text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1993 and shall come into force on 5th April 1993.
Application of Regulations
2
The amendments made by regulation 3 of these Regulations have effect in relation to applications for grant made on or after 5th April 1993.
Amendment of Regulations
3
The Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990 are amended in accordance with the following provisions of these Regulations.
Definitions
4
1
In paragraph (1) of regulation 2–
a
the definitions of “the 1975 Act” and of “the 1986 Act” are omitted;
b
after the definition of “the Act” there is inserted–
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992;
;
c
for the definition of “attendance allowance” there is substituted–
“attendance allowance” means–
an attendance allowance under Part III of the 1992 Act;
an increase of disablement pension under section 104 of that Act;
a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Schedule 8 to that Act (constant attendance allowance);
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Schedule 8 to that Act;
a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
any payment based on need for attendance which is paid as part of a war disablement pension;
d
the definition of “the benefits Acts” is omitted;
e
for the definition of “child benefit” there is substituted–
“child benefit” means child benefit under Part IX of the 1992 Act;
;
f
for the definition of “community charge benefits” there is substituted–
“community charge benefits” means community charge benefits under Part VII of the 1992 Act;
;
g
for the definition of “concessionary payment” there is substituted–
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the 1992 Act are charged;
;
h
after the definition of “concessionary payment” there is inserted–
“council tax benefit” means council tax benefit under Part VII of the 1992 Act;
;
i
for the definitions of “disability living allowance” and “disability working allowance” there are substituted the following respectively–
“disability living allowance” means a disability living allowance under Part III of the 1992 Act;
“disability working allowance” means a disability working allowance under section 123 of that Act;
;
j
for the definition of “employed earner” there is substituted–
“employed earner” shall be construed in accordance with section 2(1)(a) of the 1992 Act;
;
k
after the definition of “family” there is inserted–
“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992, or, in Scotland, on 10th April 1992;
;
l
for the definitions of “housing benefit”, “income-related benefit” and “income support” there are substituted the following respectively–
“housing benefit” means housing benefit under Part VII of the 1992 Act;
“income-related benefit” means any benefit to which section 123 of that Act refers;
“income support” means income support under Part VII of that Act;
;
m
after the definition of “lone parent” there is inserted–
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
;
n
after the definition of “the Macfarlane (Special Payments) Trust” there is inserted–
“the Macfarlane (Special Payments) ( No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the Macfarlane Trusts” means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarlane (Special Payments) (No. 2) Trust;
;
o
for the definition of “married couple” there is substituted–
“married couple” has the meaning assigned by section 137(1) of the 1992 Act;
;
p
the definition of “mobility allowance” is omitted;
q
after the definition of “polygamous marriage” there is inserted–
“qualifying person” means a person in respect of whom payment has been made from the Fund;
;
r
for the definition of “rates” there is substituted–
“rates”–
in relation to England and Wales, means any amount payable under any of sections 43, 45 or 54 of the Local Government Finance Act 1988 (non-domestic rates) and includes any sum payable on account of any such amount; and
in relation to Scotland, means any amount payable under section 3 of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (non- domestic rates) and includes any sum payable on account of any such amount;
;
s
for the definition of “self-employed earner” there is substituted–
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the 1992 Act;
;
t
for the definition of “social fund payment” there is substituted–
“social fund payment” means a payment pursuant to Part VIII of the 1992 Act;
;
u
after the definition of “student” there is inserted–
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefit Act 1976;
;
v
for the definitions of “war disablement pension” and “war widow’s pension” there is substituted–
“war disablement pension” and “war widow’s pension” have the meanings respectively assigned by section 150(2) of the 1992 Act;
; and
w
for the definition of “water charges” there is substituted–
“water charges” means–
as respects England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991;
as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987, or any water charges under Part I of Schedule 11 to the Local Government Finance Act 1992, in so far as such charges are in respect of the dwelling which a person occupies as his only or main residence;
;
x
in the definition of “young person”, for the words “section 2 of the Child Benefit Act 1975 ” there are substituted the words “section 142 of the 1992 Act”.
2
After paragraph (1) of Regulation 2 there is inserted–
1A
For the purposes of these Regulations, two persons shall be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them.
.
Remunerative work
5
In paragraph (1) of regulation 5, for “24 hours” there is substituted “16 hours”.
Circumstances in which a person is to be treated as being or not being a member of the household
6
In regulation 7–
a
for sub-paragraphs (a) and (b) of paragraph (2) there are substituted the following sub-paragraphs respectively–
a
placed with the relevant person or his partner by a local authority under section 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
b
placed with the relevant person or his partner prior to adoption; or
;
b
for sub-paragraphs (a) and (b) of paragraph (3) there are substituted the following sub-paragraphs respectively–
a
is being looked after by a local authority under a relevant enactment; or
b
has been placed with a person other than the relevant person prior to adoption; or
;
c
in paragraph (5)–
i
the words “the Children Act 1958(h),” and “and the Foster Children Act 1980(r).” are omitted; and
ii
the words “, the Family Law Act 1986 and the Children Act 1989.” are added at the end.
The applicable amount
7
For regulation 8 there is substituted–
The applicable amount
8
1
The applicable amount in respect of any one application shall be the aggregate of–
a
the total of the weekly applicable amounts of all those persons who are relevant persons in the case of that application, and
b
£40.
2
For the purposes of paragraph (1), the weekly applicable amount–
a
as regards a relevant person who is in receipt of income support, is £1;
b
as regards any other relevant person, is the amount determined in his case in accordance with regulation 12.
.
Reduction in amount of grant
8
For regulation 10 there is substituted–
10
1
The amount of any grant which may be paid in respect of an application which is accompanied by an owner-occupation certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined–
a
by multiplying by 17.1 such part of that excess as is £47.95 or less;
b
by multiplying by 34.2 such part of that excess as is greater than £47.95 but not more than £95.89;
c
by multiplying by 136.8 such part of that excess as is greater than £95.89 but not more than £191.78; and
d
by multiplying by 341 such part of that excess as is greater than £191.78.
2
The amount of any grant which may be paid in respect of an application which is accompanied by a tenant’s certificate shall, if the financial resources of the applicant or applicants exceed the applicable amount, be reduced from what it would otherwise have been by an amount equal to the aggregate of the amounts determined–
a
by multiplying by 10.28 such part of that excess as is £47.95 or less;
b
by multiplying by 20.56 such part of that excess as is greater than £47.95 but not more than £95.89;
c
by multiplying by 82.22 such part of that excess as is greater than £95.89 but not more than £191.78; and
d
by multiplying by 205.55 such part of that excess as is greater than £191.78.
.
Earnings of employed earners
9
For sub-paragraphs (h) and (i) of paragraph (1) of regulation 21 there are substituted the following sub-paragraphs respectively–
h
any such sum as is referred to in section 112(3) of the 1992 Act (certain sums to be earnings for social security purposes);
i
any statutory sick pay under Part XI of the 1992 Act or statutory maternity pay under Part XII of that Act.
.
Determination of net earnings of employed earners
10
In sub-paragraph (a) of paragraph (3) of regulation 22 for the words “under the 1975 Act(d)” there are substituted the words “under Part I of the 1992 Act”.
Earnings of self-employed earners
11
In regulation 23 , for the words from “shall” to the end there is substituted–
a
shall include any allowance paid under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 to the relevant person for the purpose of assisting him in carrying on his business, but
b
shall not include any payment to which paragraph 24 of Schedule 3 refers (payments in respect of a person accommodated with the relevant person under arrangements made by a local authority or voluntary organisation).
.
Determination of net profit of self-employed earners
12
In regulation 24, the words “under the 1992 Act” are substituted for the words “under the 1975 Act” in–
a
sub-paragraph (b) of paragraph (1),
b
sub-paragraph (b) of paragraph (3), and
c
sub-paragraph (a) of paragraph (9).
Deduction of tax and contributions for self-employed earners
13
In regulation 25–
a
in paragraph (1)–
i
for the words “the basic rate of tax” there are substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”; and
ii
after the words “less than a year,” there are inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”; and
b
for sub-paragraph (a) of paragraph (2) there is substituted–
a
the amount of Class 2 contributions payable under subsection (1) or, as the case may be, subsection (3) of section 11 of the 1992 Act except where the relevant person’s chargeable income is less than the amount for the time being specified in subsection (4) of that section (small earnings exception); and
; and
c
in sub-paragraph (b) of paragraph (2) for the words “section 9” there are substituted the words “section 15”.
Determination of income other than earnings
14
In paragraph (3) of regulation 26, for the words “the benefit Acts” there are substituted the words “the 1992 Act”.
Notional income
15
In regulation 28
a
in paragraph (3)–
i
for the words “the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Independent Living Fund” there are substituted the words “any of the Macfarlane Trusts, the Independent Living Fund or the Fund”; and
ii
in sub-paragraph (a), for the words from “household fuel” to the end there are substituted the words “household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable.”;
b
in paragraph (4)–
i
sub-paragraph (c) and the word “and” which precedes it are omitted; and
ii
after the words “that employment” there are inserted the words “unless the relevant person satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service”;
c
in paragraph (7)(a)
i
for the words “the basic rate of tax” there are substituted the words “the lower rate or, as the case may be, the lower and the basic rate of tax”; and
ii
after the words “less than a year,” there are inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”;
d
in paragraph (7)(b) for the words “the 1975 Act” there are substituted the words “the 1992 Act”;
e
in paragraph (8)–
i
for the words “In paragraph (3) the expression” there are substituted the words
In paragraph (3)–
the expression
; and
ii
after the words “sporting activities” at the end there are inserted the words
; and
“rent” means eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependants which fall to be made under regula tion 63 of those Regulations.
.
Modifications in respect of children and young persons
16
In regulation 29–
a
in paragraph (1), after the words “income of a child or young person” there are inserted the words “, except income consisting of any payment of maintenance whether under a court order or not,”; and
b
in paragraph (2), after the words “any income of that child or young person” there are inserted the words “, except income consisting of any payment of maintenance whether under a court order or not,”.
Income treated as capital
17
In paragraph (6) of regulation 32 for the words “the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Independent Living Fund” there are substituted the words “any of the Macfarlane Trusts, the Independent Living Fund or the Fund”.
Notional capital
18
In regulation 35
a
in paragraph (3) , for the words “the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Independent Living Fund” there are substi tuted the words “any of the Macfarlane Trusts, the Independent Living Fund or the Fund”; and
b
in sub-paragraph (a) of paragraph (3), for the words from “household fuel” to the end of the sub-paragraph there are substituted the words “household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable.”;
c
in paragraph (7)–
i
for the words “In paragraph (3) the expression” there are substituted the words
In paragraph (3)–
the expression
; and
ii
after the words “sporting activities” at the end there are inserted the words
; and
“rent” means eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependants which fall to be made under regula tion 63 of those Regulations.
.
Students
19
In Part V (students)–
a
in regulation 38 (interpretation)–
i
in the definition of “sandwich course” for the words “Education (Manda tory Awards) Regulations 1988” there are substituted the words “Education (Mandatory Awards) Regulations 1991” ; and
ii
for the definition of “student” there is substituted–
“student” means a person, other than a person in receipt of a training allowance, who is attending a course of study at an educational establishment; and a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the last day of the course or such earlier date as he abandons it or is dismissed from it.
;
b
in regulation 40 (determination of grant income)–
i
in paragraph (1), for the words “subject to paragraph (2)” there are substituted the words “subject to paragraphs (2) and (3)”;
ii
in sub-paragraph (g) of paragraph (2) for “£246” there is substituted “£267”; and
iii
after paragraph (2) there is inserted–
3
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to such amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) as falls to be disregarded in his case.
.
Personal allowances
20
In Part I of Schedule 1–
a
for the amounts specified in column (2) of paragraph 1 the following amounts are substituted–
1
a
£34.80;
b
£44.00.
2
a
£34.80;
b
£44.00.
3
a
£52.40;
b
£69.00.
; and
b
for the amounts specified in column (2) of paragraph 2 the following amounts are substituted–
a
£15.05;
b
£22.15;
c
£26.45;
d
£34.80.
.
Family premium
21
In Part II of Schedule 1 , for “£7.95” there is substituted “£9.65”.
Additional condition for the higher pensioner and disability premiums
22
In paragraph 12 of Schedule 1–
a
in sub-paragraph (1)–
i
in paragraph (a)(i), for the words “an invalidity pension under section 15 of the 1975 Act or severe disablement allowance under section 36 of that Act ” there are substituted the words “an invalidity pension under section 33 of the 1992 Act or severe disablement allowance under section 68 of that Act”;
ii
in paragraph (a)(ii), for the words “invalidity pension under section 15 of the 1975 Act” there are substituted the words “invalidity pension under section 33 of the 1992 Act”; and
iii
in paragraph (a)(iii), for the words “section 82(6)(b) of the 1975 Act” there are substituted the words “section 113(2) of the 1992 Act”; and
b
in sub-paragraph (5)–
i
in paragraph (a), for the words “sections 14, 15 or 36 of the 1975 Act” there are substituted the words “sections 31, 33 or 68 of the 1992 Act”; and
ii
in paragraph (b) for the words “Part I of the Social Security and Housing Benefits Act 1982(g)” there are substituted the words “Part XI of the 1992 Act”.
Severe disability premium
23
In paragraph 13 of Schedule 1–
a
in each place where the words “section 37ZB(3) of the 1975 Act” occur, there are substituted for those words the words “section 72(3) of the 1992 Act”; and
b
in sub-paragraph (2)(a)(iii) for the words “section 37 of the 1975 Act” there are substituted the words “section 70 of the 1992 Act”.
Carer premium
24
In paragraph 14A of Schedule 1–
a
in sub-paragraph (1) for the words “section 37 of the 1975 Act” there are substituted the words “section 70 of the 1992 Act”;
b
in sub-paragraph (2)(b) for the words “section 37ZB(3) of the 1975 Act” there are substituted the words “section 72(3) of the 1992 Act”; and
c
after sub-paragraph (2), there is inserted–
3
Where the relevant person or his partner ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition mentioned in sub-paragraph (1) shall be treated as satisfied for a period of eight weeks from the date on which he or his partner, as the case may be, was last in receipt of, or was last treated as being in receipt of, invalid care allowance.
.
Persons in receipt of concessionary payments
25
In paragraph 15 of Schedule 1, for the words “paragraphs 12 to 14” there are substituted the words “paragraphs 12 to 14A”.
Amounts of premiums specified in Part III
26
For the amounts specified in Part IV of Schedule 1, the following amounts are substituted–
1
£10.95.
2
a
£17.30;
b
£26.25.
3
a
£19.30;
b
£29.00.
4
a
£23.55;
b
£33.70.
5
a
£18.45;
b
£26.45.
6
a
£33.70;
b
i
£33.70;
ii
£67.40.
7
£18.45.
8
£11.95.
.
Sums to be disregarded in the determination of earnings
27
In Schedule 2–
a
in paragraph 1(a)(i), for the words “under the 1975 Act” there are substituted the words “under the 1992 Act”;
b
in paragraph 3(4)(c), following the words “sub-paragraph (2)” there are inserted the words “or (3)”;
c
after paragraph 4, there are inserted the following paragraphs–
4A
1
In a case to which neither paragraph 3 nor 4 applies to the relevant person, and subject to sub-paragraph (2), where the relevant person’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 14A(2) of that Schedule as being in receipt of invalid care allowance.
2
Where the carer premium is awarded in respect of the relevant person and of any partner of his, their earnings shall for the purpose of this paragraph be aggregated, but the amount of earnings to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.
4B
Where the carer premium is awarded in respect of a relevant person who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment–
a
specified in paragraph 6(1), so much of the other member’s earnings as would not when aggregated with the amount disre garded under paragraph 4A exceed £15;
b
other than an employment specified in paragraph 6(1), so much of the other member’s earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 4A exceed £15.
;
d
in paragraph 5, for the words “paragraph 3 does not apply” there are substituted the words “paragraphs 3, 4A and 4B do not apply”.
e
in paragraph 6, for the words “neither paragraph 3 nor 4” there are substituted the words “none of paragraphs 3, 4, 4A or 4B applies”;
f
in paragraph 9, for “17, 18 or 27” there is substituted “17 or 18”;
g
in paragraph 14, for the words “section 2 of the Child Benefit Act 1975 (meaning of child) ” there are substituted the words “section 142 of the 1992 Act (meaning of child)”; and
h
in paragraph 15, for “24 hours” there is substituted “16 hours”.
Sums to be disregarded in the determination of income other than earnings
28
In Schedule 3–
a
for paragraph 5 there is substituted–
5
Any disability living allowance.
;
b
for sub-paragraph (b) of paragraph 6 there is substituted–
b
income support;
c
mobility allowance under section 37A of the Social Security Act 1975.
;
c
in paragraph 13
i
in sub-paragraph (2), for the words from “household fuel” to the end there are substituted the words “household fuel or rent of that single person or, as the case may be, of any member of that family, or is used for any council tax, personal community charge, collective community charge contribution or water charges for which that relevant person or member is liable.”;
ii
for sub-paragraph (5) there is substituted–
5
for the purposes of sub-paragraph (2),
a
the expression “ordinary clothing or footwear” has the same meaning as in regulation 28(8); and
b
“rent” means eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependents which fall to be made under regulation 63 of those Regulations.
;
d
for sub-paragraph (b) of paragraph 14 there is substituted–
b
a pension paid by the government of a country outside Great Britain which is either–
i
analogous to a war disablement pension; or
ii
analogous to a war widow’s pension;
;
e
in paragraph 15–
i
in sub-paragraph (2)(b), for the words “or community water charge under the Abolition of Domestic Rates (Scotland) Act 1987 ,” there are substituted the words “council tax, or water charges”;
ii
after sub-paragraph (2) there is inserted–
3
The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) of this paragraph in respect of the dwelling or buildings with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home.”
;
f
in paragraph 20, for “£7.35” in sub-paragraph (b) there is substituted “£8.60”;
g
in paragraph 23, for paragraphs (a) and (b) in sub-paragraph (1) there are substituted the following paragraphs respectively–
a
in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978 (schemes for payments of allowances to adopters);
b
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or, as the case may be, section 50 of the Children Act 1975 (payment towards maintenance of children);
;
h
for paragraph 24 there is substituted–
24
Any payment made by a local authority to the relevant person with whom a person is accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 or, as the case may be, section 21 of the Social Work (Scotland) Act 1968 or by a voluntary organisation under section 59(1)(a) of the Children Act 1989 or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 (provision of accommodation and mainte nance for children by local authorities and voluntary organisations).
;
i
for paragraph 26 there is substituted–
26
Any payment made by a local authority in accordance with section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children).
;
j
paragraph 27 is omitted;
k
for paragraph 31 there is substituted–
31
Any payment under section 148 of the 1992 Act (pensioners' Christmas bonus).
;
l
for paragraph 14 there is substituted–
34
1
Any payment made under any of the Macfarlane Trusts, the Independent Living Fund or the Fund.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–
a
the person who is suffering from haemophilia or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.
4
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–
a
that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either–
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–
a
that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
b
the payment is made either–
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Macfarlane Trusts or the Fund.
;
m
at the end of paragraph 40 there are added the words “or reduction of council tax either under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).” ;
n
the following paragraphs are added after paragraph 46
47
1
Where a relevant person’s applicable amount includes an amount by way of the family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by–
a
the relevant person’s former partner, or the relevant person’s partner’s former partner; or
b
the parent of a child or young person where that child or young person is a member of the relevant person’s family except where that parent is the relevant person or the relevant person’s partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
48
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
49
Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
50
Any guardian’s allowance under Part III of the 1992 Act.
51
Any council tax benefit.
.
Capital to be disregarded
29
In Schedule 4–
a
in paragraph 5–
i
following the words “or in part” there are inserted the words “as his only or main residence”; and
ii
in sub-paragraph (b), the words “as his only or main residence” are omitted;
b
in paragraph 9, sub-paragraph (2) is omitted;
c
for paragraph 19 there is substituted–
19
Any payment made by a local authority in accordance with section 17 or 24 of the Children Act 1989 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (provision of services for children and their families and advice and assistance to certain children).
;
d
for paragraph 24 there is substituted–
24
1
Any payment made under any of the Macfarlane Trusts, the Independent Living Fund or the Fund.
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Macfarlane Trusts or the Fund and which is made to or for the benefit of–
a
the person who is suffering from haemophilia or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the relevant person’s family.
4
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–
a
that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either–
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Macfarlane Trusts or the Fund, where–
a
that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and
b
the payment is made either–
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Macfarlane Trusts or the Fund.
;
e
in paragraph 29, the words “or personal” are inserted before the word “pension”;
f
in paragraph 31, after the words “the Macfarlane (Special Payments) Trust” there are inserted the words “, the Macfarlane (Special Payments) (No. 2) Trust or the Fund”;
g
in paragraph 32 , for the words “under section 2(4)(c)” there are substituted the words “under either of those sections”;
h
at the end of paragraph 35 there are added the words “or reduction of council tax either under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).”;
i
the following paragraphs are added after paragraph 40
41
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
42
Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
43
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.
44
Any council tax benefit.
.
Michael Howard
Secretary of State for the Environment
4th March 1993
David Hunt
Secretary of State for Wales
5th March 1993
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Child Support Act 1991 (Consequential Amendments) Order 1993 and shall come into force on 12th April 1993.
Amendments relating to the Army
2
1
The following section shall be inserted in the Army Act 1955 after section 150 —
Enforcement of maintenance assessment by deductions from pay.
150A
1
Subsection (2) applies where any officer, warrant officer, non-commissioned officer or soldier of the regular forces (“the liable person”) is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support Act 1991.
2
The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his —
a
to make periodical payments in accordance with the maintenance assessment; or
b
to pay interest (by virtue of regulations made under section 41(3) of the Act of 1991) with respect to arrears of child support maintenance payable in accordance with the assessment,
as they, or the authorised officer, thinks fit.
3
Where a child support officer —
a
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
b
has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or soldier of the regular forces,
the Secretary of State shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.
4
This section applies whether or not the liable person was a member of the regular forces when the maintenance assessment was made.
.
2
The following subsection shall be inserted in section 151 of the Act of 1955 (deductions from pay for maintenance of wife or child) —
3A
Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular forces with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.
.
3
In section 152 of the Act of 1955 (limit on deductions under sections 150 and 151 and effect of forfeiture), after “150”, in each case, there shall be inserted “,150A”.
Amendments relating to the Royal Air Force
3
1
The following section shall be inserted in the Air Force Act 1955 after section 150 —
Enforcement of maintenance assessment by deductions from pay.
150A
1
Subsection (2) applies where any officer, warrant officer, non-commissioned officer or airman of the regular air force (“the liable person”) is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support Act 1991.
2
The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his —
a
to make periodical payments in accordance with the maintenance assessment; or
b
to pay interest (by virtue of regulations made under section 41(3) of the Act of 1991) with respect of arrears of child support maintenance payable in accordance with the assessment,
as they, or the authorised officer, thinks fit.
3
Where a child support officer —
a
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
b
has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or airman of the regular air force,
the Secretary of State shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.
4
This section applies whether or not the liable person was a member of the regular air force when the maintenance assessment was made.
.
2
The following subsection shall be inserted in section 151 of the Act of 1955 (deductions from pay for maintenance of wife or child) —
3A
Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular air force with respect to the maintenance of a child of his, no order may be made under this section for the deduction of any sums from the pay of that person with respect to the maintenance of that child.
.
3
In section 152 of the Act of 1955 (limit on deductions under sections 150 and 151 and effect of forfeiture), after “150”, in each case, there shall be inserted “,150A”.
Amendments relating to the naval forces
4
In section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (deductions from pay in respect of liabilities for maintenance etc. ), the following paragraph shall be inserted after paragraph (aa) —
aaa
for the payment of interest (by virtue of regulations made under section 41(3) of the Child Support Act 1991) with respect to arrears of child support maintenance payable in accordance with any maintenance assessment made under that Act;
.
Amendments relating to the merchant navy
5
In section 11 of the Merchant Shipping Act 1970 (restriction on assignment of and charges upon wages), the following subsection shall be added at the end —
4
Subsection (1)(a) of this section is subject to any provision made by or under sections 31 or 32 of the Child Support Act 1991 (deductions from earnings orders).
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
17th March 1993


text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
These Regulations may be cited as the Management and Administration of Safety and Health at Mines Regulations 1993 and shall come into force on 1st October 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“appoint” in relation to a person means appoint in writing with a written statement summarising his responsibilities and authority and “appointed” and “appointment” shall be construed accordingly;
“approved” means approved for the time being in writing by the Executive and “approve” and “approval” shall be construed accordingly;
“certificate of qualification” means a certificate issued under regulation 18;
“covered accommodation” means the covered accommodation provided in pursuance of regulation 36(1);
“employer” includes the owner if he employs persons at work at the mine;
“the Executive” means the Health and Safety Executive;
“firedamp” means any flammable mixture of gases, or any flammable gas, naturally occurring in a mine;
“maintained” with respect to plant and equipment means maintained in relation to any matter which it is reasonably foreseeable will adversely affect the health and safety of any person in an efficient state, in efficient working order and in good repair;
“management structure” has the meaning attached to it by regulation 10;
“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals; and
“owner” in relation to a mine means the person who is for the time being entitled to work it.
2
In these Regulations a person shall be suitably qualified for a particular position if he holds the qualifications, attested by a valid certificate of qualification, approved for that position under regulation 17(1) or, where no such qualification has been approved, he is suitably qualified by way of education, knowledge and experience to undertake the duties of that position effectively.
3
A mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.
4
In these Regulations, unless the context otherwise requires–
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Application of these Regulations
3
1
Except where otherwise expressly provided, these Regulations shall apply to all mines.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.
3
In regulation 6 a reference to a mine shall include a reference to a closed tip (within the meaning of section 2(2)(b) of the Mines and Quarries (Tips) Act 1969 ) associated with the mine, and accordingly the duties of the owner of the mine shall extend to such a tip.
Duties of employers of employees at work at a mine
4
1
Without prejudice to regulation 6 (which imposes duties on the owner), it shall be the duty of each employer of employees at work at a mine to comply with those relevant statutory provisions which apply to the mine in so far as those provisions do not exclusively impose a duty on a person other than the employer, but this duty shall not extend to matters which are beyond the control of the employer.
2
Where the employees of more than one employer are at work at a mine, the employers concerned shall co-operate with one another, by exchange of information or otherwise, to the extent requisite to enable each employer to comply with the requirements of the relevant statutory provisions at the mine in so far as their ability to so comply depends upon such co-operation.
3
Every employer of employees at work at a mine shall co-operate with the manager of the mine to the extent requisite to enable the manager to comply with the requirements of the relevant statutory provisions and the employer shall comply with any directions given to him by, or on behalf of, the manager for that purpose except that this paragraph shall not apply to the owner of the mine.
4
In performing his duty under section 2(3) of the 1974 Act (the preparation and revision of a written statement of general policy with respect to the health and safety at work of employees), every employer of persons at work at the mine (other than the owner) shall take full account of the owner’s safety policy prepared in accordance with regulation 6(4), and section 2(3) of the 1974 Act shall be modified accordingly.
Duties of employees at work at a mine
5
1
Every employee who is at work at a mine shall co-operate with the manager of the mine to the extent requisite to enable the manager to comply with the requirements of the relevant statutory provisions at the mine and shall comply with any directions given to him by, or on behalf of, the manager for that purpose.
2
Every employee at work at the mine shall–
a
to the best of his ability, leave his working place at the end of his period of work in such condition as to allow work to be resumed there safely and without risks to health or, if he is unable to do so, fence off the place where this is practicable and report the matter to the person responsible in the management structure of the mine in accordance with paragraph (3);
b
take any necessary steps that are open to him to avoid interruption of ventilation at the mine by the accumulation of minerals, vehicles or materials;
c
behave in an orderly manner;
d
not leave his working place without taking his lamp and any self-rescuer issued to him;
e
not be in a state of intoxication or, without the permission of the manager, bring any intoxicating liquor to the mine;
f
not sleep below ground or, while in charge of any plant or equipment, on the surface;
g
without authority, not pass beyond any enclosure or barrier or danger signal or open any locked door; and
h
not brush or waft out any flammable gas.
3
Where an employee at work at the mine discovers that a danger has arisen or is about to arise (including a danger arising from a defect in, or the condition of, any plant or equipment at the mine), he shall–
a
take such immediate steps as are reasonable for a person in his position to take to prevent danger that has arisen or is about to arise; and
b
where further action to prevent danger is required, forthwith report the matter to a person in the management structure of the mine, normally his supervisor.
PART II
OWNERS OF MINES
General duties of the owner of the mine
6
1
A mine shall not be worked unless its owner is an individual or a body corporate or its owners are partners in it.
2
It shall be the duty of the owner of the mine–
a
to make such financial and other provision to secure; and
b
otherwise to secure, so far as is practicable,
that the mine is managed and worked in accordance with the relevant statutory provisions (which are applicable to the mine) and is so planned and laid out as to enable that purpose to be readily secured.
3
Without prejudice to the generality of paragraphs (1) and (2), the owner may appoint persons for the purposes of securing the fulfilment in relation to the mine of his statutory responsibilities, and in such a case the owner shall forthwith send copies of those appointments to the manager of the mine concerned and to the Executive.
4
Without prejudice to section 2(3) of the 1974 Act, it shall be the duty of every owner of a mine to prepare and, as often as may be appropriate, to revise a written statement of his general policy with respect to the health and safety at work of all persons at work at the mine and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all persons at work at the mine.
5
Subject to paragraph (6), the duty imposed on the owner to secure that the mine is managed, worked, planned and laid out in accordance with the relevant statutory provisions shall apply in relation to all such provisions whether or not they expressly impose duties on him or on some other person.
6
Paragraph (5) shall not apply in relation to those provisions of the 1954 Act listed in Schedule 1 (which expressly provide that a person is to be guilty of an offence).
Notification of mining operations
7
1
A mine shall not be worked unless the owner thereof has notified the Executive of the information specified in Part I of Schedule 2 at least 28 days in advance of the intended commencement of the mining operation.
2
Where an event specified in Part II of Schedule 2 occurs, the owner shall notify the Executive of the event within 28 days of its occurrence.
3
In the case of a mine which was in existence or under construction on the date of coming into force of these Regulations, notification under section 139 of the 1954 Act, in so far as it provided the information required by Schedule 2 to these Regulations, shall be deemed to be notification under paragraph (1).
PART III
STRUCTURE OF HEALTH AND SAFETY MANAGEMENT,SUPERVISION AND INSPECTION OF THE MINE
Appointment of the manager and substitute
8
1
Subject to the following provisions of this regulation and regulation 15, no mine shall be worked unless there is a sole manager of the mine, being a suitably qualified and competent individual, duly appointed.
2
Subject to regulation 10(6), the manager of a mine shall be appointed by the owner who, if he is an individual and suitably qualified and competent, may appoint himself.
3
When temporarily the manager is not readily available or the post of manager is vacant, a suitably qualified and competent person shall be appointed by the owner as a substitute to hold the authority and perform the duties of the manager.
4
Where duties are being performed by a substitute in accordance with paragraph (3), the mine shall be returned to the control of a manager appointed in accordance with paragraph (2) within 72 days or within such longer period as the Executive may approve of the commencement of such performance by the substitute.
5
Where a substitute has been appointed in accordance with paragraph (3), that substitute shall, for the period that he is so appointed, be deemed to be the manager of the mine for the purposes of the relevant statutory provisions, except that the appointment of a substitute shall not relieve the manager of the powers or duties conferred or imposed by or under those provisions while he holds or held the post of manager of the mine.
Authority and duties of the manager of the mine
9
1
The manager of the mine shall have the management, command and control of the mine exercisable subject to any instructions given to him by or on behalf of the owner.
2
The mine shall not be worked unless it is under the daily personal supervision of the manager.
3
It shall be the duty of the manager of the mine so far as is practicable–
a
to manage and control the undertaking of the mine in accordance with the relevant statutory provisions;
b
to ensure by the exercise of supervision and inspection the safety of persons and operations at the mine;
c
to ensure that all persons who are appointed to perform duties under these Regulations understand the nature and scope of their duties; and
d
to ensure the discharge by all others (except the owner and persons acting on his behalf) of obligations imposed on them with respect to the mine by, or by virtue of, the relevant statutory provisions.
4
In imposing duties on persons to be appointed in the management structure under regulation 10 or to carry out inspections under regulation 12, the manager shall have regard to the requirements of regulations 10(5) and 12(6)(a) respectively as they affect those persons.
Management structure
10
1
With a view to ensuring the health, safety and welfare of persons at work at the mine, it shall be the duty of the owner and manager to–
a
establish a management structure (which shall include the manager) that is suitable for the mine and the management structure shall be set down in writing and shall define the extent of authority and responsibility of the persons in it; and
b
ensure that a sufficient number of suitably qualified and competent persons are appointed in the management structure.
2
Without prejudice to the generality of paragraph (1), the management structure shall be established to provide in particular–
a
that all persons below ground in all areas of the mine are under the command of persons in the management structure who have the duty to exercise thorough supervision of those persons at all times;
b
that where more than one person with supervisory duties under sub-paragraph (a) above is on duty at the mine, there are arrangements within the management structure for a suitable chain of command from the manager to any such persons; and
c
adequate assistance to the manager in the performance of his statutory duties including any duties relating to health, safety and welfare assigned to him by the owner.
3
It shall be the duty of the manager to–
a
appoint a suitably qualified and competent person to exercise supervision over persons for the time being at the mine when the manager is not present at the mine but is readily available while the mine is being worked; and
b
ensure that duties and authority are properly allocated to achieve the objectives of the structure referred to in the foregoing paragraphs of this regulation so far as is practicable.
4
Every person appointed in accordance with paragraph (1)(b), to the extent of his responsibility and authority under the management structure and subject to any instructions given to him by a more senior person within the management structure, shall–
a
carry out the duties allocated to him under the management structure with all due diligence;
b
so far as is practicable ensure compliance with the relevant statutory provisions; and
c
so far as is practicable by the exercise of supervision ensure the safety of all persons below ground at the mine for whom he is responsible.
5
Every person in the management structure shall give precedence to his duties relating to health, safety and welfare over any other duties that he may have and at the end of any period of duty shall communicate with other persons to give them all information necessary for health, safety and welfare.
6
An individual who is, or who is employed by, a person with whom the owner has contracted to undertake other work at that mine or another mine of the owner shall not be appointed to the management structure, except that this paragraph shall not apply in relation to a person appointed solely to exercise thorough supervision under paragraph (2)(a).
Installation, inspection and maintenance etc. of plant and equipment
11
1
It shall be the duty of the manager to ensure so far as is practicable that all plant and equipment are–
a
safely installed and commissioned; and
b
systematically inspected, examined, tested and maintained,
by suitably qualified and competent persons.
2
The manager shall prepare and keep up to date a suitable written scheme for the systematic inspection, examination, testing, maintenance and, where necessary, repair of all plant and equipment.
3
The manager shall ensure that a sufficient number of suitably qualified and competent persons are appointed–
a
in the management structure, to direct and manage all the activities referred to in paragraph 1(a) and (b);
b
to supervise all the activities referred to in paragraph (1)(a) and (b);
c
to undertake all the activities referred to in paragraph (1)(a) and (b); and
d
to be present as substitutes for the appointments in sub-paragraph (a) above when those persons are not present at the mine and the mine is being worked.
4
The manager shall ensure, so far as is practicable, that suitable written reports are made of the inspections, examinations, tests, maintenance and repairs carried out in pursuance of paragraph (1) and that each such report records significant defects and the steps taken to remedy them and is signed by the person making it.
5
Every person appointed to carry out duties under paragraph (3), to the extent of his responsibility and authority and, subject to any instructions given to him by a more senior person within the management structure or the scheme referred to in paragraph (2), shall carry out the duties allocated to him with all due diligence.
Arrangements for inspection at the mine
12
1
For the purpose of ensuring adequate inspection of the mine, the manager shall ensure that all parts of the mine below ground other than shafts (except shafts in the course of being sunk) are divided into suitable districts which shall be inspected by suitably qualified and competent persons with a view to ensuring that such districts are safe to enter and work in and the boundaries of those districts (except shafts in the course of being sunk) shall be shown on a suitable plan.
2
The manager shall ensure that a sufficient number of suitably qualified and competent persons are appointed and assigned to districts to perform the inspections referred to in paragraph (1).
3
Each district referred to in paragraph (1) shall be limited to such a size that it is capable of being adequately inspected.
4
Different districts may be defined in relation to different shifts or different days of the week or both, having regard to the nature of the work to be carried on there for the time being.
5
Without prejudice to the generality of paragraph (1), inspections under this regulation shall relate to the presence of firedamp, where appropriate, and to ventilation, support of roof and sides and general safety and shall be of such frequency as to ensure that the district is safe to enter and to work in insofar as this can be ensured by such inspection.
6
Subject to regulation 10(5), a person who has duties under this regulation shall–
a
give precedence to those duties over any others that he may have; and
b
at the end of any shift, if persons are due to arrive below ground at the same district for a succeeding shift, communicate with the person undertaking inspection in that district for the succeeding shift and give all the information necessary for the safety of persons who will be employed in that district.
7
Any person who inspects a district in pursuance of paragraph (1) shall have the duties, so far as practicable–
a
to assess the condition of the district with respect to the health and safety of persons;
b
having regard to his knowledge and experience and authority to secure remedies to dangers, to take where necessary such immediate steps as are reasonable for a person in his position to take to prevent danger that has arisen or is about to arise; and
c
to report on those matters which still require corrective action to the person responsible in the management structure.
8
A person who has undertaken an inspection in pursuance of paragraph (1) shall prepare and sign a suitable written report of that inspection which shall be countersigned by a person exercising thorough supervision in that district unless that person had himself undertaken the inspection.
9
At the end of the shift in which an inspection has been made a copy of the report required by paragraph (8) shall be posted forthwith in a suitable place at the mine and kept posted for at least 24 hours or until a subsequent report relating to the same district is posted whichever is the sooner.
10
An individual who is, or who is employed by, a person with whom the owner has contracted to undertake other work at that mine or another mine of the owner shall not be appointed to undertake inspections under this regulation.
11
Where, in order to avoid danger, the inspection includes detection of firedamp, any instrument used for that purpose shall be of an approved type or conform to an approved standard.
Additional duties of the manager of the mine
13
1
It shall also be the duty of the manager of the mine, so far as is practicable–
a
to ensure that there is such sufficient supply of materials and plant and equipment readily available as is requisite to enable the relevant statutory provisions as they apply to the mine to be complied with;
b
to investigate promptly and, where appropriate, to remedy any complaints relating to–
i
shortage of material or of plant and equipment required to be readily available in accordance with sub-paragraph (a) above, and
ii
any other matters affecting the health, safety and welfare of persons at work at the mine;
c
to make suitable arrangements for recording the names of all persons who go below ground and of those who return to the surface with a view to ensuring that persons below ground and their location can be readily identified at any time;
d
to read and countersign or ensure are read and countersigned by suitably qualified and competent persons, all reports and records relating to the mine which are required to be made by the relevant statutory provisions and, if he does not read them himself, to ensure that all matters of an abnormal or unusual nature or which require action by him or by any other person within the management structure are brought to his attention forthwith; and
e
to ensure that each employee is made aware of the person in the management structure to whom he must normally report actual or apprehended danger in accordance with regulation 5(3).
2
Where necessary to avoid danger, the manager shall make suitable arrangements so that when persons at work at the mine are below ground or are about to go below ground–
a
the barometric pressure is measured before the start of every shift and the trend in barometric pressure is noted;
b
the measurement of and trend in barometric pressure are so displayed that persons going below ground can be aware of them; and
c
the reading of and trend in barometric pressure are brought to the attention of all persons who exercise supervision in accordance with regulation 10(2)(a) or undertake inspections in accordance with regulation 12(2).
Limitation on the number of mines a person may manage
14
An individual may not be appointed to manage more than one mine unless–
a
it is practicable for him to exercise the daily personal supervision required by regulation 9(2); and
b
the owner of each mine concerned has notified the Executive of the appointment.
Appointment of managers to manage parts of a mine
15
1
Where a mine by reason of its geography, can be divided into, and worked as, separate parts, the owner may so divide the mine and appoint a sole manager for each such part where this is requisite for the effective discharge of each manager’s duties and, subject to paragraph (2), the manager of a part of a mine shall be treated for the purposes of these Regulations as a manager appointed under regulation 8 in relation to that part.
2
In such a case as is mentioned in paragraph (1), the owner shall ensure co-ordination at the mine and that suitable arrangements are made to deal with emergencies.
3
A plan clearly showing how the mine has been divided and indicating the points of separation of each part shall be kept in the covered accommodation of each such part of the mine to which the plan relates.
Instructions given to the manager by the owner
16
1
Any instructions given by or on behalf of the owner to the manager of a mine which relate to the duties of the manager under the relevant statutory provisions shall be confirmed in writing by the owner if the manager so requests.
2
Where the manager is of the opinion that instructions given to him by or on behalf of the owner are, or are likely to be, prejudicial to his duties under the relevant statutory provisions or to the health or safety of persons employed at the mine, he may refuse to carry out such instructions unless they have been confirmed in writing by a person who is suitably qualified and competent to be the manager of the mine concerned and who is duly authorised by the owner.
3
No instruction which relates, or is likely to relate, to the responsibilities of the manager under the relevant statutory provisions shall be given by or on behalf of the owner to any person at work at the mine (other than the manager) except–
a
by, or with the consent of, the manager; or
b
in an emergency,
and any instructions so given in an emergency shall be confirmed in writing by the owner if the manager so requests.
4
Copies of any instruction which has been confirmed in writing in accordance with the foregoing paragraphs of this regulation shall be kept by the manager and the owner for at least three years from the date on which the instruction ceased to have effect.
PART IV
QUALIFICATIONS
Approval of qualifications
17
1
The Executive may approve qualifications for the purposes of–
a
the 1954 Act;
b
orders and regulations made under or having effect as if made under that Act; and
c
health and safety regulations which expressly apply to all mines, any class of mine, or any mine.
2
The Executive may also approve a minimum age for applicants to whom specified certificates of qualification referred to in regulation 18 may be granted.
Certificates of qualification
18
1
The possession of any qualification referred to in regulation 17 shall be attested by a valid certificate of qualification issued by the Executive or the body granting the qualification, as the case may be.
2
The certificate shall state–
a
the name of the body issuing the certificate;
b
the name of the individual to whom it relates;
c
the purposes for which the certificate is granted;
d
that the body issuing the certificate is satisfied that the individual to whom the certificate relates has attained a satisfactory standard (whether by education, training or experience or a combination of them);
e
the period of validity of the certificate, if the certificate is so limited;
f
any conditions or restrictions that the body issuing the certificate sees fit to impose; and
g
the date of issue of the certificate.
Certificates issued under the 1954 Act to remain valid
19
1
Where, immediately before the date of coming into force of these Regulations, an individual held a certificate relating to qualifications or competence issued under the provisions of the 1954 Act or regulations made or having effect as if made thereunder as then in force, that certificate shall remain valid for the period of its validity or, if no such period is specified in the certificate, indefinitely and shall be treated as a certificate issued under this Part and accordingly its holder shall be treated as being suitably qualified to hold the post to which the certificate relates.
2
Any reference in the relevant statutory provisions to a certificate granted by the Executive on the recommendation of the Mining Qualifications Board established by section 148 of the 1954 Act shall be treated as a reference to a certificate issued under this Part and accordingly its holder shall be treated as being suitably qualified to hold the post to which the certificate relates.
Refusal to issue certificates
20
1
The Executive or the body empowered to issue certificates for the purposes of regulation 18(1) may decide to refuse to issue a certificate of qualification to a person and in such a case shall notify that person of its decision so to do.
2
Where a person is aggrieved by a decision of the Executive or other body empowered to issue certificates made in accordance with paragraph (1) to refuse to issue a certificate of qualification, he may, by an application in writing to the Executive, made within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed by it in accordance with a procedure approved for that purpose by the Health and Safety Commission and the Executive shall notify him of the result of that review.
Replacement of certificates
21
If any certificate of qualification is defaced, lost or destroyed, the body issuing the certificate, or if that body has ceased to exist, the Executive may, on such terms as to evidence as it sees fit (and in a case where a certificate is defaced, on its surrender), issue a new certificate to replace it.
Expenses relating to certain certificates
22
The expenses incurred by a person who is employed to perform the duties referred to in regulation 10(2)(a) or 12(1) and necessary to maintain his certificate of qualification shall be borne by the owner of the mine.
PART V
TRAINING REQUIREMENTS
Restrictions on doing work by unskilled persons
23
No person shall do any work at a mine unless either–
a
he has received adequate instruction in, and training for, the doing of that work and is competent; or
b
he does so under the instruction and supervision of some other person who is competent to give instruction in and to supervise the doing of that work for the purpose of training him.
Appointment of a person to organise training at the mine
24
At every mine the manager shall appoint a suitably qualified and competent person to organise and, where appropriate, undertake the training of persons at work at the mine and shall afford that person such time and facilities and, where appropriate, support him by a sufficient number of suitably qualified and competent persons as will enable him to carry out his duties effectively.
Scheme of training and supervision
25
The manager after consulting the person appointed to organise training shall prepare a suitable scheme which shall specify–
a
the arrangements for–
i
the supervision and training of persons without adequate experience of the work that they will be called upon to do, whether above or below ground, including, in particular, work at or near the mineral face, and
ii
the training of operators of plant and equipment at the mine, and
b
the reports and records of training to be made and kept at the mine or at some other place approved by the Executive.
Duties of the person appointed to organise training
26
Subject to any instructions given to him by the manager, it shall be the duty of the person appointed to organise training to–
a
implement the scheme referred to in regulation 25;
b
provide reports to the manager of the progress and welfare of trainees at suitable intervals; and
c
supply to each trainee a suitable record of the training he has received.
PART VI
SURVEYORS AND PLANS
Appointment of surveyors
27
1
No mine shall be worked unless the owner has appointed a suitably qualified and competent person to be the surveyor for the mine.
2
Where the post of surveyor becomes vacant the mine may be worked without a surveyor for a period up to 28 days or for such longer period as the Executive may approve.
Duties of the surveyor
28
It shall be the duty of the surveyor for the mine to ensure so far as is practicable–
a
that the plans, sections and working papers of the mine which are required under the relevant statutory provisions (whether prepared by him or not) are suitable, complete and accurate;
b
before ceasing to be the surveyor for the mine–
i
that those plans and sections and the working papers referred to in regulation 29 are transferred to the owner of the mine unless they are already kept at the office of the mine or at some other place approved by the Executive; and
ii
that a report in writing is prepared and sent to the owner of the condition of those plans and sections.
Working plans, ventilation plans and geological map
29
1
There shall be suitable, complete and accurate plans of all the workings in a mine and of its boundaries and as far as practicable of any other workings which may affect the safety of the mine (whether or not the workings are discontinued or have been abandoned) and accurate sections of the seams or vein-systems currently being worked in the mine and of the surrounding strata.
2
The plans and sections referred to in paragraph (1) shall be–
a
kept at the office of the mine or at some other place approved for this purpose by the Executive;
b
prepared and revised at suitable intervals by the surveyor or a suitably qualified and competent person working under his supervision;
c
prepared in such form and in such quantity as is requisite to enable the mine to be worked safely;
d
prepared on such scale and marked with such features as are requisite for–
i
the provision of accurate information relevant to the safe working of the mine; and
ii
the provision of accurate information on the position and conditions of existing workings and as far as practicable workings that have been discontinued or abandoned;
e
marked with the date on which the plan or section was commenced, prepared and revised; and
f
permanently and clearly drawn or printed on suitable and durable material and maintained in good condition.
3
The surveyor shall ensure that all working papers relating to the plans and sections referred to in paragraph (1) are signed and dated by the person who prepared them and are retained.
4
The owner of a mine shall make the plans of that mine required by paragraph (1) and the working papers referred to in paragraph (3) available to the owner of, or the surveyor for, a neighbouring mine, if those plans are needed to assist in the preparation for compliance with any of the relevant statutory provisions of the plans for that neighbouring mine.
5
There shall be kept at the office of the mine or some other place approved for that purpose by the Executive a plan showing the system of ventilation at the mine and, in particular, the general direction of the flow of ventilation, the points at which the quantity of air passing is assessed and the location of the principal devices for regulating the flow of ventilation.
6
There shall be kept at the office of the mine or some other place approved for this purpose by the Executive a suitable geological map of the district in which the mine is situated showing the boundaries of superficial and drift deposits.
Facilities and information to be given to the surveyor
30
The owner and the manager shall provide the surveyor for the mine with all plans, drawings and other relevant documents and information which are requisite for preparing the plans and sections required under regulation 29(1) and (5) and so far as is practicable the manager shall give the surveyor access to all the workings of the mine (including those which have been discontinued) for the purposes of preparing or revising those plans and sections.
Plans relating to abandoned mines or discontinued seams and vein-systems
31
1
In the event of–
a
the abandonment of a mine; or
b
the working of a seam or vein-system in a mine being discontinued for a period of more than twelve months,
it shall be the duty of the person who was the owner at the time of the event to send to the Executive within three months of that date, or within such longer time as the Executive may approve, the plans and sections referred to in regulation 29(1) of, and the working papers referred to in regulation 29(3) relating to, the abandoned mine or of the discontinued seam or vein or, in either case, accurate copies thereof.
2
The plans and sections required to be sent to the Executive in accordance with paragraph (1) shall be accompanied by–
a
a certificate given by the surveyor, or by some other suitably qualified and competent person authorised to act on behalf of the owner, who can so certify and report from his own knowledge that to the best of his knowledge and belief the plan or section is accurate; and
b
a certificate given by the manager, or by some other suitably qualified and competent person authorised to act on behalf of the owner who can so certify and report from his own knowledge that no further work, for the purpose of getting minerals, has taken place after a stated date which would affect the accuracy of the plan or section.
Retention and availability of plans etc.
32
1
Where, in pursuance of regulation 31, plans and other documents have been sent to the Executive they shall be retained by the Executive or in accordance with arrangements approved by the Executive.
2
Where plans and other documents or copies thereof have been sent to the Executive in pursuance of regulation 31, and subsequently it is proposed to resume working at any mine, seam or vein-system to which those documents relate, on reasonable notice being given, the Executive shall send those plans and documents (or the copies thereof) to the owner of the mine to which they relate.
Faulty plans
33
Section 19 of the 1954 Act (which relates to the powers of the Executive in relation to faulty plans) shall apply to plans and sections prepared under regulation 29(1) of these Regulations as it applied to plans and sections prepared for the purposes of that Act.
PART VII
RECORDS AND INFORMATION
Notification of appointments to the Executive
34
The owner of the mine shall notify the Executive, within 28 days of the date of appointment, of the name, address and terms of appointment of each of the following persons, namely–
a
the manager;
b
the person appointed in accordance with regulation 8(3) to exercise supervision when the manager is temporarily unavailable or the post of manager is vacant; and
c
the surveyor for the mine.
Form and retention of reports, records etc.
35
1
Every report or record which is required to be made under the relevant statutory provisions which apply to the mine shall be in a suitable form and shall be kept at the mine, or at some other place approved by the Executive, for at least three years from the date on which the report or record was made unless the provision concerned expressly imposes some other requirement.
2
Paragraph (1) shall apply to copies of information notified to the Executive under the relevant statutory provisions which apply to the mine as it applies to reports and records.
3
A copy of the written statement of duties of all persons appointed at the mine under these Regulations shall be kept at the mine or at some other place approved by the Executive for at least 12 months after the date on which the appointment ceased to have effect.
4
Copies of all rules and schemes required to be made under the relevant statutory provisions which apply to the mine shall be kept at the office of the mine while those rules and schemes remain operative.
Provision of covered accommodation and information to be kept in it
36
1
There shall be provided suitable covered accommodation at every mine to which all persons at work at the mine shall have access.
2
There shall be provided in that covered accommodation copies of–
a
all the relevant statutory provisions and all approved codes of practice which apply to the mine;
b
all schemes and rules required to be made under the relevant statutory provisions which apply to the mine;
c
any notices under the relevant statutory provisions served by an inspector which apply to the mine;
d
any consents or exemptions under the relevant statutory provisions granted by an inspector or the Executive which apply to the mine; and
e
a sketch plan of the mine showing the main roads and means of exit from each part of the mine to the surface and the telephone stations below ground.
Posting of notices
37
1
At a place or places where they can be readily seen and read by persons at work at the mine, there shall be provided suitable notices showing–
a
the name and address of–
i
the owner of the mine, and
ii
the manager of the mine; and
b
the location of the covered accommodation referred to in regulation 36(1).
2
If either–
a
regulations under the 1974 Act which affect the mine are made; or
b
any notice relating to the mine has been served by an inspector; or
c
any consent or exemption relating to the mine has been granted, by the Executive,
a notice to that effect shall be posted with the notices referred to in paragraph (1) for a period of 6 months immediately following the occurrence of the relevant event referred to in sub-paragraph (a), (b) or (c) above.
3
The Executive may approve the form which notices posted pursuant to this regulation shall take.
PART VIII
MISCELLANEOUS AND GENERAL
Exemptions
38
1
Subject to paragraph (3), the Executive may, by a certificate in writing, exempt any mine, or part of a mine or class of mines or any person or class of persons from all or any of the prohibitions and requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
Where a mine is, for the time being, solely used for a purpose other than for, or in connection with, the getting of minerals or ensuring the safety of another mine, subject to paragraph (3), the Executive may, by a certificate in writing, exempt that mine from all or any of the prohibitions and requirements imposed by or under–
a
the 1954 Act;
b
orders and regulations made under or having effect as if made under that Act; and
c
health and safety regulations which expressly apply to all mines, to any class of mine to which the mine belongs, or the mine,
and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
3
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safty of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Disapplication of section 157 of the 1954 Act
39
Section 157 of the 1954 Act (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.
Disapplication of the Factories Act 1961 to mine premises
40
1
Subject to paragraphs (2) and (3), none of the provisions of the Factories Act 1961 (“the 1961 Act ”) shall apply to any premises forming part of a mine.
2
Paragraph (1) shall not apply in a case where the mine is, for the time being, used for a purpose other than for, or in connection with, the getting of minerals or ensuring the safety of another mine and the Executive has issued an exemption certificate under regulation 38(2) exempting the mine from the relevant statutory provisions which expressly apply to all mines, to any class of mine to which the mine belongs or to the mine.
3
Those provisions of the 1961 Act which are applied by section 127 of that Act to building operations and works of engineering construction shall apply to premises forming part of a mine except to–
a
building operations undertaken below ground; and
b
works of engineering construction whether undertaken above or below ground,
and in this paragraph the terms “building operation” and “work of engineering construction” have the same meanings as in section 176(1) of the 1961 Act.
PART IX
REPEALS, MODIFICATIONS, REVOCATIONS AND SAVINGS
Repeals and modifications
41
1
The provisions of the 1954 Act specified in column 1 of Part I of Schedule 3 are repealed to the extent specified in the corresponding entry in column 3 of that Part.
2
The provisions of the 1954 Act specified in column 1 of Part II of Schedule 3 shall be modified to the extent specified in the corresponding entry in column 2 of that Part.
3
The Mines Management Act 1971 is repealed.
Certain provisions of the 1954 Act not to apply to mines
42
The provisions of the 1954 Act specified in column 1 of Schedule 4 shall not apply to mines and accordingly those provisions shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.
Revocations and modifications to instruments
43
1
The instruments specified in column 1 of Schedule 5 shall be revoked to the extent specified in the corresponding entry in column 3 of that Schedule.
2
The provisions of the instruments specified in column 1 of Schedule 6 shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.
3
Any reference in special Regulations (being Regulations which apply to particular mines made or having effect as if made under the 1974 Act) to a “deputy” shall be treated as a reference to a person who has been appointed–
a
to exercise supervision under regulation 10(2)(a);
b
to make inspections under regulation 12(1); or
c
to exercise both such functions.
Application of the Health and Safety (First-Aid) Regulations 1981 to mines
44
1
The Health and Safety (First-Aid) Regulations 1981 shall apply with the modifications set out in paragraph (2) to mines and mining operations as they apply to any premises or activity to which the 1974 Act applies and accordingly those Regulations shall be modified in accordance with paragraph (2) of this regulation.
2
The Health and Safety (First-Aid) Regulations 1981 shall be modified as follows–
a
regulation 7(e) (cases where the Regulations do not apply) is revoked;
b
for regulation 8 substitute the following regulation–
Application to mines
8
1
Subject to paragraph (2), in their application to mines, regulations 3 and 4 shall have effect as if the owner of the mine were the employer and as if all persons for the time being employed at the mine were his employees.
2
Paragraphs (3) and (4) of regulation 3 shall not apply in relation to mines.
;
c
regulation 10(3) (repeals, revocations and modification) is revoked.
Records and registers required to be kept under the 1954 Act
45
Any record or register required to be kept under any provision repealed or revoked by these Regulations shall, notwithstanding those repeals or revocations, be kept in the same manner and for the same period as if these Regulations had not been made, except that the Executive may approve their keeping at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the provisions so repealed or revoked.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
28th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Care: North Durham National Health Service Trust (Establishment) Order 1993 and shall come into force on1st 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 Community Health Care: North Durham 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 Community Health Care: North Durham 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 Dryburn Hospital, Durham DH1 5TW and associated hospitals;
b
to manage community health services provided from Earls House, Lanchester Road, Durham DH1 5RE 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 North Durham 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 Durham 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 Durham 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 Diseases of Animals (Approved Disinfectants) (Amendment) Order 1993 and shall come into force on the day after the day on which it is made.
Amendment
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the Schedule set out in Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the Schedule set out in Schedule 2to this Order; and
c
in article 6(2) of that Order (which specifies the date until which disinfectants subject to transitional provisions remain approved) for the words “31st December 1992” there shall be substituted the words “30th June 1993”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1992 , and the Diseases of Animals (Approved Disinfectants) (Amendment) (No.2) Order 1992 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th April 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
28th April 1993
David Hunt
Secretary of State for Wales
29th April 1993


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No.2) Order 1993 and shall come into force on 23rd November 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
Alliance & Leicester Mortgage Loans Limited;
b
CIS Home Loans Limited;
c
CIS Mortgage Finance Limited;
d
CIS Residential Mortgages Limited.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
29th October 1993
We consent,
Andrew Mackay
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1993 and shall come into force on 20th August 1993.
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 paragraph 6(2)(d) of Part III of Schedule 1, (classification of certified seed potatoes) in column 1 of the Table (diseases) the words “(including tobacco veinal necrosis virus infection)” shall be deleted.
3
In paragraph 2 of Schedule 3 (classification of basic seed potatoes), in column 3 (tolerances)–
a
opposite the entry relating to Class Elite 1 (E1), for paragraphs (ii) and (iii) there shall be substituted the following paragraph:–
ii
total virus disease (leafroll, severe mosaic and mild mosaic)–0.5% of which not more than 0.1% (in total) shall be of leafroll and severe mosaic.
;
b
opposite the entry relating to Class AA for paragraphs (i) to (iv) there shall be substituted the following paragraphs:–
i
deviations from variety and type and groundkeepers–0.1%;
ii
total virus disease (leafroll, severe mosaic and mild mosaic)–1.0%, of which not more than 0.25% (in total) shall be of leafroll and severe mosaic;
iii
blackleg–1%
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th July 1993.
Gillian Shephard
Minister of State, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th July 1993
John Redwood
Secretary of State for Wales
11th July 1993