotes
Somercotes ward
Somercotes electoral division
Alfreton and Belper petty sessional division
Scarsdale coroner’s district
C, D, E, F and G 4
Ashfield
Parish of Selston
Bolsover
Parish of Pinxton
Pinxton ward
South Normanton electoral division
Alfreton and Belper petty sessional division
Scarsdale coroner’s district
A and B 4
Ashfield
Unparished
Bolsover
Parish of Pinxton
Pinxton ward
South Normanton electoral division
Alfreton and Belper petty sessional division
Scarsdale coroner’s district
F 2
Bassetlaw
Parish of Holbeck
Bolsover
Parish of Elmton
Elmton-with-Cresswell ward
Elmton electoral division
Chesterfield petty sessional division
Scarsdale coroner’s district
D and H 2
Bassetlaw
Parish of Holbeck
Bolsover
Parish of Whitwell
Whitwell ward
Elmton electoral division
Chesterfield petty sessional division
Scarsdale coroner’s district
B 1
Bassetlaw
Parish of Shireoaks
Bolsover
Parish of Whitwell
Whitwell ward
Elmton electoral division
Chesterfield petty sessional division
Scarsdale coroner’s district
A, B, C and D 6
Broxtowe
Parish of Brinsley
Amber Valley
Parish of Aldercar and Langley Mill
Aldercar ward
Loscoe electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
E
A & B
6
7
Broxtowe
Parish of Eastwood
Amber Valley
Parish of Aldercar and Langley Mill
Aldercar ward
Loscoe electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
A 8
Broxtowe
Parish of Cossall
Erewash
Unparished
Ilkeston Central ward
Ilkeston electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
J, K and L 10
Broxtowe
Parish of Stapleford
Erewash
Parish of Sandiacre
North parish ward
Sandiacre North ward
Sandiacre electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
A and B 11
Broxtowe
Parish of Stapleford
Erewash
Parish of Sandiacre
South parish ward
Sandiacre South ward
Sandiacre electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
H 10
Broxtowe
Parish of Stapleford
Erewash
Parish of Stanton by Dale
Dale Abbey ward
Sandiacre electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
G 10
Broxtowe
Parish of Trowell
Erewash
Parish of Stanton by Dale
Dale Abbey ward
Sandiacre electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
B 9
Broxtowe
Parish of Trowell
Erewash
Unparished
Old Park ward
Ilkeston electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
C, D and E 9
Broxtowe
Parish of Trowell
Erewash
Unparished
Ilkeston South ward
Kirk Hallam electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
C 11
Broxtowe
Unparished
Erewash
Parish of Sandiacre
Sandiacre South ward
Sandiacre electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
H
K, L and N
11
12
Broxtowe
Unparished
Erewash
Unparished
Nottingham Road ward
Long Eaton electoral division
Ilkeston petty sessional division
Derby and South Derbyshire coroner’s district
A 3
Mansfield
Parish of Warsop
Bolsover
Parish of Scarcliffe
Scarcliffe East ward
Scarcliffe electoral division
Chesterfield petty sessional division
Scarsdale coroner’s district
B 3
Mansfield
Parish of Warsop
Bolsover
Parish of Shirebrook
Shirebrook East ward
Shirebrook electoral division
Chesterfield petty sessional division
Scarsdale 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
G.S.K. Young
Minister of State,
Department of the Environment
26th August 1992


text:
1
This Order may be cited as the Civil Aviation Act 1982 (Guernsey) (Amendment) Order 1992 and shall come into force on 17th March 1992.
2
1
The Civil Aviation Act 1982 (Guernsey) Order 1992 shall be amended in accordance with the following provisions of this article.
2
In Part I of Schedule 1, the entry relating to section 88 (detention and sale of aircraft for unpaid airport charges) shall be omitted.
3
In paragraph 11 of Part II of Schedule 1, after sub-paragraph (b) the word “and” shall be omitted and there shall be inserted the following provision:“(bb) in subsection (5), for “below” there shall be substituted “of this Act as it has effect in the United Kingdom”; and”.
4
Paragraph 17 of Part II of Schedule 1 shall be omitted.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1992 and shall come into force on 1st August 1992.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1992 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Argentina — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Burkina — 1st August 1992 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 Denmark — 1st July 1991 Ecuador — 1st April 1992 France — 1st August 1986 Germany — 1st December 1990 Hungary — 1st September 1986 Republic of Ireland — 1st October 1991 Israel — 1st December 1991 Luxembourg — 1st January 1987 Mexico — 1st September 1991 Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 Portugal — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 Switzerland — 1st August 1986 United States — 1st July 1988 Yugoslavia — 1st December 1991
G.I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Variation) Order 1992 and shall come into force on 9th June 1992.
Variation of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991
2
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 shall be varied in accordance with articles 3 to 8 below.
3
In article 2 thereof (interpretation) —
a
in paragraph (1) —
i
the definition of “codline” shall be omitted;
ii
in the definition of “protected species” there shall be inserted at the end the words “, and references in that Article to Annex II mean Annex II as amended by Council Regulation ( EEC ) No. 2024/88 , Council Regulation (EEC) No. 4056/89 and Council Regulation (EEC) No. 345/92 ”;
b
there shall be inserted at the end the following paragraphs —
3
For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for nephrops (Nephrops norvegicus) and a boat shall be deemed to have been fishing for nephrops if the catch retained on board that boat includes at least 30% by weight nephrops and not more than 60% by weight protected species.
4
For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for queen scallops (Chlamys opercularis) and a boat shall be deemed to have been fishing for queen scallops if the catch retained on board that boat includes at least 80% by weight queen scallops and not more than 10% by weight protected species.
.
4
For article 3 thereof (exemptions) there shall be substituted the following article —
Exemptions
3
1
This Order shall not apply to any net carried in, or used by, a beam trawler.
2
The requirements relating to carriage of nets in article 4 shall not apply to any net which is properly lashed and stowed in such a way that it may not be readily used.
3
Articles 4(1) and 6 shall not apply to any net carried in, or used by, a boat for the purpose of fishing for queen scallops.
4
Article 6 shall not apply to any net carried in, or used by, a boat for the purpose of fishing for nephrops.
.
5
For article 4 thereof (regulation of carriage and use of nets) there shall be substituted the following article —
Regulation of carriage and use of nets
4
1
Subject to article 3(1) to (3) and paragraphs (2) and (3) below, any net with a minimum mesh size of 80 millimetres or more but less than 90 millimetres carried in, or used by, any British fishing boat registered in the United Kingdom in ICES VI south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland) or ICES VIIa (Irish Sea) shall have incorporated in it as part of the net a square mesh panel which —
a
has a minimum mesh size of 80 millimetres;
b
is at least 2 metres in length in the case of a boat with a registered engine power not exceeding 112 kilowatts, and is at least 3 metres in length in the case of any other boat;
c
is placed —
i
in the codend or in any extension piece with, in either case, the panel extending widthways across the topmost part of the net at right angles to the towing axis for at least 90% of the top half of the net; or
ii
immediately in front of any extension piece or, in the absence of any extension piece, immediately in front of the codend with, in either case, the panel extending widthways across the topmost part of the net at right angles to the towing axis for at least the same distance as the distance across 90% of the top half of the net at the front end of the codend;
d
is attached along each lengthwise edge to the net in such a way that the stretched length of the section of the net to which the panel is attached is the same as the stretched length of the panel along that lengthwise edge;
e
is constructed so that at any point along the length of the panel the number of meshes widthways across the panel is no greater than half the number of meshes widthways across the section of the net to which the front end of the panel is attached; and
f
is placed either forward of any flapper or with the front end of the panel to the rear of any flapper by at least 3 flapper lengths.
2
Subject to article 3(1) and (2), any net with a minimum mesh size of 70 millimetres or more but less than 90 millimetres carried in, or used by, any British fishing boat registered in the United Kingdom in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI (Rockall and West of Scotland) for the purpose of fishing for nephrops shall have incorporated in it as part of the net a square mesh panel which —
a
has a minimum mesh size of 80 millimetres; and
b
complies with the criteria set out in paragraph (1)(b) to (f) above.
3
Subject to article 3(1) and (2), any net with a minimum mesh size of between 70 millimetres and 85 millimetres inclusive carried in, or used by, any British fishing boat registered in the United Kingdom in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel) for the purpose of fishing for nephrops shall have incorporated in it as part of the net a square mesh panel which —
a
has a minimum mesh size of 75 millimetres; and
b
complies with the criteria set out in paragraph (1)(b) to (f) above.
.
6
In article 6(1) thereof (regulation of codend and extension piece) —
a
after the words “article 3(1)” there shall be inserted the words “, (3) and (4)”;
b
for the words from “of between 90 millimetres” to the words “(West of Scotland) — ” there shall be substituted the words “of 80 millimetres or more is carried in, or used by, any British fishing boat registered in the United Kingdom — ”.
7
In article 7 thereof (regulation of carriage and use of strengthening bags and top-side chafers) —
a
paragraph (1) shall be omitted;
b
in paragraph (2) for the words “article 4(2) or (3)” there shall be substituted the words “article 4”.
8
In the Schedule thereto (statistical sub-areas and divisions of the International Council for the Exploration of the Sea) there shall be inserted after the entry relating to ICES Statistical Sub-Area VI (Rockall and West of Scotland) the following entry —
ICES Statistical Sub-Area VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel)
The waters bounded by a line beginning at a point on the west coast of the Republic of Ireland in 54°30' north latitude; thence due west to 18°00' west longitude; thence due south to 48°00' north latitude; thence due east to the coast of France; thence in a northerly and north-easterly direction along the coast of France to a point in 51°00' north latitude; thence due west to the south-east coast of England; thence in a westerly and northerly direction along the coasts of England, Wales and Scotland to a point on the west coast of Scotland in 55°00' north latitude; thence due west to the coast of Northern Ireland; thence in a northerly and westerly direction along the coasts of Northern Ireland and the Republic of Ireland to the point of beginning.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
4th June 1992
David Hunt
Secretary of State for Wales
3rd June 1992
Patrick Mayhew
Secretary of State for Northern Ireland
5th June 1992


text:
Commencement and citation
1
These Regulations may be cited as the Horses (Protective Headgear for Young Riders) Regulations 1992 and shall come into force on 30th June 1992.
Interpretation
2
In these Regulations —
a
a reference to a British Standard means a British Standard mentioned in an item in the Schedule as originally published or as subsequently amended by an Amendment Slip mentioned in that item;
b
“the Directive” means Council Directive 89/686/ EEC on the approximation of the laws of the Member States relating to personal protective equipment ;
c
“ EC mark of conformity” has the same meaning as in the Directive; and
d
a reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which it appears.
Disapplication of section 1 of the Act
3
1
Section 1 of the Act shall not apply in relation to a child described in paragraph (2) nor to the riding of horses in the circumstances specified in paragraph (3).
2
A child referred to in paragraph (1) is a child who is a follower of the Sikh religion while he is wearing a turban.
3
The circumstances referred to in paragraph (1) are —
a
the riding is within 30 metres of the high water mark of ordinary spring tides; and
b
the horse is being led on a leading rein on foot by the owner of the horse or another person aged 18 years or over who is authorised to do so by the owner; and
c
no more than two horses are being led at any one time.
Descriptions of protective headgear
4
1
Subject to paragraph (2), for the purposes of section 1 of the Act the protective headgear to be worn by a child riding a horse on a road, other than a child in relation to whom or in circumstances in relation to which section 1 is disapplied by regulation 3, shall be a helmet which —
a
in the case of a helmet manufactured on or after 1st July 1992, bears the EC mark of conformity and satisfies the basic health and safety requirements laid down in Annex II to the Directive for a helmet which is manufactured with the intention that it should be worn by a child riding a horse or a pedal cycle on a road;
b
in the case of a helmet manufactured before 1st July 1992 —
i
conforms to a British Standard and bears a marking applied by the manufacturer indicating compliance with the requirements contained in the British Standard; or
ii
conforms to any relevant national standard of a national standards institution of, or a public authority of, another Member of State of the European Communities, or conforms to any national regulation of such Member State, provided that the standard or regulation offers guarantees of safety, suitability and fitness for purpose equivalent to those offered by a British Standard and bears a marking or an equivalent indication applied by the manufacturer indicating compliance with the requirements contained in the relevant standard or regulation; or
iii
is such that it could reasonably be expected to afford the child a degree of protection from injury in the event of an accident similar to or greater than that provided by a helmet conforming to a British Standard meeting the requirements of paragraph (1)(b)(i) or any relevant national standard or regulation meeting the requirements of paragraph (1)(b)(ii).
2
For the purposes of paragraph (1)(a) a helmet shall be regarded as satisfying the basic health and safety requirements if the manufacturer is able to comply with the provisions of Article 5(2) of the Directive.
3
In this regulation a reference to a helmet bearing an EC mark of conformity is a reference to a mark properly applied in accordance with articles 8 to 13 of the Directive.
Manner of wearing headgear
5
For the purposes of section 1 of the Act a helmet which conforms to the requirements of regulation 4 shall be securely fastened to the head of the wearer by means of the straps or other fastening provided on the headgear for that purpose.
Signed by authority of the Secretary of State
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
20th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedford and Shires Health and Care 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 Bedford and Shires Health and Care 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 Bedford and Shires Health and Care 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 morehealth authorities) shall be to manage community health services provided from Unit Headquarters, 40 Kimbolton Road, Bedford MK40 2NR 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 North Bedfordshire 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 North Bedfordshire 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 North Bedfordshire 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:
1
These Regulations may be cited as the Savings Certificates (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st January 1993.
2
The Savings Certificates Regulations 1991 shall be amended —
1
in regulation 2(1), by inserting the following definition —
“the adjudicator” means a person appointed under section 84 of the Friendly Societies Act 1992” ,
and by omitting the definition of “Chief Registrar of friendly societies”;
2
in regulation 24, by substituting for the words “Chief Registrar of friendly societies” and “Chief Registrar” in all places that they appear the word “adjudicator”;
3
by adding to regulation 24 the following new paragraph —
5
Where a dispute of the sort referred to in paragraph (1) above was referred before 1 January 1993 to the Chief Registrar of friendly societies or a deputy appointed by him or (by virtue of the application of these Regulations to Scotland) to the assistant registrar of friendly societies for Scotland, that dispute shall be treated as if it had been referred to the adjudicator and any thing done in relation to such a dispute by the Chief Registrar, any deputy appointed by him or the assistant registrar shall be treated as a thing done by the adjudicator.
;
4
by omitting regulation 33(g).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Foundation of Mid Staffordshire National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 5th June 1992.
2
In this Order:
“the Authority” means Mid Staffordshire Health Authority;
“the Trust” means the Mental Health Foundation of Mid Staffordshire National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 13th December 1991, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 5th June 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th May 1992


text:
1
This Order may be cited as the Combined Probation Areas (Humberside) Order 1992 and shall come into force on 1st May 1992.
2
Schedule 2 to the Combined Probation Areas Order 1986 shall be amended by substituting for the entry in respect of Humberside the following entry —
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Bainton, Wilton and Holme Beacon Humberside 2 Beverley 1 Dickering and North Holderness 2 Epworth and Goole 1 Grimsby and Cleethorpes 4 Kingston upon Hull 6 South Hunsley Beacon and Howdenshire 2 South and Middle Holderness 1 Scunthorpe, Brigg and Barton 3
3
The three members of the Humberside Probation Committee appointed before 1st May 1992 by the justices for the petty sessions areas of Bainton Beacon, Holme Beacon and Wilton Beacon shall decide by agreement, or in default of agreement by lot, which two of them shall continue in office as if appointed by the justices for the new petty sessions area of Bainton, Wilton and Holme Beacon .
4
The two members of the Humberside Probation Committee appointed before 1st May 1992 by the justices for the petty sessions areas of Dickering and North Holderness shall continue in office as if they had been appointed by the justices for the new petty sessions area of Dickering and North Holderness.
5
The three members of the Humberside Probation Committee appointed before 1st May 1992 by the justices for the petty sessions areas of South Hunsley Beacon and Howdenshire shall decide by agreement, or in default of agreement by lot, which two of them shall continue in office as if appointed by the justices for the new petty sessions area of South Hunsley Beacon and Howdenshire.
6
The two members of the Humberside Probation Committee appointed before 1st May 1992 by the justices for the petty sessions areas of South Holderness and Middle Holderness shall decide by agreement, or in default of agreement by lot, which one of them shall continue in office as if appointed by the justices for the new petty sessions area of South and Middle Holderness.
7
The four members of the Humberside Probation Committee appointed before 1st May 1992 by the justices for the petty sessions areas of Scunthorpe, Brigg and Barton on Humber shall decide by agreement, or in default of agreement by lot, which three of them shall continue in office as if appointed by the justices for the new petty sessions area of Scunthorpe, Brigg and Barton.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State Home Office
29th April 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Bristol Healthcare National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1992 and shall come into force on 29th July 1992.
2
In this Order: —
“the previous Order ” means the United Bristol Healthcare National Health Service Trust (Transfer of Trust Property) Order 1992 ;
“ the Trust ” means the United Bristol Healthcare National Health Service Trust.
Transfer of trust property
2
On 29th July there shall be transferred from the Trust to the special trustees of the United Bristol Hospitals all the property transferred to the Trust by the previous Order.
Revocation
3
The previous Order is revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
1st July 1992