text:
Citation and commencement
1
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1992.
2
Article 7(b) of this Order shall come into force on 1st June 1992 and all other articles of this Order shall come into force on 16th March 1992.
Interpretation
2
1
In this Order —
“ the Act ” means the Financial Services Act 1986;
“approved EC market” means a market in a member State which is established under the rules of an investment exchange specified in Part I of Schedule 1 to this Order or which meets the criteria specified in Part II of that Schedule;
“approved securities market” means any market which is established under the rules of an investment exchange specified in Schedule 2 to this Order;
“relevant bearer security” means a relevant security title to which is capable of being transferred without notice of that fact being given to the body corporate issuing the security or any person acting on its behalf;
“relevant security” means shares and also means an investment falling within paragraph 2 of Schedule 1 to the Act and any investment falling within paragraph 4 or 5 of that Schedule which confers rights in respect of an investment falling within paragraph 1 or 2 of that Schedule; and“shares” means any investment falling within paragraph 1 of Schedule 1 to the Act.
2
For the purposes of this Order, a relevant security falling within paragraph 4 or 5 of Schedule 1 to the Act shall be taken to have been issued by the person who issued the investment in respect of which the relevant security confers rights if it is issued by a body corporate in the same group as that person or by some other person acting on behalf of, or pursuant to arrangements made with, that person.
Investment advertisements relating to relevant securities
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement fulfils the conditions specified in paragraph (2) of this article and either —
a
relevant securities issued by the body corporate, or, in a case in which the body corporate is a wholly-owned subsidiary within the meaning of section 736 of the Companies Act 1985 , by its holding company, are permitted to be traded or dealt in on an approved EC market or an approved securities market; or
b
the advertisement consists of or is accompanied by the whole or any part of the body corporate’s annual accounts or by the directors' report prepared and approved under sections 234 and 234A of the Companies Act 1985 or the corresponding Northern Ireland enactment or consists of or is accompanied by any report prepared and approved under the law of another member State corresponding to the said sections 234 and 234A.
2
The conditions specified in this paragraph are that the advertisement —
a
does not contain any invitation or offer to persons to underwrite, subscribe for, otherwise acquire, or dispose of any investments or advise persons so to do;
b
does not contain any invitation or offer to persons to effect any transaction with, or to make use of any services provided by, the body corporate or any person named in the advertisement in the course of any activity falling within any of paragraphs 12 to 16 of Schedule 1 to the Act in which the body corporate or the relevant person engages;
c
does not contain any information calculated to lead directly or indirectly to persons doing any of the things mentioned in section 57(2) of the Act in relation to any investment which is not a relevant security issued by the body corporate or another body corporate in the same group; and
d
in a case in which the advertisement contains information about the price at which relevant securities issued by the body corporate have been bought or sold in the past or, except where the information is restricted to a statement as to earnings per share, dividend or nominal rate of interest payable, about the yield on such securities, it states prominently a warning that past performance cannot be relied upon as a guide to future performance.
3
For the purposes of paragraph (1)(b) of this article, “annual accounts” means any of the following, that is to say —
a
accounts produced by virtue of Part VII of the Companies Act 1985 or the corresponding Northern Ireland enactment including accounts produced by virtue of Part VII or the corresponding Northern Ireland enactment as applied by virtue of any enactment;
b
a summary financial statement prepared under section 251 of the Companies Act 1985 ;
c
accounts delivered to the registrar under Chapter II of Part XXIII of the Companies Act 1985 ; and
d
accounts produced or published by virtue of the law of a member State other than the United Kingdom which correspond to accounts falling within sub-paragraph (a), (b) or (c) of this paragraph.
Investment advertisements relating to relevant bearer securities issued by body corporate
4
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the advertisement —
a
is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate;
b
contains no invitation to persons to enter into an investment agreement other than an invitation relating to relevant securities of a class which consists of or includes the relevant bearer securities or investments in respect of which the relevant bearer securities confer rights and which is capable of being accepted only by persons who are entitled to relevant securities issued by the body corporate or a related body corporate; and
c
contains no information relating to any investment which is not a relevant security issued by the body corporate or by a related body corporate.
2
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a body corporate other than an open-ended investment company if the circumstances are that the advertisement is addressed to persons entitled to relevant bearer securities issued by the body corporate or by a related body corporate and would not otherwise be regarded as an investment advertisement but for the inclusion of information which the authorities of an approved EC market or an approved securities market on which relevant securities of a class which consists of or includes the relevant bearer securities are traded or dealt in require or permit be made known to the holders of securities in that class.
3
In this article —
a
the expressions “holding company” and “subsidiary” have the same meanings as in section 736 of the Companies Act 1985 ;
b
in relation to a body corporate, the expression “related body corporate” means a body corporate which is not an open-ended investment company but which is either the holding company of or a subsidiary of the first body corporate; and
c
relevant bearer securities may be regarded as being in the same class as relevant securities which are not relevant bearer securities.
Investment advertisements issued by body corporate to existing members or creditors
5
Article 3 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1988 shall be deleted and the following substituted —
Investment advertisements issued by body corporate to members or creditors
3
1
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by a body corporate other than an open-ended investment company if the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, the body corporate;
b
creditors or members of, or persons who are entitled to investments falling within paragraph 1, 2 or 4 of Schedule 1 to the Act issued by, another body corporate which is not an open-ended investment company but which is in the same group as the first body corporate; and
c
persons who are entitled, whether conditionally or unconditionally, to become members of the body corporate or to have title to an investment of a kind mentioned in sub-paragraph (a) or (b) above issued by the body corporate transferred to them but who have not yet become a member of the body corporate or, as the case may be, acquired title to the investment
2
Section 57 of the Act shall not apply to an investment advertisement issued or caused to be issued by an open-ended investment company if the circumstances are that the only persons to whom the advertisement is issued, other than persons to whom it may otherwise lawfully be issued, are reasonably believed by the person who issued the advertisement or who caused it to be issued to be persons who fall within any one or more of the following categories —
a
creditors or members of, or persons who are entitled to investments falling within paragraph 2, 4 or 6 of Schedule 1 to the Act issued by, the open-ended investment company; and
b
persons who are entitled, whether conditionally or unconditionally, to become members of the open-ended investment company or to have title to an investment of a kind mentioned in sub-paragraph (a) above issued by the company transferred to them but who have not yet become a member of the company or, as the case may be, acquired title to the investment, and the advertisement contains no invitation or information which would make it an investment advertisement other than an invitation or information relating to an investment of a kind described in this paragraph issued or to be issued by the open-ended investment company.
.
Advertisements issued to persons sufficiently expert to understand the risks involved
6
Article 9 of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1988 shall be amended by —
a
the substitution in paragraph (2)(a) of the following for the words “in the United Kingdom” —
, other than persons to whom the advertisement may otherwise lawfully be issued,
;
b
the deletion of the words “in the United Kingdom” in paragraph (2)(b) and the insertion, in that paragraph, of the following words after the words “except to persons” —
to whom the advertisement may otherwise lawfully be issued or who are
; and
c
by the addition at the end of article 9(3)(g) of the following —
; or
h
any trustee of a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) is £10 million or more or has been £10 million or more at any time during the previous two years.
.
Publications and programmes containing investment advice
7
Section 57 of the Act shall not apply to an investment advertisement if the only reason why section 57 would otherwise apply to the advertisement is that it contains an invitation or information of the kind described in section 57(2) of the Act relating —
a
to a newspaper, journal, magazine or other periodical publication which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25 of that Schedule; or
b
to a programme which contains advice to which paragraph 15 of Schedule 1 to the Act does not apply by virtue of the provisions of paragraph 25A of that Schedule .
Advertisements by certain markets
8
1
Section 57 of the Act shall not apply to an investment advertisement which is issued or caused to be issued by a market which is an approved EC market or is established under the rules of an investment exchange specified in Schedule 2 or 3 to this Order, if the only reason why section 57 would otherwise apply to the advertisement is that it contains information relating to the facilities provided by the relevant market.
2
For the purposes of paragraph (1) of this article, information which identifies a particular investment as one which may be traded or dealt in on a market or which identifies particular persons as persons through whom transactions on a market may be effected shall not be regarded as information relating to the facilities provided by the relevant market.
Management companies
9
Section 57 of the Act shall not apply to an investment advertisement if the only reason why that section would otherwise apply to the advertisement is that it contains an invitation or information relating to an investment falling within paragraph 1 ofSchedule 1 to the Act issued or to be issued by a private company established for the purpose of managing the common parts or the fabric of property used for residential purposes or of supplying services to such property being an investment which is to be acquired in connection with the acquisition of an interest in the property in question.
John Redwood
Minister of State,
Department of Trade and Industry
17th February 1992


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1992 and shall come into force on 1 May 1992.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1988 are hereby amended as follows —
a
in regulation 3(2), for “£30.30” there shall be substituted “£32.10”;
b
in paragraph (a) of Schedule 2, for “£52.00” there shall be substituted “£55.00”; and
c
in paragraph 1 (1)(a) of Schedule 3, for “£35.00”, “£52.00” and “£12.00” there shall be substituted respectively “£36.50”, “£55.00” and “£5.00”.
E. Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
11th March 1992
We consent
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of HM Treasury
12th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transfer of Compensation Functions) Order 1992 and shall come into force on 1st April 1992.
2
In this Order —
“the 1985 Act ” means the Local Government Act 1985;
“the 1988 Act ” means the Education Reform Act 1988;
“ ILEA ” means the former Inner London Education Authority;
“inner London council” has the same meaning as in section 163(2) of the 1988 Act;
“the LPFA ” means the London Pensions Fund Authority ; and
“the LRB ” means the London Residuary Body.
3
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.
Transfer of compensation functions etc.
2
1
Subject to paragraph (4) and article 3 below, on 1st April 1992 all functions, rights and liabilities of the LRB in relation to the following where they arise in relation to any contract of employment with the LRB, with the Greater London Council or with ILEA which terminated on or before 31st December 1991 shall transfer to the LPFA —
a
compensation under regulations made under section 24 of the Superannuation Act 1972 ;
b
such compensation as is mentioned in section 8(1)(b) of the Pensions (Increase) Act 1971 ;
c
gratuities or benefits payable by the LRB under Part K or L of the Local Government Superannuation Regulations 1986 ;
d
compensation payable under the London Government Reorganisation (Staff Compensation) Order 1988 ;
e
liabilities which are vested in or fall to be discharged by the LRB under or by virtue of section 179 of the 1988 Act;
f
compensation payable under section 181 of the 1988 Act;
g
any redundancy payment payable under Part VI of the Employment Protection (Consolidation) Act 1978 ;
h
increases payable under the Pensions (Increase) Act 1971 where the payment of the relevant pension falls within sub-paragraphs (a) to (g) above; and
i
the LRB’s responsibilities, as former employing authority, under regulation 3 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 .
2
On 1st April 1992 all functions, rights and liabilities of the LRB under paragraph 3(2) of Schedule 13 to the 1985 Act in respect of any pensions, allowances and gratuities payable to any member of the LRB shall vest in the LPFA.
3
On 1st April 1992 all records, monies and other personal property held by the LRB exclusively for or in connection with any of the matters specified in paragraphs (1) and (2) above shall vest in the LPFA.
4
This article shall not apply in relation to any functions, rights and liabilities which were transferred to the LPFA by virtue of the London Residuary Body (Transfer of Compensation Functions) Order 1991 .
Functions retained by the LRB
3
Except for any matters transferred by virtue of article 2(2), the functions, rights and liabilities of the LRB in relation to the LRB’s members arising under paragraph 3 of Schedule 13 to the 1985 Act shall not transfer to the LPFA.
Transfer of employer liability functions etc.
4
1
Subject to paragraph (2) below, all the functions, rights and liabilities of the LRB which relate to, or arise from, any contract of employment with the Greater London Council, ILEA or the LRB which terminated on or before 31st December 1991 shall on 1st April 1992 transfer to, or vest in, the LPFA.
2
Paragraph (1) above shall not apply to any rights and liabilities of the LRB in relation to any cause of action or proceeding brought by a third party against the Greater London Council, ILEA or the LRB, or against any employee of the Greater London Council, ILEA or the LRB, or against both such an employee and his employer.
3
On 1st April 1992 all records, monies and other personal property held or used by the LRB exclusively for or in connection with any of the matters specified in paragraph (1) above shall vest in the LPFA.
Transfer of employee’s claims for personal injury and damage to property
5
1
On 1st April 1992 there shall vest in the LPFA the functions, rights and liabilities of the LRB in relation to any proceedings or cause of action in respect of a claim for personal injury or for damage to property —
a
which arose before 1st April 1986 by a person who at the relevant time was an employee of the Greater London Council;
b
which arose before 1st April 1990 by a person who at the relevant time was an employee of ILEA; or
c
by a person who at the relevant time was an employee of the LRB and whose contract of employment terminated on or before 31st December 1991, employment and such functions, rights and liabilities do not transfer to the LPFA pursuant to article 4 and were not transferred to the LPFA pursuant to the London Residuary Body (Transfer of Compensation Functions) Order 1991.
2
On 1st April 1992 the functions of the LRB to which this paragraph applies shall transfer to the LPFA.
3
Paragraph (2) above applies to —
a
the duty of the LRB to deal with all claims —
i
made by a person who at the relevant time was an employee of ILEA,
ii
which arose before 1st April 1990, and
iii
are in respect of personal injury against his employer arising out of or in the course of his employment; and
b
the power of the LRB to make payments in respect thereof in so far as such payments would otherwise fall to be made by any other body.
4
Where any liability is determined or accepted by the LPFA, in any specified sum in respect of any such claim as is mentioned in paragraph (3) above, the LPFA is by virtue of this order so empowered and shall make the relevant payment and pay related legal costs and other expenses and not recover such payments or any part thereof from the inner London council which would otherwise be responsible for any such payment or any part thereof but may use its power of raising a levy on inner London councils to meet in whole or in part the cost of any such payments .
5
On 1st April 1992 all records, monies and other personal property held by the LRB exclusively for or in connection with any of the matters specified in paragraphs (1) and (3) above shall vest in the LPFA.
Transfer of money
6
1
On 1st April 1992 the LRB shall pay £14.7 million to the LPFA.
2
The sum paid in accordance with paragraph (1) above shall be applied only for defraying expenditure incurred on, or in connection with, those functions, rights and liabilities vested in the LPFA by article 2, 4 or 5.
3
The sum paid in accordance with paragraph (1) above shall be met by the LRB as follows —
a
the sum of £0.7 million shall be met from revenue balances on the LRB’s Greater London account; and
b
the sum of £14 million shall be met from any or all of the following —
i
direct capital receipts as defined in article 2(1) of the Education (London Residuary Body) (Capital Money) Order 1991 ;
ii
the sum of £45 million referred to in article 5(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1991 ; and
iii
revenue balances on the LRB’s Inner London account.
4
Paragraph 1 of Schedule 2 (general distribution of capital money) to the Education (London Residuary Body) (Capital Money) Order 1991 shall be amended by the insertion, after the word “means” in the definition of “compensation payments”, of the words “any payment out of direct capital receipts pursuant to article 6(3)(b)(i) of the Education (London Residuary Body) (Transfer of Compensation Functions) Order 1992 or,”.
5
Article 5(2) (definition of “compensation payments”) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1991 shall be amended by the insertion, after the word “means”, of the words “any payment pursuant to article 6(3)(b)(ii) of the Education (London Residuary Body) (Transfer of Compensation Functions) Order 1992 or,”.
Continuity of exercise of functions
7
1
Anything done by or in relation to (or having effect as if done by or in relation to) the LRB in connection with any functions, rights or liabilities vested in the LPFA by virtue of article 2, 4 or 5 shall, so far as is required for continuing its effect on or after 1st April 1992, have effect as if done by or in relation to the LPFA.
2
Any pending action or proceeding may be amended in such manner as may be necessary or appropriate in consequence of this Order.
Kenneth Clarke
The Secretary of State for Education and Science
21st February 1992


text:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue West and Eastern Avenue East, Havering) (40 mph Speed Limit) Order 1992 and shall come into force on 18th May 1992.
2
In this Order “the trunk road” means that length of the A12 Trunk Road in the London Borough of Havering.
3
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on the length of the trunk road specified in the Schedule to this Order.
4
The London Traffic (40 mph Speed Limit) ( No. 6) Regulations 1961 are hereby revoked.
5
1
The London Traffic (40 mph Speed Limit) (No. 2) Regulations 1958 shall be varied as follows.
2
In the Schedule, sub-paragraph (i) of paragraph 2 shall be omitted.
Signed by authority of the Secretary of State for Transport.
J. C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
11th May 1992


text:
Title, commencement and revocation
1
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992 and shall come into force on 1st July 1992.
2
The Medicines (Medicated Animal Feeding Stuffs) Regulations 1992 are hereby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“the Department” means the Department of Agriculture for Northern Ireland;
“the Department of Health (N.I.)” means the Department of Health and Social Services for Northern Ireland;
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means —
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 ; or
a person to whom a licence has been granted by the Department under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“intermediate feed” means a medicated feeding stuff (not being a final medicated feeding stuff) sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“licensed medicinal product” means a medicinal product licensed under the Act;
“medicinal product” means a medicinal product as defined in section 130 of the Act and, for the purposes of these Regulations, includes “intermediate feed”;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“placing on the market” means the holding for sale or disposal in any other form whatever to third parties, whether or not for consideration, and actual sale or disposal;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Medicines Act 1968 in an Order made under that section ;
“the Register” means the Register kept under regulation 3(1) —
by the registrar as respects Great Britain, or
by the Department as respects Northern Ireland;
“the registrar” means any person appointed under section 1 of the Pharmacy Act 1954 as registrar for the purpose of that Act;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“veterinary surgeon” means a person registered in the register of veterinary surgeons and includes a person who is a veterinary practitioner registered in the supplementary veterinary register;
“veterinary written direction” means a written direction given by a veterinary surgeon in accordance with regulation 7;
“withdrawal period”, in relation to a veterinary medicinal product administered to an animal, means the period, specified in a current product licence relating to the product or (in the absence of any such specification) specified in a prescription or veterinary written direction given by a veterinary surgeon in respect of the administration of the product, which is required to elapse from the cessation of the administration of the product to the animal before its slaughter for human consumption or the taking of products derived from it for human consumption,
and any other expression which is used in Council Directive 90/167/ EEC (laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community) has the same meaning as in that Directive.
2
Without prejudice to section 11 of the Interpretation Act 1978 , references in these Regulations to the incorporation of a medicinal product in an animal feeding stuff shall be construed as provided in section 40(11) of the Act.
3
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule which bears that number in these Regulations.
Register of manufacturers of animal feeding stuffs
3
1
For the purposes of these Regulations the registrar and the Department shall each continue to keep a Register —
a
Part A of which shall be a list of persons entitled in the course of a business carried on by them —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register, and to place on the market animal feeding stuffs in which medicinal products have been incorporated by them;
ii
to store on premises in respect of which their names are entered in that Part of the Register any animal feeding stuff in which medicinal products have been incorporated by them; and
b
Part B of which shall be a list of persons as being persons entitled, in the course of a business carried on by them —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register at a rate of at least 2 kilograms per tonne, and to place on the market animal feeding stuffs in which medicinal products have been so incorporated by them;
ii
to store on premises in respect of which their names are entered in that Part of the Register any animal feeding stuff in which medicinal products have been incorporated by them.
2
Where a person who, whilst carrying on a business elsewhere than in Northern Ireland, makes an application in writing to the registrar on or after the date these Regulations come into force for his name to be entered in Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the registrar shall, subject to paragraphs (7) and (8) below, enter his name in Part A or Part B of the Register in respect of those premises.
3
Where a person who, whilst carrying on a business in Northern Ireland, makes an application in writing to the Department on or after the date these Regulations come into force for his name to be entered in Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the Department shall, subject to paragraphs (7) and (8) below, enter his name in Part A or Part B of the Register in respect of those premises.
4
Subject to paragraphs (9) and (11) below, a person whose name is entered in the Register in respect of any premises shall, in order to retain his name in the Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of July in any such year make an application in writing to the registrar or the Department (as the case may be) for his name to be retained in the Register in respect of those premises.
5
Subject to paragraphs (10) and (11) below, a person whose name is removed from the Register in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the Register pursuant to paragraph (4) above or to pay the fee due in respect of the retention of his name in the Register pursuant to paragraph (9) below may, in order to restore his name to the Register in respect of those premises, make an application in writing, within 11 months of the expiry of the registration, to the registrar or the Department (as the case may be) for his name to be restored to the Register in respect of those premises.
6
There shall be paid to the registrar or the Department —
a
in respect of the entry of the name of any person in respect of any premises —
i
in Part A of the Register a fee of £295 for each premises;
ii
in Part B of the Register a fee of £90 for each premises;
b
in respect of the retention of the name of any person in respect of any premises —
i
in Part A of the Register a fee of £185 for each premises;
ii
in Part B of the Register a fee of £56 for each premises;
c
in respect of the restoration of the name of any person in respect of any premises —
i
to Part A of the Register a fee of £260 for each premises;
ii
to Part B of the Register a fee of £80 for each premises.
7
The registrar or the Department shall refuse to enter in the Register the name of any person in respect of any premises unless —
a
that person —
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(a)(i) above for the entry of his name in Part A of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category A Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food in December 1991; or
b
that person —
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(a)(ii) above for the entry of his name in Part B of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category B Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food in December 1991.
8
The registrar, with the approval of the Minister, or the Department, may refuse to enter in the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person cannot demonstrate that he has taken all reasonable steps to ensure that he will comply with the provisions of the Code of Practice referred to in paragraph (7)(a)(ii) or (7)(b)(ii) above.
9
The registrar or the Department shall refuse to retain in the Register in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the registrar or the Department (as the case may be) on or before 31st July in that year the fee specified in paragraph (6)(b)(i) or (ii) above as appropriate for the retention of his name in the Register.
10
The registrar or the Department shall refuse to restore to the Register the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (5) above, has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6)(c)(i) or (ii) above as appropriate for the restoration of his name to the Register.
11
The registrar, with the approval of the Minister, or the Department, may refuse to retain in or to restore to, or may remove from, the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person has failed to comply with any of the provisions of the Code of Practice referred to in paragraph (7)(a)(ii) or (7)(b)(ii) above as appropriate.
12
In respect of any premises the registrar or the Department may remove from the Register the name of any person entered in it, at the request of that person.
13
The registrar and the Department shall each furnish to the Minister, on or before 1st October in each year, a copy of the Register kept thereby certified to be a true copy of that Register as at a date specified in the certificate, not being later than 1st September in the year in question and, pending the furnishing of a further copy of the Register in the following year, shall furnish to the Minister at monthly intervals copies of amendments made to the Register in each month following the date so specified.
Restrictions on incorporation of medicinal products in animal feeding stuffs
4
1
No person shall, in the course of a business carried on by him, incorporate in an animal feeding stuff a medicinal product of any description, except a veterinary drug which is exempted under article 3 (exemptions from licences and certificates in respect of medicinal tests on animals) of the Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 , unless —
a
there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and, subject to paragraph (2) below —
i
where the medicinal product is incorporated at a rate below 2 kilograms per tonne, his name is entered in Part A of the Register in respect of the premises where the medicinal product is incorporated, or
ii
in any other case, his name is entered in Part A or Part B of the Register in respect of the premises where the medicinal product is incorporated,
and the medicinal product is incorporated either in accordance with provisions relating to its incorporation contained in a product licence or animal test certificate (whether held by him or another person) or, in the case of medicinal products to which a product licence relates, in accordance with a veterinary written direction; or
b
his name is entered in Part A or Part B of the Register and he intends to export the animal feeding stuff in accordance with a written export order and he stores such animal feeding stuff in a part of a building separate from the storage of any other animal feeding stuff.
2
The requirement for his name to be entered in the Register, specified in paragraph (1)(a)(i) or (ii) above, shall not apply —
a
to a fish farmer;
b
to a person incorporating a medicinal product in accordance with a veterinary direction where —
i
a veterinary surgeon or veterinary practitioner has reason to believe it necessary to authorise a derogation from that paragraph on grounds of immediate danger to the health of animals under his care and the veterinary written direction authorises such derogation on those grounds, and
ii
the person incorporating the medicinal product sends a copy of the veterinary written direction to the Society (if he is carrying on a business elsewhere than in Northern Ireland) or to the Department (if he is carrying on a business in Northern Ireland) within 28 days of incorporation; or
c
to a person operating mobile mixing equipment if —
i
his name is entered in the Register in respect of the premises where his mobile equipment is normally kept, and
ii
in a case where his name is entered in Part B of the Register, the medicinal product is incorporated in the animal feeding stuff at a rate of at least 2 kilograms per tonne.
3
Any person who exports medicinal animal feeding stuffs, shall keep, for a period of at least 2 years from the date of export, a record of —
a
the name and address of the person to whom the animal feeding stuff was exported;
b
the written export order; and
c
the name, identification and quantity of the animal feeding stuff.
4
No person shall, in the course of a business carried on by him, incorporate in an animal feeding stuff a combination of prescription only medicinal products except in accordance with a veterinary written direction and then only where in the opinion of a veterinary surgeon there is no effective licensed medicinal product for the disease to be treated or for the species concerned.
5
A person who, in the course of a business carried on by him, incorporates in an animal feeding stuff any medicinal product in accordance with a veterinary written direction, shall ensure that —
a
the daily dose of medicinal product is contained in a quantity of final feeding stuff corresponding to at least half the daily feed ration of the animals treated or, in the case of ruminants, corresponding to at least half the daily requirement of non-mineral complementary or supplementary feedings stuffs;
b
the feeding stuff to be used for producing the medicated feeding stuff does not contain the same antibiotic nor the same coccidiostat as those used as an active substance in the medicinal product.
Storage in registered premises
5
Where, in pursuance of regulation 4, a person would not be entitled to incorporate in an animal feeding stuff a medicinal product but for his name being entered in the Register, he shall not, in the course of a business carried on by him, store that animal feeding stuff in which that medicinal product has been incorporated by him otherwise than on the premises in respect of which his name is entered in the Register.
Restrictions on placing on the market and importation of animal feeding stuffs in which medicinal products have been incorporated
6
1
No person shall, in the course of a business carried on by him, place on the market any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless the medicinal product was incorporated in accordance with regulation 4.
2
No person shall, in the course of a business carried on by him, import any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person), and the medicinal product was incorporated as mentioned in regulation 4(1)(a).
3
Subject to paragraph (4) below, no person shall, in the course of a business carried on by him, place on the market any animal feeding stuff in which a prescription only medicine has been incorporated unless —
a
i
it has been manufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC and then only if the medicinal product was incorporated in accordance with regulation 4(1)(a); and
ii
subject to paragraph (4) below, there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is placed on the market or imported in accordance with a veterinary written direction;
or
b
that person is satisfied that the placing on the market has been requested by a veterinary surgeon who, by reason of any emergency, is unable to furnish a veterinary written direction immediately but who has undertaken to furnish that person with a veterinary written direction within 72 hours.
4
Paragraph (3)(a)(ii) above shall not apply where any animal feeding stuff in which a prescription only medicine has been incorporated as mentioned in regulation 4(1)(a) is sold or supplied to a person —
a
whose name is entered in Part A of the Register and whom the seller or supplier knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, and in the course of carrying on a business, either as his sole business activity or as a part of his business activities unless for research or educational purposes only, or
b
whose name is entered in the register kept by the Society (in the case of a person carrying on a business elsewhere than in Northern Ireland) or by the Department of Health (N.I.) (in the case of a person carrying on a business in Northern Ireland) under article 5(1) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 .
5
No person shall, in the course of a business carried on by him, import any animal feeding stuff in which a prescription only medicine has been incorporated unless it has been manufactured in accordance with the provisions of Council Directive 90/167/EEC and then only if there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is placed on the market or imported in accordance with a veterinary written direction.
6
No person shall import from a member State any animal feeding stuff in which a prescription only medicinal product has been incorporated unless that feeding stuff —
a
has been manufactured in accordance with the provisions of Council Directive 90/167/EEC ;
b
has been manufactured with medicinal products authorised by the exporting member State and which have the same active ingredient as licensed medicinal products; and
c
is accompanied by a certificate in the form, including the note thereto, set out in Schedule 1.
7
Any person who intends to export to a member State any animal feeding stuff in which a medicinal product has been incorporated shall, where that Member State requires a certificate corresponding in form to that set out in Schedule 1, in the case of a person carrying on a business elsewhere than in Northern Ireland make an application in writing to the Society and, in the case of a person carrying on a business in Northern Ireland make an application in writing to the Department, for such a certificate and, in either case, not less than 72 hours before the date of exportation and upon payment of the appropriate fee.
Veterinary written direction
7
A veterinary written direction given for the purposes of regulation 4 or 6 shall be —
a
in the form, including the notes thereto, set out in Schedule 2 to these Regulations or in a form substantially to the like effect,
b
written in ink or otherwise so as to be indelible, and
c
signed in ink in his own name by the veterinary surgeon giving it.
Restrictions on placing on the market final medicated feeding stuff containing medicinal products
8
1
The requirements of this regulation shall not apply to any person who, in the course of a business carried on by him, places on the market any final medicated feeding stuff in which a medicinal product has been incorporated, other than a prescription only medicinal product, provided that that feeding stuff is packed in pack sizes of 5 kg or less and is intended for retail sale to the keepers of pets or companion animals.
2
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated unless his name is —
a
entered in the Register of Merchants kept pursuant to article 8(1) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 in respect of each premises on which such final medicated feeding stuff is sold or stored as a Category I or Category II merchant; or
b
entered in Part A or Part B of the Register of Manufacturers kept pursuant to regulation 3(1) in respect of each premises on which such final medicated feeding stuff is sold or stored
and the conditions contained in paragraphs (3) to (8) below are complied with.
3
No person shall, in the course of a business carried on by him, place on the market or sell or supply any final medicated feeding stuff in which a medicinal product has been incorporated except to a person —
a
whose name is entered in the Register of Merchants (as aforesaid) as a Category I or Category II merchant;
b
whose name is entered in Part A or Part B of the Register of Manufacturers (as aforesaid); or
c
whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.
4
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated except —
a
in the container in which it was made up for sale or disposal by the manufacturer;
b
in a container which has not been opened since the feeding stuff was made up for sale or disposal in it; and
c
on premises which are occupied by, and under the control of, the seller at the time of sale or disposal.
5
No final medicated feeding stuff in which a medicinal product has been incorporated shall be sold by retail by self-service methods.
6
In respect of the placing on the market of any final medicated feeding stuff in which a medicinal product has been incorporated the seller shall make a record of the sale containing particulars of —
a
the date on which the feeding stuff was sold;
b
the name, identification and quantity of the feeding stuff sold; and
c
the name and address of the person to whom the feeding stuff was sold;
and shall keep such a record for a period of 3 years from the date of the sale.
7
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated unless that feeding stuff has been manufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC .
8
In paragraph (2) above, “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Restriction on use of medicated animal feeding stuffs
9
No person shall use any medicated animal feeding stuff in which a prescription only medicinal product has been incorporated unless it has been manufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC .
Packaging and containers
10
Where medicated feeding stuffs are made up for sale in packages or containers, no person shall, in the course of a business carried on by him, place on the market such a package or container unless it is sealed in such a way that, when the package or container is opened, the closure or seal is damaged and the package or container cannot be re-used.
Restriction on slaughter of animals
11
Where medicated feeding stuffs are administered to animals whose meat, flesh, offal or products are intended for human consumption, the stock farmer or holder of the animals concerned shall ensure that treated animals are not slaughtered in order to be offered for human consumption before the end of the withdrawal period (if any) and that products obtained from a treated animal before the end of such a withdrawal period (if any) are not disposed of with a view to their being offered for human consumption.
Enforcement
12
To the extent that these Regulations are made under the European Communities Act 1972, the provisions of sections 108 to 114 and section 119 (which relate to enforcement and matters connected therewith) of the Medicines Act 1968 shall apply as if they were made under the 1972 Act.
Offences
13
1
Any person who contravenes any provision of regulations 4, 5, 6, 8, 9 or 11 of these Regulations shall be guilty of an offence and
a
shall be liable on summary conviction to a fine not exceeding the statutory maximum; and
b
shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
2
Any person who contravenes any provision of regulation 10 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence
14
Any person who, in the course of a business carried on by him, places on the market, imports or incorporates a medicinal product of any description in an animal feeding stuff in accordance with a forged veterinary written direction, shall not be guilty of an offence under these Regulations if, having exercised all due diligence, he believes on reasonable grounds that the veterinary written direction is genuine.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd June 1992
David Hunt
Secretary of State for Wales
19th June 1992
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 25th day of June 1992.
D. M. Carnson
Under Secretary
We consent
Tim Wood
Irvine Patnick
Two of the Lord Commissioners of Her Majesty’s Treasury
22nd June 1992


text:
Citation and commencement
1
This Order may be cited as the Mid-Sussex Water Company (Constitution and Regulation) Order 1992 and shall come into force on 4th February 1992.
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 4th February 1992.
Consequential provision
4
The Order referred to in column (1) of the following Table is repealed to the extent indicated in column (2) thereof with effect from 4th February 1992.
TABLE
(1) (2)
The Mid-Sussex Water Order 1985 . Section 3 so far as relating to the Companies Clauses Consolidation Act 1845 , the Companies Clauses Act 1863 and sections 74 to 78 of the Third Schedule to the Water Act 1945 . Sections 4 to 19 and 21 to 24. In Schedule 1, the entries relating to sections 75 to 77 of the Third Schedule to the Water Act 1945.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
8th January 1992


text:
Citation and commencement
1
These Regulations may be cited as the Education (Registered Inspectors) (Fees) Regulations 1992 and shall come into force on 18th September 1992.
Amount of fee
2
The fee which accompanies an application for registration under section 10 of the Education (Schools) Act 1992 shall be £150.
Emily M. Blatch
Minister of State,
Department for Education
24th August 1992
Wyn Roberts
Minister of State, Welsh Office
24th August 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Notices) (Substitute Charges) (England) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations “the principal Regulations ” means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1992 ; and expressions used in these Regulations which are also used in the principal Regulations as amended by these Regulations have the same meanings in these Regulations as in those Regulations.
Application of Regulations
2
These Regulations apply in relation to —
a
community charge demand notices issued by an English charging authority with respect to the 1992 financial year after the setting by it of a substitute amount; and
b
substitution notices given by an English charging authority.
Form and content of substitution notices, information, etc.
3
1
A substitution notice shall, subject to the modifications and adaptations of the principal Regulations specified in Schedule 1 hereto, be in the form in which it would be, and contain the matters which it would contain, if it were a community charge demand notice.
2
When an English charging authority serves a substitution notice, it shall supply with it the information specified in Schedule 2 hereto.
Amendment of the principal Regulations
4
1
Regulation 1(2) of the principal Regulations is amended —
a
by the insertion, after the definition of “the Act”, of the following definition —
“the 1989 Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989;
b
by the substitution, in the definition of “community charge demand notice”, of the words “the 1989 Regulations” for the words “the Community Charges (Administration and Enforcement) Regulations 1989”; and
c
by the insertion, after the definition of “specific grants”, of the following definitions —
“substitute amount” means an amount set by an authority in respect of its community charges for the 1992 financial year under section 35 of the Act as a result of the making by the authority of a substitute calculation or of the issue to it of a substitute precept pursuant to section 107(1) or (2) of the Act;
“substitution notice” means a notice given under regulation 26(2) of, or paragraph 7(2)(b) of Schedule 1 or paragraph 4(2) of Schedule 2 to, the 1989 Regulations to a person in respect of his liability to pay an amount under a community charge demand notice in respect of the 1992 financial year, and which is so given solely in consequence of the setting of a substitute amount; and a notice is given solely in consequence of the setting of a substitute amount notwithstanding that a consequential adjustment falls to be made to the amount described in paragraph 11, 12 or 13 of Part II of Schedule 1 to these Regulations;
“the Substitute Charges Regulations ” means the Community Charges (Notices) (Substitute Charges) (England) Regulations 1992;
2
Regulation 3 of the principal Regulations is amended —
a
in paragraph (1), by the substitution for the words “A community charge” of the words “Subject to paragraph (1A), a community charge”; and
b
by the insertion after paragraph (1) of the following paragraph —
1A
Paragraph (1) applies in relation to community charge demand notices issued as mentioned in regulation 2(a) of the Substitute Charges Regulations with the modifications specified in paragraph 1 of Schedule 1 to those Regulations.
.
3
Regulation 4 of the principal Regulations is amended —
a
in paragraph (1) —
i
by the insertion at the end of sub-paragraph (a) of the words “or a substitution notice is invalid because it does not comply with regulation 3(1) of the Substitute Charges Regulations”; and
ii
in sub-paragraph (c), by the substitution for the words “the Community Charges (Administration and Enforcement) Regulations 1989” of the words “the 1989 Regulations”; and
b
in paragraph (2), by the substitution for the words “regulation 3” of the words “regulation 3 of these Regulations or, as the case may be, regulation 3(1) of the Substitute Charges Regulations”.
4
Regulation 5(1) of the principal Regulations is amended by the insertion after the words “regulation 3” of the words “of these Regulations or their duty under regulation 3 of the Substitute Charges Regulations to have matters contained in a substitution notice and to supply information with such a notice”.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
2nd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottinghamshire Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Nottinghamshire Ambulance Service 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 Nottinghamshire Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Central Ambulance Station, Beechdale Road, Nottingham NG8 3LL and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Nottingham 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 Nottingham 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 Nottingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1992 and shall come into force —
a
for the purposes of regulations 4 and 5 on 1st January 1993, and
b
for all other purposes on 1st August 1992.
Introduction
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
Amendments coming into force on 1st August 1992
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(a) £10.00 £10.35 20(1)(b) £16.65 £17.30 20(1)(c) £20.00 £21.00 20(1)(d) £19.30 £29.15 20(1)(f) £22.60 £23.50 25(2) £44.50 £36.00
Amendments coming into force on 1st January 1993
4
In regulation 20, for sub-paragraph (b) in paragraph (1) there shall be substituted —
aa
in the case of a motor bicycle with a side car attached to it, £17.30;
b
in the case of a vehicle in Class III , £20.30;
.
5
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table (as substituted by regulation 3 above) there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Substituted Amount Substituted Amount
20(1)(c) £21.00 £24.00 20(1)(d) £29.15 £30.35 20(1)(f) £23.50 £26.50
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
6th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Yorkhill National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Yorkhill 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 Yorkhill National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act .
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as the Royal Hospital for Sick Children, Yorkhill, the Queen Mother’s Hospital, Yorkhill, the Children’s Home Hospital, Strathblane and the Child Development Centres at Balvicar, Possilpark, Bridgeton and Achamore, all Glasgow, and establishments associated with the hospitals and the management of facilities provided at and from those establishments and also including the management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Greater Glasgow Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd December 1992


text:
This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Membership Proposal) Approval Order 1992.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
8th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Queen Mary’s Sidcup National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Queen Mary’s Sidcup 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 Queen Mary’s Sidcup 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 Queen Mary’s Hospital, Sidcup, Kent DA14 6LT.
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 Bexley Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bexley 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 Bexley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset General Hospitals National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order:
“the Authority” means West Dorset Health Authority;
“the Trust” means the West Dorset General Hospitals 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 21st November 1991, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
26th February 1992


text:
1
This Order may be cited as the A20 London–Folkestone–Dover Trunk Road (Sidcup Bypass Improvement Detrunking) Order 1992 and shall come into force on 20th August 1992.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the Swanley Bypass” means that length of the A20 London–Folkestone–Dover Trunk Road from the junction of the B2173 at Upper Ruxley extending generally south-eastwards to the intersection of the M20 and M25 east of Swanley; and
iii
“the trunk road” means the London–Folkestone–Dover Trunk Road (A20).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which this Order comes into force. It shall be classified as a principal road from Crittalls Corner to Ruxley Corner.
Signed by authority of the Secretary of State for Transport
I. Yass
Regional Director, London Region,
Department of Transport
7th August 1992


text:
1
From the date on which this Order comes into force —
a
each length of trunk road described in the Schedule, and shown on the deposited plan by broad striped hatching and a reference letter, shall cease to be a trunk road;
b
the lengths described in paragraphs 1, 2 and 6 of the Schedule (shown on the deposited plan by, respectively, the reference letters A,B and F) shall be principal roads; and
c
the length described in paragraph 5 of the Schedule (shown on the deposited plan by the reference letter E) shall be a classified road.
2
In this Order —
i
“the deposited plan”
means the plan numbered HA10/2/SWM68 marked “The A38, A40 and A417 Trunk Roads (Gloucester City) (Detrunking) Order 1992” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways, classified by the Secretary of State;
iii
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; and
iv
“the Schedule”
means the Schedule to this Order.
3
This Order shall come into force on 27th March 1992 and may be cited as the A38, A40 and A417 Trunk Roads (Gloucester City) (Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director South West Region
Department of Transport
20th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the First Community 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 First Community 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:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) (No. 2) Order 1992 and shall come into force —
a
on 1st April 1992 for all purposes other than those specified in paragraph (b) of this article;
b
on 1st April 1993 for the purposes of the abolition of Camberwell Health Authority, Lewisham and North Southwark Health Authority and West Lambeth Health Authority and the establishment of South East London Health Authority.
Abolition of Authorities
2
The District Health Authorities listed in Schedule 1 to this Order are hereby abolished.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) Order 1981 and specified in column (1) of Schedule 2 to this Order there is hereby established a District Health Authority which shall be known by the name specified in relation to that district in column (2) of that Schedule.
Amendment of National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the entries in columns (1) and (2) of Schedule 1 to the National Health Service (District Health Authorities) Order 1990 shall be amended as follows: —
a
by the omission from Part 1 of the entries relating to Durham District and North West Durham District and the insertion after the entries relating to Northumberland District of the entries —
North Durham North Durham Health Authority
;
b
by the omission from Part 3 of the entries relating to Bassetlaw District and Central Nottinghamshire District and the insertion after the entries relating to North Lincolnshire District of the entries —
North Nottinghamshire North Nottinghamshire Health Authority
;
c
by the omission from Part 4 of the entries relating to Peterborough District and West Norfolk and Wisbech District and the insertion after the entries relating to Huntingdon District of the entries —
North West Anglia North West Anglia Health Authority
;
d
by the omission from Part 5 of the entries relating to North Hertfordshire District and the substitution for the entries relating to East Hertfordshire District of the entries —
East and North Hertfordshire East and North Hertfordshire Health Authority
;
e
by the omission from Part 7 of the entries relating to Camberwell District, Lewisham and North Southwark District and West Lambeth District and the insertion after the entries relating to South East Kent District of the entries —
South East London South East London Health Authority
;
f
by the omission from Part 9 of the entries relating to West Dorset District and East Dorset District and the insertion after the entries relating to Bath District of the entries —
Dorset Dorset Health Authority
.
William Waldegrave
Secretary of State for Health
21st February 1992


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule to this Scheme a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The lengths of the special road are indicated by heavy black lines on the deposited plan.
3
The special road shall become a trunk road on the date when this Scheme comes into force.
4
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA16/YHCPD 5 marked “the A1 Motorway (Walshford to Dishforth Section: Parts of A1 Northbound Carriageway) Scheme 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the special road” means the special road mentioned in article 1 of this Scheme.
5
This Scheme shall come into force on 14th August 1992 and may be cited as the A1 Motorway (Walshford to Dishforth Section: Parts of A1 Northbound Carriageway) Scheme 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
15th July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Judicial Pensions) (Amendment) Regulations 1992, and shall come into force on 3rd April 1992.
2
Regulation 7(3) of the Pensions Increase (Judicial Pensions) Regulations 1972 shall be amended by substituting for the words “to which this Regulation applies”, the words “payable under section 3 of the Lord Chancellor’s Act 1832 or under Part IIof the Judicial Pensions Act 1981 for a widow or children of a deceased Lord Chancellor”.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Avalon, Somerset, 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 Avalon, Somerset, 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 Avalon, Somerset, National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Tone Vale Hospital, Norton Fitzwarren, Taunton, Somerset TA4 1DB and associated hospitals;
b
to manage community health services provided from The Broadway, Bridgewater, Somerset 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 Somerset Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Somerset 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 Somerset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Addenbrooke’s 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 Addenbrooke’s 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 Addenbrooke’s National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Addenbrooke’s Hospital, Hills Road, Cambridge CB2 2QQ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Addenbrooke’s Hospital, Hills Road, Cambridge CB2 2QQ 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.
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 Cambridge.
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 Cambridge Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Cambridge 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 Cambridge 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
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1992 and shall come into force on 31st December 1992.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 shall apply as from 31st December 1992 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments relating to exhaust emissions
3
1
Regulation 61 shall be amended as follows.
2
In paragraph 4(b) —
a
in sub-paragraph (i), for “or 88/76” there shall be substituted “, 88/76 or 91/441”;
b
the word “or” immediately following sub-paragraph (i) shall be omitted;
c
for sub-paragraph (ii), there shall be substituted the following sub-paragraphs —
ii
in a case where the first use is on or after 1st April 1991 but before 31st December 1992, with Community Directive 83/351, 88/76 or 91/441, or ECE Regulation 15.04; or
iii
in any other case, with Community Directive 91/441.
3
In paragraph (7)(b), for the words “those requirements would neither” there shall be substituted the words “neither would those requirements”.
4
For paragraph (10) there shall be substituted the following paragraph —
10
Where a vehicle is constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, the date on which it is first used shall, for the purposes of paragraphs (3A), (7), (8) and (9), be regarded as being the 1st January immediately preceding the date of manufacture of the engine by which it is propelled.
However, the date on which a vehicle is first used shall not, by virtue of the foregoing provisions of this paragraph, be regarded in any circumstances as being later than the date on which it would otherwise have been regarded as being first used had those provisions been omitted.
5
In paragraph (10B), the word “or” immediately following sub-paragraph (f) shall be omitted, and after sub-paragraph (g) there shall be added the following words —
or
h
a vehicle first used before 1st August 1987 if the engine is a rotary piston engine; and for the purposes of this paragraph “the engine”, in relation to a vehicle, means the engine by which it is propelled.
6
After paragraph (10B) there shall be inserted the following paragraph —
10C
For the purposes of this regulation —
a
any rotary piston engine shall be deemed to be a four-stroke engine; and
b
“rotary piston engine” means an engine in which the torque is provided by means of one or more rotary pistons and not by any reciprocating piston.
7
In paragraph (11), after sub-paragraph (c) there shall be added the words “and for the purposes of determining whether a vehicle is a vehicle to which item 8, 9 or 10 in that Table applies, regulation 4(2) shall be disregarded”.
8
For Table II, there shall be substituted the following Table —
TABLE II (regulation 61(3A) and (7))
(1) (2) (3) (4) (5) (6) Item Class of Vehicle Date of First Use Design, construction and equipment requirements Vehicles exempted from requirements Emitted Substances (a) (b) Instrument Place in instrument where requirement where requirements are stated
1 Vehicles propelled by a spark ignition engine 1st October 1992
Community Directive 78/665
or
ECE Regulation 15.03.
Annex I, paragraph 3 and 5
Paragraphs 5, 8 and 11
a
A vehicle whose maximum gross weight exceeds 3500 kg ;
b
A vehicle which complies with the requirements of item 2, 4, 5 or 8;
c
A vehicle whose maximum speed is less than 50 km/h;
d
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 2 All vehicles. 1st April 1991.
Community Directive 83/351
or
ECE Regulation 15.04.
Annex I, paragraphs 5, 7 and 8
Paragraphs 5, 8 and 12.
a
A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3500 kg;
b
A vehicle which complies with the requirements of item 4, 5 and 8;
c
A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9 or 10;
d
An industrial tractor, works truck or engineering plant;
e
A vehicle whose maximum speed is less than 50 km/h;
f
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 3 Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine. 1st April 1993. ECE Regulation 49. Paragraphs 5 and 7. A vehicle which complies with the requirements of item 6, 9 or 10. Carbon monoxide, hydrocarbons and oxides of nitrogen. 4.
Passenger vehicles which —
are constructed or adapted to carry not more than 5 passengers excluding the driver, and
have a maximum gross weight of not more than 2500 kg.
not being off-road vehicles.
1st April 1991.
Community Directive 88/76
or
Community Directive 89-458
or
ECE Regulation 83.
Annex I, paragraphs 5, 7 and 8
Annex I, paragraphs 5, 7 and 8.
Paragraphs 5, 8 and 13.
a
A vehicle which complies with the requirements of item 2 or 8;
b
A vehicle whose maximum speed is less than 50 km/h;
c
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 5
Vehicles which are not of a description specified in this column in item 4 but which —
are propelled by a spark ignition engine and have a maximum gross weight of not more than 2000 kg, or
are propelled by a compression ignition engine and have a maximum gross weight of more than 3500 kg.
1st April 1992.
1st April 1991.
Community Directive 88/76
or
ECE Regulation 83.
Annex I, paragraphs 5, 7 and 8.
Paragraphs 5, 8 and 13.
a
A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6, 9 or 10;
b
An industrial tractor, works truck or engineering plant;
c
A vehicle whose maximum speed is less than 50 km/h;
d
A vehicle which complies with the requirements of item 8;
e
An exempt vehicle.
Carbonmonoxide, hydrocarbons and oxides of nitrogen. 6 All vehicles propelled by compression ignition engines. 1st April 1991.
Community Directive 88/77
or
ECE Regulation 49.01.
Annex I, paragraphs 6, 7 and 8.
Paragraphs 5, 6 and 7.
a
A vehicle whose maximum gross weight is less than 3500 kg and which complies with the requirements of item 2;
b
A vehicle which complies with the requirements of item 4, 5, 8, 9 or 10;
c
A fire appliance which is first used before 1st October 1992;
d
An industrial tractor, works truck or engineering plant;
e
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 7
Passenger vehicles which —
are constructed or adapted to carry not more than 5 passengers excluding the driver,
have a maximum gross weight of not more than 2500 kg, and
are propelled by a compression ignition engine of the indirect injection type.
1st April 1991. Community Directive 88/436. Annex I, paragraphs 5, 7 and 8, as far as they relate to particulate emissions.
a
A vehicle which complies with the requirements of item 8;
b
A vehicle whose maximum speed is less than 50 km/h;
c
An off-road vehicle;
d
An exempt vehicle.
Particulates. 8 All vehicles. 31st December 1992. Community Directive 91/441. Annex I, paragraphs 5, 7 and 8.
a
A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6 and is first used before 1st October 1993 or which complies with the requirements of item 9 or 10;
b
An industrial tractor, works truck or engineering plant;
c
A vehicle whose maximum speed is less than 50 km/h;
d
An exempt vehicle.
Carbon monoxide, hydrocarbons oxides of nitrogen, and particulates. 9 All vehicles propelled by compression ignition engines. 1st October 1993. Community Directive 91/542. Annex I, paragraphs 6, 7 and 8 (excluding line B in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).
a
A vehicle which complies with the requirements of item 8 or 10;
b
An industrial tractor, works truck or engineering plant;
c
An exempt vehicle.
Carbon monoxide, hydrocarbons, oxides of nitrogen, and particulates. 10 All vehicles propelled by compression ignition engines. 1st October 1996. Community Directive 91/542. Annex I, paragraphs 6,7 and 8 (excluding line A in the Tables in sub-paragraphs 6.2.1 and 8.3.1.1).
a
A vehicle which complies with the requirements of item 8;
b
An industrial tractor, works truck or engineering plant;
c
An exempt vehicle.
Carbon monoxide, hydrocarbons, oxides of nitrogen, and particulates.
Consequential amendments
4
1
In Tables I of Schedule 2, after item 62, there shall be inserted the following items —
63 91/441 26.6.9 L242, 30.8.91, p.1 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77,102, 78/665, 83/351, 88/76, 88/436 and 89/458 4G 2F 64 91/542 1.10.91 L295, 25.10.91, p.1 Measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles 88/77 4H 2G
2
In Table II of Schedule 2, after item 21A, there shall be inserted the following item —
21AA 49.01 49 14.5.90 emissions of gaseous pollutants — —
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
3rd September 1992