text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries and Adjudication) Regulations 1993 and shall come into force on 19th April 1993.
2
In these Regulations, except where the context otherwise requires —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 ;
“the Prescribed Diseases Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
PART II
AMENDMENT OF THE ADJUDICATION REGULATIONS
Amendment of the Adjudication Regulations
2
The Adjudication Regulations shall be amended in accordance with this Part of these Regulations and in this Part a reference to a numbered regulation is to the regulation in the Adjudication Regulations which bears that number.
Amendment of regulation 1
3
In regulation 1(2) (interpretation) —
a
after the definition of “the 1991 Act” there shall be inserted the following definition —
“the Administration Act ” means the Social Security Administration Act 1992;
; and
b
for the definition of “specially qualified adjudicating medical practitioner” there shall be substituted the following definition —
“specially qualified adjudicating medical practitioner” means a specially qualified adjudicating medical practitioner appointed by virtue of section 62 of the Administration Act;
.
Amendment of regulation 29
4
1
Regulation 29 (determination of medical questions) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
any question arising on an application for the review of a decision under —
i
section 47(1) of the Administration Act (decision given in ignorance of, or based on a mistake as to, a material fact); or
ii
section 47(2) of the Administration Act (error of law);
and
b
sub-paragraph (b) shall be omitted.
3
In paragraph (2) —
a
for “,D9 or D10” there shall be substituted “,D9, D10 or D11 ”; and
b
for the words “a special medical board” there shall be substituted the words “a specially qualified adjudicating medical practitioner except where a question mentioned in paragraph (1) arises, in which case it shall be referred to and determined by a special medical board”.
Amendment of regulation 33
5
1
Regulation 33 (disqualification from acting as an adjudicating medical authority or as a member thereof or as a member of a medical appeal tribunal) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) at the beginning there shall be inserted the words —
“Subject to paragraphs (1A) and (2) below,”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
A medical practitioner to whom a question has been referred under regulation 42(1) (reference of diagnosis and recrudescence questions for medical report) shall not be precluded from acting as an adjudicating medical practitioner or a specially qualified adjudicating medical practitioner solely by reason of his having prepared, under that regulation, a report on the case of the claimant (whether in relation to the question for determination or otherwise) if he proposes to determine the question in favour of the claimant.
.
4
In paragraph (2) —
a
the words “Notwithstanding the provisions of paragraph (1),” shall be omitted; and
b
for “, D9 or D10” there shall be substituted “, D9, D10 or D11”.
Amendment of regulation 41
6
In regulation 41(2)(b) (application of Part III of the 1975 Act and of the Adjudication Regulations) for “, D9 and D10” there shall be substituted “, D9, D10 and D11”.
Amendment of regulation 42
7
1
Regulation 42 (reference of diagnosis and recrudescence questions for medical report) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for “, D9 and D10” there shall be substituted “, D9, D10 and D11”.
3
In paragraph (3) after the words “a special medical board” there shall be inserted the words “or a specially qualified adjudicating medical practitioner”.
4
In paragraphs (5) and (6) for the words “a medical board” in each place where they occur there shall be substituted the words “an adjudicating medical authority”.
Amendment of regulation 43
8
In regulation 43(2) (procedure on receipt of a medical report) for the words “a medical board for their decision” there shall be substituted the words “an adjudicating medical authority for decision”.
Amendment of regulation 44
9
In regulation 44 (restriction of adjudication officer’s power to determine diagnosis and recrudescence questions) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority” and for the words “the medical board” in paragraph (2) of that regulation there shall be substituted the words “the adjudicating medical authority”.
Amendment of regulation 45
10
In regulation 45 (appeal against decision of adjudication officer) for the words “a medical board”, in each place where they occur, there shall be substituted “an adjudicating medical authority” and for the words “the medical board”, in each place where they occur, there shall be substituted the words “the adjudicating medical authority”.
Amendment of regulation 46
11
In regulation 46 (appeal or reference to a medical appeal tribunal) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.
Amendment of regulation 47
12
In regulation 47 (powers of medical appeal tribunal upon determining the question referred) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.
Amendment of regulation 48
13
In regulation 48 (review of previous assessment following recrudescence decision) for the words “the medical board” there shall be substituted the words “the adjudicating medical authority”.
Amendment of regulation 50
14
In regulation 50(1) (review of decision on diagnosis or recrudescence question) for the words “medical board” where they first occur, there shall be substituted the words “adjudicating medical authority”.
Amendment of regulation 51
15
For regulation 51 (additional provisions relating to the powers and decisions of special medical boards) there shall be substituted the following regulation —
Additional provisions relating to the powers and decisions of specially qualified adjudicating medical practitioners and special medical boards
51
1
Specially qualified adjudicating medical practitioners and special medical boards shall have power to make or cause to be made a radiological examination of the lungs of the claimant and to obtain the report of a radiologist on the case, and to make or cause to be made serological, lung function and such other tests as they consider necessary and to obtain reports upon the results of such tests.
2
Where in respect of a claim for disablement benefit by reason of prescribed disease D1 (pneumoconiosis) or D2 (byssinosis) a specially qualified adjudicating medical practitioner, special medical board or a medical appeal tribunal gives a decision under the foregoing provisions of these Regulations that the claimant is or was suffering from one or other of those diseases —
a
that practitioner, board or tribunal may on the evidence before him or it at the time of that decision, determine also the date from which the claimant has or had suffered from that disease; and
b
notwithstanding the provisions of section 60(1) of the Administration Act (finality of decisions) in making that determination, the practitioner, board or tribunal shall not be bound by any previous decision of an adjudication officer, specially qualified adjudicating medical practitioner or special medical board that the claimant was not suffering from that disease; and
c
any such previous decision, in so far as it is inconsistent with the said determination, shall cease to have effect.
.
PART III
AMENDMENT OF THE PRESCRIBED DISEASES REGULATIONS
Amendment of the Prescribed Diseases Regulations
16
The Prescribed Diseases Regulations shall be amended in accordance with this Part of these Regulations and in this Part a reference to a numbered regulation is to the regulation in the Prescribed Diseases Regulations which bears that number.
Amendment of regulation 1
17
1
Regulation 1(2) (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
After the definition of “the Claims and Payments Regulations” there shall be inserted the following definition —
“adjudicating medical authority” means, as the case may be, an adjudicating medical practitioner, a specially qualified adjudicating medical practitioner, a medical board or a special medical board;
.
3
After the definition of “special medical board” there shall be inserted the following definition —
“specially qualified adjudicating medical practitioner” means a specially qualified adjudicating medical practitioner appointed by virtue of section 62 of the Social Security Administration Act 1992 ;
.
Amendment of regulation 9
18
1
Regulation 9 (re-employment of pneumoconiotics and special provisions for benefit (workmen’s compensation cases)) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) at the end there shall be inserted the words “or a specially qualified adjudicating medical practitioner”.
3
In sub-paragraph (a) of paragraph (2) —
a
after the words “special medical board”, in each place where they occur, there shall be inserted “or the specially qualified adjudicating medical practitioner”; and
b
after the words “to them” there shall be inserted the words “or him”.
4
In sub-paragraph (b) of paragraph (2) after the words “foregoing sub-paragraph by” there shall be inserted the words “a specially qualified adjudicating medical practitioner,”.
5
In sub-paragraph (c) of paragraph (2) after the words “the decision of” there shall be inserted the words “the specially qualified adjudicating medical practitioner,”.
Amendment of regulation 22
19
1
Paragraph (2) of regulation 22 (pneumoconiosis-effects of emphysema and chronic bronchitis) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a) for the words “a medical board” there shall be substituted the words “an adjudicating medical authority”.
3
In sub-paragraph (b) for the words “the medical board” there shall be substituted the words “the adjudicating medical authority”.
Amendment of regulation 23
20
In regulation 23 (reduced earnings allowance-special provision for pneumoconiosis cases) after the words “advice from a special medical board” there shall be inserted the words “or a specially qualified adjudicating medical practitioner”.
Amendment of regulation 27
21
In regulation 27 (further claims in respect of occupational deafness) for the words “a medical board”, in each place where they occur, there shall be substituted the words “an adjudicating medical authority”.
Amendment of regulation 31
22
In regulation 31 (review of assessment for unforeseen aggravation in respect of occupational deafness) for the words “a medical board” there shall be substituted the words “an adjudicating medical authority”.
Amendment of regulation 38
23
1
Regulation 38 (periodical examinations) shall be amended in accordance with the following provisions of this regulation.
2
After the words “special medical board”, in each place where they occur, there shall be inserted the words “or a specially qualified adjudicating medical practitioner”.
3
After the words “such a board” there shall be inserted the words “or practitioner”.
Amendment of regulation 40
24
In paragraph (2) of regulation 40 (conditions of suspension) after the words “special medical board” there shall be inserted the words “or specially qualified adjudicating medical practitioner”.
PART IV
TRANSITIONAL PROVISION
Transitional provision
25
Nothing in these Regulations shall be taken to affect the validity of any reference to, or any proceedings of or any decision of, a medical board if the reference was made, or the proceedings were begun, before the date upon which these Regulations come into force.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
25th March 1993


type: legislation

jurisdiction: UK

text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Cheshire that the new trunk roads are open for through traffic.
2
In this Order:–
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as princi pal roads and is also classified for the purpose of every other enactment and instrument which refers to high ways classified by the Secretary of State;
ii
“the deposited plan” means the plan numbered HA10/1 CNW 326 marked “The A500 Newcastle-under-Lyme To Nantwich Trunk Road (Basford-Hough-Shavington Bypass) (Detrunking) Order 1993” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the new trunk roads to be provided by the Secretary of State in pursuance of the A500 Newcastleunder-Lyme To Nantwich Trunk Road (Basford-HoughShavington Bypass and Slip Road) Order 1993;
iv
“the Trunk Road” means the A500 Newcastle-under-Lyme to Nantwich Trunk Road.
3
This Order shall come into force on 9th June 1993 and may be cited as the A500 Newcastle-under-Lyme To Nantwich Trunk Road (Basford-Hough-Shavington Bypass) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Plowman
Grade 3 Under Secretary North West Region
Department of Transport
14th May 1993.


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


text:
Citation and Commencement
1
These Regulations may be cited as the Insurance Companies (Pension Business) (Transitional Provisions) (Amendment) Regulations 1993 and shall come into force on 31st December 1993.
Interpretation
2
In these Regulations “the principal Regulations ” means the Insurance Companies (Pensions Business) (Transitional Provisions) Regulations 1992 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 4, the following paragraphs shall be substituted for paragraph (2) —
2
The prescribed percentage is 7.5 per cent. for an accounting period ending after 2nd October 1992 and before 1st January 1994.
3
Subject to paragraph (2) above, the prescribed percentage is 12.5 per cent.
.
4
In regulation 6, in paragraph (2), for the word “or” immediately precedingsub-paragraph (c) there shall be substituted the word “and”.
L. J. H. Beighton
S. C. T. Matheson
Two of the Commissioners of Inland Revenue
10th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Addenbrooke’s National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 20th July 1993.
2
In this Order —
“the Authority” means Cambridge Health Authority;
“the Trust” means the Addenbrooke’s National Health Service Trust;
“the trust property” means the items specified in two schedules of trust property prepared by and agreed upon by the Authority and the Trust on 2nd March 1993 which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 20th July 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd June 1993


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (No. 24) Regulations 1993 and shall come into force on 6th April 1993.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Income Tax (Employments) Regulations 1973 .
Amendments to the Principal Regulations
3
In Regulation 26B of the Principal Regulations —
a
after paragraph (3) there shall be inserted —
3A
If tax recoverable from an employee under paragraph (3) of this Regulation does not carry interest under section 88 of the Taxes Management Act 1970 , it shall carry interest in accordance with Regulation 26C from the reckonable date (as defined in that Regulation) until whichever is the earlier of —
a
the date on which payment is made, or
b
the date (if any) immediately before the date on which it begins to carry interest under section 86 of the Taxes Management Act 1970 .
;
b
after paragraph (6) there shall be added —
7
A certificate of the Collector that any amount of interest payable under paragraph (3A) has not been paid to him, or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the sum mentioned in the certificate is unpaid and due to the Crown.
8
Any document purporting to be a certificate within paragraph (7) shall be deemed to be such a certificate until the contrary is proved.
.
4
After Regulation 26B of the Principal Regulations there shall be inserted —
Interest on tax overdue
26C
1
Subject to paragraph (2), where, in relation to the year ended 5th April 1993 or any subsequent year, an employer has not within 14 days after the end of a year paid to the Collector the total net tax deductible by him in respect of all his employees during that year, the tax not so paid shall carry interest at the prescribed rate from the reckonable date until payment.
2
Paragraph (1) above shall not apply to any tax in respect of which a direction under Regulation 26B(2) or (3) has been made.
3
In this Regulation “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 86 of the Taxes Management Act 1970; and where that rate changes on an operative date within the meaning given by Regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
4
In this Regulation “the reckonable date”, in relation to any year, means the 14th day after the end of that year.
5
The tax payable to which paragraph (1) of this Regulation applies shall carry interest from the reckonable date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
6
Interest payable under this Regulation shall be recoverable as if it were an amount of tax which an employer is liable under Regulation 26 or 26A to pay to the Collector.
7
A certificate of the Collector that any amount of interest payable under this Regulation has not been paid to him, or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the sum mentioned in the certificate is unpaid and due to the Crown.
8
Any document purporting to be a certificate within paragraph (7) shall be deemed to be such a certificate until the contrary is proved.
Interest on tax overpaid
26D
1
Where tax in respect of the year ended 5th April 1993 or any subsequent year is repaid to an employer in the circumstances specified in paragraph (2), the tax repaid shall carry interest at the prescribed rate from the relevant time until the order for the repayment is issued.
2
The circumstances specified in this paragraph are where the tax is repaid —
a
after the end of the year following that in respect of which the tax was paid, and
b
after the end of the year in which the tax was paid.
3
In this Regulation “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 of the Income and Corporation Taxes Act 1988 ; and where that rate changes on an operative date within the meaning given by Regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
4
In this Regulation “the relevant time” means —
a
in the case of a repayment of tax which was paid more than twelve months after the end of the year in respect of which the payment was made, the end of the year in which that tax was paid; and
b
in any other case, the end of the year after the year in respect of which the payment was made.
.
5
In Regulation 29 of the Principal Regulations —
a
in paragraph (4) the words “together with interest” to the end shall be omitted;
b
after that paragraph there shall be inserted —
4A
If tax recoverable from an employee under paragraph (4) of this Regulation does not carry interest under section 88 of the Taxes Management Act 1970, it shall be recoverable from the employee together with interest in accordance with —
a
Regulation 29A, in relation to any year not later than the year ended 5th April 1992, from the reckonable date (as defined in that Regulation), or
b
Regulation 26C, in relation to the year ended 5th April 1993 or any subsequent year, from the reckonable date (as defined in that Regulation)
until whichever is the earlier of —
i
the date on which payment is made, or
ii
the date (if any) immediately before the date on which it begins to carry interest under section 86 of the Taxes Management Act 1970.
;
c
after paragraph (5) there shall be added —
6
A certificate of the Collector that any amount of interest payable under paragraph (4A) has not been paid to him, or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the sum mentioned in the certificate is unpaid and due to the Crown.
7
Any document purporting to be a certificate within paragraph (6) shall be deemed to be such a certificate until the contrary is proved.
.
6
In Regulation 29A of the Principal Regulations , in paragraph (1), there shall be inserted after sub-paragraph (b) and the word “and” immediately following it —
ba
the determination does not relate to a year later than the year ended 5th April 1992, and
.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
16th March 1993


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) Regulations 1993 and shall come into force on 26th January 1993.
2
After paragraph (1A) of regulation 29 of the Value Added Tax (General) Regulations 1985 there shall be added the following —
2
The provisions of paragraphs (3), (4), (5) and (6) below shall be used for determining the longer period applicable to taxable persons under this Part.
3
A taxable person who incurs exempt input tax during any tax year shall have applied to him a longer period which shall correspond with that tax year unless he did not incur exempt input tax during his immediately preceding tax year or registration period, in which case his longer period shall —
a
begin on the first day of the first prescribed accounting period in which he incurs exempt input tax; and
b
end on the last day of that tax year,
except where he only incurs exempt input tax in the last prescribed accounting period of his tax year, in which case no longer period shall be applied to him in respect of that tax year.
4
A taxable person who incurs exempt input tax during his registration period shall have applied to him a longer period which shall begin on the first day on which he incurs exempt input tax and end on the day before the commencement of his first tax year.
5
In the case of a taxable person ceasing to be taxable during a longer period applicable to him, that longer period shall end on the day when he ceases to be taxable.
6
The Commissioners may approve in the case of a taxable person who incurs exempt input tax, or a class of such persons, that a longer period shall apply which need not correspond with a tax year.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
26th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Royal Wolverhampton Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Royal Wolverhampton Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at New Cross Hospital, Wolverhampton WV10 0QP 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 Wolverhampton 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 Wolverhampton 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 Wolverhampton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
This Order may be cited as the Education (No. 2) Act 1986 (Amendment) (No. 2) Order 1993 and shall come into force on 10th December 1993.
2
Paragraph 7 of Schedule 3 to the Education (No. 2) Act 1986 shall be amended by the substitution in sub–paragraph (c) of the word “and” for the word “or” after the words “to the committee”.
John Patten
Secretary of State for Education
16th November 1993
John Redwood
Secretary of State for Wales
17th November 1993


text:
1
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) (No.3) Regulations 1993 and shall come into force on 12th July 1993.
2
These Regulations extend only to England and Wales.
2
The Removal and Disposal of Vehicles Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
3
For regulation 5A there shall be substituted the following regulation —
5A
1
Except as provided by regulation 7 of these Regulations where, in the area of a particular local authority, a vehicle —
a
has been permitted to remain at rest or has broken down and remained at rest on a road in Greater London in contravention of a prohibition or restriction contained in an order having effect under —
i
section 6 of the 1984 Act so far as the order designates any parking place; or
ii
section 9 of the 1984 Act so far as the order designates any parking place in an area in respect of which section 65 of the Road Traffic Act 1991 is in force;
iii
section 46 of the 1984 Act so far as the order relates to a parking place in such an area;
b
has been permitted to remain a rest or has broken down and remained at rest on a road outside Greater London in contravention of a prohibition or restriction contained in an order under section 46 of the 1984 Act in circumstances in which an offence would have been committed in respect of the vehicle but for paragraph 1(4)(b) of Schedule 3 to the Road Traffic Act 1991 (permitted parking areas); or
c
has been permitted to remain at rest or has broken down and remained at rest on a road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of, or paragraph 1(4)(a) or 2(4) of Schedule 3 to, the Road Traffic Act 1991 (permitted parking areas or special parking areas),
a parking attendant acting on behalf of the local authority may, subject to the provisions of sections 99 and 100 of the 1984 Act, remove or arrange for the removal of the vehicle from the road to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road.
2
Sub-paragraphs (ii) and (iii) of paragraph (1)(a) and paragraph (1)(b) above shall not apply in relation to a vehicle if —
a
not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking; or
b
not more than 15 minutes have elapsed since the end of any unexpired time (in respect of another vehicle) which is available at the relevant parking meter at the time of parking.
3
This regulation applies only in respect of —
a
a vehicle which is on a road in, and
b
its removal in and to a place in,
England or Wales.
4
In this regulation —
“local authority” has the same meaning as in section 100 of the 1984 Act; and
“parking meter” has the same meaning as in section 46(2)(a) of that Act.
.
Signed by Authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
5th July 1993
John Redwood
Secretary of State for Wales
7th July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Haringey and Islington (London Borough 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
any reference to Haringey or to Islington is a reference to the London borough of that name;
“the map” means the map prepared by the Department of the Environment, marked “Map of the Haringey and Islington (London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers from Haringey to Islington
3
The following areas of Haringey shown on the map
i
the parts of the Crouch End ward marked A, C and E; and
ii
the parts of the South Hornsey ward marked F, H, L, M and N —
shall be transferred to Islington, to the East Central petty sessional area, and to the Inner North London coroner’s district.The areas marked A, C, E, F, H and L shall be transferred to the Highview ward, and those marked M and N to the Tollington ward.
Transfers from Islington to Haringey
4
The following areas of Islington shown on the map
i
the parts of the Highview ward marked B, D, G, J, and K; and
ii
the part of the Tollington ward marked P;
shall be transferred to Haringey, to the Haringey petty sessional area, and to the Northern London coroner’s district.The areas marked B and D shall be transferred to the Crouch End ward, and those marked G, J, K and P to the South Hornsey ward.
Town and Country Planning
5
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
26th May 1993


text:
Citation, commencement and effect
1
These Regulations may be cited as the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) (Amendment) Regulations 1993 and shall come into force on 11th January 1994 but shall take effect as from 14th March 1989.
Interpretation
2
In these Regulations “the principal Regulations ” means the Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 3(5)(a) after the words “posting to” there shall be inserted the words “a foreign branch of the employer or to”.
4
After regulation 6 there shall be inserted —
Modification of paragraph 21 of the Schedule-further provision
6A
1
In the circumstances prescribed in paragraph (2) below, paragraph 21(1) of the Schedule shall be modified so as to substitute for the reference to the limitation of 15 per cent.of the employee’s remuneration for the year in respect of the employment a reference to a limitation of 15 per cent.of what would have been his remuneration for the year in respect of the employment if he had not been temporarily absent throughout, or at any time during, that year.
2
The circumstances prescribed in this paragraph are circumstances where the employee is temporarily absent throughout, or at any time during, a year of assessment and either —
a
is not paid any remuneration in respect of the employment for the period of absence, or
b
is paid a reduced amount of remuneration for that period.
3
In this regulation “temporarily absent” in relation to an employee means that the employee —
a
has a definite expectation that he will return to service in the employment, and
b
does not in the course of his absence become a member of —
i
an approved scheme of another employer who is not a relevant employer, or
ii
a retirement benefits scheme of another employer who is not a relevant employer, which at the time of his becoming a member was before the Board in order for them to decide whether to give approval for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988, or
iii
a personal pension scheme within the meaning of section 630 of the Income and Corporation Taxes Act 1988 other than a scheme which permits the acceptance only of minimum contributions paid as mentioned in section 638(6)(c) of that Act.
5
After regulation 7 there shall be inserted —
Modification of paragraphs 23 and 24 of the Schedule
7A
1
In the circumstances prescribed in paragraph (2) below, paragraphs 23(2) and 24(2) of the Schedule shall be modified so as to substitute for the reference in each of those provisions to years of service a reference to years of service that would have been counted if the employee had remained in employment until his normal retirement date.
2
The circumstances prescribed in this paragraph are circumstances where the employee retires before his normal retirement date as a result of incapacity.
3
In this regulation —
a
“normal retirement date” means the date specified in the rules of the scheme as the date at which the employee will normally retire;
b
“incapacity” means physical or mental deterioration which is sufficiently serious to prevent an employee from following his normal employment or which seriously impairs his earning capacity.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
22nd December 1993


text:
Citation and commencement
1
This Order may be cited as the Water Undertakers (Rateable Values) (Amendment) Order 1993 and shall come into force on the day after the day on which it is made.
Amendment of Order
2
The Water Undertakers (Rateable Values) Order 1989 is amended in accordance with the following provisions of this Order.
Amendment of Part I
3
In article 2 (interpretation), after the definition of “relevant year” there is inserted the following definition —
“the standard formula” means the formula
T + U
where —
T is the amount specified in relation to a class of hereditaments in column 1 of the Schedule; and
U is the recalculation factor applicable to that class determined in accordance with Part IV in respect of the relevant year;
.
Amendment of Part II
4
In Part II (initial rateable values) —
a
for paragraph (b) of article 5 (interpretation) there is substituted the following —
b
T and U have the meanings given in the definition of “the standard formula”.
; and
b
in article 11 (decreasing rateable values) —
i
in paragraph (2), for the words “The rateable value” there are substituted the words “Except in a case to which paragraph (2A) applies, the rateable value”;
ii
after paragraph (2) there is inserted the following —
2A
This paragraph applies to any class of hereditaments included in combined hereditaments within the meaning of Part V.
2B
In a case to which paragraph (2A) applies, article 17 shall apply as if the rateable value of the class in question for the year in which it is first included as mentioned in that paragraph and later years would (but for that article) have been determined in accordance with Part III.
; and
ii
in paragraph (3) for the words “any such year” there are substituted the words “any intermediate year”.
Amendment of Part III
5
In article 12 (general provision for rateable values) for the words “In the case” there are substituted the words “Subject to article 11(2B) and Part V, in the case”.
Special cases
6
After Part IV (annual recalculation of rateable values) there is inserted the following —
PART V
CALCULATION OF RATEABLE VALUES: SPECIAL CASES
Interpretation of Part V
15
In this Part —
“combined hereditaments” means the scheme hereditaments and any other water hereditaments occupied by a scheme transferee;
“Schedule 2 scheme” means a scheme under Schedule 2 to the Water Industry Act 1991;
“scheme hereditaments” means water hereditaments transferred by a Schedule 2 scheme; and
“scheme transferee” means a water undertaker which, in consequence of a Schedule 2 scheme, occupies a class of hereditaments which immediately before the day on which the scheme comes into force are occupied by another water undertaker.
Application of Part V
16
This Part applies for the purpose of determining, as regards any day on which, pursuant to the Central Rating Lists Regulations 1989, combined hereditaments occupied by a scheme transferee are shown in a central rating list, the rateable value (as a whole) of those hereditaments.
Determination of rateable values
17
1
The rateable value (as a whole) of combined hereditaments shall be an amount equal to the aggregate of the amounts which, but for the Schedule 2 scheme, and subject to paragraph (2) below, would have been determined in accordance with Part III, as the rateable value of the classes of hereditaments which constitute the combined hereditaments.
2
For the purposes of determining the recalculation factor applicable in a relevant year, Part IV shall apply as if, in calculating the amount assigned to Y or, in a case to which article 14(3) applies, the number assigned to Z, water supplied by or to the scheme transferee to or by another party to the Schedule 2 scheme were ignored.
.
Michael Howard
Secretary of State for the Environment
12th March 1993
David Hunt
Secretary of State for Wales
15th March 1993


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order–
a
all measurements of distance are measured along the route of the relevant highway; and
b
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purposes of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
c
“the deposited plan” means the plan numbered HA10/YHRO 40, marked “The A63 Trunk Road (Whinny Hagg Lane to Magazine Road) (De-trunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
d
“the new trunk road” means the highways to be constructed by the Secretary of State in pursuance of the A63 Trunk Road (Selby Bypass) Order 1993; ; and
e
“the Trunk Roads” means the (A63) Liverpool-Leeds-Hull Trunk Road and the (A19) East of Snaith-Sunderland Trunk Road.
3
This Order shall come into force on 10th March 1993 and may be cited as the A63 Trunk Road (Whinny Hagg Lane to Magazine Road) (De-trunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
11th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 3) Order 1993 and shall come into force at 18.00 hours on 10th June 1993.
2
In this Order “scallops” means scallops of the class of Pecten maximus , “razor clams” means Ensis s.p.p. , “oysters” means Ostrea edulis and Crassostrea gigas and “relevant time” means one minute past midnight on 10th June 1993.
Designated circumstances
2
In the opinion of the Secretary of State, scallops, razor clams and oysters in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops, razor clams or oysters in the designated area.
Prohibited movement of scallops, razor clams or oysters
5
No person shall move any scallops, razor clams or oysters out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any scallops, razor clams or oysters taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops, razor clams or oysters which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops, razor clams or oysters which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
I.W. Gordon
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
10th June 1993


text:
1
This Order may be cited as the Cranfield Airport (Designation) (Detention and Sale of Aircraft) Order 1993 and shall come into force on 10th May 1993.
2
Cranfield Airport is hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
5th April 1993


text:
1
The length of the Trunk Road described in the schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which this Order comes into force.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered CSE209/1/26/01, marked “The A4 Trunk Road (Reading Eastern Boundary to Maidenhead Thicket) Detrunking Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Rom-ney House, 43 Marsham Street, London SW1P 3PY; and
iii
“the Trunk Road” means the London — Bristol Trunk Road (A4).
3
This Order shall come into force on 1st April 1993 and may be cited as the A4 Trunk Road (Reading Eastern Boundary to Maidenhead Thicket) Detrunking Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
8th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glasgow Community and Mental Health Services National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Glasgow Community and Mental Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Glasgow Community and Mental Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities specified in the Schedule to this Order and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Greater Glasgow Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1993


text:
1
1
This Order may be cited as the Criminal Justice (International Co– operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 1993 and shall come into force on 1st February 1994.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co– operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (“the England and Wales Order ”); and
b
in relation to Northern Ireland, the Criminal Justice (International Co– operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (“the Northern Ireland Order ”).
2
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended, after the entry relating to Montserrat, by the insertion of the following —
Netherlands
a
when a pre–trial financial investigation has been initiated;
b
when the provisional measure has been ordered by an investigating magistrate;
c
when a public prosecutor has requested a pre–trial criminal investigation by an investigating magistrate to be instituted;
d
when a public prosecutor has laid an indictment
.
3
Schedule 2 to the principal Order shall be amended as follows —
a
by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in Schedule 1 to this Order (including where so specified the appropriate authority for a country or territory) and the removal of the entry specifying the appropriate authority for Switzerland; and
b
by the insertion opposite the entry for Switzerland, of the following entry —
“Office federal de la police”.
4
Schedule 3 to the principal Order shall be amended by the insertion at the appropriate places in alphabetical order of the entries for those countries and territories specified in Schedule 2 to this Order (including where so specified the appropriate authority for a country or territory).
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st April 1993.
2
The Value Added Tax (General) Regulations 1985 shall be amended by adding after paragraph (3) of regulation 13 the following —
4
Where a registered taxable person provides a tax invoice relating in whole or in part to a supply the tax upon which is required to be accounted for and paid by the person supplied, on the supplier’s behalf, the supplier shall state that fact, and the amount of tax so to be accounted for and paid, on the tax invoice.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th March 1993


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food Labelling (Amendment) Regulations 1993 and shall come into force on 29th November 1993.
2
These Regulations extend to England and Wales.
Amendment of the Food Labelling Regulations
2
In Schedule 7 to the Food Labelling Regulations 1984 the entries relating to “shandy”, “shandygaff”, “ginger beer shandy”, “cider shandy”, “cider shandygaff” and “cider and ginger beer shandy” shall be deleted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health:
Brian Mawhinney
Minister of State,
Department of Health
3rd November 1993
John Redwood
Secretary of State for Wales
5th November 1993


text:
General
Citation and commencement
1
1
These Regulations may be cited as the Money Laundering Regulations 1993.
2
These Regulations shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations —
“applicant for business” means a person seeking to form a business relationship, or carry out a one-off transaction, with a person who is carrying out relevant financial business in the United Kingdom;
“business relationship” has the meaning given by regulation 3 below;
“Case 1”, “Case 2”, “Case 3” and “Case 4” have the meanings given in regulation 7 below;
“constable” includes a person commissioned by the Commissioners of Customs and Excise;
“European institution” has the same meaning as in Banking Coordination (Second Council Directive) Regulations 1992 ;
“insurance business” means long term business within the meaning of the Insurance Companies Act 1982 ;
“the Money Laundering Directive” means the Council Directive on prevention of the use of the financial system for the purpose of money laundering ( No. 91/308/ EEC ) ;
“one-off transaction” means any transaction other than a transaction carried out in the course of an established business relationship formed by a person acting in the course of relevant financial business;
“relevant financial business” has the meaning given by regulation 4 below; and
“supervisory authority” has the meaning given by regulation 15 below.
2
In these Regulations “ecu” means the european currency unit as defined in article 1 of Council Regulation No. 3180/78/EEC ; and the exchange rates as between the ecu and the currencies of the member States to be applied for each year beginning on 31st December shall be the rates applicable on the last day of the preceding October for which rates for the currencies of all the member States were published in the Official Journal of the Communities.
3
In these Regulations, except in so far as the context otherwise requires, “money laundering” means doing any act which constitutes an offence under —
a
section 23A or 24 of the Drug Trafficking Offences Act 1986 (which relate to the handling etc of proceeds of drug trafficking);
b
section 42A or 43 of the Criminal Justice (Scotland) Act 1987 (which relate to the handling etc of proceeds of drug trafficking);
c
section 93A, 93B or 93C of the Criminal Justice Act 1988 (which relate to the handling etc of proceeds of certain other criminal conduct);
d
section 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which relates to financial assistance for terrorism);
e
section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
f
Article 29 or 30 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (which relate to the handling etc of proceeds of drug trafficking);
g
section 53 or 54 of the Northern Ireland (Emergency Provisions) Act 1991 (which relate to the handling etc of proceeds of terrorist-related activities); or
h
any provision, whenever made, which has effect in Northern Ireland and corresponds to any of the provisions mentioned in sub-paragraph (a) or (c) above;
or, in the case of an act done otherwise than in England and Wales, Scotland or, as the case may be, Northern Ireland would constitute such an offence if done in England and Wales, Scotland or Northern Ireland.
4
The reference in paragraph (3) above to doing any act which would constitute an offence under the provisions mentioned in sub-paragraph (c) of that paragraph shall, for the purposes of these Regulations, be construed as a reference to doing any act which would constitute an offence under those provisions if, for the definition of “criminal conduct” in section 93A(7) of the Criminal Justice Act 1988, there were substituted —
7
In this Part of this Act “criminal conduct” means —
a
conduct which constitutes an offence to which this Part of this Act applies; or
b
conduct which —
i
would constitute such an offence if it had occurred in England and Wales or (as the case may be) Scotland; and
ii
contravenes the law of the country in which it occurred.
.
5
For the purposes of these Regulations, any provision having effect in Northern Ireland which corresponds to the provisions referred to in paragraph (3)(c) above shall be construed as if it had been amended by a provision which corresponds to paragraph (4) above, with appropriate modifications.
6
For the purposes of this regulation, a business relationship formed by any person acting in the course of relevant financial business is an established business relationship where that person has obtained, under procedures maintained by him in accordance with regulation 7 below, satisfactory evidence of the identity of the person who, in relation to the formation of that business relationship, was the applicant for business.
Business relationships
3
1
Any reference in this regulation to an arrangement between two or more persons is a reference to an arrangement in which at least one person is acting in the course of a business.
2
For the purposes of these Regulations, “business relationship” means any arrangement between two or more persons where —
a
the purpose of the arrangement is to facilitate the carrying out of transactions between the persons concerned on a frequent, habitual or regular basis; and
b
the total amount of any payment or payments to be made by any person to any other in the course of that arrangement is not known or capable of being ascertained at the time the arrangement is made.
Relevant financial business
4
1
For the purposes of these Regulations, “relevant financial business” means, subject to paragraph (2) below, the business of engaging in one or more of the following —
a
deposit-taking business carried on by a person who is for the time being authorised under the Banking Act 1987 ;
b
acceptance by a building society of deposits made by any person (including the raising of money from members of the society by the issue of shares);
c
business of the National Savings Bank;
d
business carried on by a credit union within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ;
e
any home regulated activity carried on by a European institution in respect of which the requirements of paragraph 1 of Schedule 2 to the Banking Coordination (Second Council Directive) Regulations 1992 have been complied with;
f
investment business within the meaning of the Financial Services Act 1986 ;
g
any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of National Savings;
h
any of the activities in points 1 to 12, or 14, of the Annex to the Second Banking Coordination Directive (the text of which is, for convenience of reference, set out in the Schedule to these Regulations), other than an activity falling within sub-paragraphs (a) to (g) above;
i
insurance business carried on by a person who has received official authorisation pursuant to Article 6 or 27 of the First Life Directive.
2
A business is not relevant financial business in so far as it consists of —
a
any of the following activities carried on by a society registered under the Industrial and Provident Societies Act 1965 —
i
the issue of withdrawable share capital within the limit set by section 6 of that Act ; or
ii
the acceptance of deposits from the public within the limit set by section 7(3) of that Act ;
b
the issue of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 by a society registered under that Act;
c
activities carried on by the Bank of England;
d
in relation to any person who is an exempted person for the purposes of section 45 of the Financial Services Act 1986 (miscellaneous exemptions for holders of certain judicial and other offices), such of the activities as are specified in that section in relation to that person; or
e
in relation to any person who is an exempted person for the purposes of any order made under section 46 of the Financial Services Act 1986 which was made before the date on which these Regulations come into force, any activities carried on by him or, as the case may be, such of the activities as are specified in such an order in relation to him.
3
For the purposes of paragraph (1)(f) above, any reference in these Regulations to the carrying on of relevant financial business in the United Kingdom shall be construed in accordance with section 1(3) of the Financial Services Act 1986.
4
In this regulation —
“building society” has the same meaning as in the Building Societies Act 1986;
“deposit-taking business” has the same meaning as in the Banking Act 1987;
“the First Life Directive” means the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance (No. 79/267/EEC ) ; and
“the Second Banking Coordination Directive” means the Second Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (No. 89/646/EEC ) .
Systems and training to prevent money laundering
Systems and training to prevent money laundering
5
1
No person shall, in the course of relevant financial business carried on by him in the United Kingdom, form a business relationship, or carry out a one-off transaction, with or for another unless that person —
a
maintains the following procedures established in relation to that business —
i
identification procedures in accordance with regulations 7 and 9 below;
ii
record-keeping procedures in accordance with regulation 12 below;
iii
except where the person concerned is an individual who in the course of relevant financial business does not employ or act in association with any other person, internal reporting procedures in accordance with regulation 14 below; and
iv
such other procedures of internal control and communication as may be appropriate for the purposes of forestalling and preventing money laundering;
b
takes appropriate measures from time to time for the purposes of making employees whose duties include the handling of relevant financial business aware of —
i
the procedures under sub-paragraph (a) above which are maintained by him and which relate to the relevant financial business in question, and
ii
the enactments relating to money laundering; and
c
provides such employees from time to time with training in the recognition and handling of transactions carried out by, or on behalf of, any person who is, or appears to be, engaged in money laundering.
2
Any person who contravenes this regulation shall be guilty of an offence and liable —
a
on conviction on indictment, to imprisonment not exceeding a term of two years or a fine or both;
b
on summary conviction, to a fine not exceeding the statutory maximum.
3
In determining whether a person has complied with any of the requirements of paragraph (1) above, a court may take account of —
a
any relevant supervisory or regulatory guidance which applies to that person;
b
in a case where no guidance falling within sub-paragraph (a) above applies, any other relevant guidance issued by a body that regulates, or is representative of, any trade, profession, business or employment carried on by that person.
4
In proceedings against any person for an offence under this regulation, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
5
In this regulation —
“enactments relating to money laundering” means the enactments referred to in regulation 2(3) above and the provisions of these Regulations; and
“supervisory or regulatory guidance” means guidance issued, adopted or approved by a supervisory authority.
Offences by bodies corporate, partnerships and unincorporated associations
6
1
Where an offence under regulation 5 above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other 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 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 the members, 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 a body corporate.
3
Where an offence under regulation 5 above committed by a partnership, or by an unincorporated association other than a partnership, is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Identification procedures
Identification procedures; business relationships and transactions
7
1
Subject to regulations 8 and 10 below, identification procedures maintained by a person are in accordance with this regulation if in Cases 1 to 4 set out below they require, as soon as is reasonably practicable after contact is first made between that person and an applicant for business concerning any particular business relationship or one-off transaction —
a
the production by the applicant for business of satisfactory evidence of his identity; or
b
the taking of such measures specified in the procedures as will produce satisfactory evidence of his identity;
and the procedures are, subject to paragraph (6) below, in accordance with this regulation if they require that where that evidence is not obtained the business relationship or one-off transaction in question shall not proceed any further.
2
Case 1 is any case where the parties form or resolve to form a business relationship between them.
3
Case 2 is any case where, in respect of any one-off transaction, any person handling the transaction knows or suspects that the applicant for business is engaged in money laundering, or that the transaction is carried out on behalf of another person engaged in money laundering.
4
Case 3 is any case where, in respect of any one-off transaction, payment is to be made by or to the applicant for business of the amount of ecu 15,000 or more.
5
Case 4 is any case where, in respect of two or more one-off transactions —
a
it appears at the outset to a person handling any of the transactions —
i
that the transactions are linked, and
ii
that the total amount, in respect of all of the transactions, which is payable by or to the applicant for business is ecu 15,000 or more; or
b
at any later stage, it comes to the attention of such a person that paragraphs (i) and (ii) of sub-paragraph (a) above are satisfied.
6
The procedures referred to in paragraph (1) above are in accordance with this regulation if, when a report is made in circumstances falling within Case 2 (whether in accordance with regulation 14 or directly to a constable), they provided for steps to be taken in relation to the one-off transaction in question in accordance with any directions that may be given by a constable.
7
In these Regulations references to satisfactory evidence of a person’s identity shall be construed in accordance with regulation 11(1) below.
Payment by post etc.
8
1
Where satisfactory evidence of the identity of an applicant for business would, apart from this paragraph, be required under identification procedures in accordance with regulation 7 above but —
a
the circumstances are such that a payment is to be made by the applicant for business; and
b
it is reasonable in all the circumstances —
i
for the payment to be sent by post or by any electronic means which is effective to transfer funds; or
ii
for the details of the payment to be sent by post, to be given on the telephone or to be given by any other electronic means;
then, subject to paragraph (2) below, the fact that the payment is debited from an account held in the applicant’s name at an institution mentioned in paragraph (4) below (whether the account is held by the applicant alone or jointly with one or more other persons) shall be capable of constituting the required evidence of identity.
2
Paragraph (1) above shall not have effect to the extent that —
a
the circumstances of the payment fall within Case 2; or
b
the payment is made by any person for the purpose of opening a relevant account with an institution falling within paragraph (4)(a) or (b) below.
3
For the purposes of paragraph (1)(b) above, it shall be immaterial whether the payment or its details are sent or given to a person who is bound by regulation 5(1) above or to some other person acting on his behalf.
4
The institutions referred to in paragraph (1) above are —
a
an institution which is for the time being authorised by the Bank of England under the Banking Act 1987 or by the Building Societies Commission under the Building Societies Act 1986 ;
b
a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 ; or
c
any other institution which is an authorised credit institution.
5
For the purposes of this regulation —
“authorised credit institution” means a credit institution, as defined in Article 1 of the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions ( 77/780/EEC ) , which is authorised to carry on the business of a credit institution by a competent authority of a member state; and
“relevant account” means an account from which a payment may be made by any means to a person other than the applicant for business, whether such a payment —
may be made directly to such a person from the account by or on behalf of the applicant for business; or
may be made to such a person indirectly as a result of —
a direct transfer of funds from an account from which no such direct payment may be made to another account, or
a change in any of the characteristics of the account.
Identification procedures; transactions on behalf of another
9
1
This regulation applies where, in relation to a person who is bound by regulation 5(1) above, an applicant for business is or appears to be acting otherwise than as principal.
2
Subject to regulation 10 below, identification procedures maintained by a person are in accordance with this regulation if, in a case to which this regulation applies, they require reasonable measures to be taken for the purpose of establishing the identity of any person on whose behalf the applicant for business is acting.
3
In determining, for the purposes of paragraph (2) above, what constitutes reasonable measures in any particular case regard shall be had to all the circumstances of the case and, in particular, to best practice which, for the time being, is followed in the relevant field of business and which is applicable to those circumstances.
4
Without prejudice to the generality of paragraph (3) above, if the conditions mentioned in paragraph (5) below are fulfilled in relation to an applicant for business who is, or appears to be, acting as an agent for a principal (whether undisclosed or disclosed for reference purposes only) it shall be reasonable for a person bound by regulation 5(1) above to accept a written assurance from the applicant for business to the effect that evidence of the identity of any principal on whose behalf the applicant for business may act in relation to that person will have been obtained and recorded under procedures maintained by the applicant for business.
5
The conditions referred to in paragraph (4) above are that, in relation to the business relationship or transaction in question, there are reasonable grounds for believing that the applicant for business —
a
acts in the course of a business in relation to which an overseas regulatory authority exercises regulatory functions; and
b
is based or incorporated in, or formed under the law of, a country other than a member State in which there are in force provisions at least equivalent to those required by the Money Laundering Directive.
6
In paragraph (5) above, “overseas regulatory authority” and “regulatory functions” have the same meaning as in section 82 of the Companies Act 1989 .
Identification procedures; exemptions
10
1
Subject to paragraph (2) below, identification procedures under regulations 7 and 9 above shall not require any steps to be taken to obtain evidence of any person’s identity —
a
where there are reasonable grounds for believing that the applicant for business is a person who is bound by the provisions of regulation 5(1) above;
b
where there are reasonable grounds for believing that the applicant for business is otherwise a person who is covered by the Money Laundering Directive;
c
where any one-off transaction is carried out with or for a third party pursuant to an introduction effected by a person who has provided an assurance that evidence of the identity of all third parties introduced by him will have been obtained and recorded under procedures maintained by him, where that person identifies the third party and where —
i
that person falls within sub-paragraph (a) or (b) above; or
ii
there are reasonable grounds for believing that the conditions mentioned in regulation 9(5)(a) and (b) above are fulfilled in relation to him;
d
where the person who would otherwise be required to be identified, in relation to a one-off transaction, is the person to whom the proceeds of that transaction are payable but to whom no payment is made because all of those proceeds are directly reinvested on his behalf in another transaction —
i
of which a record is kept, and
ii
which can result only in another reinvestment made on that person’s behalf or in a payment made directly to that person;
e
in relation to insurance business consisting of a policy of insurance in connection with a pension scheme taken out by virtue of a person’s contract of employment or occupation where the policy —
i
contains no surrender clause, and
ii
may not be used as collateral for a loan;
f
in relation to insurance business in respect of which a premium is payable in one instalment of an amount not exceeding ecu 2,500; or
g
in relation to insurance business in respect of which a periodic premium is payable and where the total payable in respect of any calendar year does not exceed ecu 1,000.
2
Nothing in this regulation shall apply in circumstances falling within Case 2.
3
In this regulation “calendar year” means a period of twelve months beginning on 31st December.
Identification procedures; supplementary provisions
11
1
For the purposes of these Regulations, evidence of identify is satisfactory if —
a
it is reasonably capable of establishing that the applicant is the person he claims to be; and
b
the person who obtains the evidence is satisfied, in accordance with the procedures maintained under these Regulations in relation to the relevant financial business concerned, that it does establish that fact.
2
In determining for the purposes of regulation 7(1) above the time span in which satisfactory evidence of a person’s identity has to be obtained, in relation to any particular business relationship or one-off transaction, all the circumstances shall be taken into account including, in particular —
a
the nature of the business relationship or one-off transaction concerned;
b
the geographical locations of the parties;
c
whether it is practical to obtain the evidence before commitments are entered into between the parties or before money passes;
d
in relation to Case 3 or 4, the earliest stage at which there are reasonable grounds for believing that the total amount payable by an applicant for business is ecu 15,000 or more.
Record-keeping procedures
Record-keeping procedures
12
1
Record-keeping procedures maintained by a person are in accordance with this regulation if they require the keeping, for the prescribed period, of the following records —
a
in any case where, in relation to any business relationship that is formed or one-off transaction that is carried out, evidence of a person’s identity is obtained under procedures maintained in accordance with regulation 7 or 9 above, a record that indicates the nature of the evidence and —
i
comprises a copy of the evidence;
ii
provides such information as would enable a copy of it to be obtained; or
iii
in a case where it is not reasonably practicable to comply with paragraph (i) or (ii) above, provides sufficient information to enable the details as to a person’s identity contained in the relevant evidence to be re-obtained; and
b
a record containing details relating to all transactions carried out by that person in the course of relevant financial business.
2
For the purposes of paragraph (1) above, the prescribed period is, subject to paragraph (3) below, the period of at least five years commencing with —
a
in relation to such records as are described in sub-paragraph (a), the date on which the relevant business was completed within the meaning of paragraph (4) below; and
b
in relation to such records as are described in sub-paragraph (b), the date on which all activities taking place in the course of the transaction in question were completed.
3
Where a person who is bound by the provisions of regulation 5(1) above —
a
forms a business relationship or carries out a one-off transaction with another person;
b
has reasonable grounds for believing that that person has become insolvent; and
c
after forming that belief, takes any step for the purpose of recovering all or part of the amount of any debt payable to him by that person which has fallen due;
the prescribed period for the purposes of paragraph (1) above is the period of at least five years commencing with the date on which the first such step is taken.
4
For the purposes of paragraph (2)(a) above, the date on which relevant business is completed is, as the case may be —
a
in circumstances falling within Case 1, the date of the ending of the business relationship in respect of whose formation the record under paragraph (1)(a) above was compiled;
b
in circumstances falling within Case 2 or 3, the date of the completion of all activities taking place in the course of the one-off transaction in respect of which the record under paragraph (1)(a) above was compiled;
c
in circumstances falling within Case 4, the date of the completion of all activities taking place in the course of the last one-off transaction in respect of which the record under paragraph (1)(a) above was compiled;
and where the formalities necessary to end a business relationship have not been observed, but a period of five years has elapsed since the date on which the last transaction was carried out in the course of that relationship, then the date of the completion of all activities taking place in the course of that last transaction shall be treated as the date on which the relevant business was completed.
Record-keeping procedures; supplementary provisions
13
1
For the purposes of regulation 12(3)(b) above, a person shall be taken to be insolvent if, but only if, in England and Wales —
a
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
b
an order has been made with respect to him under section 112, 112A or 112B of the County Courts Act 1984 (administration orders, orders restricting enforcement and administration orders with composition provisions);
c
he has died and his estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986 (insolvent estates of deceased persons); or
d
where that person is a company, a winding up order or an administration order has been made or a resolution for voluntary winding up has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or a voluntary arrangement proposed for the purpose of Part I of the Insolvency Act 1986 has been approved under that Part, or a compromise or arrangement in accordance with section 425 of the Companies Act 1985 has taken effect.
2
For the purposes of regulation 12(3)(b) above, a person shall be taken to be insolvent if, but only if, in Scotland —
a
his estate has been sequestrated, he has granted a trust deed for the benefit of his creditors or he has made a composition or arrangement for the benefit of his creditors; or
b
where that person is a company, a winding up order or an administration order has been made or a resolution for voluntary winding up has been passed with respect to it, or a receiver has been appointed under a floating charge over any property of the company, or a voluntary arrangement proposed for the purpose of Part I of the Insolvency Act 1986 has been approved under that Part, or a compromise or arrangement in accordance with section 425 of the Companies Act 1985 has taken effect.
3
For the purposes of regulation 12(3)(b) above, a person shall be taken to be insolvent if, but only if, in Northern Ireland —
a
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
b
an administration order has been made with respect to him under Article 80 of the Judgements Enforcement (Northern Ireland) Order 1981 (power to make administration order on application of debtor);
c
he has died and his estate falls to be administered in accordance with an order under Article 365 of the Inoslvency (Northern Ireland) Order 1989 (insolvent estates of deceased persons); or
d
where that person is a company, a winding up order or an administration order has been made or a resolution for voluntary winding up has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or a voluntary arrangement proposed for the purpose of Part II of the Insolvency (Northern Ireland) Order 1988 has been approved under that Part, or a compromise or arrangement in accordance with Article 418 of the Companies (Northern Ireland) Order 1986 has taken effect.
4
Where a person bound by regulation 5(1) above —
a
is an appointed representative; and
b
is not —
i
an authorised person within the meaning of the Financial Services Act 1986 ,
ii
authorised under the Building Societies Act 1986 or the Banking Act 1987 , or
iii
a European institution;
it shall be the responsibility of the appointed representative’s principal to ensure that record-keeping procedures in accordance with regulation 12 above are maintained in respect of any relevant financial business carried out by the appointed representative which is investment business carried on by him for which the principal has accepted responsibility in writing under section 44 of the Financial Services Act 1986.
5
Where record-keeping procedures in accordance with regulation 12 above are not maintained in respect of business relationships formed, and one-off transactions carried out, in the course of such relevant financial business as is referred to in paragraph (4) above, an appointed representative’s principal shall be regarded as having contravened regulation 5 in respect of those procedures and he, as well as the appointed representative, shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
6
Section 44(2) of the Financial Services Act 1986 (construction of references to appointed representative, his principal and investment business carried out by an appointed representative) shall apply for the purposes of paragraphs (4) and (5) above as it applies for the purposes of that Act.
Internal reporting procedures
Internal reporting procedures
14
Internal reporting procedures maintained by a person are in accordance with this regulation if they include provision —
a
identifying a person (“the appropriate person”) to whom a report is to be made of any information or other matter which comes to the attention of a person handling relevant financial business and which, in the opinion of the person handling that business, gives rise to a knowledge or suspicion that another person is engaged in money laundering;
b
requiring that any such report be considered in the light of all other relevant information by the appropriate person, or by another designated person, for the purpose of determining whether or not the information or other matter contained in the report does give rise to such a knowledge or suspicion;
c
for any person charged with considering a report in accordance with sub-paragraph (b) above to have reasonable access to other information which may be of assistance to him and which is available to the person responsible for maintaining the internal reporting procedures concerned; and
d
for securing that the information or other matter contained in a report is disclosed to a constable where the person who has considered the report under the procedures maintained in accordance with the preceding provisions of this regulation knows or suspects that another person is engaged in money laundering.
Duty of supervisory authorities to report evidence of money laundering
Supervisory authorities
15
1
References in these Regulations to supervisory authorities shall be construed in accordance with the following provisions.
2
For the purposes of these Regulations, each of the following is a supervisory authority —
a
the Bank of England;
b
the Building Societies Commission;
c
a designated agency within the meaning of the Financial Services Act 1986 ;
d
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
e
a recognised professional body within the meaning of the Financial Services Act 1986;
f
a transferee body within the meaning of the Financial Services Act 1986;
g
a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;
h
the Secretary of State;
i
the Treasury;
j
the Council of Lloyd's;
k
the Director General of Fair Trading;
l
the Friendly Societies Commission;
m
the Chief Registrar of Friendly Societies;
n
the Central Office of the Registry of Friendly Societies;
o
the Registrar of Friendly Societies for Northern Ireland;
p
the Assistant Registrar of Friendly Societies for Scotland.
3
These Regulations apply to the Secretary of State in the exercise, in relation to any person carrying on relevant financial business, of his functions under the enactments relating to insurance companies, companies or insolvency or under the Financial Services Act 1986.
Supervisors etc. to report evidence of money laundering
16
1
Subject to paragraph (2) below, where a supervisory authority —
a
obtains any information; and
b
is of the opinion that the information indicates that any person has or may have been engaged in money laundering,
the authority shall, as soon as is reasonably practicable, disclose that information to a constable.
2
Where any person is a secondary recipient of information obtained by a supervisory authority, and that person forms such an opinion as is mentioned in paragraph (1)(b) above, that person may disclose the information to a constable.
3
Where any person within paragraph (6) below —
a
obtains any information whilst acting in the course of any investigation, or discharging any functions, to which his appointment or authorisation relates; and
b
is of the opinion that the information indicates that any person has or may have been engaged in money laundering,
that person shall, as soon as is reasonably practicable, either disclose that information to a constable or disclose that information to the supervisory authority by whom he was appointed or authorised.
4
Any disclosure made by virtue of the preceding provisions of this regulation shall not be treated as a breach of any restriction imposed by statute or otherwise.
5
Any information —
a
which has been disclosed to a constable by virtue of the preceding provisions of this regulation; and
b
which would, apart from the provisions of paragraph (4) above, be subject to such a restriction as is mentioned in that paragraph;
may be disclosed by the constable, or any person obtaining the information directly or indirectly from him, in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings, but not otherwise.
6
Persons falling within this paragraph are —
a
a person or inspector appointed under section 17 of the Industrial Assurance Act 1923 or section 65 or 66 of the Friendly Societies Act 1992 ;
b
an inspector appointed under section 49 of the Industrial and Provident Societies Act 1965 or section 18 of the Credit Unions Act 1979 ;
c
an inspector appointed under section 431, 432, 442 or 446 of the Companies Act 1985 or under Article 424, 425, 435 or 439 of the Companies (Northern Ireland) Order 1986 ;
d
a person or inspector appointed under section 55 or 56 of the Building Societies Act 1986 ;
e
an inspector appointed under section 94 or 177 of the Financial Services Act 1986 ;
f
a person appointed under section 41 of the Banking Act 1987 ; and
g
a person authorised to require the production of documents under section 44 of the Insurance Companies Act 1982 , section 447 of the Companies Act 1985 , section 106 of the Financial Services Act 1986 , Article 440 of the Companies (Northern Ireland) Order 1986 or section 84 of the Companies Act 1989 .
7
In this regulation “secondary recipient”, in relation to information obtained by a supervisory authority, means any person to whom that information has been passed by the authority.
Transitional provisions
Transitional provisions
17
1
Nothing in these Regulations shall require a person who is bound by regulation 5(1) above to maintain procedures in accordance with regulations 7 and 9 which require evidence to be obtained, in respect of any business relationship formed by him before the date on which these Regulations come into force, as to the identity of the person with whom that relationship has been formed.
2
For the purposes of regulation 2(6) above, any business relationship referred to in paragraph (1) above shall be treated as if it were an established business relationship.
3
In regulation 10(1)(g), the reference to the total payable in respect of any calendar year not exceeding ecu 1,000 shall, for the period commmencing with the coming into force of these regulations and ending with 30th December 1994, be construed as a reference to the total payable in respect of that period not exceeding ecu 750.
Kenneth Clarke
Tim Wood MP
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 1993


text:
Citation and Commencement
1
This order may be cited as the Children (Admissibility of Hearsay Evidence) Order 1993 and shall come into force on 5th April 1993.
Admissibility of hearsay evidence
2
In —
a
civil proceedings before the High Court or a county court; and
b
i
family proceedings, and
ii
civil proceedings under the Child Support Act 1991 in a magistrates' court,
evidence given in connection with the upbringing, maintenance or welfare of a child shall be admissible notwithstanding any rule of law relating to hearsay.
Revocation
3
The Children (Admissibility of Hearsay Evidence) Order 1991 is hereby revoked.
Mackay of Clashfern, C
Dated 3rd March


text:
Citation and Commencement
1
These Regulations may be cited as the St Austell College (Government) Regulations 1993 and shall come into force on 1st April 1993.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “St Austell College” shall be as set out in Schedules 1 and 2 respectively to these Regulations.
John Patten
Secretary of State for Education
17th February 1993


text:
Title and commencement
1
This Order may be cited as the Meat and Livestock Commission Levy (Variation) Scheme (Confirmation) Order 1993 and shall come into force on the day after the day on which it is made.
Confirmation of the Scheme
2
The Scheme which is set out in the Schedule to this Order, is hereby confirmed and shall come into force on the day that this Order comes into force.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st July 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
21st July 1993
John Redwood
Secretary of State for Wales
21st July 1993


text:
1
These Regulations may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Exemption) (Revocation) Regulations 1993 and shall come into force on 2nd February 1993.
2
The Drivers' Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1993 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister for Public Transport,
Department of Transport
31st January 1993


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) (Amendment) Regulations 1993 and shall come into force on 30th July 1993.
Amendment of regulations
2
1
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 shall be amended as follows.
2
In Section 6.9 of Schedule 1 (the treatment and processing of animal or vegetable matter), at the end of the definition of “exempt process” (but before the word “and”) there shall be added the following:
iii
the fleshing, cleaning and drying of pelts of fur-bearing mammals;
.
3
In each of the Tables in paragraphs 4 and 18 of Schedule 3 (period within which an application for an authorisation under section 6 of the Environmental Protection Act 1990 must be made for an existing process), for the date “31st July 1993” in the third column of the entry relating to “Section 4.1, 4.2, 4.7 or 4.8” there shall be substituted “31st October 1993”.
Signed by authority of the Secretary of State
Tim Yeo
Minister of State,
Department of the Environment
13th July 1993
John Redwood
Secretary of State for Wales
13th July 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
13th July 1993