text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements, School Records and School Curriculum) (Amendment) Regulations 1992 and shall come into force on 1st June 1992.
2
These Regulations extend to England only.
Amendment of the Education (Individual Pupils' Achievements) (Information) Regulations 1990
2
1
The Education (Individual Pupils' Achievements) (Information) Regulations 1990 shall be amended in accordance with the provisions of this regulation.
2
In paragraph (1) of regulation 2–
a
at the appropriate places in alphabetical order there shall be inserted the following definitions–
“attendance record” means the record of a pupil’s school attendance contained in the Attendance Register kept in accordance with section 80 of the Education Act 1944 and the Pupils' Registration Regulations 1956 ;
“class” has the meaning assigned to it by section 3(6) of the Act;
and
“ GCE A level” and “ GCE AS ” mean General Certificate of Education advanced level and advanced supplementary respectively
; and
b
for the definition of “key stage” there shall be substituted the following definition–
“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the first or the fourth key stage is a reference to the periods set out in section 3(3)(a) and (d) respectively of the Act;
.
3
at the end of regulation 2 there shall be inserted the following paragraph–
3
In these Regulations a reference to pupils in the relevant age group in relation to GCSE examinations and GCE “A” level and “AS” examinations is to pupils who were aged 15 and at least 17 respectively on 31st August immediately preceding the school year in which the examinations were taken.
.
4
In paragraph (1) of regulation 3 after the words “educational achievements” there shall be inserted the words “and the other information”.
5
For paragraphs (1) and (2) of regulation 4 there shall be substituted the following paragraphs–
1
The information required to be made available by regulation 3 is–
a
where the pupil is in the final year of a key stage in any foundation subject in relation to which attainment targets and programmes of study are specified, and his achievements in that subject have been assessed in accordance with the statutory arrangements, brief particulars of his achievements in that subject, including in particular–
i
the pupil’s level of attainment in the subject and in each profile component of the subject so assessed;
ii
a statement that the levels have been so assessed;
iii
the information specified in paragraph (1A) about the levels of attainment in the subject, in each profile component of the subject and in the tests and attainment targets referred to in sub-paragraph (b) of all other pupils in the final year of that key stage whose achievements have been so assessed; and
iv
where the pupil has been exempted from any attainment target, a statement to that effect referring to the target.
b
without prejudice to sub-paragraph (a), where the pupil is in the final year of the first key stage in English, the results of any tests of reading accuracy or spelling which form part of the statutory arrangements for that subject and key stage and, where the pupil is in the final year of the first key stage in mathematics, his level of attainment in attainment target 3 entitled “Number”;
c
where the pupil is in a year other than the final year of a key stage, brief particulars of his achievements in any foundation subject in relation to which year attainment targets and programmes of study are specified or which is required to be taught to him for a reasonable time by virtue of section 10(2)(a) and (3) of the Act;
d
where the pupil is in the final year of the fourth key stage–
i
the name of any subject in which the pupil has been awarded the General Certificate of Secondary Education and of any other qualifica tion awarded to him in reliance (in either case) on his assessment in accordance with the statutory arrangements and the grade he achieved in any such examination; and
ii
the percentage of pupils at the school in the relevant age group who achieved– (aa) grade A, B or C in GCSE examinations in one or more subjects; (bb) any grade from A to G in such examinations; (cc) grade A, B or C in such examinations in not less than five subjects; (dd) any grade from A to G in such examinations in not less than five subjects;
e
where the pupil has taken GCE “A” level or GCE “AS” examinations, the number of points scored by him and the average points score (calculated as provided in paragraph (2B)) of all pupils at the school in the relevant age group who took any such examinations, such scores to be determined in accordance with regulation 7 of the Education (Information on School Examination Results) (England) Regulations 1991 ; and
f
in the case of all pupils–
i
brief particulars of the pupil’s achievements in any subject or activity not referred to elsewhere in this paragraph which forms part of the school curriculum and of his skills and abilities and his general progress at school during the school year to which the information relates;
ii
(except a pupil who is not of compulsory school age) a summary of the pupil’s attendance record during that year showing the number of unauthorised absences (within the meaning of the Pupils' Registration Regulations 1956); and
iii
particulars of the arrangements under which the information required to be made available by this regulation may be discussed by the pupil’s parents with his teachers. (1A) The information referred to in sub-paragraph (a)(iii) of paragraph (1) is–
a
the numbers or percentages (or both) of pupils in the final year of the pupil’s key stage who achieved each level of attainment in the subjects English, mathematics, science and technology;
b
the corresponding numbers or percentages (or both) for the profile components in English entitled “Reading” and “Writing”;
c
the corresponding numbers or percentages (or both) for attainment target 3 in mathematics entitled “Number”; and
d
the numbers or percentages (or both) of pupils in the final year of the pupil’s key stage who have been exempted from each subject, profile component and attainment target respectively referred to in sub-paragraphs (a) to (c).
2
Where the brief particulars referred to in paragraph (1)(c) include references to the pupil’s levels of attainment they shall contain a statement that those levels have not been assessed in accordance with the statutory arrangements. (2A) In the case of a pupil over compulsory school age and who is not in any year of a key stage the brief particulars referred to in sub-paragraph (f)(i) of paragraph (1) shall include the results of any public examination taken by the pupil in the school year to which the information relates. (2B) The average number referred to in paragraph (1)(e) shall be calculated to the nearest whole number (halves being rounded upwards), and in calculating the number the results of pupils who were entered for any such examination but failed to attain any pass grade shall be included.
.
6
In paragraph (3) of regulation 4 there shall be substituted for the words “paragraph (1)(a)(iii)” the words “paragraphs (1) and (1A)”, and after the words “attainment target” (in both places) there shall be inserted the words “, profile component or subject”.
7
After regulation 6 there shall be inserted the following regulations–
Savings
7
1
The provisions of this regulation apply to the information referred to in sub-paragraph (f)(i) of paragraph (1) of regulation 4 (brief particulars of a pupil’s skills and abilities and general progress).
2
Nothing in regulations 3 and 4(1)(f)(i) shall require the making available of any information–
a
originating from or supplied by or on behalf of any person other than–
i
an employee of the local education authority which maintains the school;
ii
in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
iii
an education welfare officer (within the meaning of the Education ( No. 2) Act 1986) ; or
iv
the person requesting disclosure;
b
to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates; or
c
to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person;
d
to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or
e
so as to disclose to a pupil’s parent the levels of attainment in any subject of any other pupil.
3
In this regulation “child abuse” includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.
Translation of report
8
If it appears requisite to the head teacher of any school that any such information should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.
.
Amendment of the Education (School Records) Regulations 1989
3
The Education (School Records) Regulations 1989 shall be amended by substituting for paragraph (a) of regulation 9 the following paragraph–
a
originating from or supplied by or on behalf of any person other than–
i
an employee of the local education authority which maintains the school;
ii
in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
iii
an education welfare officer (within the meaning of the Education (No. 2) Act 1986); or
iv
the person requesting disclosure;
.
Revocation
4
The following provisions of the Education (School Curriculum and Related Information) Regulations 1989 are revoked, namely: paragraph (5) of regulation 8, paragraph (2) of regulation 9, paragraphs (1) and (4) of regulation 10, regulation 11 and Schedule 2.
John Patten
Secretary of State for Education and Science
29th April 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Valuation for Rating (Former Enterprise Zones) (Amendment) Regulations 1992 and shall come into force on 2nd April 1992.
Valuation for rating of former enterprise zones
2
Regulation 1 of the Valuation for Rating (Former Enterprise Zones) Regulations 1991 is amended by the insertion after paragraph (2) of the following paragraph —
3
To the extent that it would not otherwise fall to be so treated, a hereditament or part of a hereditament which is constructed as an upper storey or storeys to a building or part of a building and which is wholly located directly above land which has ceased to form part of an enterprise zone shall be treated —
a
for the purposes of paragraph (2)(c) and (d), as ceasing to form part of a zone; and
b
for the purposes of regulation 2, as having been situated within such a zone.
.
Michael Heseltine
Secretary of State for the Environment
10th March 1992
David Hunt
Secretary of State for Wales
11th March 1992


text:
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the principal Regulations ” means the Wireless Telegraphy (Licence Charges) Regulations 1991 .
3
In regulation 3 of the principal Regulations,
a
after the word “where” in paragraph (4) there shall be inserted the words “the frequency and”;
b
for the table in the said paragraph there shall be substituted the table set out in Schedule 1 to these Regulations; and
c
for the words “20th November 1990” in paragraph (6) there shall be substituted the words “17th January 1992”.
4
In regulation 4 of the principal Regulations after the semi-colon at the end of sub-paragraph (a) of paragraph (1) there shall be added the word “and”.
5
For the Schedule to the principal Regulations there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
John Redwood
Minister of State,
Department of Trade and Industry
13th February 1992
We consent to these Regulations,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 1992


text:
1
This Order may be cited as the Income Tax (Cash Equivalents of Car Fuel Benefits) Order 1992 and shall come into force on 6th April 1992.
2
In section 158(2) of the Income and Corporation Taxes Act 1988 (Tables of flat rate cash equivalents) for Tables A and B there shall be substituted the following Tables: —
TABLE A
Cylinder capacity of car in cubic centimetres Cash equivalent
1,400 or less £500 More than 1,400 but not more than 2,000 £630 More than 2,000 £940
TABLE B
Original market value of car Cash equivalent
Less than £6,000 £500 £6,000 or more but less than £8,500 £630 £8,500 or more £940
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
1
These Regulations may be cited as the Northern Ireland (Prescribed Area) (Amendment) Regulations 1992 and shall come into force on 31st August 1992.
2
In Regulation 2 of the Northern Ireland (Prescribed Area) Regulations 1987 for the words “twenty miles ” there shall be substituted the words “32.18 kilometres”.
Alexander W. Russell
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
21st July 1992


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) Order 1992.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 4) Order 1991 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to theConvention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
The Argentine Republic — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The Kingdom of Denmark — 1st July 1991 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st December 1990 The Hungarian People’s Republic — 1st September 1986 Ireland — 1st October 1991 Israel — 1st December 1991 The Grand Duchy of Luxembourg — 1st January 1987 Mexico — 1st September 1991 The Kingdom of the Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988 The Socialist Federal Republicof Yugoslavia — 1st December 1991
G.I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Erewash Borough Council) Order 1992 and shall come into force on 16th July 1992.
2
The management of sports and leisure facilities by Erewash Borough Council shall not be treated as a defined activity so long as it is carried out at the West Park Leisure Centre, Long Eaton, before 1st June 1993.
Michael Howard
Secretary of State for the Environment
17th June 1992


text:
Citation and commencement
1
This Order may be cited as the London Residuary Body (Number of Members) Order 1992 and shall come into force on 1st January 1993.
Number of members of the London Residuary Body
2
From 5th January 1993, in relation to the London Residuary Body, section 57(3) of the Local Government Act 1985 has effect with the alteration of the numbers five and ten to three and six.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
22nd December 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st July 1992.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provisions of these Regulations.
3
In paragraph (1) of regulation 3 (Interpretation) —
a
after the definition of “1985 Act” and before the definition of “category” there shall be inserted the following —
“appropriate driving test” and “extended driving test” have the same meaning as in section 36 of the Road Traffic Offenders Act 1988 ;
; and
b
after the words “conducted under section 85 of the 1972 Act” in the definition of “test” there shall be inserted “and includes an extended driving test.”.
4
In regulation 14 (Persons by whom tests may be conducted) there shall be added, after paragraph (1), the following paragraph —
2
Where a person is disqualified until he passes the appropriate driving test, that test shall be conducted either by —
a
an examiner appointed by the licensing authority; or
b
the Secretary of State for Defence if the person who has been disqualified is in the service of the Crown under the Ministry of Defence and agrees to be tested by the Secretary of State for Defence.
.
5
In regulation 15(1), after the words “Any person may apply to the licensing authority to be appointed to conduct tests of persons” and before the words “, employed or proposed to be employed by him as drivers,”, there shall be inserted “(other than persons who have been disqualified until they pass the appropriate driving test)”.
6
In regulation 17, after the words “Any person appointed by sub-paragraph (b), (c), (d), (e) or (f) of paragraph (1)” and before the words “of regulation 14”, there shall be inserted “or (b) of paragraph (2)”.
7
In regulation 18 (Appointments for tests and notice of cancellation thereof) —
a
in paragraph (1), after the words “paragraph (1)(a)” and before the words “of regulation 14”, there shall be inserted “or (2)(a) (as the case may be)”; and
b
in paragraph (2) for the words “specified in paragraph (3) of regulation 19” there shall be substituted “prescribed”.
8
In regulation 19 (Fees in respect of tests) —
a
in paragraph (1), after the word “test” wherever it occurs, there shall be inserted “other than an extended driving test”; and
b
in paragraph (2), sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph shall be deleted.
9
After regulation 19 and before regulation 20 (Nature of tests) there shall be inserted the following regulation —
19A
1
The following provisions of this regulation shall apply in the case of a person who submits himself for an extended driving test or applies for an appointment for such a test.
2
No fee shall be payable in respect of a test to be conducted by the Secretary of State for Defence.
3
The fee payable in respect of a test to be conducted on a day other than a Saturday by an examiner appointed under paragraph (2)(a) of regulation 14 is —
a
in the case of a test to drive a motor vehicle in category A or category P, £57; and
b
in the case of any other test, £47,
save that no fee is payable in respect of a test to be taken in an invalid carriage.
4
The fee payable in respect of a test to be conducted on a Saturday by an examiner appointed under paragraph (2)(a) of regulation 14 is —
a
in the case of a test to drive a motor vehicle in category A or category P, £90; and
b
in the case of any other test, £75,
save that no fee is payable in respect of a test to be taken in an invalid carriage.
10
1
In paragraph (1) of regulation 20 —
a
for the words “the following provisions of this regulation,” there shall be substituted “paragraph (5), except where a person is disqualified until he passes an extended driving test”;
b
after the words “shall be a test carried out on a vehicle” and before the words “of that class which satisfies the person conducting the test”, there shall be inserted “(other than a vehicle of a class included in category B plus E, C1 plus E or D1 plus E)”; and
c
the proviso shall be deleted.
2
Paragraph (6) of regulation 20 shall be deleted.
3
After paragraph (1) of regulation 20 there shall be added the following paragraphs —
2
Subject to paragraphs (3) to (5), the extended driving test which a person disqualified under section 36 of the Road Traffic Offenders Act 1988 following conviction of an offence involving obligatory disqualification or following disqualification under section 35 of that Act is required to pass before a licence can be granted to him authorising him to drive a motor vehicle of a class included in any particular category shall be a test —
a
carried out on a vehicle (other than a vehicle of a class included in category B plus E, C1 plus E or D1 plus E) of that class which satisfies the person conducting the test as to the matters set out in sub-paragraphs (a) — (c) of paragraph (1); and
b
during which the person being tested is required to drive for a minimum of 60 minutes.
3
Where a person who is disqualified until he passes the appropriate driving test passes such a test on a vehicle of a class included in any particular category the disqualification shall be deemed to have expired in relation to —
a
all classes of vehicle included in that particular category unless —
i
the test is passed on a vehicle with automatic transmission and that particular category is B, C1 or D1, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that particular category with automatic transmission, or
ii
the test is passed on an invalid carriage, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that particular category as are invalid carriages, or
iii
the test is passed on a vehicle which is adapted to meet the particular needs of the person tested, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in that particular category as are so adapted; and
b
all classes of vehicle included in any other category which is referred to in the fourth column of Schedule 3 as being an additional category in relation to that particular category unless —
i
the test is passed on a vehicle with automatic transmission and the additional category is B, C1, D1, B plus E, C1 plus E or D1 plus E, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in the additional category with automatic transmission, or
ii
the test is passed on an invalid carriage, or
iii
the test is passed on a vehicle which is adapted to meet the particular needs of the person tested, in which case the disqualification shall be deemed to have expired only in relation to such classes of vehicle included in the additional category as are so adapted.
4
Where a person who is disqualified until he passes the appropriate driving test passes such a test on a vehicle of a class included in category B, C1 or D1 the disqualification shall be deemed to have expired in relation to all classes of vehicle included in category C, C plus E, D, and D plus E.
5
Where a person passes a test on a vehicle of a class included in any particular category he shall be deemed for the purposes of the Road Traffic Act 1988 and of these Regulations competent to drive —
a
all classes of vehicle included in that particular category unless —
i
the test is passed on a vehicle with automatic transmission and that particular category is B, C1 or D1, in which case he shall be deemed for those purposes competent to drive only such classes of vehicle included in that particular category with automatic transmission, or
ii
the test is passed on an invalid carriage, in which case he shall be deemed for those purposes competent to drive only such classes of vehicle included in that particular category as are invalid carriages, or
iii
the test is passed on a vehicle which is adapted to meet the particular needs of the person tested, in which case he shall be deemed for those purposes competent to drive only such classes of vehicle included in that particular category as are so adapted; and
b
all classes of vehicle included in any other category which is referred to in the fourth column of Schedule 3 as being an additional category in relation to that particular category unless —
i
the test is passed on a vehicle with automatic transmission and the additional category is B, C1, D1, B plus E, C1 plus E or D1 plus E, in which case he shall be deemed for those purposes competent to drive only such classes of vehicle included in the additional category with automatic transmission, or
ii
the test is passed on an invalid carriage, or
iii
the test is passed on a vehicle which is adapted to meet the particular needs of the person tested, in which case he shall be deemed for those purposes competent to drive only such classes of vehicle included in the additional category as are so adapted.
11
In paragraph (1)(a) of regulation 21 (Production of vehicle for test etc ), after the words “provide for the purposes of the test a motor vehicle” and before the word “,which”, there shall be inserted “(not being a motor vehicle of a class included in category B plus E, C1 plus E or D1 plus E)”.
12
In regulation 23E —
a
in paragraph (1) after the words “during the validity of that licence” there shall be inserted “and if that licence has been exchanged for a full licence entitling him to drive a vehicle of a class included in category B and he has not, after that exchange, been disqualified until he passes the appropriate driving test, section 98(3)(c) of the Road Traffic Act 1988 shall not apply to him”;
b
in paragraph (3), after the words “1st December 1990” and before the words “or to a provisional entitlement holder who has passed Part I of the test for motor bicycles”, there shall be inserted “unless he has been disqualified until he passes the appropriate driving test”;
c
after paragraph (4) there shall be added the following paragraph —
5
A person who is disqualified until he passes the appropriate driving test shall be exempt from the restriction imposed by section 97(3)(e) and the requirement imposed by section 89(2A) of the Road Traffic Act 1988 if, before the date on which he is disqualified, he has passed a test to drive a vehicle of a class included in category A or on a vehicle of a class included in category P.
.
13
For Schedule 6 there shall be substituted Schedule 1 to these Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under-Secretary of State,
Department of Transport
Date May 28th 1992
We approve the making of these Regulations
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
Date June 3rd 1992


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) (No. 3) Order 1992 and shall come into force on 1st October 1992.
Abolition of Authorities
2
The following District Health Authorities are hereby abolished: —
a
Bromsgrove and Redditch Health Authority;
b
Kidderminster and District Health Authority.
Establishment and name of new Authority
3
North Worcestershire Health Authority is established a District Health Authority for North Worcestershire District .
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the National Health Service (District Health Authorities) Order 1990 shall be amended by the omission from Part 12 of Schedule 1 of the entries in columns (1) and (2) relating to Bromsgrove and Redditch District and Kidderminster District and the insertion immediately before the entries in that Part relating to Sandwell District of the following entries in columns (1) and (2) respectively: —
North Worcestershire North Worcestershire Health Authority
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
8th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne and County Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Eastbourne and County 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 Eastbourne and County Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Bowhill, The Drive, Hellingly, Hailsham, East Sussex BN27 4EP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Eastbourne 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 Eastbourne 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 Eastbourne Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
This Order may be cited as the Professions Supplementary to Medicine (Registration Rules) (Amendment) Order of Council 1992.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lindsey National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Lindsey 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 West Lindsey 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 John Coupland Hospital, Ropery Road, Gainsborough, Lincolnshire DN21 2TO;
b
to manage community health services provided from Unit Headquarters, National Westminster Bank Chambers, 2a Market Street, Gainsborough, Lincolnshire, DN21 2BA and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Lincolnshire 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 North Lincolnshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the North Lincolnshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order:
a
“the deposited plan” means the plan folio numbered HA 10/1 CNW 321 marked “the A59 Preston New Road (Samlesbury) Order 1992” containing 1 key plan and 1 scheme plan bound together, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
b
“the new trunk road” means the highway mentioned in article 1 of this Order.
4
This Order shall come into force on 3rd December 1992 and may be cited as the A59 Preston New Road (Samlesbury) Order 1992.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Grade 3, Under Secretary,
Department of Transport
16th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Essex Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 2nd December 1992.
2
In this Order:
“the Authority” means Mid Essex Health Authority;
“the Trust” means the Essex Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 24th August 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust Property
2
On 2nd December the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th November 1992


text:
Citation and revocation
1
These Regulations may be cited as the Hydrocarbon Oil (Amendment) Regulations 1992, and shall come into force on 1st of January 1993.
2
Paragraph (ii) of sub-paragraph (e) of regulation 3 of the Hydrocarbon Oil (Amendment) Regulations 1981 is hereby revoked.
Increase of the minimum amount for a claim by an approved repayment user
3
In paragraph (d) of regulation 40 of the Hydrocarbon Oil Regulations 1973 there shall be substituted for “£50” the amount “£250”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
10th December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Leasing Arrangements) Regulations 1992 and shall come into force on 3rd August 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“lease” means any kind of agreement or arrangement under which payments are, or are to be, made for the supply of an article for use at work or an article of fairground equipment except a conditional sale agreement, a credit-sale agreement, a hire-purchase agreement or a contract of sale.
Modification of section 6 of the 1974 Act in the case of a first lease
3
Where a person ( “the ostensible supplier”) supplies an article for use at work or an article of fairground equipment to another ( “the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that article, and
b
carries on the business of financing by means of leases the use of goods by others, and
c
in the course of that business acquired his interest in the article for the purpose of financing its provision to the customer by a third person ( “the effective supplier”), and
d
he or his agent either —
i
has not had physical possession of the article, or
ii
has had physical possession of the article only for the purpose of passing it to the customer, and
e
he or his agent has not modified, overhauled, repaired or restored the article,
then section 6 of the 1974 Act shall be modified in relation to that class of case so that the effective supplier and not the ostensible supplier shall be treated for the purposes of that section as supplying the article to the customer; and accordingly the duties imposed by subsections (1) and (1A) of that section in respect of the supply of the article shall fall on the effective supplier and not on the ostensible supplier.
Modification of section 6 of the 1974 Act where a further lease is granted in continuation of a lease to which regulation 3 applies
4
Where —
a
regulation 3 of these Regulations has applied in respect of a lease, and
b
the ostensible supplier grants a further lease of the article to the same customer, and
c
the article has remained in the physical possession of the customer since he took possession of it under the first lease, and
d
the article has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier,
then section 6(1) and (1A) of the 1974 Act shall be modified in relation to that class of case so that no duty is imposed on the ostensible supplier in relation to the supply by way of that further lease.
Revocation
5
The Health and Safety (Leasing Arrangements) Regulations 1980 are hereby revoked.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
24th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1992 and shall come into force on 29th April 1992.
Amendment of the Seed Potatoes Regulations 1991
2
1
The Seed Potatoes Regulations 1991( ) shall be amended in accordance with the following provisions of this regulation.
2
In regulation 13(g) (withholding or withdrawal of official label or official document) after the word “Regulations ” there shall be added the words “in respect of any of the seed potatoes.”.
3
In paragraph 2 of Schedule 3 (classification of basic seed potatoes), in column 3 (tolerances) —
a
opposite the entry relating to Class Super Elite 1 ( SE1 ), in paragraph (ii), the words “(including tobacco veinal necrosis virus infection) ” shall be deleted;
b
opposite the entry relating to class Elite 1 ( E1 ), in paragraph (ii), the words “(including tobacco veinal necrosis virus infection)” shall be deleted;
c
opposite the entry relating to class AA, for paragraph (ii), there shall be substituted the following: —
ii
leafroll and severe mosaic — 0.25%
.
In witness whereof the Official Seal of the Minister of Agriculture, fisheries and Food is hereunto affixed on 16th April 1992.
Elizabeth A. J. Attridge
Under Secretary, Ministry of Agriculture, Fisheries and Food
I. M. Whitelaw
Assistant Secretary, Scottish Office Agriculture and Fisheries
Department
24th April 1992
D. R. Thomas
Assistant Secretary, Welsh Office
22nd April 1992


text:
1
These Regulations may be cited as the Collection Fund (England) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
Regulation 8 of the Collection Fund (England) Regulations 1989 shall be amended —
a
in paragraph (1), by the substitution of the words “any of the reference banks” for the words “members of the Committee of London and Scottish Bankers”;
b
by the insertion after paragraph (2) of the following:
3
For the purposes of paragraph (1) —
a
the reference banks are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom, which quote a base rate in sterling;
b
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
4
In paragraph (3)(b), the reference to the consolidated gross assets of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) .
.
Michael Heseltine
Secretary of State for the Environment
10th March 1992


text:
Title, extent, commencement and interpretation
1
1
These Regulations may be cited as the Suckler Cow Premium (Amendment) Regulations 1992, shall apply in Great Britain and shall come into force on 18th February 1992.
2
In these Regulations “the principal Regulations ” means the Suckler Cow Premium Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 and 4 of these Regulations.
3
In regulation 5(1)(b) of the principal Regulations for the word “at” there shall be substituted the word “on”.
4
In paragraph 1 of the Schedule to the principal Regulations —
a
in the definition of “the higher rate” for the amount “£51·69” there shall be substituted the amount “£59·64”;
b
in the definition of “the lower rate” for the amount “£47·43” there shall be substituted the amount “£55·38”.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
14th February 1992
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
17th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Hospital and Community Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Surrey Hospital and Community 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 East Surrey Hospital and Community Healthcare 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 East Surrey Hospital, Three — Arch Road, Redhill, Surrey RH1 5RH and associated hospitals;
b
to manage community health services provided from East Surrey Hospital, Three — Arch Road, Redhill, Surrey RH1 5RH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Surrey 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 East Surrey 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 East Surrey 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.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Humberside Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Humberside Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Humberside Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Springfield House, Springfield Way, Anlaby, Nr Hull, North Humberside HU10 6RZ and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Hull 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 Hull 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 Hull Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Republic of Hungary) Order 1992. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Charges) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations “the appropriate Minister” means, as regards England, the Minister of Agriculture, Fisheries and Food and as regards Scotland and Wales, the Secretary of State.
Payment of charges
2
1
Any person importing from a country other than a member State any products of animal origin to which Council Directive 90/675/ EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries relates, shall pay to the Minister of Agriculture, Fisheries and Food or the local authority carrying out the checks under that directive as appropriate such charges for the checks as that body shall calculate in accordance with Regulation 4 below.
2
For the purposes of these Regulations payment may be by means of bank guarantee or bank deposit.
Release of products
3
Products for which charges are due under these Regulations shall not be released by the person carrying out the checks until such charges are paid.
Calculation of charges
4
The level of charges shall be such as to allow the authority carrying out the checks to recover its costs, shall be reasonable and shall be based on the factors in the Schedule to these Regulations.
Information relating to charging
5
1
The Minister of Agriculture, Fisheries and Food or the local authority carrying out the checks shall, if requested in writing, supply to any person importing or intending to import products which will incur charges under these Regulations, or any organisation representing such persons, details of the calculations used in deciding the amount of the charges, and shall take into account any representations made to them by such person or organisation in determining the level of charges.
2
If requested in writing to do so by the appropriate Minister, a local authority shall provide him with such information as he may require relating to the calculation of charges, and with copies of any written representations made by importers or their organisations.
Appeals
6
1
An importer who pays charges to a local authority under these Regulations or an organisation representing importers and who considers the charges to be unreason-ably high may, within 28 days of the charge being levied, appeal to the appropriate Minister against the amount of the charge.
2
Where an appeal is brought under the preceding paragraph the appropriate Minister shall consult the local authority and if, after such consultation, he is satisfied that the amount charged is unreasonably high, he shall require the local authority to recalculate the amount of the charge in accordance with such directions as he shall give.
3
Pending the recalculation of the charge by the local authority, the original charge shall continue, but after recalculation the new charge shall have effect from the date on which the original charge was made and the local authority shall re-imburse the importer accordingly.
Returns
7
A local authority making charges under these Regulations shall provide the appropriate Minister with accounts at the end of each financial year showing the costs of the services and the payments received.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture Fisheries and Food
23rd December 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd December 1992


text:
1
This Order may be cited as the Water Byelaws (Milngavie Waterworks, Loch Katrine, Loch Arklet, Glen Finglas) Extension Order 1992 and shall come into force on 25th November 1992.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Milngavie Waterworks) Byelaws 1982 and the Strathclyde Regional Council, Prevention of Water Pollution (Loch Katrine, Loch Arklet, Glen Finglas) Byelaws 1985 are to remain in force is hereby extended to 25th May 1993.
T.D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
23rd November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wigan and Leigh Health Services National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wigan and Leigh Health Services 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 Wigan and Leigh Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Royal Albert Edward Infirmary, Wigan Lane, Wigan WN1 2NN and associated hospitals;
b
to manage community health services provided from Royal Albert Edward Infirmary, Wigan Lane, Wigan WN1 2NN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Wigan 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 Wigan 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 Wigan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992