text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) Regulations 1993 and shall come into force on 1st August 1993.
Revocation
2
The Education (Student Loans) Regulations 1992 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires —
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA(Hons.) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course —
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) —
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a regulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1993 if —
a
his course of study during that academic year forms part or all of —
i
a full-time course; or
ii
a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations; or
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991 ; or
iii
before the commencement of or at any time during that academic year he has been recognised as a refugee and from that time he has been ordinarily resident in the British Islands, or is the spouse or child of such a person; and
c
the loans administrator has received the certified eligibility form referred to in regulation 13(2)(g) in connection with his application for the loan; and
d
he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course —
i
because he has completed it on a date earlier than that specified by him in the eligibility form issued to him under regulation 13(2)(d); or
ii
otherwise than because he has completed it; and
e
he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect of repayments of the loan from that account; and
f
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
g
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who —
a
before the date on which the course begins has attained the age of fifty years; or
b
is attending a course leading to registration in Part 12, 13, 14 or 15 of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and is eligible to receive payment of a bursary or salary out of funds paid by the Secretary of State under section 97 of the National Health Service Act 1977 or section 85(1) of the National Health Service (Scotland) Act 1978 ; or
c
in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
d
is studying for the Postgraduate Certificate in Education as a participant in arrangements made by a local education authority for the training of teachers known as the “Articled Teachers Scheme”; or
e
is in breach of any obligation contained in any agreement for a loan; or
f
subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (f) of paragraph (2) shall apply only if —
a
the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
b
that agreement was made —
i
with the concurrence of the borrower’s curator; or
ii
at a time when the borrower had no curator.
4
A student shall not be eligible for a loan in relation to more than one academic year or more than one course beginning in any period of twelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £470 if he resides at his parents' home, and £685 if he does not; and
b
if the year is any other year of the course £640 if he resides at his parents' home, and £940 if he does not.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be —
a
if the year is the final year of the course, £470 if he resides at his parents' home, and £585 if he does not; and
b
if the year is any other year of the course, £640 if he resides at his parents' home, and £800 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £585 if the year is the final year of the course and £800 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £470 and £685 there were substituted £640 and £940 respectively and paragraph (2)(a) shall have effect as if for £470 and £585 there were substituted £640 and £800 respectively.
5
For the purposes of paragraphs (1) to (3), where a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans) Regulations 1992 loans shall bear interest in respect of the period consisting of the month of August 1993 at the rate specified in regulation 7 of those regulations.
2
Loans shall bear interest in respect of any period commencing on or after 1st September 1993 at the rate specified in paragraphs (3) and (4), being the rate appearing to the Secretary of State to be requisite for maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to a loan made on or after 1st September 1993, taking account of the addition of interest to the outstanding amount of the loan in accordance with regulation 8, will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 which is equal to the percentage specified in paragraph (4).
4
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office for June 1992 and the retail prices index so published for June 1993.
Time and manner of repayments
8
1
Subject to paragraph (2) and regulations 9 to 12 a borrower shall commence repayment of his loan on such day in the month of April next following the date on which he ceased to attend the course as the loans administrator may determine in his case (referred to below in this regulation as “the determined date”).
2
Where a borrower ceases to attend his course without completing it and on the first day thereafter on which it is reasonably practicable for him to do so begins to attend at the same institution another course which satisfies the requirements of regulation 4(1), paragraph (1) shall apply only in relation to the latter course.
3
Subject to regulations 9 to 12 repayments shall be made in 60 monthly instalments calculated in accordance with paragraphs (6) to (8) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
4
Interest accrued on a loan shall be added to the loan at regular monthly intervals and thenceforth form part of the outstanding amount of the loan.
5
On or before the determined date, the amount of the monthly repayments shall be calculated in accordance with paragraph (6).
6
The amount of the loan outstanding on the first day of the month in which the determined date falls and of interest which will accrue during the period of repayment shall be divided by the number of repayments, and the amount so calculated shall be the amount of the monthly repayment until it is re-calculated in accordance with paragraph (7).
7
On 1st September next following the determined date, and on each subsequent 1st September until the loan has been repaid or cancelled, the amount of the loan outstanding on that date and of interest which will accrue during the remaining period of repayment shall be divided by the number of repayments still to be made and the amount so calculated shall be the amount of the monthly repayment.
8
For the purposes of calculating monthly repayments under paragraphs (6) and (7) —
a
no account shall be taken of any repayments due prior to the relevant date which have not been made, but account shall be taken of the amounts of interest which have accrued on such unpaid repayments; and
b
it shall be assumed that —
i
the rate of interest will not change during the period of repayment; and
ii
each repayment will be applied to reduce the amount of the loan immediately after the addition of interest in accordance with paragraph (4).
9
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
10
Nothing in this regulation shall be taken to prevent a borrower, after giving notice to the loans administrator, from discharging or with the agreement of the loans administrator reducing his liability in respect of his loan sooner than required by the regulation, and where a borrower wishes so to reduce his liability the amount and time of repayments shall be determined by the loans administrator and the provisions of this regulation (except paragraphs (4) and (9) shall no longer apply to the loan.
9
Notwithstanding the provisions of regulation 8, the loans administrator may, in the case of a borrower who is in breach of an obligation to repay any loan instalment, do either or both of the following, namely:
a
grant any relaxation or indulgence to the borrower which does not vary the agreement for the loan;
b
require the borrower to make an immediate repayment of the outstanding amount of the loan:
Provided that the loans administrator shall not grant any relaxation or indulgence in accordance with paragraph (a) unless it is satisfied that such action represents a more effective means of recovering the debt due under the agreement than instituting legal proceedings against the borrower.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit (as defined in regulation 11(6)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 8 as the loans administrator considers appropriate; or
b
allow the borrower to defer making repayments of the loan until such later date; or
c
allow the borrower to make repayments of the loan in such greater number of instalments of such lesser amounts than those provided by regulation 8 as the loans administrator considers appropriate:
but interest on the loan shall continue to accrue and to be added to the outstanding amount of the loan during any period in which repayments are not being made or during any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on it by paragraph (1) notwithstanding that the outstanding amount of the loan will not in consequence be fully repaid before the borrower’s liability in respect thereof is cancelled by virtue of paragraphs (1)(b) and (2) of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower shall be entitled to defer making repayments of his loan if he satisfies the loans administrator —
a
that his gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,130 and the annual adjustment; and
b
if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount.
2
For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 1993 divided by the average earnings index for March 1992; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department of Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.
3
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than twelve months earlier or one month later than the date on which the loans administrator notifies the borrower that it is satisfied that he is entitled to defer making repayments.
4
Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.
5
In determining whether a borrower’s gross monthly income exceeds, will exceed or is likely to exceed the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid or which will or are likely to be paid to him in the months in question.
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Act 1975 known as invalidity benefit , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
disability premium and severe disability premium payable pursuant to the Income Support (General) Regulations 1987 ; and
c
disability working allowance payable under section 20 of the Social Security Act 1986 .
7
Interest shall accrue on a loan and shall be added to the outstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and —
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a)-(c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student and return to them;
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the loans administrator; and
g
send each certified eligibility form to the loans administrator.
3
The governing body shall —
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (2)(g) or notified by them to the loans administrator as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the administrator with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
4
Without prejudice to the generality of sub-paragraphs (b) and (c) of paragraph (2),the steps to be taken under those sub-paragraphs shall include verifying particulars givenin the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 , a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
5
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within sub-paragraph (1)(c) to (f), or (2)(e) or (f) of regulation 4 (receipt of certified eligibility form, agreement to notify cessation of attendance, direct credit and debit agreement, date of loan agreement, breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
6
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the North and Central London (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 10th October 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
any reference to Brent, to Ealing or to Harrow is a reference to the London borough of that name;
“Chelsea” means the Royal Borough of Kensington and Chelsea in Greater London;
“the map” means one or more of the 8 maps prepared by the Department of the Environment, marked “Maps of the North and Central London (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“ward” means a ward of a London borough ; and
“Westminster” means the city of Westminster in Greater London.
Transfers from Brent to Ealing
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Brent, and from the ward named in column 3 to Ealing, to the Ealing petty sessional area and to the Western London coroner’s district.
TABLE
(1) Area marked — (2)
On map — (3) Transferred from Brent, and from the following ward — B7 3 Alperton B6 8 B4 & B5 8 Barham B8 4 Stonebridge B9 & B10 5
Consequential changes to wards in Ealing, and creation of new Horsenden ward in that borough
4
1
The following changes shall be made to wards in Ealing —
a
the area marked B8 on map 4 shall be transferred to the Hanger Lane ward;
b
the areas marked B7 on map 3 and B6 on map 8 shall be transferred to the Perivale ward; and
c
those marked B9 and B10 on map 5 shall be transferred to the Victoria ward.
2
There shall be created in Ealing a new ward, to be named Horsenden ward, and consisting of the following areas shown on map 8 —
a
the parts of the Barham ward of Brent marked B4 and B5 (transferred to Ealing by article 3); and
b
the part of the Perivale ward of Ealing marked DW2.
3
From 1st April 1994 until 9th May 1994, the new Horsenden ward of Ealing shall be represented by the persons who, immediately before 1st April 1994, represented the Perivale ward of that borough; thereafter, the new ward shall be represented by 2 borough councillors.
4
Elections for the councillors for the new ward shall be held on 5th May 1994, and the councillors then elected shall come into office on 9th May 1994, retiring on the fourth day after the ordinary day of election of councillors in 1998.
5
From 5th May 1994, the number of councillors representing the Perivale ward of Ealing shall be reduced from 3 to 2.
Consequential changes to wards in Brent
5
1
The area marked DW1 on map 8 shall be transferred from the Barham ward of Brent to the Sudbury ward of that borough.
2
The number of borough councillors representing the Sudbury ward shall be increased from 2 to 3, and the number of such councillors representing the Barham ward shall be reduced from 3 to 2.
Transfer from Ealing to Brent
6
The area which is marked B11 on map 5 shall be transferred from Ealing, and from the Victoria ward to Brent, to the Stonebridge ward, to the Brent petty sessional area, and to the Northern London coroner’s district.
Transfers between Brent and Harrow
7
1
The areas which are marked B1 on map 1 and B2 on map 2 shall be transferred from Brent, and from the Queensbury ward to Harrow, to the Stanmore South ward, and to the Harrow Gore petty sessional area.
2
The area which is marked B3 on map 2 shall be transferred from Harrow, and from the Stanmore South ward to Brent, to the Queensbury ward, and to the Brent petty sessional area.
Transfers from Brent to Westminster
8
The area which is marked B12 on map 6 shall be transferred from Brent, and from the Carlton ward to Westminster, to the Maida Vale ward and to the North Westminster petty sessional area and the Inner West London coroner’s district.
Transfer from Chelsea to Brent
9
The area which is marked B13 on map 7 shall be transferred from Chelsea, and from the St. Charles ward to Brent, to the Kensal Rise ward, and to the Brent petty sessional area and the Northern London coroner’s district.
Town and country planning
10
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
24th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st April 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 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Cornwall Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Cornwall Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Penrice Hospital, Porthpean Road, St. Austell, Cornwall PL26 6AD and associated hospitals;
b
to manage community health services provided from Trust Headquarters, Porthpean Road, St. Austell, Cornwall PL26 6AD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
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.
Virginia Bottomley
Secretary of State for Health
19th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 34 of the principal Regulations
2
In regulation 34(2) of the principal Regulations (payments to doctors), for paragraph (p) there shall be substituted the following paragraphs–
p
payments in respect of health promotion programmes or clinics approved by the FHSA ;
pp
payments in respect of disease management programmes approved by the FHSA;
.
Amendment of Schedule 2 to the principal Regulations
3
In Schedule 2 to the principal Regulations (terms of service for doctors)–
a
in paragraph 15 (patients not seen within 3 years)–
i
for sub-paragraph (1) there shall be substituted the following sub- paragraph–
1
Subject to sub-paragraph (2), where a patient who–
a
has attained the age of 16 years but has not attained the age of 75 years; and
b
within the preceding 3 years has attended neither a consultation with, nor a clinic provided by, any doctor in the course of his provision of general medical services,
requests a consultation for the purposes of assessing whether he needs personal medical services, a doctor shall in addition to and without prejudice to any other obligation under these terms of service, provide such a consultation.
,
ii
sub-paragraph (3) shall be omitted, and
iii
in sub-paragraph (4), for “Where a patient agrees to participate in a consultation mentioned in sub-paragraph (i)”, there shall be substituted “Where a doctor provides a consultation mentioned in sub-paragraph (1)”;
b
in paragraph 38 (fees) there shall be added at the end the following paragraph–
n
pursuant to an arrangement with him for the provision of services in accordance with regulation 23 of the National Health service (Fund- holding Practices) Regulations 1993 .
; and
c
in paragraph 50 (annual reports) for paragraph (2) there shall be substituted the following paragraph–
2
An annual report shall contain–
a
the information specified in Schedule 13, paragraphs (1) and (2);
b
where the FHSA, having considered whether the information is available to it from another source and having consulted the Local Medical Committee, so requests, the information specified in Schedule 13, paragraph (3); and
c
where the FHSA so requests, in the case of a doctor who is not already supplying that information to the FHSA in order to qualify for payments in respect of health promotion or disease management, the information specified in Schedule 13, paragraph (4).
Amendment of Schedule 9 to the principal Regulations
4
In Schedule 9 to the principal Regulations (list of prescribed medical certificates), after paragraph 11 there shall be added the following paragraph–
12
To support a claim by or on behalf of a severely mentally impaired person for exemption from liability to pay the Council Tax or eligibility for a discount in respect of the amount of Council Tax payable.
Local Government Finance Act 1992
Amendment of Schedule 13 to the principal Regulations
5
For Schedule 13 to the principal Regulations (information to be provided in annual reports) there shall be substituted the Schedule 13 set out in the Schedule to these Regulations.
Application of Regulations
6
The amendments contained in regulations 3(c) and 5 shall not apply to annual reports compiled in respect of the period of 12 months ending on 31st March 1993.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
8th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Lerwick Harbour Revision Order 1993 and shall come into force on 22nd September 1993.
2
The Lerwick Harbour Acts and Orders 1877 to 1989 and this Order may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1993 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively —
“deposited plan”and “deposited sections” mean respectively the plan and sections contained in one document prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “I certify that this is the plan and sections referred to in Article 2 of the Lerwick Harbour Revision Order 1993” of which one is deposited at the offices of the Department of Transport and one at the principal office of the Trustees;
“harbour” means the port and harbour of Lerwick as defined by the Harbour Acts and Orders and shall also include the works authorised by this Order;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“the Trustees” means the Trustees of the harbour for the time being acting under the Harbour Acts and Orders;
“undertaking” means the undertaking of the Trustees as for the time being authorised;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
Power to construct works
3
1
Subject to the provisions of this Order the Trustees may in the Shetland Islands Area in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and deposited sections construct and maintain the works hereinafter described together with all necessary and proper works and conveniences connected therewith or incidental thereto, that is to say: —
The demolition of the existing timber pier at Heogan on the Island of Bressay, a regrading of the existing and adjoining breastwork structure and the construction of a new pier of open work construction forty metres in length and constructed of tubular steel piling and a deck of steel reinforced concrete commencing at a point A1 on the said plan at the concrete faced breastwork at Heogan in the Island of Bressay. From A1 the pier proceeds in a westerly direction for a distance of 25 metres or thereabouts to point A2, thence in a south westerly direction for a distance of 7 metres or thereabouts to point A3, thence in a southerly direction for a distance of 5 metres or thereabouts to point A4, thence in a westerly direction for a distance of 10 metres or thereabouts to point A5, thence in a northerly direction for a distance of 30 metres or thereabouts to point A6, thence in an easterly direction for a distance of 10 metres or thereabouts to point A7, thence in a southerly direction for a distance of 5 metres or thereabouts to point A8, thence in a south easterly direction for a distance of 7 metres or thereabouts to point A9, thence in an easterly direction for a distance of 25 metres or thereabouts to the termination point at A10. A line of steel fender piles between points A5 and A6 shall be installed.
2
The Trustees may within the limits of deviation reconstruct, renew or alter temporarily or permanently the works.
Incorporation of provisions of the Order of 1971
4
1
Subject to paragraph (2) below the following provisions of the Lerwick Harbour Order 1971 are incorporated with and form part of this Order: —
Section 4 (Subsidiary works);
Section 6 (Fine for obstructing works);
Section 7 (Tidal works not to be executed without approval of Secretary of State);
Section 8 (Survey of tidal works);
Section 9 (Provision against danger to navigation);
Section 10 (Abatement of works abandoned or decayed);
Section 11 (Lights on tidal works during construction); Section 12 (Permanent lights on tidal works).
2
For the purposes of this Order the said Order of 1971 shall have effect subject to the following amendments —
a
in subsection (1) of section 6 after the word “exceeding” there shall be added the words “level 3 on the standard scale” and the words “five pounds” shall be deleted;
b
in subsections (1) and (2) of section 7 after the word “constructed” there shall be added the word “reconstructed” and the word “enlarged” shall be deleted;
c
in section 11(1) after the word “construction” there shall be added the word “reconstruction” and the word “enlargement” shall be deleted;
d
at the end of sections 9, 11 and 12 there shall be deleted the words “one hundred pounds” and there shall be added the words “the statutory maximum and on conviction on indictment to a fine”.
Power to deviate
5
Subject to the provisions of this Order, in the construction of the works the Trustees may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the level of the work shown on the deposited sections to any extent not exceeding 2 metres upward or downward.
Crown rights
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Trustees or any licensee of the Trustees to take, use, enter upon or in any manner interfere with any land or interest in land, or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under subsection (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
1st September 1993


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Leasehold Reform) Rules 1993 and shall come into force on 1st January 1994.
Statement to be inserted in a conveyance or transfer
2
The statement required by section 34(10) of the Leasehold Reform, Housing and Urban Development Act 1993 to be inserted into any conveyance executed for the purposes of Chapter I of Part I of that Act shall be in the following form:
This conveyance [or transfer] is executed for the purposes of Chapter I of Part I of the Leasehold Reform, Housing and Urban Development Act 1993.
Statement to be inserted in a lease
3
The statement required by section 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 to be inserted into any new lease granted under section 56 of that Act shall be in the following form:
This lease is granted under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993.
Mackay of Clashfern, C.
Dated 6th December 1993


text:
Title and commencement
1
These Regulations may be cited as the Bananas (Interim Measures) (Revocation) Regulations 1993 and shall come into force on 7th October 1993.
Revocation
2
The Bananas (Interim Measures) Regulations 1992 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
3rd September 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th September 1993


text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire and South Yorkshire (County and District Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order–
“district” includes a city and a metropolitan borough;
“Derbyshire” means the county of Derbyshire, and “North-East Derbyshire” means the Derbyshire district of that name;
“electoral division” means an electoral division of Derbyshire;
“the map” means one of the seven maps prepared by the Department of the Environment, marked “Maps of the Derbyshire and South Yorkshire (County and District Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“South Yorkshire” means the metropolitan county of South Yorkshire, and any reference to Sheffield or to Barnsley is a reference to the South Yorkshire district of that name;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers between Derbyshire (North East Derbyshire) and South Yorkshire (Sheffield)
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Derbyshire, from North East Derbyshire, and from the parish of Eckington to Sheffield, to the ward named in column 3, to the Sheffield petty sessional division and the South Yorkshire (West) coroner’s district, becoming unparished.
1 2 3 Area marked On map Transferred to following ward of Sheffield
A 4 Birley A & C 5 Mosborough A 7 A 6 Norton C 6 Birley
2
The following unparished areas of South Yorkshire and of Sheffield–
i
the part of Mosborough ward marked B on map 5; and
ii
the part of Norton ward marked B on map 6; shall be transferred to Derbyshire, and to–
a
North East Derbyshire, the parish of Eckington, the Ridgeway parish ward, and the Ridgeway and Marsh Lane ward; and to
b
the Eckington electoral division, the Chesterfield petty sessional division and the Scarsdale coroner’s district.
Transfers within South Yorkshire between Barnsley and Sheffield
4
1
Each area of Barnsley which is described in column 1 of the following Table shall be transferred to Sheffield, to the parish and parish ward named in column 2, to the ward named in column 3, and to the Sheffield petty sessional division.
1 2 3 Description of area Transferred to the following parish and parish ward To ward of
The part of the parish of Hunshelf marked C on map 1 Stocksbridge (West parish ward) Stocksbridge The part of the parish of Langsett marked B on map 1
The part of the parish of Langsett marked A on map 1 }
The part of the parish of Wortley marked A on map 2 }
Bradfield (Westnall parish ward) South Wortley The part of the parish of Tankersley marked E on map 3 Ecclesfield (Chapeltown parish ward) Chapel Green The part of the parish of Wortley marked C on map 3 Ecclesfield (High Green parish ward) Chapel Green
2
The areas marked A, B and D on map 3 shall be transferred from Sheffield and from the parish of Ecclesfield to Barnsley, to the Penistone East ward, and to the Barnsley petty sessional division. The area marked D shall additionally be transferred to the parish of Tankersley, and the areas marked A and B to the parish of Wortley.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision. Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
22nd February 1993


text:
1
1
This Order may be cited as the Merchant Shipping (Load Lines) Act 1967 (Unregistered Ships) Order 1993 and shall come into force on 3rd September 1993.
2
In this Order “ the Act ” means the Merchant Shipping (Load Lines) Act 1967.
3
The Merchant Shipping (Load Lines) Act 1967 (Unregistered Ships) Order 1991 and the Merchant Shipping (Load Lines) Act 1967 (Unregistered Ships) (Amendment) Order 1992 are hereby revoked.
2
1
For the purposes of section 29 of the Act the Secretary of State specifies the following class of ships, that is to say ships which are —
a
British ships to which the Act applies; and
b
not registered, whether in the United Kingdom or elsewhere; and
c
wholly owned by persons each of whom either is resident in the United Kingdom or is a body corporate which has its principal place of business in the United Kingdom.
2
The Secretary of State directs that in all circumstances the provisions of the Act relating to ships registered in the United Kingdom shall have effect in relation to ships of the class specified in paragraph (1) above as if they were registered in the United Kingdom.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
5th August 1993


text:
Citation and commencement
1
This Order may be cited as the Housing Renovation etc. Grants (Grant Limit) (Amendment) Order 1993 and shall come into force on 14th January 1994.
Amendment
2
In the Housing Renovation etc. Grants (Grant Limit) Order 1993 , for paragraph (a) of the definition of A in article 2 substitute–
a
£20,000 if the dwelling or building is in England and £24,000 if it is in Wales; and
.
Transitional provision
3
This Order shall not have effect in relation to an application for a grant made before this Order comes into force.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State
Department of the Environment
1st November 1993
John Redwood
Secretary of State for Wales
2nd November 1993


text:
1
This Order may be cited as the Further Education (Exclusion of Land from Transfer) Order 1993 and shall come into force on 31st March 1993.
2
1
It is hereby directed that the interests in land described in column (1) of the Schedule to this Order held by the local authorities named in column (2) of that Schedule, together with any rights or liabilities of those authorities related to those interests, shall be excluded from transferring under section 23(2) of the Further and Higher Education Act 1992 to the further education corporations specified in column (3) of that Schedule.
2
The notes to the Schedule to this Order shall have effect for the purpose of conferring rights and imposing liabilities, being rights and liabilities that could have been conferred or imposed by an agreement under section 23(4) of the Further and Higher Education Act 1992.


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1993 and shall come into force on 1st July 1993.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 2) Order 1992 is revoked.
2
For Schedule 2 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 2
european convention on recognition and enforcement of decisions concerning custody of children and on the restoration of custody of children, luxembourg, 20th may 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
Austria — 1st August 1986 Belgium — 1st August 1986 Cyprus — 1st October 1986 Denmark — 1st August 1991 France — 1st August 1986 Germany — 1st February 1991 Greece — 1st July 1993 The Republic of Ireland — 1st October 1991 Luxembourg — 1st August 1986 Netherlands — 1st September 1990 Norway — 1st May 1989 Portugal — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 Switzerland — 1st August 1986
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Sheffield National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service 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 December 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 Sheffield 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 Sheffield 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 Beighton Health Centre for the Care of the Elderly, Sevenailes Road, Beighton S19 6NZ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Brunswick House, 299 Glossop Road, Sheffield S10 2HL and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Sheffield.
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 Sheffield 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 Sheffield 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 Sheffield 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 November 1993


text:
Citation and commencement
1
This Order may be cited as the National Curriculum Council and School Examinations and Assessment Council (Transfer of Property) Order 1993, and shall come into force on 1st October 1993.
Transfer of property etc. to the School Curriculum and Assessment Authority
2
The property, rights and liabilities of the National Curriculum Council and the School Examinations and Assessment Council hereinafter described, being property, rights and liabilities which in the opinion of the Secretary of State need to be transferred to the School Curriculum and Assessment Authority to enable that Authority to carry out their functions properly, shall on 1st October 1993 be transferred and vest as hereinafter provided.
3
There shall vest in the School Curriculum and Assessment Authority —
1
all rights and liabilities of the National Curriculum Council in the company known as NCC Enterprises Limited; and
2
all other property, rights and liabilities whatsoever of the National Curriculum Council (other than rights and liabilities arising under contracts of employment) with the exception of the property, rights and liabilities in respect of —
a
the lease dated 9th April 1984 and made between R T Warren (Investments) Limited of the one part and Hambro Life Assurance Plc of the other part, which was assigned to the National Curriculum Council on 25th July 1989, of its premises at 5a (formerly 13) Museum Street, York;
b
the lease dated 17th July 1989 and made between North York Trading Estates Limited of the one part and the National Curriculum Council of the other part of its premises at North York Trading Estate, Clifton, York;
c
the lease dated 1st May 1991 and made between Pilcher Properties Limited of the one part and the National Curriculum Council of the other part of its premises at Albion Wharf, Skeldergate, York;
and with the exception of the contents of the premises referred to in (a), (b) and (c) above on the date of coming into force of this Order.
4
There shall vest in the School Curriculum and Assessment Authority —
1
all property, rights and liabilities of the School Examinations and Assessment Council in respect of —
a
the lease dated 10th June 1985 and made between The Halcrow Partnership of the one part and the School Curriculum Development Committee of the other part and of the leases dated 10th June 1985 and 25th March 1987 and made, in each case, between The Halcrow Partnership of the one part and the Secondary Examinations Council of the other part, all such property, rights and liabilities in respect of the leases referred to in this sub-paragraph having been vested in the School Examinations and Assessment Council by virtue of articles 3(1) and 4(1) of the School Curriculum Development Committee and Secondary Examinations Council (Transfer of Property) Order 1988 ; and
b
the lease dated 10th June 1983 and made between The Halcrow Partnership of the one part and Joint Marketing and Publishing Services Limited of the other part, which was assigned to the School Examinations and Assessment Council on 29th January 1991; and
c
the underlease dated 22nd July 1987 and made between The Halcrow Partnership of the one part and Joint Marketing and Publishing Services Limited of the other part, which was assigned to the School Examinations and Assessment Council on 29th January 1991; and
d
the lease dated 22nd July 1987 and made between The Halcrow Partnership of the one part and International Management & Engineering Group Limited of the other part, which was assigned to the School Examinations and Assessment Council on 18th February 1992,
of its premises at Newcombe House, 45 Notting Hill Gate, London W1 and all property of the School Examinations and Assessment Council held therein immediately before this Order comes into force exclusively for its purpose shall vest in the School Curriculum and Assessment Authority; and
2
all other property, rights and liabilities whatsoever of the School Examinations and Assessment Council (other than rights and liabilities arising under contracts of employment).
John Patten
Secretary of State for Education
8th September 1993


text:
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1993, shall apply throughout the United Kingdom and shall come into force on 1st April 1993.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires–
“analysis” has, in relation to England, Wales and Scotland, the same meaning as in section 53(1) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;
“controlled wine-sector product” means any wine-sector product whose movement has been prohibited pursuant to regulation 9 of these Regulations;
“county” means in relation to England, a county established by section 1 of the Local Government Act 1972 and in relation to Wales, a county established by section 20 of that Act;
“enforcement authority” means–
in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland;
in relation to the area of a local authority, the local authority.
“establishment” has the same meaning as in Article 1(3) of CouncilRegulation ( EEC ) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts ;
“examination” has, in relation to England, Wales and Scotland, the same meaning as in section 28(2) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
“food analyst” and “food examiner” have, in relation to England, Wales and Scotland, the same meanings as in section 30(9) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meanings as in Articles 30(9) and 31(3) of the Food Safety (Northern Ireland) Order 1991;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts;
“local authority” means–
as respects England, Wales and Scotland a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council for the purposes of the Food Safety (Northern Ireland) Order 1991;
“manufacturing” means using wine or other wine-sector product, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland;
“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company;
“wine” and “wine-sector product” shall include aromatized wine.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91 laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine- product cocktails .
3
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
4
The Common Agricultural Policy (Wine) Regulations 1992 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1992 are hereby revoked.
PART II
GENERAL PROVISIONS
Enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authorities or agencies for the purpose of the enforcement of the Community provisions.
2
For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.
3
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of wine and other wine- sector products within its area.
4
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.
5
The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) of this regulation.
6
Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 laying down detailed rules for the description and presentation of wines and grape musts wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Geographical ascriptions for table wine
5
1
In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine , the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless–
a
that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and
b
that table wine is produced exclusively from grapes harvested in the geographi cal unit the name of which is used for the designation of that table wine.
2
Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine.
3
In paragraph (1)(b) above “geographical unit” means a precisely demarcated area which–
a
is a part of the United Kingdom; and
b
satisfies the definition of “a geographical unit which is smaller than the Member State” in Article 4(1) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts .
4
No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.
5
Notwithstanding paragraph (4) above, the expression “United Kingdom” may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.
Exemptions
6
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts shall not apply to–
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
7
The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89 relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub- paragraph of Article 13(2) thereof.
Powers of authorised officers
8
1
An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) of this regulation may–
a
inspect any materials or articles found in or on that land or vehicle;
b
examine any record, register or document which any person is required to keep under any relevant Community provision or which is in the possession or under the control of any person and which is, or which such authorised officer has reasonable grounds to believe may be, relevant to an offence as described in paragraph (1) above and may take copies of any such record, register or document, or of any entry in any such record, register or document and where any such record, register or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record, register or document and require such record, register or document to be produced in a form in which it may be taken away;
c
retain any such record, register or document which he has reason to believe may be required as evidence in proceedings under these Regulations;
d
undertake stock counts of wine-sector products and of any substances or products which may be used for the preparation of such products; and
e
purchase or take samples of any wine-sector product and of any substances or products which may be used for the preparation of such products.
3
An authorised officer who has procured a sample of any wine-sector product may analyse or examine or have analysed or examined that sample.
4
An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
Control on movement
9
1
Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been or is being committed in respect of it contrary to any relevant Community provision referred to in columns 1 or 2 of Parts I, II , III ,V or IX of Schedule 2 and that there is a risk to public health or there has been any fraudulent treatment of that product.
2
An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing–
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer; and
c
specifying the Community provision in respect of which the officer has reason to believe that an offence has been or is being committed.
3
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
4
An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
Consent to movement
10
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that–
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall–
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
Authorised officer acting in good faith
11
1
An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above, shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.
4
In this regulation “authorised officer” includes a person accompanying him and acting under his instructions.
Power to require analysis or examination
12
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.
PART III
QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Interpretation of Part III
13
1
In this Part–
“Regulation 823/87” means Council Regulation (EEC) No. 823/87 laying down special provisions relating to quality wines produced in specified regions ;
“quality wines psr” has the meaning assigned to it by Article 1(2) of Regulation 823/87;
“specified regions” mean, unless the context otherwise requires, Southern Counties and Northern Counties as defined in regulation 14.
2
Other expressions used in this Part have, in so far as the context admits, the same meanings as in Regulation 823/87.
Specified regions
14
1
Subject to paragraph (2) below, the specified regions in the United Kingdom for the purposes of Article 3 of Regulation 823/87 are–
a
Southern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972 , described in Part I of Schedule 4, and
b
Northern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972, described in Part II of Schedule 4.
2
There shall be excluded from the areas described in Part I and Part II of Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
Vine varieties
15
For the purposes of Article 4 of Regulation 823/87, the list of vine varieties of the species Vitis vinifera suitable for producing quality wines psr in the specified regions is specified in Schedule 5.
Minimum natural alcoholic strength
16
The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
Authorization under Article 6(3) of Regulation 823/87
17
Notwithstanding the provisions of the second indent of Article 6(1) of Regulation 823/87, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
Maximum yield
18
For the purposes of Article 11 of Regulation 823/87, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
Analytical test
19
The tests to be carried out for the purposes of the analytical test for quality wines psr produced in the specified regions are specified in Schedule 6.
Additional term of designation
20
For the purposes of Article 15(1) of Regulation 823/87, a quality wine psr produced in a specified region may be described as a wine of “designated origin”.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
21
1
If any person contravenes, or fails to comply with, regulation 5 or any of the relevant Community provisions referred to in Columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable–
a
on summary conviction in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; or
b
on conviction on indictment, to a fine.
2
If any person–
a
contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI , VII or VIII of Schedule 2, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.
Movement of a controlled wine-sector product
22
1
Any person who, knowing a wine-sector product to be a controlled wine- sector product,–
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product,–
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 9(4) shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 10 shall be guilty of an offence.
4
It shall be a defence for a person charged with any offence under this regulation to prove that–
a
when the power conferred by regulation 9(1) was exercised, no offence had been or was being committed in respect of the wine-sector product concerned; and
b
that there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
Obstruction
23
Any person who–
a
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) acting in the execution of these Regulations; or
b
fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations
shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
Offences by Officers of bodies corporate
24
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence of due diligence
25
In any proceedings for an offence under regulation 21 or 23(b) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
4th March 1993.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
4th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Darlington Memorial Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Darlington Memorial Hospital 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 Darlington Memorial Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Darlington Memorial Hospital, Hollyhurst Road, Darlington, County Durham DL3 6HX and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South 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 premises to the trust.
2
The South 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 South 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:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1993 and shall come into force on 2nd January 1994.
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended in accordance with the provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
Table
(1) (2) (3) Regulation Existing Amount Substituted Amount
46(2)(a) £136.50 £129.00 46(2)(b)(i) £136.50 £129.00 46(2)(b)(ii) £16.30 £15.40 50(a) £788.00 £744.70 £74.00 £69.90 50(b) £390.00 £368.60 50(c) £1685.00 £1592.30 57(5) £9.30 £8.80
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1993


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (European Investment Fund) Order 1993. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. The date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1993 and shall come into force on 6th April 1993.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date of “6th April 1992” there shall be substituted the date of “6th April 1993”; and
b
for the sums of “£54” and “£405” there shall be substituted respectively the sums of “£56” and “£420”.
3
In sub-paragraphs (a) and (b) of regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) for the figure “0.4” in each place where it appears there shall be substituted the figure “0.5”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
17th February 1993


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1993 and shall come into force on 15th November 1993.
2
A safety zone is hereby established around each of the installations specified in column 1 of the Schedule hereto (being installations stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co–ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
14th October 1993


text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire and Nottinghamshire (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Transfers from Nottinghamshire (Bassetlaw) to Derbyshire (Bolsover)
2
1
In this article, “the map” means the map prepared by the Department of the Environment, marked “Map of the Derbyshire and Nottinghamshire (County Bound aries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government (Area Changes) Regulations 1976.
2
The areas which are marked A, B and C on the map shall be transferred from the county of Nottinghamshire, the district of Bassetlaw, and the parish of Nether Langwith to —
a
the county of Derbyshire;
b
the Scarcliffe electoral division of that county ;
c
the district of Bolsover;
d
the Scarcliffe North ward of that district ;
e
the parish of Scarcliffe; and to
f
the Chesterfield petty sessional division and the Scarsdale coroner’s district.
Town and country planning
3
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
25th February 1993