text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Edinburgh Healthcare 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 Edinburgh Healthcare 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 Edinburgh Healthcare 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 Edinburgh Hospital, Astley Ainslie Hospital, Corstorphine Hospital, Gogarburn Hospital, Northern General Hospital and Southfield Hospital, all in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clun) Designation Order 1993 and shall come into force on 27th March 1993.
Interpretation
2
1
In this Order
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of an agreement, the farmer obtains approval for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979
“meadowland” means land primarily used for the production of hay or silage;
“rough grazing” means land covered by semi-natural vegetation;
“strip” means a strip of land at least 6 metres wide located at the edge of a field used for the production of arable crops;
“unimproved grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded or treated with fertilisers, lime, slag, herbicides or pesticides;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the vicinity of Clun in Shropshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Clun environmentally sensitive area”, dated 3rd March 1993, signed and sealed by the Minister and desposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement at the rate of £30 per annum for each hectare of land to which the agreement relates, and, in relation to the provisions of Schedule 1 paragraph 2 (hedgerow restoration), £8 per annum for each hectare of that land.
2
Where an agreement includes the additional provisions specified in Schedule 2, 3, 4, 5, 6 or 7 the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
£ per hectare of land per annum
Schedule 2 80 Schedule 3 100 Schedule 4 170 Schedule 5 240 Schedule 6 25 Schedule 7 60
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 8, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 per agreement.
Revocation and saving
7
The Environmentally Sensitive Areas (Shropshire Borders) Designation Order 1987 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 28th February 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
We consent
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993 and shall come into force on 19th October 1993.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“amenity woodland” means small scale woodland planted and maintained primarily for improvement of the landscape;
“conservation plan” means a layout plan (or plans) which categorises all the land on the farm, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who enters or has entered into an agreement with the Secretary of State;
“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
“heather moorland” means areas of land in which heather ( calluna vulgaris ) and other dwarf shrubs (including bell heather ( erica cinerea ), cross-leaved heath ( erica tetralix ), crowberry ( empetrum nigrum ), blaeberry ( vaccinium myrtillus ), bog myrtle ( myrica gale )) occur throughout the vegetation;
“herb rich unimproved grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946 ;
“modifying existing drains” means deepening existing ditches or culverts, re-cutting hill grips or altering outfalls from under drainage systems;
“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
“new drainage” means cutting new grips or ditches and laying new tiles or pipes;
“overgrazing” means a deterioration in the condition of vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
“regeneration” means the perpetuation of vegetation through self-seeding or vegetation growth;
“reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated and is now showing significant presence of plant species indicative of unimproved grassland;
“rough grazings” means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;
“scrub” means low growing woody vegetation of small trees and shrubs including linear scrub along field margins containing dogrose, gorse, broom, blackthorn etc ;
“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;
“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;
“upland vegetation” means vegetation types other than heather moorland which occur within the rough grazings;
“water margins” means an area of ground bordering an area of still or flowing water;
“wetlands” means any ground which is normally saturated with water for a significant proportion of the year.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of Environmentally Sensitive Area
3
There is hereby designated as an Environmentally Sensitive Area that area of the Cairngorms Straths partly within the Gordon, the Kincardine and Deeside and the Moray Districts of Grampian Region and partly within the Badenoch and Strathspey District of Highland Region and which area is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area–Cairngorms Straths” dated 9th September 1993 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in artic le 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either at the rate of £15 per annum per hectare of enclosed land, with an additional payment of £1.50 per annum for each hectare of other land to which the agreement relates, or at the rate of £2,000 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses to which an agreement relates shall be at the rate of not less than £250 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 10(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £130 per annum for each hectare of land to which the agreement relates, or at the rate of £4,000 per annum per individual farm business, whichever is the lower.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
9th September 1993
We consent,
T J R Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd September 1993


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire, Lancashire and Merseyside (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“Cheshire” means the county of Cheshire;
“district” includes a borough and a metropolitan borough;
“electoral division” means an electoral division of the county to which an area is transferred by this order; any reference to Halton or to Warrington is a reference to the Cheshire district of that name;
“Lancashire” means the county of Lancashire, except in the expression “West Lancashire”, where it means the district of that name in that county;
“the map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Cheshire, Lancashire and Merseyside (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, and any reference to St.Helens is a reference to the district of that name in that county; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred.
Transfers from Cheshire (Warrington) to Merseyside ( St. Helens)
3
Each area which is marked as shown in column 1 of the following Table on the Map indicated in column 2 shall be transferred from Cheshire, from Warrington and from the parish named in column 3 to —
a
Merseyside;
b
St. Helens;
c
the parish (if any) and ward mentioned in column 4; and to
d
the St. Helens petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Merseyside, from St. Helens, and from the parish of– To Cheshire, to Halton and to–
B 2 Bold Farnworth ward Birchfield electoral division C 2 Bold Halton ward Woodend electoral division A 2 Bold Farnworth ward Birchfield electoral division
Transfers from Merseyside (St. Helens) to Cheshire (Halton)
4
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merseyside, from St. Helens, and from the parish named in column 3 to —
a
Cheshire;
b
Halton;
c
the ward and electoral division mentioned in column 4; and to
d
the Halton petty sessional division and the Cheshire coroner’s district — and shall become unparished. Table Area marked —
Table
1. 2. 3. 4. Area marked– On map– Transferred from Cheshire, from Warrington, and from the parish of– To Merseyside, to St. Helens and tothe following–
A
A & C
3
5
Burtonwood
Parish of Bold
Sutton and Bold ward
J, K, L & M 5 Burtonwood Newton East ward F 5 Burtonwood Newton West ward N 5 Winwick Newton East ward
Transfers from Merseyside (St. Helens) to Cheshire (Warrington)
5
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merseyside, from St. Helens, and from the parish (or, where unparished, the ward) named in column 3 to —
a
Cheshire;
b
Warrington;
c
the parish, ward and electoral division mentioned in column 4; and to
d
the Warrington petty sessional division and the Cheshire coroner’s district.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Merseyside, from St. Helens, and from the parish of– To Cheshire, to Warrington and to–
B & D 5 Parish of Bold
Parish of Burtonwood
Burtonwood ward
Burtonwood electoral division
D 2 Parish of Bold
Parish of Cuerdley
Penketh and Cuerdley ward
Penketh and Whitecross electoral division
E 5 Haylock ward
Parish of Burtonwood
Burtonwood ward
Burtonwood electoral division
B 4 Newton East ward ward
Parish of Croft, Colcheth,
Glazebury and Croft ward
Culcheth and Southworth
electoral division
A
O, P & Q
4
5
Newton East ward
Parish Winwick
Winwick ward
Culcheth and Southworth electoral division
G & H 5 Newton West ward
Parish of Burtonwood
Burtonwood ward
Burtonwood electoral division
Transfer from Lancashire (West Lancashire) to Merseyside (St. Helens)
6
The area which is marked A on map 1 shall be transferred from Lancashire, from West Lancashire, and from the parish of Bickerstaffe to —
a
Merseyside;
b
St. Helens;
c
the parish of Rainford;
d
the Rainford ward; and to
e
the St. Helens petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district.
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
22nd February 1993


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the main new 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 line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
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 PSE A27/13D/65/2/5, marked “The A27 Trunk Road (Polegate Bypass 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 newtrunk road” means the new trunk road to be constructed pursuant to the A27 Trunk Road (Polegate Bypass) Order 1993 ;
iii
“the slip roads” has the meaning given in article 1 above;
iv
“the Side Roads Order ” means the A27 Trunk Road (Polegate Bypass Side Roads) Order 1993; and
v
“the Trunk Road ” means the Folkestone–Honiton Trunk Road (A27).
4
This Order shall come into force on 1st September 1993 and may be cited as the A27 Trunk Road (Polegate Bypass Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
27th July 1993


text:
1
These Regulations may be cited as the Rules of the Air (Second Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
The Schedule to the Rules of the Air Regulations 1991 shall be amended as follows:
1
For rule 5(2)(b) there shall be substituted:
b
Paragraphs (1)(a)(ii), (1)(c), (1)(d) and (1)(e) shall not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
.
2
At the end of rule 17(1) there shall be added:
Provided that subparagraphs (c) and (e) of this paragraph shall not apply to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
11th March 1993


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1993 and shall come into force on 24th April 1993.
2
The London Cab Order 1934 shall be amended in accordance with Article 3 below.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to sub-paragraph (2) below, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of 60p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 9.92 miles an hour, at the rate of 20p for 291 yards or, if the fare shown on the taximeter is £8.00 or more, at the rate of 20p for 194 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 9.92 miles an hour, at a rate of 20p for 60 seconds or, if the fare shown on the taximeter is £8.00 or more, at the rate of 20p for 40 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above would be less than £1.00 the fare payable shall be £1.00, and in any other case where the fare would exceed a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
2nd April 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Monklands and Bellshill Hospitals National Health Service Trust (Appointment of Trustees) Order 1993, and shall come into force on 30th April 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the Monklands and Bellshill Hospitals National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the Trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the Trust under section 12G of the Act.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Education (Application of Financing Schemes to Special Schools) Regulations 1993.
2
These Regulations shall come into force on 1st January 1994.
3
In these Regulations–
“the 1988 Act ” means the Education Reform Act 1988;
“new school” and “temporary governing body” have the same meanings as in section 48 of the 1988 Act;
“scheme” means a scheme made by a local education authority under section 33 of the 1988 Act; and
“the 1992 Regulations ” means the Education (Application of Financing Schemes to Special Schools) Regulations 1992 .
4
The 1992 Regulations are revoked.
Application to special schools of Chapter III of Part I of the 1988 Act
2
1
The schools required to be covered in the financial year beginning in 1994 and in subsequent financial years by a scheme made by a local education authority shall include the authority’s special schools.
2
Where, by virtue of–
a
a determination under regulation 2(1) of the 1992 Regulations; or
b
paragraph (1) above,
the special schools of a local education authority are required to be covered in any financial year by a scheme made by the authority, the provisions of Chapter III of Part I of the 1988 Act (other than sections 33 and 49 and Schedule 4) shall have effect, in relation to that authority, as if any reference contained in those provisions to a county school maintained by an authority included a reference to a special school of that authority.
3
Where a new school is included in the special schools of a local education authority which are required (by virtue of a determination under regulation 2(1) of the 1992 Regulations or by virtue of paragraph (1) above) to be covered by a scheme–
a
paragraph 2(2) to (5), (9) and (10) of Schedule 4 to that Act (which makes provision as to the application of schemes in relation to new schools) shall apply in relation to that school as it applies in relation to a school to which paragraph 1 of that Schedule applies;
b
paragraph 2(6) of that Schedule shall so apply, and paragraph 4(1) of that Schedule shall have effect in relation to that authority’s schools, as if the reference in each paragraph to the delegation requirement under a scheme were a reference to any requirement under a scheme made by virtue of regulation 3 below; and
c
the following provisions of that Schedule, that is to say–
i
paragraph 4(6)(a) (articles of government of new school to indicate that certain provisions are superseded); and
ii
paragraph 7(2) (articles of government of new school to contain statement of any inconsistency between articles and Chapter III of Part I of the 1988 Act),
shall have effect, in relation to that authority’s schools, as if any reference to a county school included a reference to a special school.
4
In this regulation references, in relation to a financial year, to the special schools of a local education authority are references to–
a
any special school maintained by that authority at the beginning of that year;
b
any new school that is established, at any time during that year, as a special school maintained by that authority; and
c
any school proposed to be established by that authority which will be a special school and which has a temporary governing body during the whole or any part of that year.
Delegation of budget share to governing body of special schools
3
Provision for requiring the delegation by the local education authority concerned of the management of the budget share of any special school to the governing body of that school, or of the budget share of any new school which will be a special school to the temporary governing body of that school,–
a
may be included in a scheme, in the case of a local education authority in England, in relation to either or both of the financial years beginning in 1994 and 1995, and, in the case of a local education authority in Wales, in relation to any financial year;
b
shall be included in a scheme in respect of such schools as the Secretary of State directs; and
c
in the case of a local education authority in England, shall be included in a scheme in relation to the financial year beginning in 1996 and subsequent financial years.
John Patten
Secretary of State for Education
3rd December 1993
John Redwood
Secretary of State for Wales
8th December 1993


text:
1
These Regulations may be cited as the Air Fares (Second Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
In regulation 2(1) of the Air Fares Regulations 1992 , in the definition of “the Council Regulation”, after the word “services” there shall be inserted the words “(as that Regulation has effect in accordance with Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation) ”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
6th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 1993 and shall come into force on 1st October 1993.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 4 (application of type approval requirements)
3
1
Regulation 4 shall be amended as follows.
2
In paragraph (1), after “(2),” there shall be inserted “(2A),”.
3
In paragraph (2), the words “and as at its date of manufacture” shall be omitted.
4
After paragraph (2) as so amended, there shall be inserted the following paragraph —
2A
In relation to a particular vehicle —
a
a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is first used; and
b
a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured;
but nothing in this paragraph affects the operation of sub-paragraph (a) or (b) of paragraph (1) so far as it relates to requirements with respect to exhaust emissions from any vehicle, other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas.
.
5
In paragraph (3), the words from the beginning to “this regulation,” shall be omitted.
6
Paragraph (3A) shall be omitted.
7
In paragraph (4), there shall be inserted at the beginning the words “Save as provided in paragraph (4A),”.
8
After paragraph (4) as so amended, there shall be inserted the following paragraph —
4A
The provisions of paragraph (4) do not apply in respect of items 2D and 2F in Part I of Schedule 1.
.
9
In paragraph (14) after “2E,” there shall be inserted “2F,”.
Amendments to Part I of Schedule 1
4
1
Part I of Schedule 1 shall be amended as follows.
2
For items 2F and 2G there shall be substituted the items set out in Schedule 1 to these Regulations.
3
After item 2H, there shall be inserted the item shown in Schedule 2 to these Regulations.
4
For items 4D(4) and 4E there shall be substituted the items set out in Schedule 3 to these Regulations.
5
For items 6F, 6G, 6H, 6I, 6J, 6K, and 6L there shall be substituted the items set out in Schedule 4 to these Regulations.
Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)
5
1
Part I of Schedule 1B shall be amended as follows.
2
Paragraph 1 shall be renumbered paragraph 1A and before that paragraph as so renumbered there shall be inserted the following paragraph —
1
This Part of this Schedule has effect subject to Part III of this Schedule.
.
3
In paragraph 1A as so renumbered, after “2E,” there shall be inserted “2F,”.
6
In Part II of Schedule 1B, after the entry relating to item 2E in Part I of Schedule 1, there shall be inserted the following entry —
2F All vehicles 1.7.1992 30.9.1993 30.9.1994
.
7
In Schedule 1B, after Part II, there shall be added the provisions set out in Schedule 5 to these Regulations.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993


text:
1
This Order may be cited as the Gipsy Encampments (East Yorkshire Borough of Beverley) Order 1993 and shall come into force on 30th December 1993.
2
The area of the East Yorkshire Borough of Beverley is designated as an area to which section 10 of the Caravan Sites Act 1968 (prohibition of unauthorised camping in designated areas) applies.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
2nd December 1993


text:
1
The A65 Trunk Road (Gargrave Bypass) Order 1990 (hereinafter referred to as “the principal Order”) is amended as follows:
a
in article 2 of the principal Order for the words “the deposited plan”, substitute the words “the deposited plan and the further plan”;
b
after sub-paragraph (i) in article 4(2) of the principal Order insert the following sub-paragraph —
i
A “the further plan”means the plan numbered HA10/YHCPD59 marked the A65 Trunk Road (Gargrave Bypass) Order 1990 Amendment and New Trunk Road 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;
;
c
in the Schedule to the principal Order —
i
for the number “5.4” in line 1, substitute the number “4.9”,
ii
for the number and words “50 metres east of the British Rail line at Coniston Bridge (marked ‘A’ on the deposited plan)”, substitute the number and words —
600 metres south of the British Rail line at Coniston Bridge (marked ‘A’ on the further plan) and goes in a south easterly direction to and including a roundabout on the western side of the Trunk Road, then in an easterly direction to the point marked ‘B’ on the further plan. It
.
2
So much of the heavy black line on the deposited plan which indicates the centre line of the new trunk road as relates to the length of that road which lies between point ‘A’ on that plan and a point on that road 800 metres east of Coniston Bridge (marked ‘B’ on the further plan) shall be disregarded and in this article “the deposited plan” has the meaning given in the principal Order.
3
This Order shall come into force on 23rd July 1993 and may be cited as the A65 Trunk Road (Gargrave Bypass) Order 1990 Amendment and New Trunk Road Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director, Yorkshire and Humberside Region
Department of Transport
5th July 1993


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Educational hereditaments
2
Regulation 2(3) of the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 shall be amended by the substitution for paragraph (b) of the definition of “educational hereditament” of the following —
b
is constructed or adapted for the provision of further education within the meaning of section 41 of the Education Act 1944 as read with section 14 of the Further and Higher Education Act 1992 (“the 1992 Act ”), or higher education within the meaning of section 120(1) of the Education Reform Act 1988 or both, and is wholly or mainly used for the purposes of an institution which is —
i
maintained or assisted by a local education authority; or
ii
within the higher education sector within the meaning of section 91(5) of the 1992 Act and which is not a university; or
iii
within the further education sector within the meaning of section 91(3) of the 1992 Act; or
iv
provided or maintained by a body not established for profit;
.
Michael Howard
Secretary of State for the Environment
8th March 1993
David Hunt
Secretary of State for Wales
9th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warwickshire Ambulance Service National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Warwickshire Ambulance Service National Health Service Trust established be article 2 of theis Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Warwickshire Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Trust Headquarters, 50 Holly walk, Leamington Spa, Warwickshire CV32 4HY and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Warwickshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Warwickshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of te trust;
c
liablity 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 satisfactory 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 Warwickshire Health Authority.
Restriction on disposal of assest
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
These Regulations may be cited as the Teachers' Superannuation (Amend-ment) Regulations 1993, and shall come into force on 1st March 1993, but regulation 3 shall have effect as from 1st June 1989 and regulations 8, 9, 11, 14, 17, 18 and 20 shall have effect as from 1st November 1988.
2
In these Regulations “the principal Regulations ” means the Teachers' Superannu-ation (Consolidation) Regulations 1988 and unless the context otherwise requires expressions which are also used in the principal Regulations have the same meaning as they have in those Regulations.
Part-time employment
2
Regulation B2(1)(d) of the principal Regulations is amended by inserting after the words “the Christian Education Movement” the words “or by the Workers' Educational Association or by the Sports Council”.
Salary on which contributions are payable
3
Regulation C1 of the principal Regulations is amended —
a
in paragraph (12) —
i
by inserting at the beginning the words “Subject to paragraphs (13) and (14),”, and
ii
by substituting for the figure “£60,000” the words “the permitted maximum in terms of section 590C of the Income and Corporation Taxes Act 1988 ”; and
b
by inserting after paragraph (12) the following:
13
Paragraph (12) shall not apply to a person who was in pensionable employment before 1st June 1989 and who resumes pensionable employment following —
a
an absence on maternity leave in respect of which she enjoyed a right to return to work under sections 48 and 49 of the Employment Protection Act 1975 or under sections 45 and 47 of the Employment Protection (Consolidation) Act 1978 ;
b
a period of secondment or additional period of absence necessarily attributable to that secondment; and
c
in any other case, a break in teaching employment not exceeding one year.
14
Paragraph (12) shall not apply to a person who was in comparable British service before 1st June 1989 and who enters pensionable employment provided there has not been a period of more than one year between cessation of employment in comparable British service and entering pensionable employ-ment.
15
For the purpose of paragraph (14), “comparable British service” does not include service which is pensionable under a superannuation scheme for teachers in public employment in the Channel Islands and the Isle of Man.
.
Additional contributions for past period
4
Regulation C3 of the principal Regulations is amended —
a
by deleting paragraph (6)(e);
b
in paragraph (6)(f), by deleting “(i)” and the words after “Schedule 4, and”;
c
in paragraph (6)(g), by deleting at the end “, and”;
d
by deleting paragraph (6)(h);
e
in paragraph (9), by substituting for the words “paragraphs (10) and (11)” the words “paragraph (11)”;
f
by deleting paragraph (10); and
g
by substituting for paragraph (13) the following:
13
Where the Secretary of State has notified the person in writing that his election under this regulation has been accepted, the person may at any time revoke the election by giving written notice to the Secretary of State but, in the case of such election being so revoked, any additional contributions paid up to that time are not to be refunded.
13A
Where an election to make payment by Method C is revoked, a further election to make payment by that Method cannot be made until at least five years have elapsed from the time the election is revoked.
13B
A revocation of an election under this regulation has effect only if the Secretary of State notifies the person in writing that it has been accepted.
.
Additional contributions for current period: service in a reserve force
5
The principal Regulations are amended by inserting after regulation C8 the following:
Additional contributions for current period: service in a reserve force
C8A
1
This regulation applies to a person who has ceased to be in pensionable employment by virtue of being called into service in pursuance of section 26(1)(a) of the Reserve Forces Act 1980 (“the 1980 Act ”) where an order is in force under section 10(1) of that Act authorising the calling out of a reserve force within the meaning of that section: provided that the person does not apply for payment of any retirement benefits to which he would otherwise be entitled on ceasing to be in such employment.
2
Subject to paragraphs (10) and (11), a person to whom this regulation applies may elect to pay additional contributions in order to become entitled to count as reckonable service a period (“the period”) beginning on the day after the cessation of the pensionable employment and ending with the date on which he is released from service in a reserve force in pursuance of section 29 of the 1980 Act or any earlier date on which that service is terminated by the appropriate service authorities.
3
An additional contribution is payable for each financial year and is a percentage of the notional salary for so much of the period as falls within that year.
4
The notional salary is the salary that would have been payable if pensionable employment had not ceased and the person had continued to be employed in the same post and on the same terms; and the percentage is 6 per cent.
5
Subject to paragraphs (7) and (8), an election under this regulation must be made by giving written notice to the Secretary of State and must be given at any time between the cessation of pensionable employment and 6 months after the return to pensionable employment after the end of the period.
6
An election has effect only if any contribution under this regulation is paid by the person within three months of the date of a written notification by the Secretary of State that payment is due to him; and provided that the person pays all contributions and payments payable by him in respect of the period in accordance with an election or elections made by him under regulation C3 (taken with Schedule 4), regulation C9 (taken with Schedule 6) and regulation C14.
7
Where an election is made before the end of the period it must specify the day on which the period begins; and where an election is made after the end of the period it must specify the period.
8
Subject to paragraph (9), where the person dies during his service in a reserve force without having made an election under this regulation, he shall be deemed to have made such an election so that the period beginning on the day after the cessation of the pensionable employment and ending with the date of his death shall count as reckonable service.
9
Any contribution due under this regulation at the date of such death shall be deducted from any benefits payable under these Regulations.
10
Notwithstanding that a person to whom this regulation applies has not made an election under this regulation, he shall be entitled to count the period as reckonable service where during the period his service pay, when aggregated with any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 , is less than the remuneration he would have received if he had during the period continued in the pensionable employment in which he was employed immediately before being called into service in a reserve force.
11
For the purposes of paragraph (10), “service pay” means pay for performing service in a reserve force, and includes marriage, family and other similar allowances.
.
Return of repaid contributions
6
Regulation C14(2) of the principal Regulations is amended by inserting after the word “return” the words “must be made while the person is in pensionable employment or comparable British service and”.
Reckonable service generally
7
Regulation D1(1) of the principal Regulations is amended —
a
in paragraph (1)(d), by deleting at the end the word “and”;
b
in paragraph (1)(e), by inserting at the end the word “and”; and
c
by inserting after paragraph (1)(e) the following:
f
subject to the payment of requisite contributions under Part C, the period counting as reckonable service by virtue of regulation C8A (service in a reserve force).
.
Entitlement to payment of retirement benefits
8
Regulation E4 of the principal Regulations is amended —
a
in paragraph (2)(c), by inserting after the letter “C” the letter and figure “,C1”;
b
by inserting after paragraph (4) the following —
4A
In case C1 the person —
a
has attained the age of 60,
b
has ceased after 31st March 1972 and after attaining that age to be in pensionable employment, but would have ceased to be in such employment before attaining that age had not the employment continued beyond the attainment of that age due to a period of paid sick leave, and
c
has become incapacitated before attaining that age.
;
c
in paragraph (7) —
i
in sub-paragraph (c), by inserting after the words “pensionable employ-ment” the words “or in excluded employment”, and
ii
by deleting the word “pensionable” where it occurs for the second time;
d
in paragraph (10), by deleting the word “pensionable”; and
e
by inserting after paragraph (10) the following:
11
In no case shall a person be regarded as having ceased to be in pensionable employment until not less than one day has passed without the person being in pensionable employment.
.
Enhancement of retirement benefits in case of incapacity
9
Regulation E8 of the principal Regulations is amended by inserting after paragraph (7) the following:
8
For the purposes of this regulation a person is to be treated as having been in pensionable employment during any period for which he was paying additional contributions under regulation C8 or under regulation C8A.
.
Avoidance of duplicate pensions
10
Regulation E9(1) of the principal Regulations is amended by substituting for the words “raised by a rate” the words “by the rates and community charges levied by local authorities”.
Abatement of retirement pension during further employment
11
Regulation E14 of the principal Regulations is amended in paragraph (3) by inserting in the explanation of the symbol “C” after the word “pension” the following:
or, if applicable, the highest annual rate of contributable salary that was payable to him during the 3 years ending immediately before he ceased to be employed in any pensionable employment entered into by him after he became entitled to payment of the pension, whichever is the greater
.
Death grants
12
Regulation E19 of the principal Regulations is amended in paragraph (1)(b) by inserting after the words “regulation C8” the words “or under regulation C8A”.
Death grants and supplementary death grants
13
Regulations E19(7) and E20(6) of the principal Regulations are each amended by substituting for the words after “under this regulation” the words
it is to be paid —
a
if the deceased is survived by one widow or by a widower, to the widow or widower,
b
if there are two or more widows, to the widows in equal shares, or
c
if there is no widow or widower, to the personal representatives.
.
Family benefits generally
14
Regulation E21(6) of the principal Regulations is amended by substituting for the words “(but not including)” the words “and including the week which includes”.
Entitlement to short-term family benefits
15
Regulation E23 of the principal Regulations is amended —
a
in paragraph (1) by substituting for the words “paragraph (3)” the words “paragraphs (2A) and (3)”; and
b
by inserting after paragraph (2) the following:
2A
Where two or more teachers confer on the same child or, as the case may be, children entitlement to a short-term pension, regulation E25(10)(b) shall apply in a like manner to short-term pensions payable by virtue of this regulation.
.
Amount and duration of short-term family benefits
16
Regulation E24 of the principal Regulations is amended by substituting for paragraphs (3) to (5) the following:
3
Subject to paragraph (4), the duration of the short-term pension payable shall be ascertained from the table below.
TABLE
Category Person falling within regulation E23(1) Duration of pension (months)
1 Spouse or nominated beneficiary but with no child 3 2 Spouse or nominated beneficiary with one child or more 6 3 No spouse or nominated beneficiary but one child or more 6
4
On the death of a spouse or nominated beneficiary before the termination of the short-term pension payable under Category 2 of the table in paragraph (3), the balance of pension is payable to the child or children as the case may be.
.
Entitlement to long-term family benefits
17
Regulation E25 of the principal Regulations is amended —
a
in paragraph (6), by inserting after the words “paragraph (8),” the words “unless family benefit contributions have, or are to be treated as having, been paid under Part II of Schedule 6”; and
b
by substituting for paragraph (10) the following:
10
a
Sub-paragraph (b) applies where two or more teachers, by virtue of this regulation, confer on the same child or, as the case may be, children entitlement to a long-term pension.
b
The child or, as the case may be, children shall be entitled to receive payment of the long-term pension in respect of not more than two teachers; but where entitlement derives from the relevant service of three or more teachers, the child, or, as the case may be, children shall be entitled to receive payment of the long-term pension in respect of the two teachers which by virtue of their relevant service provide pensions of the largest amounts.
.
Amounts of spouses' and nominated beneficiaries' long-term pensions
18
Regulation E26(5A) of the principal Regulations is amended by inserting after the words “regulation E25(4)” the words
;but if a pension is also payable to another person as a nominated beneficiary then —
a
in relation to the widower the family benefit service comprises only the period mentioned in regulation E25(4)(c), but
b
if the deceased had a guaranteed minimum in relation to benefits under these Regulations the rate of the widower’s pension is increased by the rate described in regulation E1(4)
.
Average salary
19
Regulation E29 of the principal Regulations is amended —
a
in paragraph (2), by inserting at the end of sub-paragraph (d) the word “and” and by inserting after sub-paragraph (d) the following:
e
any period counting as reckonable service by virtue of regulation C8A (service in a reserve force).
; and
b
by substituting for paragraphs (9) and (10) the following:
9
Subject to paragraphs (11) and (12), in the case of a person to whom on the material date remuneration provisions did apply, an increase in his contributable salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if he had instead received, on the material date, the standard increase of salary.
10
Subject to paragraphs (11) and (13), in the case of a person to whom on the material date remuneration provisions did not apply, an increase in his contributable salary the main object, or one of the main objects, of which was to increase his average salary (and accordingly his retirement benefits) is to be treated as having increased his average salary by no more than the amount by which it would have been increased if he had instead received, on the material date, the standard increase of salary.
11
For the purposes of paragraphs (9), (10), (12) and (13) the material date is the date on which the increase of salary took effect and remuneration provisions are —
a
in relation to any time before 1st January 1987, those of the Remuneration of Teachers Act 1965 ,
b
in relation to any time after 31st December 1986 and before 1st April 1992, those of the Teachers' Pay and Conditions Act 1987 , and
c
in relation to any time after 31st March 1992, those of the School Teachers' Pay and Conditions Act 1991 .
12
For the purposes of paragraph (9), the standard increase of salary is the increase, if any, that would have been received on the material date by the person in question in accordance with the remuneration provisions had he not received the increase in salary referred to in that paragraph or, if he would have received no increase on that date in accordance with those provisions, the next increase that would have been received by him in accordance with those provisions.
13
For the purposes of paragraph (10), the standard increase of salary is the average percentage of the increases, if any, that would have been received on the material date by persons (“the comparable employees”) who were employed at the school where the person in question was employed and whose circumstances corresponded most closely to those of that person or, if there were no comparable employees, by persons who were employed as teachers at that school or, if the comparable employees or the persons so employed as teachers (as the case may be) would have received no increases on that date, the next increases they would have received.
.
Payments of benefits
20
Regulation E31(4)(b) of the principal Regulations is amended —
a
in paragraph (4)(b), by inserting after the words “on the” the words “day before the”;
b
in paragraph (6), by substituting for the words “the date” the words “the day following the one”;
c
in paragraph (7)(b), by substituting for the words “last due date” the words “day following the last due date”; and
d
in paragraph (8)(a), by deleting the words “the day before”.
Employers' contributions
21
Regulation G5 of the principal Regulations is amended —
a
in paragraph (4)(a), by inserting after the word “it” the words “other than of a person who is in the employment of an employment business”; and
b
by inserting after paragraph (4) the following:
5
In this Regulation “employment business” has the meaning assigned to it by section 13(3) of the Employment Agencies Act 1973 .
.
Glossary of expressions
22
Schedule 1 to the principal Regulations is amended —
a
by inserting in the item relating to the expression “Approved superannuation scheme” in paragraph (c) after the word “Regulations” the word “or” and thereafter by inserting the following:
d
is a relevant statutory scheme defined by section 611A of the Income and Corporation Taxes Act 1988
;
b
by substituting for the meaning attributed to the expression “Club scheme” the following:
An approved superannuation scheme which —
is a contracted-out scheme or is a scheme established and maintained in the Channel Islands which is not a contracted-out scheme,
is a final salary scheme,
is a scheme which is open to new participants (“open scheme”) or, if not a scheme so open (“closed scheme”), is a scheme whose trustees or managers also provide an open scheme which is a scheme for new employees of the same employer and of the same grade or level of post as participants of the closed scheme, and
is a scheme whose trustees or managers have undertaken to comply with the reciprocal arrangements for the payment and receipt of transfer values agreed from time to time between the trustees or managers of such a scheme.
;
c
by inserting after the entry relating to the expression “Equivalent pension benefits” the following:
“Excluded employment” The meaning given in regulation B7(1).
d
by inserting after the entry relating to the expression “Family benefit service” the following:
“Final salary scheme” A scheme which provides for the calculation of retirement benefits based on —
a person’s remuneration for any one of the five years preceding his retirement date, or
the annual average of a person’s aggregate remuneration for any period of three or more consecutive years ending not earlier than ten years before his retirement date.
; and;
e
by substituting for the meaning attributed to the expression “Further education” the following:
The meaning given in section 41(3) of the Education Act 1944.
.
Pensionable employment
23
Schedule 2 to the principal Regulations is amended —
a
in paragraph 4, by inserting after the word “college”, in each place where it occurs, the words “or, as the case may be, a city college for the technology of the arts”;
b
by inserting after paragraph 5 the following:
5A
Teacher in a university established on or after 6th May 1992 which, immediately before it became such, was an institution of higher education described in paragraph 5, whether or not that teacher was a teacher in that institution before it ceased to fall within that description and became a university.
;
c
in paragraph 24, by substituting for the words “the Catholic Education Council” the words “the Catholic Education Service”; and
d
by inserting after paragraph 25 the following:
26
Teacher employed in the British School in the Netherlands.
.
Additional contribution for past period
24
Schedule 4 to the principal Regulations is amended —
a
in paragraph 2(1), by substituting for the words after “following” the words “the expiry of a period of one month from the date of acceptance of the election by the Secretary of State”;
b
in paragraph 4(2)(b), by substituting for the words “next anniversary of the start of the contribution period” the words “first day of the month following the date of its acceptance by the Secretary of State”;
c
by inserting after paragraph 4 the following:
4A
1
At any time during the contribution period the person may by giving written notice to the Secretary of State elect to reduce the rate at which the additional contributions are payable.
2
An election under this paragraph is to specify whether the reduced rate is to be paid —
a
in respect of the balance of the contribution period, specified in the principal election, after the election under this paragraph has effect in accordance with sub-paragraph (3), or
b
for a particular period, specified in the election, extending beyond the contribution period during which additional contributions were to be paid in respect of the past period specified in the principal election.
3
An election under this paragraph —
a
has effect only if the Secretary of State notifies the person in writing that it has been accepted, and
b
on acceptance, has effect as from the first day of the month following the date of its acceptance by the Secretary of State.
4
Calculations relating to any change in the amount of reckonable service to which the person will become entitled, or to any change in the contribution period, resulting from an election under this paragraph shall be made on an actuarial basis.
;
d
in Table 3, by substituting, opposite the age of “41”, for the percentage figure “19.96” the percentage figure “19.86”;
e
in paragraph 9(2), by substituting for the words “became irrevocable” the words “was accepted”; and
f
in paragraph 14(5), by substituting for the words “became irrevocable” the words “was accepted”.
Uncompleted payment of additional contributions
25
Schedule 7 to the principal Regulations is amended by inserting after paragraph 1 the following:
1A
1
This paragraph applies where a person paying additional contributions for a past period in accordance with Part I or Part III of Schedule 4 revokes his election made under regulation C3 in accordance with paragraph (13) of that regulation.
2
Where this paragraph applies, the person is entitled to count as reckonable service —
A × C B
where —
A is the past period,
B is the contribution period, and
C is so much of B as had elapsed by the first day of the month following the date on which the revocation of that election has effect in accordance with regulation C3(13B).
.
Modification of earlier provisions
26
1
Regulation 53A of the 1976 Regulations shall be deemed to have had effect, during the period beginning on 6th April 1988 and ending with 31st October 1988, as if an amendment had been made to it corresponding to that made to regulation E4 of the principal Regulations by regulation 8 above.
2
Regulations 66 and 67 of the 1976 Regulations shall be deemed to have had effect, during the period beginning on 1st September 1988 and ending with 31st October 1988, as if amendments had been made to them corresponding to those made to regulations E25 and E26 of the principal Regulations by regulations 17 and 18 above.
Transitional: elections in respect of protected benefits
27
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a provision made by these Regulations (“the relevant provision”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable, under the principal Regulations, to or in respect of a person who was employed in pensionable employment but ceased to be so employed, or died, before 1st March 1993.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State within 3 months after [date in force], elect that the relevant provision shall not apply in relation to the protected benefit.
John Patten
Secretary of State for Education
22nd January 1993
We consent
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd January 1993


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order, which connect the main new trunk road with another highway 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 line of each of the new slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order:
i
“the deposited plan” means the plan numbered PSE/0/A34/13/65/2/5, marked “The Winchester–Preston Trunk Road (A34) (Newbury Bypass) Slip Roads (No.3) 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”means the trunk road to be constructed by the Secretary of State in pursuance of the Winchester–Preston Trunk Road (A34) (Newbury Bypass) Order 1991 ; and
iii
“the A343 link”means the new highway to be constructed by the Secretary of State in pursuance of the Winchester–Preston Trunk Road (A34) (Newbury Bypass) (Tot Hill–Enborne Road Section) Side Roads (No.3) Order 1993 which will connect with the A343 road at Great Pen Wood, as proposed to be improved by him pursuant to that Order.
4
This Order shall come into force on 14th September 1993 and may be cited as the Winchester–Preston Trunk Road (A34) (Newbury Bypass) Slip Roads (No.3) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
26th August 1993


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Billing Authorities (Alteration of Requisite Calculations and Transitional Reduction Scheme) (England) Regulations 1993 and shall come into force on 2nd March 1993.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations “the 1992 Act ” means the Local Government Finance Act 1992.
Calculation of budget requirement
3
1
The constituents of the calculation to be made under subsection (3) of section 32 of the 1992 Act are altered by amending paragraph (b) of that subsection as follows–
a
for the words “section 98(4)”, in the first place where they occur, there shall be substituted “subsection (4) of section 98”; and
b
for the words following “revenue account for the year” there shall be substituted
other than any amounts which it estimates will be so transferred–
i
pursuant to the directions under that subsection made on 12th October 1992, and
ii
in the case of the Common Council, pursuant to a later direction under that subsection in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act; and ‘
.
2
In consequence of the amendments made by paragraph (1) above, regulation 3(2) of the Billing Authorities (Alteration of Requisite Calculations) (England) Regulations 1992 is hereby revoked.
Calculation of basic amount of tax
4
The constituents of the calculation required by item P in subsection (3) of section 33 of the 1992 Act are altered by inserting in the definition of item X in that subsection after the words “for the year” the words “together, in the case of the Common Council, with the amount of any sum which the Common Council estimates will be transferred from its collection fund to its City fund pursuant to a direction under section 98(4) of that Act in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act and credited to a revenue account for the year;”.
Council tax transitional reduction scheme
5
Part II of Schedule 2 to the Council Tax (Transitional Reduction Scheme) (England) Regulations 1993 is amended, in paragraph 3, by inserting after the words “P is the authority’s Exchequer support” the words “together, in the case of the Common Council, with the amount of any sum which the Common Council estimates will be transferred from its collection fund to its City fund pursuant to a direction under section 98(4) of the 1988 Act in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act and credited to a revenue account for the 1993 financial year,”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
1st March 1993


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the CommuniCare 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 CommuniCare 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 CommuniCare 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 Accrington Victoria Community Hospital, Haywood Road, Accrington BB5 6AS and associated hospitals;
b
to manage community health services provided from Accrington Victoria Community Hospital, Haywood Road, Accrington BB5 6AS 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 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 Blackburn, Hyndburn and Ribble Valley 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 Blackburn, Hyndburn and Ribble Valley 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 Blackburn, Hyndburn and Ribble Valley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
22nd October 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Ynys Mo*n) Designation Order 1993 and shall come into force on 31st May 1993.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“boulder” means a rock projecting partly or wholly above the surface of the land to a height of at least 0.1 metres and covering a minimum area above ground of 0.5 square metres;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land, other than land which is coastal belt, enclosed unimproved grassland, enclosed partially improved grassland, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“coastal belt” means land on cliff tops or coastal slopes comprising heath, where the vegetation consists primarily of dwarf shrubs, including ericoids and maritime species, or grassland which includes maritime grass species;
“conservation headland” means a strip of arable land comprising an area between a line running parallel to a field boundary at a distance of 2 metres from that boundary and another line running parallel to that boundary at a distance of at least 6 metres from that boundary and upon which, by the selective use of pesticides, beneficial insects and broadleaved weeds are allowed to survive;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic or organic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix or Erica cinerea;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predomin-antly of bent (Agrostis) , fescue (Festuca) , bracken (Pteridium aquilinum) , purple moor grass (Molinia caerulea) , mat grass (Nardus stricta) , heather (Calluna vulgaris, Erica tetralix or Erica cinerea) , bilberry (Vaccinium myrtillus) , cotton grass (Eriophorum) or deer grass (Trichophorum cespitosum) ;
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog, willow carr and, except insofar as such land is bordered by coastal belt, enclosed unimproved grassland, enclosed partially improved grassland or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land;
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land comprising the District of Ynys Mo*n — Isle of Anglesey in the County of Gwynedd and which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of area comprising the District of Ynys Mo*n — Isle of Anglesey in the County of Gwynedd designated by the Environmentally Sensitive Areas (Ynys Mo*n) Designation Order 1993” dated 7th April 1993, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Secretary of State shall make payments under an agreement at the rate of £25 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares the Secretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates —
a
£17 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares;
b
£10 per annum for each hectare of land which exceeds 50 hectares.
3
Where an agreement includes land of the types to which paragraph 2 of Schedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates —
a
£20 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather or coastal belt which includes heather;
d
£45 per annum for each hectare of wetland;
e
£5 per annum for each hectare of coastal belt which does not include heather; and
f
18 per annum for each hectare of buffer zone.
4
Where an agreement includes the additional provisions specified in Schedule 2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) inclusive above, make payments at the following rates —
a
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2;
b
£60 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in sub-paragraph (1) of paragraph 2 of Schedule 2 but is not subject to the additional provisions specified in sub-paragraphs (2) to (4) inclusive of paragraph 2 of that Schedule;
c
£95 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2;
d
£65 per annum for each hectare of coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 3 of Schedule 2;
e
£20 per annum for each hectare of semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 2;
f
85 per annum for each hectare of enclosed coastal belt where heather forms at least 25 per cent but not more then 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in sub-paragraphs (3) and (4) of paragraph 3 of Schedule 2 and in paragraph 4 of that Schedule;
g
£90 per annum for each hectare of arable land which is suitable for the creation of conservation headlands and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 2;
h
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 2;
i
£80 per annum for each hectare of land which is suitable for reversion to coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 2; and
j
80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 8 of Schedule 2.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) inclusive, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare,
subject to a maximum of 3 metres of field boundary per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
6
Subject to paragraph (7) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
7
The payments under paragraph (6) above shall not exceed a maximum of £4,000 per agreement.
David Hunt
Secretary of State for Wales
29th April 1993
We consent,
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
4th May 1993


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Quince Rootstocks) Scheme 1993 and shall come into force on 1st December 1993.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964.
Plant varieties for which plant breeders' rights may be granted
2
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of quince rootstock belonging to the genus Cydonia .
Period for which rights are exercisable
3
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 30 years.
Class of plant varieties for the purpose of section 5(7) of the Act
4
In relation to Cydonia L. the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of quince rootstocks.
Periods specified for purposes of section 7(2) of the Act
5
In relation to any of the plant varieties referred to in paragraph 2 of this Scheme the period prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights) shall be 3 years.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th November 1993
John Redwood
Secretary of State for Wales
4th November 1993
Patrick Mayhew
Secretary of State for Northern Ireland
10th November 1993
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
5th November 1993


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1993 and shall come into force on 1st April 1993.
2
This Order shall extend to England and Wales only.
Repeals and revocations
2
Subject to article 4 —
a
the enactments mentioned in column (1) of Part I of Schedule 1 to this Order shall be repealed to the extent mentioned in column (2); and
b
the instruments mentioned in column (1) of Part II of that Schedule shall be revoked to the extent mentioned in column (2).
Consequential amendments
3
Subject to article 4, the enactments and instruments mentioned in Schedule 2 shall be amended as so mentioned.
Savings
4
Without prejudice to section 16(1) of the Interpretation Act 1978 and section 118(1) and (4) of the Local Government Finance Act 1992, nothing in this Order shall affect the operation on and after 1st April 1993 of the enactments and instruments mentioned in Schedules 1 and 2 for the purposes of, or for purposes connected with —
a
any community charge in respect of any day before 1st April 1993; or
b
any financial year beginning before that date,
or the power of the Secretary of State to repeal or revoke any such enactment or instrument.
Michael Howard
Secretary of State for the Environment
10th March 1993
David Hunt
Secretary of State for Wales
11th March 1993


text:
Citation and Commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1993 and shall come into force on 10th March 1993.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Derbyshire Home Loans Limited;
b
Derbyshire Mortgages Limited;
c
Norwich & Peterborough (AMC) Limited;
d
Portman Financial and Mortgage Services Limited;
e
Portman Land Services Limited;
f
Portman Loans Limited;
g
Portman Mortgage Services Limited.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
2nd February 1993
We consent,
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1993


text:
1
This Order may be cited as the Finance Act 1989, section 158(1) and (2), (Appointed Days) Order 1993.
2
In this Order “section 158” means section 158 of the Finance Act 1989.
3
The day appointed as the day on which —
a
paragraph (a) of subsection (1) of section 158 shall have effect —
i
in relation to income tax under Schedule E, where the demand for the tax is made on or after that day, and
ii
in any other case, where the tax is charged by an assessment notice of which is issued on or after that day, and
b
paragraph (b) of that subsection shall have effect where the tax is charged by an assessment relating to an accounting period beginning on or after that day,
is 19th April 1993.
4
The day appointed as the day on which subsection (2) of section 158 shall have effect in relation to repayments of tax made on or after that day is 6th April 1993.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
1
1
These Regulations may be cited as the Friendly Societies (Proxy Voting) Regulations 1993 and shall come into force on 1 November 1993.
2
In these Regulations:
“society” means a friendly society registered under the Friendly Societies Act 1974 or incorporated under the Friendly Societies Act 1992;
“resolution” means a resolution which, if passed as mentioned in paragraph 7(2) of Schedule 12 to the Friendly Societies Act 1992, would be a special resolution.
2
The procedure adopted by a society for proxy voting on a resolution must comply with the following requirements:
a
in every notice calling a meeting of a society at which a resolution is to be moved there must be a statement that:
i
a member entitled to attend and vote may appoint a proxy to attend and vote at the meeting instead of him; and
ii
the member may direct the proxy how to vote at the meeting;
b
the instrument appointing a proxy (who need not be a member of the society and shall not, in the case of a collecting society, be a collector or superintendent thereof) must be signed by the appointer or his agent authorised in writing;
c
the instrument appointing a proxy or any other document necessary to show the validity of, or otherwise relating to, the appointment of a proxy must be received at the registered office of the society, or at such other place within the United Kingdom as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting, or adjourned meeting, at which the person named in the instrument proposes to vote;
d
there must be no requirement that the instrument appointing a proxy, or any other document necessary to show the validity of, or otherwise relating to, the appointment of a proxy must be received more than seven days before a meeting or adjourned meeting in order that the appointment may be effective at the meeting or adjourned meeting, at which the person named in the instrument proposes to vote;
e
an instrument appoint a proxy must be in the form, or a form as similar thereto as circumstances admit, set out in the Schedule to these Regulations;
f
the society may add to any instrument appointing a proxy issued by it in the form required by paragraph (e) above any explanatory notes it may think fit to assist an appointer;
g
where the rules of a society permit a proxy to speak at a meeting the instrument appointing a proxy may confer authority on the proxy to speak at the meeting; and
h
a vote given in accordance with the terms of an instrument appointing a proxy is valid notwithstanding:
i
the previous death or insanity of the appointer or revocation of the proxy or of the authority under which the proxy was executed, provided that no intimation in writing of such death, insanity or revocation has been received by the society at its registered office before the commencement of the meeting or adjourned meeting at which the proxy votes; or
ii
that since the last day specified for the receipt of instruments appointing a proxy, the appointer has ceased to be entitled to attend and vote at the meeting.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on
Michael Cook
Secretary to the Commission
20 September 1993.


text:
1
This Order may be cited as the Non-Domestic Rating Act 1993 (Commencement No. 2) Order 1993.
2
The Non-Domestic Rating Act 1993, in so far as it is not already in force, shall come into force on 6th July 1993.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
16th June 1993


text:
Citation and commencement
1
This Order may be cited as the City of London (Non-Domestic Rating Multiplier) Order 1993 and shall come into force on 28th February 1993.
Prescribed percentage
2
The percentage prescribed for a chargeable financial year beginning in or after 1993 for the purposes of item B in paragraph 9(4) of Schedule 7 to the Local Government Finance Act 1988 is 99 per cent.
Michael Howard
Secretary of State for the Environment
3rd February 1993