text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Child Support Act 1991) (Amendment of Ordinary Cause and Summary Cause Rules) 1993 and shall come into force on 5th April 1993.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Ordinary Cause Rules
2
1
The Ordinary Cause Rules of the sheriff court shall be amended in accordance with the following paragraph.
2
After rule 149 of the Ordinary Cause Rules (Applications for further awards of damages) insert the following rules:–
CHILD SUPPORT ACT 1991
Interpretation
150
In this Part of the Rules–
“the Act of 1991 ” means the Child Support Act 1991 ;
“child” has the meaning assigned in section 55 of the Act of 1991; and
“crave relating to aliment” means–
for the purposes of rule 151(1), a crave for decree of aliment in relation to a child or for recall or variation of such a decree; and
for the purposes of rule 151(3), a crave for decree of aliment in relation to a child or for the recall or variation of such a decree or for the variation or termination of an agreement on aliment in relation to a child; and
“maintenance assessment” has the meaning assigned in section 55 of the Act of 1991.
Initial writs etc.
151
1
An initial writ, minute or counterclaim which contains a crave relating to aliment, and to which section 8(6), (7), (8) or (10) of the Act of 1991 (top up maintenance orders) applies shall–
a
include an article of condescendence stating, where appropriate–
i
that a maintenance assessment under section 11 of the Act of 1991 (maintenance assessments); is in force;
ii
the date of the maintenance assessment;
iii
the amount and frequency of periodical payments of child support maintenance fixed by the maintenance assessment; and
iv
the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of the Act of 1991; and
b
unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance assessment referred to in paragraph (1)(a) above.
2
An initial writ, minute or counterclaim which contains a crave relating to aliment, and to which section 8(6), (7), (8) or (10) of the Act of 1991 does not apply, shall include an article of condescendence stating either–
a
that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of the Act of 1991, is outwith the United Kingdom; or
b
that the child is not a child within the meaning of section 55 of the Act of 1991.
3
In an action for declarator of non-parentage or illegitimacy–
a
the initial writ shall include an article of condescendence stating whether the pursuer previously has been alleged to be the parent in an application for a maintenance assessment under sections 4, 6 or 7 of the Act of 1991 (applications for maintenance assessment); and
b
where an allegation of paternity has been made against the pursuer, the Secretary of State shall be named as a defender in the action and rule 152 shall apply to the award of expenses in any such case.
4
An initial writ, minute or counterclaim which involves parties in respect of whom a decision has been made in any application, review or appeal under the Act of 1991 relating to any child of those parties, shall–
a
include an article of condescendence stating that such a decision has been made and giving details of that decision; and
b
unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.
Restriction of expenses
152
Where the Secretary of State is named as a defender in an action for declarator of non-parentage or illegitimacy to which rule 151(3) applies, and the Secretary of State does not defend the action, no expenses shall be awarded against the Secretary of State.
Effect of maintenance assessments
153
The sheriff clerk shall, on receiving notification that a maintenance assessment has been made, cancelled or has ceased to have effect so as to affect an order of a kind prescribed for the purposes of section 10 of the Act of 1991, endorse on the interlocutor sheet relating to that order a certificate, in either Form CSA 1 or CSA 2, as set out in the Appendix to this Schedule.
Effect of maintenance assessments on extracts relating to aliment
154
1
Where an order relating to aliment is affected by a maintenance assessment, any extract of that order issued by the sheriff clerk shall be endorsed with the following certificate:–
A maintenance assessment having been made under the Child Support Act 1991 on ( insert date ), this order, in so far as it relates to the making or securing of periodical payments to or for the benefit of ( insert name(s) of child/children ), ceases to have effect from ( insert date 2 days after the date on which the maintenance assessment was made ).
.
2
Where an order relating to aliment has ceased to have effect on the making of a maintenance assessment, and that maintenance assessment is later cancelled or ceases to have effect, any extract of that order issued by the sheriff clerk shall be endorsed also with the following certificate:–
The jurisdiction of the child support officer under the Child Support Act 1991 having terminated on ( insert date ), this order, in so far as it relates to ( insert name(s) of child/children ), again shall have effect as of ( insert date of termination of child support officer’s jurisdiction ).
.
.
Forms
3
In the Appendix to the Ordinary Cause Rules, at the end, insert the Forms set out in the Schedule to this Act of Sederunt.
Amendment of Summary Cause Rules
4
1
The Summary Cause Rules of the sheriff court shall be amended in accordance with the following paragraph.
2
After rule 93 of the Summary Cause Rules (incidental applications) insert the following rules:–
CHILD SUPPORT ACT 1991
Interpretation
94
In this Part of the Rules
“the Act of 1991” means the Child Support Act 1991;
“child” has the meaning assigned in section 55 of the Act of 1991; and
“claim relating to aliment” means a crave for decree of aliment in relation to a child or for recall or variation of such a decree.
Statement of claim
95
1
Any summons or counterclaim which contains a claim relating to aliment, and to which section 8(6), (7), (8) or (10) of the Act of 1991 applies shall–
a
include averments stating, where appropriate–
i
that a maintenance assessment under section 11 of the Act of 1991 (maintenance assessments) is in force;
ii
the date of the maintenance assessment;
iii
the amount and frequency of periodical payments of child support maintenance fixed by the maintenance assessment; and
iv
the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of the Act of 1991; and
b
unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance assessment referred to in paragraph (1)(a) above.
2
Any summons or counterclaim which contains a claim relating to aliment and to which section 8(6), (7), (8) or (10) of the Act of 1991 does not apply shall include averments stating either–
a
that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of the Act of 1991, is outwith the United Kingdom; or
b
that the child is not a child within the meaning of section 55 of the Act of 1991.
3
A summons or counterclaim which involves parties in respect of whom a decision has been made in any application, review or appeal under the 1991 Act shall–
a
include in the statement of claim averments that such a decision has been made and give details of that decision; and
b
unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.
Effect of maintenance assessments
96
1
The sheriff clerk shall, on receiving notification that a maintenance assessment has been made, cancelled or has ceased to have effect so as to affect an order of a kind prescribed for the purposes of section 10 of the Act of 1991, enter in the Book of Summary Causes in respect of that order a note stating that either–
a
the order ceases or ceased to have effect from the date 2 days after the making of the maintenance assessment; or
b
the maintenance assessment has been cancelled or has ceased to have effect.
Effect of maintenance assessments on extracts of decrees relating to aliment
97
1
Where a decree relating to aliment is affected by a maintenance assessment, any extract of that decree issued by the sheriff clerk shall be endorsed with the following certificate:–
A maintenance assessment having been made under the Child Support Act 1991 on ( insert date ), this order, in so far as it relates to the making or securing of periodical payments to or for the benefit of ( insert name(s) of child/children ), ceases to have effect from ( insert date 2 days after the date on which the maintenance assessment was made ).
.
2
Where a decree relating to aliment has ceased to have effect on the making of a maintenance assessment, and that maintenance assessment is later cancelled or ceases to have effect, any extract of that order issued by the sheriff clerk shall be endorsed also with the following certificate:–
The jurisdiction of the child support officer under the Child Support Act 1991 having terminated on ( insert date ), this order, in so far as it relates to ( insert name(s) of child/children ), again shall have effect as of ( insert date of termination of child support officer’s jurisdiction ).
.
.
J.A.D. Hope
Lord President, IPD
Edinburgh,
26th March 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Education) Order 1993 and shall come into force on 1st April 1993.
2
Group 6 (Education) of Schedule 6 to the Value Added Tax Act 1983 shall be varied in accordance with the following provisions of this Order.
3
For note (2) there shall be substituted the following —
2
“School” in items 1, 2 and 3 means an institution which, within the meaning of the Education Acts 1944 to 1992, the Education (Scotland) Act 1980 , the Education and Libraries (Northern Ireland) Order 1986 , or the Education Reform (Northern Ireland) Order 1989 , provides primary or secondary education or both, and which —
a
either is provisionally or finally registered or deemed to be registered as a school within the meaning of the aforesaid legislation, in a register of independent schools or is a school in respect of which grants are made by the Secretary of State to the proprietor or managers; or
b
is a voluntary school within the meaning of the Education and Libraries (Northern Ireland) Order 1986; or
c
is a grant-maintained integrated school within the meaning of Article 65 of the Education Reform (Northern Ireland) Order 1989.
4
For note (3A) there shall be substituted the following —
3A
For the purposes of item 1 above “eligible institution” means —
a
an institution falling within section 91(3)(a) or (b) or section 91(5)(b) or (c) of the Further and Higher Education Act 1992 ;
b
a designated institution as defined in section 44(2) of the Further and Higher Education (Scotland) Act 1992 ;
c
an institution managed by a board of management as defined in section 36(1) of the Further and Higher Education (Scotland) Act 1992;
d
an institution to which grants are paid by the Department of Education for Northern Ireland under Article 66(2) of the Education and Libraries (Northern Ireland) Order 1986.
5
For item 7 there shall be substituted the following —
7
The provision of training or retraining for any trade, profession or employment and the supply of any goods or services essential thereto by the person providing the training or retraining, where the consideration payable is ultimately a charge to funds provided pursuant to arrangements made under section 2 of the Employment and Training Act 1973 or section 1A of the Employment and Training Act (Northern Ireland) 1950 .
.
6
After note (6) there shall be added the following note —
7
For the purposes of item 7 —
a
a supply of any goods or services shall not be taken to be essential to the provision of training or retraining unless the goods or services in question are provided directly to the trainee;
b
training or retraining includes the provision of work experience.
.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1993 and shall come into force on 16th June 1993.
2
In this Order —
a
“the temporary provisions of the 1991 Act ” means Parts I to VIII of the Northern Ireland (Emergency Provisions) Act 1991 except —
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
ii
sections 63 and 64; and
iii
paragraph 20 of Schedule 4;
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11)of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The temporary provisions of the 1991 Act except section 34 and Schedule 3, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 16th June 1993.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
15th June 1993


text:
1
This Order may be cited as the Public Telecommunication System Designation (Scottish Hydro-Electric plc) Order 1993 and shall come into force on 27th August 1993.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick M'Loughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
27th July 1993


text:
1
This Order may be cited as the Education (Recognised Bodies) Order 1993 and shall come into force on 5th March 1993.
2
The bodies which are specified in the Schedule to this Order are hereby designated as bodies which appear to the Secretary of State to be recognised bodies.
3
The Education (Recognised Bodies) Order 1988 and the Education (Recognised Bodies) (Amendment) Order 1991 are hereby revoked.


text:
Citation and commencement
1
This Order may be cited as the River Tay Catchment Area Protection (Renewal) Order 1993 and shall come into force on 22nd February 1993.
Interpretation
2
In this Order —
“the 1986 Order ” means the River Tay Catchment Area Protection Order 1986 ;
“the 1990 Order ” means the River Tay Catchment Area Protection (Renewal) Order 1990 .
Renewal of Order
3
The 1990 Order is hereby renewed.
Prohibition
4
During the period from 22nd February 1993 to 21st February 1996, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1986 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
David R. Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
15th February 1993


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 1993 and shall come into force on 6th April 1993.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1984
2
In the Occupational Pension Schemes (Contracting-out) Regulations 1984 , in regulation 22 (alternative to limited revaluation premium) —
a
in paragraph (3) —
i
the words “Subject to paragraph (3A)” shall be deleted;
ii
for the words “8½ per cent. compound” there shall be substituted the words “the appropriate percentage”;
b
paragraph (3A) shall be deleted;
c
in paragraph (7) —
i
the words “Subject to paragraph (7A)” shall be deleted;
ii
for the words “8½ per cent. compound” there shall be substituted the words “the appropriate percentage”;
d
paragraph (7A) shall be deleted;
e
the following paragraph shall be inserted after paragraph (7) —
8
In this regulation “the appropriate percentage” in relation to each period of service in respect of which accrued rights to guaranteed minimum pension have been acquired under, or transferred to, the scheme means —
a
where that period of service terminated before 6th April 1988, 8½ per cent. compound;
b
where that period of service terminated on or after 6th April 1988 but before 6th April 1993, 7½ per cent. compound;
c
where that period of service terminates on or after 6th April 1993, 7 per cent. compound.
.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
3
In Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 , the following words shall be added at the end of paragraph 1 (information about contributions to be made available to individuals) —
; and
section 3(1)(aa) of that Act .
.
Amendment of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987
4
In the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 , in regulation 3(9) (application of section 57 of the Social Security Pensions Act 1975 to personal pension schemes), the words “, except in its application to Northern Ireland,” shall be omitted.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988
5
In the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 —
a
in regulation 17(4) (calculation or estimation of earnings), after the reference “section 3(1)(a)” there shall be inserted the reference “and (aa)”;
b
after regulation 17 there shall be inserted the following regulation —
Calculation of minimum contributions
17A
For the purposes of determining whether any minimum contribution which may be payable to or for the benefit of an earner should include an amount calculated under section 3(1)(aa) of the Act , the Secretary of State may serve a notice in writing on the earner in question which —
a
requires him to send documentary evidence of the date of his birth to the Secretary of State; and
b
sets out the address to which that evidence is to be sent.
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1993


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (the highways along these routes being in this Order referred to as “the main new trunk roads”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2E/342, marked “The A11 Trunk Road (Roudham Heath to Attleborough Improvement and Slip Roads) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
iii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
iv
“the trunk road” means the A11 Trunk Road.
5
This Order shall come into force on 5th November 1993 and may be cited as theA11 Trunk Road (Roudham Heath to Attleborough Improvement and Slip Roads)Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
18th October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Additional Provisions for Discount Disregards) (Amendment) Regulations 1993 and shall come into force on 24th February 1993.
School and college leavers
2
Regulation 3 of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 shall be amended —
a
by the substitution for Class C in paragraph (1) of the following —
School and college leavers
Class C a person who —
a
is under the age of 20; and
b
has within a relevant period ceased to undertake a qualifying course of education or a full time course of education.
; and
b
by the substitution for paragraph (2) of the following —
2
In relation to Class C in paragraph (1) —
a
“relevant period” means the period after 30th April and before 1st November in any year;
b
“qualifying course of education” and “full time course of education” have the same meaning as in Part II of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 ; and
c
the day in question must be within the same relevant period as that in which the cessation takes place.
.
Michael Howard
Secretary of State for the Environment
26th January 1993
David Hunt
Secretary of State for Wales
27th January 1993


text:
1
This Order may be cited as the Public Telecommunication System Designation (Torch Communications Limited) Order 1993 and shall come into force on 29th December 1993.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under–Secretary of State
Department of Trade and Industry
24th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Infirmary of Edinburgh National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Royal Infirmary of Edinburgh 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 Royal Infirmary of Edinburgh 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 Infirmary of Edinburgh, Princess Margaret Rose Orthopaedic Hospital, City Hospital, Edinburgh Dental Hospital, Simpson Memorial Maternity Pavilion, Princess Alexandra Eye Pavilion and Chalmers Hospital, all in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including 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, one of whom shall be appointed from the University of Edinburgh, and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Lothian 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 Lothian 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 Lothian 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
25th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mulberry National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 9th November 1993.
2
In this Order —
“the Authority” means South Lincolnshire Health Authority;
“the Trust” means the Mulberry 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 28th May 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th October 1993


text:
Citation, commencement, and interpretation
1
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations “the principal Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 ; and, unless the context otherwise requires, expressions used in these Regulations which are also used in Part IV (enforcement) of the principal Regulations have the same meaning as in those Regulations.
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Definitions
3
In regulation 27 and, accordingly, in that regulation as set out in Form D in Schedule 3 —
a
in the definition in paragraph (1) of “net earnings” after the words “other benefits”, there is inserted the following —
; and, where an order under regulation 37 (making of attachment of earnings order) of the Council Tax (Administration and Enforcement) Regulations 1992 made before the making of the attachment of earnings order concerned remains in force,
any amount required to be deducted in accordance with that order
; and
b
after the definition of “earnings” there is inserted the following definition —
“the Income Support Regulations ” means the Community Charges (Deductions from Income Support) ( No. 2) Regulations 1990,
.
Duties of debtors subject to liability order
4
In regulation 31, after the words “this Part” in sub-paragraph (c) of paragraph (3) there are inserted the words “, regulation 36 of the Council Tax (Administration and Enforcement) Regulations 1992”.
Priority between attachment of earnings orders
5
1
In regulation 37 —
a
in paragraph (1), for the word “Where” there are substituted the words “Subject to paragraph (3), where”; and
b
after paragraph (2) there is inserted the following —
3
This regulation does not apply in a case to which regulation 37A applies.
.
2
After regulation 37 and, accordingly, after that regulation as set out in Form D in Schedule 3, there is inserted the following —
Priority as between orders made after 31st March 1993
37A
1
This regulation applies in the case of attachment of earnings orders made after 31st March 1993.
2
Where an employer would, but for this paragraph, be obliged to make deductions on any pay-day under two or more attachment of earnings orders to which this regulation applies, he shall —
a
deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with; and
b
deal with any later order as if the earnings to which it relates were the residue of the debtor’s earnings after the making of any deduction to comply with any earlier order.
3
Subject to paragraph (4), where an employer would, but for this paragraph, be obliged to comply with one or more attachment of earnings order to which this regulation applies and with one or more deduction order, he shall deal with the orders according to the respective dates on which they were made in like manner as under paragraph (2).
4
An employer shall not deal with a deduction order made either wholly or in part in respect of the payment of a judgment debt or payments under an administration order until he has dealt with the attachment of earnings order or orders and any other deduction order.
5
In this regulation “deduction order” means an order under the Attachment of Earnings Act 1971 made on or after 1st April 1993.
.
Distress
6
In regulation 39, after paragraph (1), there is inserted the following paragraph —
1A
Without prejudice to paragraph (8) below, no person making a distress shall seize any goods of the debtor of any of the following descriptions —
a
such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation;
b
such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.
.
Relationship between remedies
7
In regulation 46 —
a
in paragraph (1), after the words “designated dwelling” there are inserted the words “, or under the Income Support Regulations”;
b
in paragraph (2) , for the words after “may not be taken” there are substituted the words —
in relation to a person against whom a liability order has been made while —
steps by way of another of those methods are being taken against him under it; or
deductions are being made under the Income Support Regulations from any amount payable to him by way of income support; or
an application under regulation 2(1) of the Income Support Regulations has been made in respect of him to the Secretary of State and remains undetermined.
;
c
after paragraph (2), there is inserted the following paragraph —
2A
An application under regulation 2(1) of the Income Support Regulations may not be made in respect of a person against whom a liability order has been made while steps under this Part are being taken against him for the recovery of an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
.
Joint and several liability
8
In regulation 48 —
a
after paragraph (8) there is inserted the following paragraph —
8A
Where a liability order has been made against a chargeable person and a spouse of his, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 41(3), no steps, or further steps, may be taken under the Income Support Regulations in respect of either of them in relation to the amount mentioned in regulation 41(4).
; and
b
for paragraph (11) there is substituted the following paragraph —
11
Where —
a
a liability order has been made against a chargeable person and a spouse or manager in respect of an amount; and
b
a charge has arisen as regards one of them under head B of the Table in paragraph 1 of Schedule 5 in respect of that amount,
no further charge may be aggregated for the purposes of regulation 39(2) under that head or head A of that Table in consequence of any subsequent levy or attempted levy against either in respect of that amount; and a charge under head A(i) or charges under that head and head A(ii) against one of them shall be treated for those purposes as a charge or, as the case may be, charges under that head with respect to the other as well as that one.
.
Prescribed form of attachment of earnings order
9
In Form D in Schedule 3 —
a
in the second paragraph, for the words “regulations 34 to 37” there are substituted the words “regulations 34 to 37A”; and
b
in the heading to the regulations set out at the end of the Order, for the words “33 TO 37” there are substituted the words “33 TO 37A”.
Charges relating to distress
10
The Schedule set out in the Schedule hereto is substituted for Schedule 5.
Signed by authority of the Secretary of State for the Environment
John Redwood
Minister of State,
Department of the Environment
16th March 1993
David Hunt
Secretary of State for Wales
17th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1993 and shall come into force on 11th April 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) for the definition of “contribution card” there shall be substituted the following definition —
“contribution card” means a card issued to a person by the Secretary of State in respect of any contribution week ending before 11th April 1993 for the purposes of paying Class 2 or Class 3 contributions by means of stamps affixed to that card;
Amendment of regulation 27 of the principal Regulations
3
In regulation 27 of the principal Regulations (Class 3 contributions) for sub-paragraph (a) of paragraph (3) there shall be substituted the following sub-paragraph —
a
pay the contribution not later than 42 days after the end of the year in respect of which it is paid; or
.
Insertion of regulations 53A and 53B into the principal Regulations
4
After regulation 53 of the principal Regulations (disposal of contribution cards) there shall be inserted the following regulations —
Notification of commencement or cessation of payment of Class 2 or Class 3 contributions
53A
1
Every person to whom paragraph (2) of this regulation applies shall immediately notify the relevant date to the Secretary of State in writing.
2
This paragraph applies to a person who —
a
becomes, or ceases to be, liable to pay a Class 2 contribution;
b
becomes, or ceases to be, entitled to pay a Class 2 contribution although not liable to do so; or
c
is entitled to pay a Class 3 contribution and wishes either to do so or to cease doing so.
3
In paragraph (1) of this regulation “the relevant date” means, in relation to a person to whom —
a
paragraph (2)(a) of this regulation applies, the date upon which he commences or ceases to be a self-employed earner;
b
paragraph (2)(b) or (c) of this regulation applies, the date upon which he wishes to commence or cease paying either Class 2 or Class 3 contributions, as the case may be.
Notification of change of address
53B
Every person who is —
a
liable to pay Class 2 contributions; or
b
paying either Class 2 contributions although not liable to do so, or Class 3 contributions,
shall immediately notify the Secretary of State in writing of any change of his address.
.
Substitution of regulation 54 of the principal Regulations
5
For regulation 54 of the principal Regulations (method of, and time for, payment of Class 2 and Class 3 contributions etc. ) there shall be substituted the following regulations —
54
1
Where Class 2 or Class 3 contributions are payable by a person other than in accordance with arrangements approved under regulation 54A of these regulations (arrangements approved by the Secretary of State etc.), such contributions shall be paid in accordance with the provisions of paragraph (2), (3) or (4), as the case may be, of this regulation.
2
Where —
a
a person who is liable to pay a Class 2 contribution in respect of any contribution week in a contribution quarter has notified the Secretary of State of his liability in accordance with the provisions of regulation 53A of these regulations (notification of commencement or cessation of payment of Class 2 or Class 3 contributions); and
b
the Secretary of State, within 14 days after the end of the quarter in question, has issued him with written notice of the number of contribution weeks in that quarter, of the weekly rate at which the contribution is payable and of the date specified as the date of notification,
that person shall pay to the Secretary of State the amount of contributions for which he is liable not later than 28 days after the specified date of notification.
3
Where —
a
a person who is entitled although not liable to pay a Class 2 contribution, or who is entitled to pay a Class 3 contribution, in any year, has notified the Secretary of State of his entitlement in accordance with the provisions of regulation 53A of these regulations; and
b
the Secretary of State, within 14 days after the end of a contribution quarter which commences in that year, has issued him with written notice of the amount he may pay in respect of his entitlement in that quarter,
that person may, if he so wishes, pay to the Secretary of State a sum not exceeding that amount.
4
Where —
a
paragraph (5) or (6) of this regulation applies to a person; and
b
the Secretary of State has then, in respect of that person’s liability for Class 2 contributions or entitlement to pay Class 2 or Class 3 contributions, issued or re-issued him, as the case may be, with written notice of the number of contribution weeks in respect of which the liability arises together with the weekly rate, and of the date specified as the date of notification, or, where he is entitled to pay contributions, of the amount of his entitlement,
that person shall, if he is liable to pay a contribution, pay the amount of contributions for which he is liable not later than 28 days after the specified date of notification and, if he is entitled to pay a contribution, he may pay a sum not exceeding the amount of his entitlement, to the Secretary of State.
5
This paragraph applies to a person who —
a
has notified the Secretary of State in accordance with the provisions of regulation 53A of these regulations that —
i
he is liable to pay a Class 2 contribution in respect of one or more weeks in a contribution quarter, or
ii
he is entitled although not liable to pay a Class 2 contribution, or is entitled to pay a Class 3 contribution, in a contribution quarter; and
b
has —
i
not had written notice issued to him of the kind referred to in paragraph (2) of this regulation in respect of that week or weeks, or of the kind referred to in paragraph (3) of this regulation in respect of the amount of that contribution and more than 14 days have elapsed since the end of the contribution quarter in question, or
ii
notified the Secretary of State in accordance with the provisions of regulation 53A of these regulations that he has ceased to be liable to pay Class 2 contributions or ceased to be entitled to pay Class 2 or Class 3 contributions, as the case may be.
6
This paragraph applies to a person —
a
to whom a written notice of the kind referred to in paragraph (2), (3) or (4) of this regulation has been issued and who has informed the Secretary of State immediately —
i
that the notice he received has since been lost, destroyed or defaced, or
ii
that he disputes the amount of contributions which he is liable or entitled to pay in the contribution quarter in question; or
b
who has notified the Secretary of State not later than 28 days after the end of the contribution quarter in question that he has not received such a notice.
7
A written notice of the kind referred to in paragraph (2), (3) or (4) of this regulation shall be accompanied by a bank giro credit form in order that payment may be made at a bank.
8
In this regulation —
a
the term “bank” includes a bank within the meaning of section 40 of the Post Office Act 1969 (giro system);
b
“contribution quarter” means one of the four periods of not less than 13 contribution weeks commencing on the first day of the first, fourteenth, twenty-seventh or fortieth contribution week, as the case may be, in any year.
Arrangements approved by the Secretary of State for method of, and time for, payment of Class 2 and Class 3 contributions
54A
1
The Secretary of State may, if he thinks fit, and subject to such terms and conditions as he may impose, approve arrangements whereby contributions are paid at times, or in a manner, other than those prescribed in regulation 54 of these regulations (method of, and time for, payment of Class 2 and Class 3 contributions) and in particular, where during any year a person is both an employed earner and a self-employed earner and the Secretary of State is satisfied that the total amount of Class 1 contributions which are likely to be paid by or in respect of that person will be such as to result in the amount of contributions which are likely to be paid by that person in respect of that same year exceeding the maximum amount prescribed in regulation 17(1) of these regulations, the Secretary of State may, with a view to avoiding excess payment of contributions, make special arrangements with that person as to the manner and date for any or any further payment by him of Class 2 contributions in respect of that year.
2
The provisions of these regulations shall, subject to the provisions of the arrangements, apply to the person affected by the arrangements, and any contravention of, or failure to comply with, any requirements of the arrangements shall be deemed to be a contravention of or failure to comply with these regulations.
3
Where in respect of an earner arrangements are authorised under paragraph (1) of this regulation for payment of contributions by way of direct debit of a bank, such arrangements shall be subject to the condition that any payment by way of such direct debit as on account of such contributions after the authority of the bank to make such payment has for any reason ceased to be effective, shall not be a payment of contributions for the purposes of the Act and for the purposes of this paragraph the term “bank” includes a bank within the meaning of section 40 of the Post Office Act 1969 (giro system).
.
Amendment of regulation 123D of the principal Regulations
6
In regulation 123D of the principal Regulations (special provisions for volunteer development workers as to residence, rate, annual maximum and method of payment) for sub-paragraph (d) of paragraph (1) there shall be substituted the following sub-paragraph —
d
regulation 54 of these regulations (method of, and time for, payment of Class 2 and Class 3 contributions) shall not apply.
.
Revocations and savings
7
1
Regulation 51 (provisions as to application for, and custody of, contribution cards etc.), regulation 52 (issue and currency of contribution cards), regulation 53 (disposal of contribution cards) and regulation 57 (adaptation of enactments) of, and Schedule 2 to, the principal Regulations are hereby revoked.
2
Notwithstanding the revocations effected by paragraph (1) of this regulation —
a
regulations 51, 52 and 53 of the principal Regulations shall continue to apply in respect of any contribution card issued before 11th April 1993, subject to the modifications to those regulations made in paragraphs (3) to (5) of this regulation;
b
regulation 57 of, and Schedule 2 to, the principal Regulations shall continue to apply in respect of any stamps prepared and issued in respect of any period before 11th April 1993.
3
For the purposes of paragraph (2)(a) of this regulation, regulation 51 shall be modified as follows —
a
for the heading there shall be substituted the heading “Custody of contribution cards”;
b
in paragraph (1) —
i
sub-paragraph (a) shall be omitted;
ii
in sub-paragraph (b) for the words from the beginning to “with these regulations,” there shall be substituted the words “who holds a contribution card”;
iii
in sub-paragraph (d) the words “or 53(2)” shall be omitted;
iv
for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
shall, if his contribution card has been destroyed, lost or defaced in any material way, notify the Secretary of State in writing that it has been destroyed, lost or defaced, as the case may be.
;
c
for paragraph (3) there shall be substituted the following paragraph —
3
This regulation applies to any person to whom a contribution card was issued by the Secretary of State, for the purpose of enabling him to pay any Class 2 contributions which he was liable to pay, or which he was entitled although not liable to pay, or any Class 3 contributions which he was entitled to pay.
.
4
For the purposes of paragraph (2)(a) of this regulation, regulation 52 shall be modified as follows —
a
the words “Issue and” shall be omitted from the heading;
b
for paragraph (1) there shall be substituted the following paragraph —
1
A contribution card which has been issued to a person shall remain the property of the Secretary of State.
;
c
in paragraph (2) there shall be omitted —
i
the words from “shall be in” to “direct and”; and
ii
the words from “, and any fresh contribution card” to the end;
d
paragraph (3) shall be omitted.
5
For the purposes of paragraph (2)(a) of this regulation, regulation 53 shall be modified by the omission of paragraph (2).
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
12th February 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Public Service Pension Schemes) (Amendment) Regulations 1993, and shall come into force on 1st September 1993.
2
In these Regulations “the principal Regulations ” means the Occupational Pensions Schemes (Public Service Pension Schemes) Regulations 1978.
Extension of the principal Regulations in relation to Part IVA of the Social Security Pensions Act 1975
2
In regulation 2 of the principal Regulations (schemes to be treated as public service pension schemes) for the words “Parts III and IV of the Social Security Pensions Act 1975” there are substituted the words “Parts III, IV and IVA of the Social Security Pensions Act 1975”.
Amendment of list of schemes treated as public service pension schemes
3
The Schedule to the principal Regulations (list of schemes treated as public service pension schemes) shall be amended by deleting the entry “Sino-British Trade Council Pension Scheme” and by adding the following occupational pension schemes:
“Latin American Trade Advisory Group Pension Scheme”;
“China-Britain Trade Group Pension Scheme”;
“Great Britain-China Centre Staff Pension Scheme”;
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
20th July 1993
Signed on behalf of Her Majesty’s Treasury.
Irvine Patnick
Tim Wood
Two of the Lords' Commissioners of Her Majesty’s Treasury
23rd July 1993


text:
Commencement and citation
1
These Regulations shall come into force on 6th April 1993 and may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1993.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1992 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires–
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by Regulations made under section 80;
“approval requirements” means–
the requirements for examination and approval as regards the type approval requirements specified in–
a Community Instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;
“ECE Regulation” means a Regulation to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directive 87/403/EEC and Council Directive 92/53/EEC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community Instrument or ECE Regulation;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcyles (Sound Level Measurement Certificates) Regulations 1980 ;
“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be;
“ Type Approval Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 .
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in the Framework Directive.
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 shall have effect for the interpretation of–
a
certain expressions relating to Community Instruments and ECE Regulations , and
b
certain abbreviations
used in Schedule 1.
Fees — consecutive examinations
5
Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either–
a
a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a modification of a certificate but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant,
the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers shall be appropriate.
2
Paragraph (1) applies to–
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to–
i
a Community Instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of an examination as is mentioned in regulation 4 or 5 or in paragraph (1)–
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination,
and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
Fees — examination of a complete vehicle under the national type approval scheme
7
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 2.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in–
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above–
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies–
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case;
the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate
8
1
In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Other expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for–
a
the examination of the vehicle; and
b
administrative work (other than the issue of the EC type approval certificate),
with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 5.
5
Where —
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a complete vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required
the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate–
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
Fees — avoidance of duplication
9
Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
10
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5.
5
The fee for the issue of a sound level measurement certificate is £46.
6
Where —
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than would otherwise have been the case
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
Additional fees payable for the issue of documents under the national scheme
11
1
In this regulation–
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC,–
“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means–
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued;
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where–
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
12
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of–
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of #55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) does not include any expenses relating to–
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If–
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
13
1
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid–
a
in the case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
14
1
Subject to the provisions of regulation 15, if an applicant–
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefore,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies–
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £99;
b
if the Secretary of State is not so notified within that period–
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £219 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies–
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £97;
b
if the Secretary of State is not so notified within that period, the cancellation fee shall be £286.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided–
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
Submission of alternative vehicle or vehicle part for examination
15
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he orginally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 14(1) but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
16
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is–
a
if the vehicle is one in respect of which a certificate of conformity has been issued–
i
£31 if the vehicle is in category L2, L5, or N1;
ii
£36 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued–
i
£31 if the vehicle is in category L2, L5, or N1;
ii
£36 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is–
a
£30 if the vehicle is in category N1; or
b
£10 if the vehicle is in category N2 or N3.
Approval of facilities
17
1
The fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate of £71.
2
Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
18
The fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community Instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £71.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
9th March 1993
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1993


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (High Security Prisons) (Amendment No. 3) Regulations 1993 and shall come into force on 25th August 1993.
2
The Air Navigation (Restriction of Flying) (High Security Prisons) Regulations 1989 shall be amended as follows: —
a
to the end of regulation 2(2) there shall be added —
or
c
in relation to the high security prison at Belmarsh —
i
flight within the area bounded by a straight line joining N5130.29 E0005.58 to N5129.68 E0004.95 and thence in a northerly direction by an arc of a circle having a radius of 0.5 nautical miles and centred on N5129.82 E0005.78 to N5130.29 E0005.58; or
ii
flight by any helicopter flying in accordance with the Instrument Flight Rules and in accordance with instructions given by the air traffic control unit at London City Airport.
b
to the end of the Schedule there shall be added the following entry —
Belmarsh 0.5 N5129.82 E0005.78 2000
Signed by authority of the Secretary of State for Transport
H B Wenban Smith
An Under Secretary in the
Department of Transport
25th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Shrewsbury Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Shrewsbury Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Shrewsbury Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Royal Shrewsbury Hospital, Mytton Oak Road, Shrewsbury, Shropshire SY3 8BR and associated hospitals;
b
to manage community health services provided from Royal Shrewsbury Hospital, Mytton Oak Road, Shrewsbury, Shropshire SY3 8BR and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Shropshire 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 Shropshire 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 Shropshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pembrokeshire National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 3rd November 1993.
2
In this Order:
“the Authority” means Pembrokeshire Health Authority;
“the Trust” means Pembrokeshire 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 5th May 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 3rd November 1993 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
23rd September 1993


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1993 and shall come into force on 12th April 1993.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in sub-paragraph (4)(a) for the amount of £115 there shall be substituted the amount of £120; and
b
in sub-paragraph (4)(b) for the amounts of £15 and £115 there shall be substituted the amounts of £16 and £120 respectively.
Revocation
3
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th March 1993


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Scottish Hospital Trust Scheme 1993 and shall come into force on the day after the day on which it is made.
2
In this Scheme —
“the 1971 Act ” means the Hospital Endowments (Scotland) Act 1971 ;
“the 1978 Act ” means the National Health Service (Scotland) Act 1978;
“allocated relevant endowments” means the relevant endowments for which a Health Board may hold a certificate issued to it by the Trust in terms of regulation 6 of the Scottish Hospital Trust Regulations 1972 ;
“ NHS Trust” means a National Health Service Trust constituted under section 12A of the 1978 Act ;
“percentage share” means the proportion in percentage terms which a Health Board’s allocated relevant endowments added to any property accepted by the Trust in relation to that Health Board in pursuance of paragraph 4(f) of Schedule 6 of the 1978 Act bears to the total of relevant endowments held by the Trust and any property accepted by the Trust in pursuance of the said paragraph 4(f);
“relevant endowments” means endowments referred to in section 11(3) of the 1978 Act;
“the Trust” means the Scottish Hospital Trust constituted under section 11 of the 1978 Act.
Distribution of endowment funds income
2
The Trust shall, after paying the necessary expenses of management and the taxes affecting the endowments transferred to them in terms of section 2(1) of the 1971 Act and property accepted by them in pursuance of paragraph 4(f) of Schedule 6 to the 1978 Act distribute at dates in each year to be determined by the Secretary of State the resulting balance of income among Health Boards and NHS Trusts on the following basis: —
a
the Trust shall calculate the sum attributable to each Health Board area based on that Health Board’s percentage share and thereafter —
i
in a Health Board area where there is no NHS Trust or NHS Trusts in existence, pay that sum to the Health Board, or
ii
in a Health Board area where there is one or more NHS Trusts in existence, divide that sum between the Health Board and the NHS Trust or among the Health Board and NHS Trusts as the case may be;
b
where sub-paragraph (a)(ii) above applies the division shall be such as is agreed between the Health Board and the NHS Trust or NHS Trusts on the basis of the percentage of capital funds held by the Trust as between the hospitals, establishments or facilities pertaining to the NHS Trust or NHS Trusts and the hospitals, establishments or facilities which are under the administration of the Health Board;
c
in identifying the percentage of capital funds specified in sub-paragraph (b) a Health Board and NHS Trust shall have regard to the Schedules held by the Secretary of the Trust listing the value of endowments in terms of investments held for different groups of hospitals, and to any other relevant documents held by the Health Board or NHS Trust relating to endowments transferred to the Trust;
d
failing agreement between a Health Board and an NHS Trust or NHS Trusts on the division of income the Secretary of State shall, applying the criteria specified in sub-paragraphs (b) and (c), determine the division.
Application of income
3
1
The income received under this scheme by a Health Board shall be used for the purposes specified in sub-paragraph (3)(a) of paragraph 7 of Schedule 6 to the 1978 Act, and the income received under this scheme by an NHS Trust shall be used for the purposes specified in sub-paragraph 3(c) of that paragraph .
2
A Health Board or an NHS Trust in applying income for the uses specified in sub-paragraph (1) above shall have regard to the terms and conditions attaching to endowments transferred to the Trust from Boards of Management or Regional Hospital Boards under section 2(1) of the 1971 Act.
Revocation
4
The Scottish Hospital Trust Scheme 1974 is hereby revoked.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
17th February 1993