text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax Benefit (General) Amendment Regulations 1993 and shall come into force on 1st April 1993 immediately after the coming into force of article 20 of the Social Security Benefits Up-rating Order 1993 .
2
In these Regulations “the principal Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2 of the principal Regulations (interpretation) —
a
for the definition of “community charge benefit” there shall be substituted the following definition —
“community charge benefit” means community charge benefits under Part VII of the Contributions and Benefits Act 1992 as originally enacted ;
;
b
the definition of “eligible rent” shall be omitted;
c
after the definition of “lone parent” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
;
d
after the definition of “remunerative work” there shall be inserted the following definition —
“rent” means “eligible rent” to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, less any deductions in respect of non-dependants which fall to be made under regulation 63 of those Regulations;
;
e
for the definition of “water charges” there shall be substituted the following definition —
“water charges” means —
as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 ;
as respects Scotland, any water and sewerage charges under Schedule 11 to the 1992 Act;
in so far as such charges are in respect of the dwelling which a person occupies as his home;
;
2
In regulation 2(2) for the words “In Schedule 5” there shall be substituted the words “In these Regulations,”.
Amendment of regulation 10 of the principal Regulations
3
In regulation 10(1)(b) of the principal Regulations (applicable amounts for patients) for the words “regulation 8(a) or (c) or (d)” there shall be substituted the words “regulation 8(b) or (c) or (d)”.
Amendment of regulation 18 of the principal Regulations
4
In regulation 18 of the principal Regulations (disregard of changes in tax, contributions etc. ) in paragraph (c) —
a
for the words “weekly earnings figures” there shall be substituted the words “upper earnings limit”;
b
for the words “that Act;” there shall be substituted the words “that Act, the lower or upper limits applicable to Class 4 contributions under that Act or the amount specified in section 11(4) of that Act (small earnings exception in relation to Class 2 contributions);”.
Amendment of regulation 20 of the principal Regulations
5
In regulation 20(4)(a) of the principal Regulations (calculation of net earnings of employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 21 of the principal Regulations
6
In regulation 21 of the principal Regulations (earnings of self-employed earners) —
a
for the word “Earnings” there shall be substituted the words —
1
Subject to paragraph (2), “earnings”
;
b
after paragraph (1) there shall be added the following paragraph —
2
Earnings shall not include any payment to which paragraph 25 of Schedule 4 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation).
.
Amendment of regulation 23 of the principal Regulations
7
In regulation 23(1) of the principal Regulations (deduction of tax for self-employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 26 of the principal Regulations
8
In regulation 26 of the principal Regulations (notional income) —
a
in paragraph (3)(a) for the words from “eligible rent” to “refers,” there shall be substituted the word “rent”;
b
in paragraph (7)(a) —
i
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
ii
after the words “less than a year” there shall be inserted the words “, the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 27 of the principal Regulations
9
In regulation 27(2) of the principal Regulations (modifications in respect of child or young person) after the words “any income of that child or young person” there shall be inserted the words “, other than income consisting of any payment of maintenance, whether under a court order or not,”.
Amendment of regulation 34 of the principal Regulations
10
In regulation 34(3) of the principal Regulations (notional capital), for the words from “eligible rent” to “refers,” there shall be substituted the word “rent”.
Amendment of regulation 35 of the principal Regulations
11
1
Regulation 35 of the principal Regulations (diminishing notional capital rule) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (d) for the words “(notional capital).” there shall be substituted the words “(notional capital); and”;
b
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
where the claimant has also claimed disability working allowance, the amount of disability working allowance or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital) .
.
3
In paragraph (4) —
a
at the end of sub-paragraph (c) the word “and” shall be omitted;
b
at the end of sub-paragraph (d) for the words “obtained by 7.” there shall be substituted the words “obtained by 7; and”;
c
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
if the claimant would, but for regulation 37(1) of the Disability Working Allowance (General) Regulations 1991 (notional capital), have been entitled to disability working allowance or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 38(8)(a) of those Regulations (diminishing notional capital rule), which includes the last day of the relevant week, an amount equal to —
i
in a case where no disability working allowance is payable, the amount to which he would have been so entitled, or
ii
in any other case, the additional amount of disability working allowance to which he would have been so entitled.
.
Amendment of regulation 42 of the principal Regulations
12
In regulation 42(2)(g) of the principal Regulations (payments towards the cost of books to be disregarded from a student’s grant income) for the amount “£257” there shall be substituted the amount “£267”.
Amendment of regulation 51 of the principal Regulations
13
In regulation 51(2)(b) of the principal Regulations (maximum council tax benefit) for the words “paragraph 6” there shall be substituted the words “paragraphs 6 and 7”.
Amendment of regulation 52 of the principal Regulations
14
In regulation 52(9) of the principal Regulations (non-dependant deductions) for the words “any attendance allowance or disability living allowance received by him” there shall be substituted the words —
—
a
any attendance allowance or disability living allowance received by him;
b
any payment made under the Trusts, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and
c
any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).
.
Amendment of regulation 55 of the principal Regulations
15
In regulation 55 of the principal Regulations (residents of a dwelling to whom section 131(6) of the Contributions and Benefits Act 1992 does not apply) —
a
in paragraph (b) for the words from “and neither member” to the end of the paragraph, there shall be substituted the words —
and —
i
in the case of a couple, neither member of that couple is a person who, in accordance with Schedule 1 to the 1992 Act, falls to be disregarded for the purposes of discount, or
ii
in the case of a polygamous marriage, two or more members of that marriage are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount;
;
b
in paragraph (d) for the words from “where none or only one” to the end of the paragraph, there shall be substituted the words “and two or more of those persons are not persons who, in accordance with Schedule 1 to the 1992 Act, fall to be disregarded for the purposes of discount,”.
Amendment of regulation 59 of the principal Regulations
16
In regulation 59(7) of the principal Regulations (date on which change of circumstances is to take effect) for the words “paragraph (2), (3), (5) or (6)” there shall be substituted the words “the appropriate paragraph from (2) to (6)”.
Amendment of regulation 61 of the principal Regulations
17
In regulation 61(5) of the principal Regulations (appointment of persons to act on behalf of another) for the words “for the purposes of section 6(1)(g) of the Administration Act 1992” there shall be substituted the words “under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act) ”.
Amendment of regulation 63 of the principal Regulations
18
In regulation 63(3) of the principal Regulations (evidence and information) after sub-paragraph (b) there shall be added the following sub-paragraph —
c
a payment which is disregarded under regulation 52(9)(b) or (c) (non-dependant deductions) or paragraph 2(b) or (c) of Schedule 2 (second adult’s gross income) other than a payment under the Independent Living Fund.
.
Amendment of regulation 66 of the principal Regulations
19
In regulation 66(2)(a) of the principal Regulations (authority not required to determine specified claims) for the words “regulation 61(8)” there shall be substituted the words “regulation 62(8)”.
Amendment of regulation 70 of the principal Regulations
20
In regulation 70(4) of the principal Regulations (power for a housing benefit Review Board to review a determination in respect to council tax benefit) for the words “a Review Board appointed in accordance with that regulation” there shall be substituted the words “or a determination relating to community charge benefit in accordance with regulation 69 of the Community Charge Benefits (General) Regulations 1989 (further review of community charge benefit determinations), a Review Board appointed in accordance with either of those regulations”.
Amendment of regulation 92 of the principal Regulations
21
Regulation 92 of the principal Regulations (information to be supplied by the Secretary of State to an appropriate authority) shall be renumbered regulation 92(1) and the following new paragraph shall be added —
2
Except in the case of a non-dependant to whom paragraph (1)(j) refers, in this regulation “person” means a person by whom or in respect of whom a claim for council tax benefit has been made.
Amendment of Schedule 1 to the principal Regulations
22
In Schedule 1 to the principal Regulations (applicable amounts) —
a
in paragraph 11(3) —
i
in head (c)(i) after the words “housing benefit” there shall be inserted the words “or, as the case may be, community charge benefit”;
ii
in head (c)(ii), at the end there shall be added the words “or, as the case may be, paragraphs 11 and 13 of Schedule 1 to the Community Charge Benefits (General) Regulations 1989 ”;
b
in paragraph 13(1)(b) for the words “sub-paragraph (b)” there shall be substituted the words “sub-paragraph (6)”.
Amendment of Schedule 2 to the principal Regulations
23
In Schedule 2 to the principal Regulations (amount of alternative maximum council tax benefit) —
a
in Column (1) paragraph (b) of the Table —
i
for the words “does not exceed £105” there shall be substituted the words “is less than £105”, and
ii
for the words “exceeds £105 per week but does not exceed £135 per week” there shall be substituted the words “is not less than £105 per week, but is less than £135 per week”;
b
in paragraph 2 for the words from “any attendance allowance,” to the end of the paragraph there shall be substituted the words —
a
any attendance allowance, or any disability living allowance under section 71 of the Contributions and Benefits Act 1992;
b
any payment made under the Trusts, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and
c
any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).
.
Amendment of Schedule 3 to the principal Regulations
24
In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of earnings) —
a
in paragraph 3(4)(c) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraph (2) or (3)”;
b
after paragraph 4 there shall be inserted the following paragraphs —
4A
1
In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant and, subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 1 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding 8 weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 16(1) of that Schedule as being in receipt of invalid care allowance.
2
Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded under this paragraph shall not exceed £15 of the aggregated amount.
4B
Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment —
a
specified in paragraph 6(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 4A exceed £15;
b
other than one specified in paragraph 6(1), so much of the other member’s earnings from such other employment up to £10 as would not, when aggregated with the amount disregarded under paragraph 4A, exceed £15.
;
c
in paragraph 5 for the words “paragraph 3 does not apply” there shall be substituted the words “paragraphs 3, 4A and 4B do not apply”;
d
in paragraph 6(1) for the words “in which neither paragraph 3 nor 4” there shall be substituted the words “where paragraphs 3, 4, 4A and 4B do not apply”;
e
in paragraph 9 for the words “paragraph 17, 18 or 28” there shall be substituted the words “paragraph 17 or 18”.
Amendment of Schedule 4 to the principal Regulations
25
In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 13(2) for the words “eligible rent” there shall be substituted the word “rent”;
b
for paragraph 15(2) there shall be substituted the following sub-paragraphs —
2
Income derived from capital disregarded under paragraph 2, 4, or 24 to 27 of Schedule 5, but only to the extent of —
a
any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
b
any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
3
The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”
c
paragraph 28 shall be omitted;
d
after paragraph 48 the following paragraphs shall be added —
49
Any guardian’s allowance.
50
Any community charge benefit.
.
Amendment of Schedule 5 to the principal Regulations
26
In Schedule 5 to the principal Regulations (capital to be disregarded) —
a
in paragraph 8 after sub-paragraph (b) the following sub-paragraph shall be inserted —
c
any mobility allowance under section 37A of the Social Security Act 1975 ,
;
b
after paragraph 43 the following paragraphs shall be added —
44
Any community charge benefit.
45
1
Subject to sub-paragraph (2), where a claimant satisfies the conditions in section 131(3) and (6) of the Contributions and Benefits Act 1992 (entitlement to the alternative maximum council tax benefit), the whole of his capital.
2
Where in addition to satisfying the conditions in section 131(3) and (6) of the Contributions and Benefits Act 1992 the claimant also satisfies the conditions in section 131(4) and (5) of that Act (entitlement to the maximum council tax benefit), sub-paragraph (1) shall not have effect.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern General Hospital 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 Southern General Hospital 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
1
This Order may be cited as the Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993.
Interpretation
2
In this Order–
“ the Act ” means the Education Act 1993;
“the 1981 Act ” means the Education Act 1981 ;
“the 1988 Act ” means the Education Reform Act 1988 ; and
“the 1992 Act ” means the Education (Schools) Act 1992 .
Commencement of section 307(1) of the Act
3
Section 307(1) of the Act (consequential and minor amendments), so far as it relates to the provisions of Schedule 19 to the Act brought into force by this Order, shall come into force on the dates on which, and for the purposes for which, Schedule 19 is brought into force by this Order.
Commencement of and transitional provisions relating to paragraph 173 of Schedule 19
4
1
Paragraph 173 of Schedule 19 to the Act (amendments to the 1992 Act) shall come into force as follows.
2
For the purposes of prescribing any matter which falls to be prescribed under paragraphs 9B(2), 9C(5)(b), 10(2)(a), (3), (4) and (5)(b), 14(4)(b) and 15(3)(b) of Schedule 2 to the 1992 Act, sub-paragraphs (2), (3), (5), (6), (8)(a) and (9)(a) shall come into force on 1st August 1993.
3
Sub-paragraphs (1)(c), (4) and (7), and sub-paragraphs (2), (3), (5) and (6), so far as not already in force, shall come into force on 1st September 1993.
4
Sub-paragraph (1)(b), and sub-paragraphs (8) and (9), so far as not already in force, shall come into force on 1st October 1993.
5
1
Until the entry into force of sections 182 and 188 of the Act, paragraphs 9C(4) and 10(4) of Schedule 2 to the 1992 Act (as substituted by sub-paragraphs (5) and (6) of paragraph 173 of Schedule 19 to the Act) shall have effect as if the reference in each of those paragraphs to a maintained special school were a reference to a special school maintained by a local education authority.
2
Until the entry into force of section 189 of the Act, those paragraphs (as so substituted) shall have effect as if the reference in each of them to section 189(1) of the Act were a reference to section 11(3)(a) of the 1981 Act.
Commencement of section 5 of the Act
6
Section 5 of the Act (meaning of “funding authority” in Education Acts) shall come into force on 1st September 1993.
Commencement of and transitional provisions relating to Chapter I of Part V
7
Chapter I of Part V of the Act (schools failing to give an acceptable standard of education: identification of schools requiring special measures) shall come into force on 1st September 1993.
8
1
Until the entry into force of sections 182 and 188 of the Act, Chapter I of Part V of the Act shall have effect as if any reference in that Chapter to a maintained special school were a reference to a special school maintained by a local education authority.
2
Until the entry into force of paragraph 8 of Schedule 6 to the Act, section 210(7) of the Act shall have effect as if the reference in that section to that paragraph were a reference to paragraph (j) of section 58(5) of the 1988 Act.
Commencement of and transitional provisions relating to certain other provisions of the Act
9
The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st October 1993; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.
10
Schedule 2 to this Order shall have effect for the purposes of making transitional provisions in connection with the provisions brought into force by Article 9 of, and Schedule 1 to, this Order.


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas Regulations 1993 and shall come into force on 1st April 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural area” includes areas used for horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, areas of land used as grazing land, meadow land, osier land, market gardens and nursery grounds and areas of land used for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“ Commission Regulation ” means Commission Regulation ( EEC ) No. 536/93 laying down detailed rules on the application of the levy on milk and milk products;
“Community legislation” means the Council Regulation and the Commission Regulation;
“consent or sole interest notice” means a notice, in relation to a holding or part of a holding, signed by the person required under these Regulations to provide the notice, that either —
he is the occupier of that holding or part of a holding and no other person has an interest in that holding or part of the holding, or
all persons having an interest in the holding or part of the holding the value of which interest might be reduced by the apportionment or prospective apportionment to which the notice relates agree to that apportionment or proposed prospective apportionment;
“Council Regulation” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector;
“cow” includes a heifer that has calved;
“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;
“dairy produce” means the produce, expressed in kilograms or litres (one kilogram being 0.97116 litres) of milk, in respect of which levy is payable under the Community legislation;
“Dairy Produce Quota Tribunal” has the meaning assigned to it by regulation 33; “delivery” has the meaning assigned to it by Article 9(g) of the Council Regulation (which sets out definitions) and “deliver” shall be construed accordingly;
“direct sale” means a sale referred to in Article 9(h) of the Council Regulation;
“direct sales quota” means the quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“direct seller” means a producer selling dairy produce by direct sale;
“eligible heifer” means any heifer which, at the date of service of the notice referred to in regulation 15(2)(a), was on land subject to the notice and calves for the first time on a day when the notice has effect or which at the date of making the order referred to in regulation 15(2)(b) was on land designated by the order and calves for the first time on a day when the order is in force;
“farming press” means any newspaper, journal or similar publication considered by the Minister to be likely to be read by producers and purchasers;
“Gazette” means, as regards anything in these Regulations relating to —
England and Wales, the London Gazette,
Scotland, the Edinburgh Gazette,
Northern Ireland, the Belfast Gazette, and
the United Kingdom, the London, Edinburgh and Belfast Gazettes;
“holding” has the meaning assigned to it by Article 9(d) of the Council Regulation;
“identification” means a description of a holding specifying —
the address of the producer farming the holding;
such other particulars, if any, as the Minister may require,and “identify” and “identified” shall be construed accordingly;
“interest” includes the interest of a mortgagee or heritable creditor and a trustee, but does not include the interest of a beneficiary under a trust or settlement or, in Scotland, the estate of a superior;
“ Intervention Board ” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;
“levy” means the levy, payable under the Community legislation to the competent authority referred to therein, described in Article 1 of the Council Regulation (which deals with the fixing of the levy);
“milk marketing board” means a milk marketing board constituted under the Agricultural Marketing Act 1958 or the Agricultural Marketing (Northern Ireland) Order 1982 ;
“Minister”, as regards anything in these Regulations relating to —
England and Wales, means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly;
Scotland, means the Secretary of State for Scotland,
Northern Ireland, shall be construed in accordance with paragraph (3), and
the United Kingdom, means the Ministers;
“Ministers” means all those to whom the definition of “the Minister” relates, acting jointly;
“national reserve” means the reserve described in regulation 13, constituted pursuant to Article 5 of the Council Regulation (which deals with confiscation and distribution of quota);
“occupier” includes, in relation to land in respect of which there is no occupier, the person entitled to grant occupation of that land to another person;
“producer” has the meaning assigned to it by Article 9(c) of the Council Regulation;“prospective apportionment” in relation to quota on a holding means apportionment of quota ascertained under regulation 11 which will take place if there is a change of occupation of a part of the holding to which the prospective apportionment relates within six months of that prospective apportionment;
“purchaser” has the meaning assigned to it by Article 9(e) of the Council Regulation;
“purchaser details” means in relation to a producer, the name and address of any purchaser to whom that producer delivers, or intends to deliver, dairy produce by wholesale delivery and the proportions of that dairy produce which he delivers or intends to deliver to each;
“purchaser quota” means, the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;
“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quotas to a purchaser during a quota year without that purchaser being liable to pay levy;
“qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;
“qualifying day” means, in repect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice referred to in regulation 15(2)(a) has effect or during which the order referred to in regulation 15(2)(b) is in force;
“quota” means direct sales quota or wholesale quota, as the case may be;
“quota year” means any of the periods of 12 months described in Article 1 of the Council Regulation (which deals with the fixing of the levy);
“registered wholesale quota” means quota registered in accordance with regulation 25(2)(a);
“replacment number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 15(2)(a), or designated by the order referred to in regulation 15(2)(b), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is half way between two integers the nearest even integer shall be deemed to be the nearest integer;
“Scottish Islands area” means one of —
the islands of Shetland,
the islands of Orkney,
the islands of Islay, Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae and the Kintyre peninsula south of Tarbert; or
the islands in the Outer Hebrides and the Inner Hebrides other than those listed in (c);
“special quota” means the quota referred to in Article 4(3) of the Council Regulation which is subject to the restrictions set out in Articles 6(1) and 7(1)(a) of the Council Regulation and in Article 3a(4) of Council Regulation 857/84 (which together deal with special quota);
“the 1984 Regulations ” means the Dairy Produce Quotas Regulations 1984 ;
“total direct sales quota” means the total quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“total purchaser quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;
“total wholesale quota” means the total quantity of dairy produce which may be delivered by wholesale delivery from a holding in a quota year without the producer in occupation of that holding being liable to pay levy;
“transferee” means a person who replaces another person as occupier of a holding or part of a holding;
“transferor” means a person who is replaced by another person as occupier of a holding or part of a holding;
“unused quota” means quota remaining unused after any direct sales or wholesale deliveries have been taken into account, adjusted in accordance with Article 2(2) of the Commission Regulation (which deals with the fat content of milk);
“wholesale delivery” means delivery from a producer to a purchaser;
“wholesale quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser (to the extent specified in relation to that purchaser under these Regulations), from a holding in a quota year without the producer in occupation of that holding being liable to pay levy.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations,
b
any reference in a regulation or Schedule to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation or Schedule, and
c
any reference in a paragraph to a numbered or lettered subparagraph shall be construed as a reference to the subparagraph so numbered or lettered in that paragraph.
3
In their application to Northern Ireland these Regulations shall have effect with the substitution, for references to the Minister, of references to the Department of Agriculture for Northern Ireland.
Establishment of quota
3
Total direct sales quota and total wholesale quota for any person and purchaser quota for any purchaser in respect of any quota year shall be established in accordance with these Regulations and the Community legislation.
Determination of levy
4
For the purposes of Article 2(1) of the Council Regulation (which deals with the calculation of the levy), the contribution of producers who make wholesale deliveries towards the levy shall be established, in accordance with the provisions of that Article, at the level of the purchaser.
Milk equivalence of dairy produce
5
1
For the purposes of Article 1(2) of the Commission Regulation (which deals with milk equivalence of dairy produce) the milk equivalence of dairy produce shall be calculated on the basis that each kilogram of dairy produce shall equal such quantity of milk referred to in paragraph (2) as is required to make that kilogram of dairy produce.
2
The milk to which paragraph (1) relates is milk the fat content of which has not been altered since milking.
Adjustment of purchaser quota
6
1
Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.
2
On any transaction to which the second subparagraph of Article 2(2) of the Council Regulation (which deals with replacements of purchasers and changes of purchasers by producers) applies, any purchaser whose purchaser quota has been increased by virtue of that transaction shall, no later than a date 21 days after the date of the transaction, submit to the Minister —
a
a statement of the transaction, that is to say a statement setting out (in accordance with the second subparagraph of Article 2(2) of the Council Regulation, where applicable) the following particulars —
i
the nature of the transaction;
ii
the parties to the transaction;
iii
the changes of purchaser quota of any purchaser to whom the transaction relates;
iv
the changes in respect of matters referred to in regulation 25(2)(a)(vi) and (vii) which form part of the wholesale register entry of each producer to whom the transaction relates; and
b
a declaration signed by the producer and the purchaser whose purchaser quota is to increase that the purchaser whose purchaser quota is to decrease has been notified of the changes the particulars of which are set out in the statement of the transaction referred to in subparagraph (a).
3
Subject to paragraph (4), where during a quota year a producer changes from being registered with a purchaser to being registered with any other purchaser, for the purposes of calculation of levy liability under regulation 19 in that quota year, any purchaser with whom he is newly registered shall have its purchaser quota increased by an amount equivalent to such part of that producer’s registered wholesale quota as the producer shall determine.
4
The amount of the increase of purchaser quota determined in accordance with paragraph (3) shall not include the amount of quota necessary to cover the deliveries made by the producer before the date of the change of purchaser, adjusted if necessary in accordance with the second sub-paragraph of Article 2(2) of the Council Regulation, which shall remain available to the original purchaser.
5
At the end of the quota year referred to in paragraph (3), the purchaser with whom the producer is newly registered shall have its purchaser quota increased by such part of the producer’s remaining quota as he shall determine.
6
Notwithstanding paragraphs (2), (3) and (4) above, the Minister may determine the date before which, in any quota year, any transaction to which the second sub-paragraph of Article 2(2) of the Council Regulation applies shall be notified to him, and the Minister shall announce any such date by such means of publication as the Minister considers likely to come to the attention of purchasers and producers.
7
The Minister may provide such forms as he reasonably considers to be necessary for the purposes of this regulation.
Transfer of quota
7
1
For the purposes of Article 7 of the Council Regulation (which deals with transfer of quota when any holding is sold, leased or transferred by inheritance), on a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (7) below refers, the transferee shall submit to the Minister —
a
within two months of the change of occupation of the holding or part of a holding, a duly completed form prescribed for this purpose from time to time by the Minister signed by the transferor and the transferee, and
b
such other evidence relating to the transfer, and within such time, as the Minister may reasonably require.
2
Notwithstanding paragraph (1) above, the Minister may decide, in respect of transfers of any holding or part of a holding in a quota year which have not been notified to him in writing by the transferee before a date to be determined by him in the following quota year, that for the purposes of any levy calculation —
a
the unused quota transferred with such transfers shall not be treated as a part of the transferee’s quota entitlement for the quota year in which the transfer took effect but shall be treated as if it remained unused quota available for re-allocation by the Minister in the year in which the transfer took place, and
b
a transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 4 for the quota year in which the transfer took effect.
3
A decision by the Minister, together with the date determined by him under paragraph (2) above, shall be announced by advertisement published in the Gazette and the farming press at least two months before that date or, in the event that such publication is not possible for any reason, by such other means of publication as the Minister considers likely to come to the attention of producers.
4
Where there is a transfer of the entirety of a holding it shall be presumed that the transferee intends to deliver dairy produce from the holding by wholesale delivery to the purchasers named, and in the proportions listed, in the transferor’s entry in the wholesale register.
5
Where there is a transfer of part of a holding —
a
an apportionment of the quota relating to the holding shall be carried out in accordance with regulation 10, and
b
dairy produce previously sold by direct sale or delivered by wholesale delivery from the holding in the quota year in which the change of occupation takes place shall be deemed, for the purposes of any levy, to have been sold or delivered from each part of the holding proportionally in accordance with that apportionment.
6
A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 11.
7
This regulation shall not apply to the following —
a
a licence to occupy land;
b
the tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than ten months;
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than eight months;
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than twelve months;
e
the termination of a tenancy or lease to which subparagraph (b), (c) or (d) applies;
f
any transfer of a holding or part of a holding where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
8
Paragraphs (1), (5)(a), (6) and (7)(a) to (e) and the words “Notwithstanding paragraph (1) above” in paragraph (2) shall not apply in relation to special quota.
Effect of land transfers on special quota
8
1
Subject to paragraphs (3) and (4) below where a producer has special quota registered in his name —
a
that special quota shall be returned to the national reserve if the holding is sold or leased by the producer; and
b
a proportion of that special quota shall be returned to the national reserve if only part of the holding is sold or leased by the producer.
2
The proportion of the special quota which is to be returned to the national reserve in accordance with paragraph (1)(b) shall be the same proportion which the agricultural area of the holding sold or leased bears to the total agricultural area farmed by the producer.
3
This regulation shall not apply where the transfer of the holding or any part of it is effected by means of the following —
a
a licence to occupy land;
b
the tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than 10 months;
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than 8 months;
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than 12 months.
4
No part of the special quota shall be returned to the national reserve where the holding or any part of it is transferred —
a
on inheritance,
b
by gift for which no consideration is given,
c
by the granting of a tenancy following a direction under section 39 or section 53 of the Agricultural Holdings Act 1986 (direction for grant of tenancy to successor on death or retirement of previous tenant),
d
by the granting of a tenancy (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to tenancy under direction),
e
by the granting of such a tenancy as is referred to in section 37(1)(b) or (2) of that Act (tenancy granted by agreement to close relatives),
f
by the granting of a tenancy other than under paragraphs (c), (d) or (e) of this regulation by the landlord to a successor of a tenant who has died or retired,
and the person to whom the holding or any part of it is transferred undertakes to comply with the undertakings of his predecessor made consequent upon the provisions of Article 4(3) of the Council Regulation and Article 3a of Council Regulation (EEC) No. 857/84 (which together deal with special quota).
Notification of transfer of holding in relation to special quota
9
1
Subject to paragraph (2), where a producer has special quota registered in his name and intends to transfer the whole or a part of his holding he shall submit to the Minister —
a
before making such transfer, a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
2
Where a transfer takes place of a holding or part of a holding as is referred to in regulation 8(4), the transferee shall submit to the Minister —
a
within two months of the change of occupation of a holding or part of a holding, a duly completed form prescribed for this purpose from time to time by the Minister signed by the transferor and the transferee, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
Apportionment of quota
10
Subject to regulations 8, 11(4) and 12, where there is a transfer of part of a holding, including part of a holding to which regulation 8(4) applies, the apportionment of the quota or special quota relating to that holding shall be carried out —
a
where within two months of the change of occupation the transferee submits to the Minister —
i
a duly completed form in accordance with regulation 7(1)(a) or 9(2)(a) as appropriate,
ii
a statement, signed by the transferor and the transferee, that they have agreed that the quota shall be apportioned taking account of areas used for milk production as specified in the statement, and
iii
a consent or sole interest notice provided by the transferor or his personal representative in respect of the entirety of the holding,
in accordance with the agreement specified in subparagraph (ii),
b
in all other cases —
i
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 1 and 3 respectively,
ii
in Scotland in accordance with Schedule 2.
Prospective apportionment of quota
11
1
The occupier of the holding in respect of which the prospective apportionment of quota is to be applied shall submit to the Minister a statement —
a
identifying the parts of the holding to which the prospective apportionment is to relate,
b
containing such information relating to the holding as may reasonably be required by the Minister, and
c
requesting either —
i
that a prospective apportioment of quota relating to the holding be made taking account of areas used for milk production as at the date of the statement as specified in the statement, or
ii
that a prospective apportionment of quota be ascertained by arbitration in accordance with Schedule 1 in England and Wales and Schedule 3 in Northern Ireland, and in Scotland in accordance with Schedule 2.
2
The prospective apportionment of quota shall be made in accordance with Schedule 1, 2 or 3, as the case may be, unless a prospective apportionment has been specified in accordance with paragraph 1(c)(i) and the occupier sends to the Minister a consent or sole interest notice in respect of the entirety of the holding, in the case of which, subject to regulation 12, the prospective apportionment shall be as so specified.
3
A prospective apportionment of quota may be revoked by a notice in writing to the Minister, signed by the occupier of the holding to which the prospective apportionment relates and accompanied by a consent or sole interest notice in respect of that holding, that the occupier no longer wishes that prospective apportionment to have effect.
4
Where there is a change of occupation of part of a holding and within six months preceding that change of occupation —
a
the occupier of that holding has submitted a statement referred to in paragraph (1) in respect of that part of that holding, or
b
a prospective apportionment of quota relating to that part of that holding has been made by an arbitrator under Schedule 1 or 3, or under Schedule 2,
the apportionment of quota shall be carried out in accordance with —
i
any prospective apportionment of quota relating to that part of that holding made under paragraph (2) and not revoked under paragraph (3),
ii
if there is no such prospective apportionment, any prospective apportionment which is in the process of being made under paragraph (2) by virtue of a statement relating to that part of that holding under paragraph (1),
iii
in any other case, regulation 10.
5
The Minister shall maintain a record of each prospective apportionment made under this regulation.
Notification by the Minister of apportionment of quota by arbitration
12
Where the Minister has reasonable grounds for believing —
a
that the areas used for milk production on a holding are not as specified in a statement made for the purpose of regulation 9, 10 or 11(1), or
b
that the areas used for milk production on a holding were not as agreed between the parties at the time of apportionment notwithstanding that no statement was made for the purposes of the aforementioned regulations,
he shall give notice of this fact in writing to the person who made the statement, or in a case where no statement was made, to the transferee and the apportionment or prospective apportionment of that quota shall then be made —
a
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 1 and 3 respectively,
b
in Scotland in accordance with Schedule 2.
National reserve
13
1
The national reserve shall comprise such wholesale and direct sales quota as is not for the time being allocated to any person, including any quota withdrawn pursuant to the provisions of regulation 32.
2
The Minister may make allocations from the national reserve in accordance with the Community legislation and these Regulations.
Temporary transfer of quota
14
1
For the purposes of Article 6 of the Council Regulation (which deals with the temporary transfer of quota) and subject to paragraph (2) below, a producer who has wholesale quota registered as his which constitutes part of the purchaser quota of a purchaser may, before a date to be determined by the Minister in each quota year, make a temporary transfer of all or part of that wholesale quota for a period of one quota year to any other producer whose wholesale quota constitutes part of the purchaser quota of that same purchaser.
2
Where there is an agreement to make a temporary transfer of quota pursuant to paragraph (1), the transferee shall notify the Minister in writing of the agreement and of such particulars at such time as the Minister may reasonably require.
3
The Minister shall announce the date determined under paragraph (1) by such means of publication as the Minister considers likely to come to the attention of purchasers and producers.
Temporary reallocation of quota
15
1
For the purposes of Article 2(4) of the Council Regulation and Article 5 of the Commission Regulation (which together deal with the reallocation of excess levy), the Minister may, for any quota year, award to a producer referred to in paragraph (2) below a temporary reallocation of an amount of quota corresponding to a proportion of any levy collected in excess of the levy actually due in that year, in accordance with the provisions of this regulation.
2
This regulation shall apply to —
a
a producer who has quota registered as his in relation to a holding which is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an Order made under the Animal Health Act 1981 or the Diseases of Animals (Northern Ireland) Order 1981 ,
b
a producer who has quota registered as his in relation to a holding which is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 and section 24(1) and (3) of the Food and Environment Protection Act 1985 , or
c
a producer who is affected by a formal acknowledgement of an error in the levy calculation, made pursuant to Article 5(1)(a) of the Commission Regulation.
3
Subject to paragraph (5) below, a producer referred to in paragraph (2)(a) or (b) above may be awarded a temporary reallocation of quota for any quota year in which the notice or, as the case may be, the order referred to in paragraph 2(a) or the order referred to in paragraph 2(b) has effect. The amount of any such award shall be calculated either —
a
as the amount equal to 15 litres per qualifying cow per qualifying day in any quota year, or
b
as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,
whichever amount is less.
4
Where the notice referred to in paragraph (2)(a) or the order referred to in paragraph (2)(b) above continues beyond the quota year in respect of which a producer has received an award under paragraph (3), any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during the period of the notice in that following quota year, notwithstanding that when any such heifers calved the number of eligible heifers did not exceed the replacement number.
5
An award under paragraph (3) above —
a
shall be made, where a producer makes wholesale deliveries, as far as possible from the purchaser quota of any purchasers to whom deliveries are made in accordance with Schedule 4 paragraph 4, and thereafter from any excess quota determined in accordance with Schedule 4 paragraph 6 and distributed in accordance with Schedule 4 paragraph 7(a), provided that the amount of the award met from that excess quota does not exceed 15 per cent of the total amount of the excess; and
b
shall not be available in the same quota year to a producer who transfers quota under regulation 7, makes a temporary transfer of quota under regulation 14(1), or purchases cows or in-calf heifers for dairy purposes, unless the Minister is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(a) above refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(b) above refers.
6
A producer referred to in paragraph (2)(c) above may be awarded a temporary reallocation of quota, for any quota year in respect of which the formal acknowledgement referred to in the Commission Regulation applies, which wholly or partially offsets the error in levy calculation to which the acknowledgement relates, and any such temporary reallocation of quota shall be made, where a producer makes wholesale deliveries, as far as possible from the purchaser quota of the purchaser to whom deliveries are made.
Special allocation of quota
16
Where, by reason of a mistake made by the Minister or any person acting on his behalf, a person has not been allocated any quota or has been allocated a smaller quantity of any such quota than he would have been allocated if the mistake had not been made, the Minister may allocate to that person such quota as will compensate, in whole or in part, for that mistake from the national reserve.
Conversion of quota
17
1
Subject to the provisions of Article 4(2) of the Council Regulation (which deals with changes from direct sales to wholesale delivery and vice versa), the second subparagraph of Article 2(2) of the Council Regulation (which deals with replacements of purchasers) and this regulation, any producer may apply to convert, temporarily or permanently, direct sales quota for wholesale quota or wholesale quota for direct sales quota.
2
Where the producer wishes to convert quota temporarily in any quota year, or permanently, he shall make an application to do so on a form prescribed for that purpose by the Minister, and such application shalll —
a
state the amount (if any) of the producer’s direct sales quota, wholesale quota, direct sales and wholesale deliveries for the quota year in which the application is made, and the amount of unused quota which he holds at the time of the application which he wishes the Minister to convert; and
b
include such other information as the Minister may reasonably require in order to assess whether the provisions of Article 4(2) of the Council Regulation are fulfilled.
3
The application referred to in paragraph (2) above shall be made by the producer to the Minister by —
a
31st December in any year in the case of permanent conversion of quota, or
b
a date determined by the Minister in respect of each quota year and published in the Gazette in the case of temporary conversion of quota,
except that, in the case of an application which includes a request to convert wholesale quota to direct sales quota, the application shall be submitted by the appropriate date on behalf of the producer by the purchaser to whom deliveries have been made.
4
Where a producer has temporarily converted direct sales quota to wholesale quota, he may not make a temporary transfer of that quota.
Representative fat content of milk
18
For the purposes of Article 2(1)(d) of the Commission Regulation (which deals with the representative fat content of milk from certain new producers) —
a
the breeds of cow which may be considered to produce milk with a higher representative fat content shall be Channel Island, South Devon and breeds with similar characteristics;
b
the producer’s herd shall, at any time, include one or more such breeds; and
c
if, by 1st March in any year the producer fails to provide proof that the composition of his herd is in accordance with paragraph (b), and that the milk produced by that herd justifies the allocation to him of a higher representative fat content, he shall lose the right to have such a representative content for that quota year and subsequent quota years.
Reallocation of quota and calculation of levy liability
19
Schedule 4 shall apply in respect of the reallocation of quota and the calculation of levy liability for the purposes of Article 2(1) of the Council Regulation (which deals with the calculation of the levy).
Prevention of avoidance of levy
20
1
Subject to paragraph (2) below, where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows, the second producer shall be deemed to have made those sales or deliveries in the capacity of agent for the first producer.
2
Paragraph (1) above shall not apply where —
a
an agreement has been entered into by the first producer for the sale or lease of the cows in question or the second producer has inherited them from the first producer; and
b
the cows are kept on the second producer’s holding.
Payment of levy
21
1
For the purposes of Article 2(3) of the Council Regulation and Article 4 of the Commission Regulation (both of which deal with payment of levy by direct sellers), or Article 2(2) of the Council Regulation and Article 3 of the Commission Regulation (both of which deal with payment of levy by purchasers in respect of wholesale deliveries), levy shall be paid to the Intervention Board.
2
Where any part of the levy remains unpaid —
a
in the case of a direct seller, after the date specified in Article 4 of the Commission Regulation; or
b
in the case of a purchaser, after the date specified in Article 3 of the Commission Regulation,
the Intervention Board may recover from the direct seller or (as the case may be) the purchaser the amount of the levy outstanding at the expiry of the period applicable in his case, together with interest in respect of each day thereafter until the said amount is recovered at the rate of one percentage point above the sterling three-month London interbank offered rate.
3
For the purposes of the third subparagraph of Article 2(2) of the Council Regulation (which deals with set-off of levy liability), where a producer making wholesale deliveries to a purchaser exceeds his wholesale quota, that purchaser may immediately deduct an amount corresponding to the amount of levy potentially payable by him in respect of the excess from the sums owed to the producer in respect of the deliveries.
Functions of the Intervention Board for Agricultural Produce
22
1
The Intervention Board shall be the competent authority for the purposes of Article 2(3) of the Council Regulation (which deals with payment of levy by direct sellers), and for the purposes of Articles 1, 3, 4 and 7 of the Commission Regulation (which together deal with matters relating to the assessment of levy and the payment of levy by direct sellers and purchasers).
2
The Intervention Board and any milk marketing board may enter into an agreement providing for the discharge by the milk marketing board, on behalf of the Intervention Board, of any functions of the Intervention Board under these Regulations or the Community legislation specified in the agreement, on such terms as may be specified in the agreement.
3
In respect of any area which is not within the area of a milk marketing board, paragraph (2) above shall have effect as if “person or milk marketing board” were substituted for “milk marketing board” wherever those words appear.
4
The Intervention Board may, in respect of any person in whose name any direct sales quota is registered and who fails to submit to the Intervention Board before 15th May in any year the statement required to be made by Article 4(2) of the Commission Regulation, make and recover a reasonable charge in respect of any visit to any premises reasonably required to be made by the Intervention Board to obtain that statement.
Functions under these Regulations
23
1
The Minister and any milk marketing board may enter into an agreement providing for the discharge by that milk marketing board, on behalf of the Minister, of any functions of the Minister under these Regulations or the Community legislation specified in the agreement, on such terms as may be specified in the agreement.
2
In respect of any area which is not within the area of a milk marketing board, paragraph (1) above shall have effect as if “person or milk marketing board” were substituted for “milk marketing board” wherever those words appear.
Disapplication of enactments
24
Nothing in section 47(2) of the Agricultural Marketing Act 1958 or Article 29 of the Agricultural Marketing (Northern Ireland) Order 1982 (which restrict the disclosure of certain information obtained under those enactments) shall restrict or apply to the disclosure of any information if, and in so far as, the disclosure is required or authorised by these Regulations, the Community legislation or an agreement under regulation 22(2) or 23(1).
Registers to be prepared and maintained by the Minister
25
1
The Minister shall —
a
prepare a direct sales register entry in respect of each direct seller setting out in particular —
i
his name;
ii
his address;
iii
his direct sales quota; and
iv
quota issued as special quota,
and shall send each direct seller a copy of the entry relating to him, and
b
maintain —
i
a direct sales register (being a register of entries referred to in paragraph (1)(a)), and
ii
a register of particulars of direct sales by each direct seller.
2
The Minister shall —
a
prepare a wholesale register entry in respect of each producer setting out in particular —
i
his name;
ii
his address;
iii
any reference number which serves to identify the producer in the purchaser’s records;
iv
wholesale quota available to him for the quota year excluding the quota referred to in subparagraph (v);
v
quota issued as special quota;
vi
a list —
of the names and addresses of each purchaser whose purchaser quota will be calculated to take into account all or part of that producer’s total wholesale quota, and
of the wholesale quota to be taken into account based on purchaser details to be provided by the producer;
vii
in respect of each purchaser supplied, his wholesale quota registered with that purchaser, and its butterfat base calculated in accordance with Article 2 of the Commission Regulation,
and shall send to each producer a copy of the entry relating to him and to each purchaser named on the list referred to in subparagraph (vi) a copy of that part of the entry relating to his purchaser quota, and
b
maintain a wholesale register (being a register of entries referred to in paragraph (2)(a)).
3
In respect of each purchaser the Minister shall —
a
prepare a purchaser notice setting out —
i
his name;
ii
his purchaser quota;
iii
his purchaser special quota;
and shall send each purchaser a copy of the notice relating to him, and
b
maintain —
i
a register of purchaser notices; and
ii
a register of particulars of wholesale deliveries to each purchaser.
4
For the purposes of paragraphs (1) and (2) above, where a holding comprises more than one dairy enterprise a direct seller or a producer may, on presenting to the Minister a consent or sole interest notice in respect of that holding, agree with the Minister the partition of that holding among separate direct sales register entries or wholesale register entries as specified in the agreement.
5
The Minister shall amend the registers which he is required by this regulation to maintain to record any allocations or adjustments made under or by virtue of these Regulations, or to make any correction which he considers to be necessary, and shall inform any person to whom an amendment relates and any purchaser affected by an amendment of that amendment, and any person or purchaser affected by a correction of that correction.
6
In this regulation “direct seller” and “producer” include a person who has moved into occupation of land with quota, whether or not that person is engaged in the sale or delivery of dairy produce.
Inspection of entries in the Minister’s registers
26
The Minister shall permit, during reasonable working hours, inspection of any entry relating to —
a
a specific holding in the registers referred to in regulation 25(1)(b)(i) and 25(2)(b) by any person who is the direct seller or producer in relation to, or gives the Minister a statement in writing that he has an interest in, that holding, and
b
a specific purchaser in either register referred to in regulation 25(3)(b) by the purchaser,
and shall, on payment of a reasonable charge, forward a copy of that entry to any such person who requests it.
Registration obligations of producers and purchasers
27
1
Each producer who holds registered wholesale quota (including any producer who has temporarily ceased, or who intends temporarily to cease, making wholesale deliveries) shall register his quota with a purchaser.
2
Each purchaser shall maintain, in respect of all producers whose register entries include that purchaser’s name on the list referred to in regulation 25(2)(a)(vi) —
a
a register as indicated in regulation 25(2)(b) in respect of that part of its purchaser quota attributable to each of those producers;
b
a register of particulars of wholesale deliveries from each of those producers to that purchaser;
c
the information required by Article 7 of the Commission Regulation (which deals with the records required in connection with levy assessment); and
d
a system approved by the Intervention Board for sampling the milk of each producer and determining its fat content.
3
Each purchaser shall amend its registers referred to in paragraph (2) above on each occasion when, under these Regulations, the Minister’s equivalent register is required to be amended in relation to producers registered in that purchaser’s register.
4
Each purchaser shall register with the Intervention Board and shall —
a
comply with an undertaking given to the Intervention Board to abide by the provisions of these Regulations and the Community legislation;
b
inform the Intervention Board of any factor or change in circumstances which affect that purchaser’s registration or the ability to comply with the undertaking referred to in subparagraph (a); and
c
confirm to each producer supplying that purchaser that the purchaser is registered and supply on request details of that registration.
Registers as evidence
28
Any entry in a register or notice required by these Regulations to be maintained by the Minister shall in any proceedings be evidence of matters stated therein.
Information
29
1
The Minister and the Intervention Board shall provide each other with such information and assistance as shall be required for the proper performance of their respective functions under these Regulations and the Community legislation.
2
Each purchaser shall provide such information to the Minister as the Minister may reasonably require in order to carry out his obligations under these Regulations and the Community legislation.
3
The Minister shall copy such records to each purchaser as that purchaser may reasonably require for the purposes of his registration obligations under these Regulations and Article 3 of the Commission Regulation (which deals with the assessment and payment of levy).
Service of documents
30
Any document required by these Regulations to be served on any person may be served by post.
Penalties
31
1
Subject to paragraph (2), any person who —
a
fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or
b
in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.
2
Paragraph (1)(a) shall not apply to any failure by any person to comply with a requirement in an agreement referred to in regulation 22 or 23.
3
The Minister may, following any conviction under paragraph (1)(b) against which there is no successful appeal, by notice served (within the period of 12 months following the date specified in paragraph (4), on the person to whose quota that conviction relates, reduce his quota to such extent as may reasonably be regarded by the Minister as being attributable to the falsehood on which the conviction was founded.
4
The date referred to in paragraph (3) above is —
a
in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires, and
b
in the case of a conviction against which there is an unsuccessful appeal —
i
if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and
ii
if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
Confiscation of quota
32
1
Within forty-five days after the end of each quota year to which these Regulations relate, a purchaser shall supply to the Minister a list of those producers registered with that purchaser (whether for the whole or part of the quota year) who have not made deliveries to him and have not made a temporary transfer of quota (under regulation 14) during that year.
2
Pursuant to Article 5 of the Council Regulation (which deals with the confiscation and distribution of quota), the Minister may send notification to —
a
the producers referred to in paragraph (1) above,
b
producers who are direct sellers who have submitted a declaration under Article 4(1) of the Commission Regulation (which deals with declarations of direct sales) indicating that in any quota year no direct sales have been made, and
c
producers who are direct sellers who have not submitted a declaration and to whom Article 4(2) of the Commission Regulation applies (which deals with the late submission of declarations),
stating that the quota previously registered to them in respect of a holding has been withdrawn and placed in the national reserve with effect from the quota year following that for which the list referred to in paragraph (1) was supplied, that for which the declaration indicating no direct sales was made, or that for which no declaration was submitted, as the case may be.
3
Any quota withdrawn under paragraph (2) above may be restored to the producer in respect of the holding from which it was withdrawn within a period of six years from the beginning of the quota year in which it was withdrawn, in accordance with the provisions of Article 5 of the Council Regulation.
Dairy Produce Quota Tribunals
33
1
The Dairy Produce Quota Tribunal for England and Wales, the Dairy Produce Quota Tribunal for Scotland, and the Dairy Produce Quota Tribunal for Northern Ireland constituted under regulation 6 of the 1984 Regulations shall continue in existence and, in respect of a holding situtated in more than one area of a Dairy Produce Quota Tribunal, the Dairy Produce Quota Tribunal the functions of which shall relate to that holding shall continue to be the Dairy Produce Quota Tribunal chosen for the purpose by the Ministers.
2
Any reference in these Regulations to “The Tribunal” shall be treated as a reference to the appropriate Dairy Produce Quota Tribunal under paragraph (1).
3
Schedule 5 shall apply in respect of the constitution, appointment of members, remuneration of members, staffing and procedure of Dairy Produce Quota Tribunals.
Revocation
34
The Dairy Produce Quotas Regulations 1991 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th March 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Bromley and Lewisham (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
1
In this Orderany reference to Bromley or to Lewisham is a reference to the London borough of that name;
“the map” means one or more of the 8 maps prepared by the Department of the Environment, marked “Maps of the Bromley and Lewisham (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 Bromley to Lewisham
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Bromley, and from the ward named in column 3 to —
a
Lewisham;
b
the ward mentioned in column 4;
c
the South Eastern petty sessional area; and to
d
the Inner South London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Bromley, and from the following ward — To Lewisham, and to the following ward
B40 6 Chislehurst Grove Park
B11, B14, B16 & B18
B20
2
3
Copers Cope Bellingham B2, B4, B6 & B7 1 Lawrie Park and Kent House Sydenham East B8 & B10 2
B41
B42, B43 & B44
B51 & B53
6
7
8
Mottingham Grove Park B48 8 Mottingham St Mildred B24 & B26 4 Plaistow and Sundridge Downham
B27, B29 & B31
B35
5
6
B36 & B39 6 Plaistow and Sundridge Grove Park
Transfers from Lewisham to Bromley
4
Each area which is marked as shown in column 1 of the following table on the map indicated in column 2 shall be transferred from Lewisham, and from the ward named in column 3 to —
a
Bromley;
b
the ward mentioned in column 4;
c
the Bromley petty sessional area; and to
d
the Southern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Lewisham, and from the following ward — To Bromley, and to the following ward —
B12, B13, B15, B17 & B19
B21
2
3
Bellingham Copers Cope B22 3 & 4 Downham Martins Hill and Town
B23 & B25
B28, B30 & B32
B33 & B34
4
5
6
Downham Plaistow and Sundridge
B45, B46 & B47
B50, B52 & B54
7
8
Grove Park Mottingham B37 & B38 6 Grove Park Plaistow and Sundridge B49 8 St Mildred Mottingham B1, B3 & B5 1 Sydenham East Lawrie Park and Kent House
B92 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 for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
10th May 1993


text:
This Order may be cited as the Sussex Police (Amalgamation) (Amendment) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th March 1993


text:
Title and commencement
1
These Regulations may be cited as the General Drainage Charges (Relevant Quotient) Regulations 1993 and shall come into force on 2nd February 1993.
Interpretation
2
In these Regulations —
“the 1976 Act ” means the Land Drainage Act 1976 ;
“the 1991 Act ” means the Water Resources Act 1991;
“council tax base” means the aggregate amount of council tax base for the areas or parts of areas in the district determined according to regulation 6 of the National Rivers Authority (Levies) Regulations 1993 ;
“district” means a local flood defence district wholly or mainly in England created by a scheme under section 12 of the 1991 Act or which is treated as such by virtue of section 134(3) of that Act or continues to be so treated under paragraph 14(1) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 ;
“drainage charge” means a charge raised pursuant to section 134 of the 1991 Act;
“financial year” means a period of 12 months beginning with 1st April;
“the NRA ” means the National Rivers Authority continued in being by section 1 of the 1991 Act.
Determination of relevant quotient
3
The determination of the relevant quotient for the purposes of section 135 of the 1991 Act shall be made by application of the following formula:
( A B × D E ) ÷ c = relevant quotient
where —
A means the aggregate amount demanded by the precepts issued in respect of the district under section 46(3) of the 1976 Act in respect of the financial year beginning in 1989;
B means the aggregate amount of the estimated penny rate products on the basis of which the amount A was apportioned in pursuance of section 46(1) of the 1976 Act in respect of that financial year;
C means the amount ascertained by dividing the amount A by the council tax base of the district for the financial year beginning in 1993;
D means the aggregate amount of the levies issued by the NRA in respect of the district under the National Rivers Authority (Levies) Regulations 1993 for the financial year in respect of which the drainage charge in question is raised; and
E means the council tax base of the district for the financial year in respect of which that charge is raised.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
31st January 1993.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Educational Institutions) Regulations 1993 and shall come into force on 31st December 1993, but shall have effect–
a
in the case of regulations 2 and 5(b), as from 1st April 1989; and
b
in the case of regulations 3, 4 and 5(a), as from 1st April 1993.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Pensionable employees
2
Regulation B1 of the principal Regulations shall be amended by deleting paragraph (6A) .
Appropriate superannuation fund
3
Regulation C1 of the principal Regulations shall be amended–
a
in paragraph (5A) by substituting for the words from the beginning to “London Residuary Body” the words Subject to paragraph (9), in relation to a pensionable employee of a further education corporation, a higher education corporation, a designated institution or the governing body of a grant– maintained school, the appropriate superannuation fund is–
a
in the case of an institution or school formerly assisted or maintained by the Inner London Education Authority, or a corporation which has been established for the purpose of conducting an institution or school formerly assisted or maintained by that Authority, the fund maintained by the London Pensions Fund Authority;
b
by inserting after paragraph (5A) the following paragraph–
5B
For the purposes of paragraph (5A),–
a
a further education corporation and a higher education corporation shall be treated as situated where the institution conducted by the corporation is situated; and
b
“assisted” and “maintained”, in relation to an institution or school, have the same meaning as in the Education Act 1944.
; and
c
in paragraph (9) by inserting after the words “where paragraph” the words “(5A)(a) or”.
Glossary of expressions
4
Schedule 1 to the principal Regulations shall be amended–
a
in the definition of “designated institution” by adding at the end the words “or section 28 of the Further and Higher Education Act 1992” ;
b
by inserting after the definition of “The former regulations” the following definition–
“Further education corporation”
A body corporate established under section 15 or 16 of the Further and Higher Education Act 1992 or in respect of which an order has been made under section 47 of that Act.
; and
c
by substituting for the definition of “higher education corporation” the following definition–
“Higher education corporation”
A body corporate established under section 121 or 122 of the Education Reform Act 1988 or in respect of which an order has been made under section 122A of that Act.
.
Pensionable employees
5
Schedule 2 to the principal Regulations shall be amended–
a
in column (1) of Part I, by inserting after the item relating to “The Broads Authority” the following:
A further education corporation.
;
b
in Part II, by adding at the end the following:
A whole–time employee of a designated institution which immediately before designation was assisted or maintained (within the meaning of the Education Act 1944) by a local education authority.
A whole–time employee of the governing body of a grant–maintained school which immediately before becoming such a school was a voluntary school.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
3rd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Kent Community Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Kent Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Kent Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Ash-Eton, Radnor Park West, Folkestone, Kent CT19 5HL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South East Kent Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South East Kent Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South East Kent 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
Brian Mawhinney
Minister of State
Department of Health
22nd October 1993


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1993.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1993 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent.
£ £ 0 154,000 NIL 154,000 — 40
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Greater London and Surrey (County and 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 —
“Bromley” means the London borough of Bromley;
“Croydon” means the London borough of Croydon;
“district” includes a borough and a London borough;
“electoral division” means an electoral division of the county of Surrey;
“the map” means one or more of the 19 maps prepared by the Department of the Environment, marked “Maps of the Greater London and Surrey (County and London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Reigate” means the Surrey borough of Reigate and Banstead;
“Surrey” means the county of Surrey;
“Tandridge” means the Surrey district of Tandridge; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a district ward.
Transfers from Greater London (Croydon) to Surrey (Reigate and Tandridge)
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater London, from Croydon and from the Croydon ward named in column 3 to —
a
Surrey;
b
the district mentioned in column 4;
c
the ward, electoral division and petty sessional division so mentioned; and to
d
the Surrey coroner’s district
and shall remain unparished.
TABLE
(1) (2) (3) (4) Area marked — On map Transferred from Greater London, from Croydon, and from the following ward of Croydon To Surrey, and to —
A, C, E & G 19 Woodcote and Reigate
A, C, E & F
A
18
17
Coulsdon West Chipstead-Hooley and Woodmansterne ward B & D 16 Coulsdon East
Banstead East electoral division
North & East Surrey petty sessional division
B 15 Coulsdon East
Tandridge
Chaldon ward
Caterham Hill electoral division
South East Surrey petty sessional division
A 14 Kenley
Tandridge
Portley ward
Caterham Hill electoral division
South East Surrey petty sessional division
B
G
11
12
Sanderstead
Tandridge
Warlingham West ward
Warlingham electoral division
South East Surrey petty sessional division
C & D 15 Coulsdon East
Tandridge
Westway ward
Caterham Hill electoral division
South East Surrey petty sessional division
B 12 & 13 Kenley
Tandridge
Whyteleafe ward
F
D
12
13
Sanderstead
Caterham Valley electoral division
South East Surrey petty sessional division
2
The areas markedB on map 11;D on map 13; F & G on map 12;A on map 14; and B on maps 12 and 13;B, C and D on map 15shall cease to form part of the Metropolitan Police District. Transfers from Surrey (Reigate and Tandridge) to Greater London (Croydon)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Surrey, from the district, from the ward, and from the parish (if any) named in column 3 to —
a
Greater London;
b
Croydon;
c
the Croydon ward mentioned in column 4;
d
the Croydon petty sessional division and the Southern London coroner’s district;
and shall become or remain unparished.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Surrey, and from — To Greater London, to Croydon, and to the following ward —
A & C 16
Reigate
Chipstead-Hooley and Woodmansterne ward
Coulsdon East
B, D & F
B & D
B
19
18
17
Reigate
Chipstead-Hooley and Woodmansterne ward
Woodcote and Coulsdon West
A & B 9
Chelsham and Farleigh, Tatsfield and Titsey ward
Parish of Chelsham and Farleigh
Tandridge
Heathfield C 9
Tandridge
Chelsham and Farleigh, Tatsfield and Titsey ward
Parish of Chelsham and Farleigh
New Addington A 15
Tandridge
Chaldon ward
Coulsdon East A12
Tandridge
Whyteleafe ward
Kenley Tandridge Sanderstead E 12 & 13 Whyteleafe ward A 11 Warlingham West A 10 Warlingham East B 10
2
The areas marked —
A, B and C on map 9;
A and B on map 10;
A on map 11;
A on map 12;
E on maps 12 and 13;and
A on map 15
shall additionally be transferred to the Metropolitan Police District.
Transfers within Greater London between Bromley and Croydon
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Bromley, and from the Bromley ward named in column 3 to Croydon, to the Croydon ward mentioned in column 4, and to the Croydon petty sessional division.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Bromley, and from the following ward — To Croydon, and to the following ward —
B 1 Anerley South Norwood D 9 Biggin Hill New Addington A & D2 Clock House Rylands F 9 Darwin New Addington A 8 C & E 7 C 3 Eden Park Monks Orchard B 4 E & G 2 F 6 West Wickham South Fieldway C & E 6 West Wickham South Heathfield F & G 7 West Wickham South New Addington E 6 D & F 5 West Wickham South Spring Park
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Croydon, and from the Croydon ward named in column 3 to Bromley, to the Bromley ward mentioned in column 4, and to the Bromley petty sessional division.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Croydon, and from the following ward To Bromley, and to the following ward
A, G & H 6 Fieldway West Wickham South A 5 Heathfield West Wickham South B & D 6 A 4 Monks Orchard Eden Park F 2 D 4 Monks Orchard West Wickham North E 9 New Addington Darwin B & D 7 J 6 New Addington West Wickham South B 2 Rylands Clock House A 1 South Norwood Anerley C 1 & 2 B, E, C & G 5 Spring Park West Wickham South E & F 4
3
All areas transferred by this article shall remain unparished.
Consequential ward changes within Croydon
6
The boundaries of wards in Croydon shall be altered as follows —
a
the part of the Kenley ward marked C on map 13 shall be transferred to the Sanderstead ward; and
b
the part of Monks Orchard ward marked C on map 4 shall be transferred to the Spring Park ward.
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Application of the Local Government Area Changes Regulations-Chipstead Valley Primary School
8
Notwithstanding the transfer of area G on map 19 from Greater London, and from Croydon to Surrey and to Reigate, regulation 62 (Property, liabilities, contracts, etc. , notices and proceedings) of the Local Government Area Changes Regulations 1976 shall not apply to the Chipstead Valley Primary School or to any part of its site.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
23rd April 1993


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (No. 2) Order 1993 and shall come into force on 15th July 1993.
Variation of section 153(1) of the Environmental Protection Act 1990
2
The following is hereby added to section 153(1) of the Environmental Protection Act 1990 after paragraph (u) :
v
the programme known as the Promotion of Positive Environmental Management in Industry Programme.
.
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
17th June 1993


text:
1
This Order may be cited as the Inheritance Tax (Indexation) (No. 2) Order 1993.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1994 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent
£ £ 0 153,000 NIL 153,000 — 40
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
1
1
This Order may be cited as the Education (Designated Institutions in Further Education) (No. 2) Order 1993 and shall come into force on 1st April 1993.
2
In this Order a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
2
Northern College, Barnsley (“the college”), being an educational institution of the kind described in subsections (1) and (2) of section 28, is hereby designated as an institution eligible to receive support from funds administered by the Further Education Funding Council for England or the Further Education Funding Council for Wales.
3
Section 32 (transfer of property, etc. , to designated institutions) shall have effect in relation to the college.
John Patten
Secretary of State for Education
9th March 1993


text:
1
This Order shall come into force on 23rd June 1993 and may be cited as the King’s Lynn — Newark Trunk Road (Leadenham By-pass and Slip Roads) Order 1973 (Revocation) Order 1993.
2
The King’s Lynn — Newark Trunk Road (Leadenham By-pass and Slip Roads) Order 1973 is hereby revoked.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
24th May 1993


text:
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 1993 and shall come into force on 2nd January 1994.
2
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended in accordance with the provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
Table
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £104.50 £98.80 3(b) £104.50 £98.80 4(2) £52.30 £49.40 5(2) £104.50 £98.80 6 £6.00 £5.70
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1993
We consent to the making of these Regulations
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1993