text:
1
1
The lengths of trunk road specified in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date on which the main new trunk road is first opened to public traffic.
2
When the lengths of trunk road specified in paragraphs 2 and 3 of that Schedule cease to be trunk road they shall be classified as classified road.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWM/71, marked “The A4 and A46 Trunk Roads (Batheaston/Swainswick Bypass and Slip Roads) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, 43 Marsham Street, London SW1P 3PY;
iii
“the main new trunk road” has the same meaning as in the “A4 and A46 Trunk Roads (Batheaston/Swainswick Bypass and Slip Roads) Order 1993 ”;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 15th March 1993 and may be cited as The A4 and A46 Trunk Roads (Batheaston/Swainswick Bypass and Slip Roads) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
24th March 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Training for Work (Miscellaneous Provisions) Order 1993 and shall come into force on 29th March 1993.
Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule
2
For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under Training for Work shall be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act and, accordingly, any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.
Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992
3
A payment made to a person in connection with his use of facilities provided under Training for Work shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 .
Signed by order of the Secretary of State.
Viscount Ullswater
Parliamentary Under Secretary of State,
Department of Employment
17th February 1993


text:
Citation and commencement
1
1
This Order may be cited as the Ealing, Hillingdon and Hounslow (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 Ealing, to Hillingdon or to Hounslow is a reference to the London borough of that name;
“the map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Ealing, Hillingdon and Hounslow (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 between Ealing and Hillingdon
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 Ealing, and from the ward named in column 3 to Hillingdon, to the ward named in column 4 and to the Hillingdon petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Ealing, and from the following ward — To Hillingdon, and to the following ward —
B 1 Glebe Botwell B 5 Mandeville Bourne D 1 Mount Pleasant Yeading A 1 Northcote Townfield B 3 West End Barnhill C & F 5 West End Bourne
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 Hillingdon, from the ward named in column 3 to Ealing, to the ward named in column 4, and to the Ealing petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Hillingdon, and from the following ward — To Ealing and to the following ward —
A 5 Bourne Mandeville
A
D, E & G
4
5
Bourne West End A 3 Charville West End B 2 Yeading Ravenor A 2 Yeading West End
Transfer from Hounslow to Hillingdon
4
The area which is marked C on map 1 shall be transferred from Hounslow, and from the Heston West ward to Hillingdon, to the Botwell ward, and to the Hillingdon petty sessional area.
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
12th May 1993


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Western Isles Islands Council (Brevig) Harbour Empowerment Order 1993 and shall come into force on 1st December 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the Council” means the Western Isles Islands Council;
“the deposited plan and sections” means the plan and sections signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Western Isles Islands Council (Brevig) Harbour Empowerment Order 1993” of which copies are deposited at the offices of the Secretary of State for Scotland and with the Council at Sandwick Road, Stornoway, Isle of Lewis, PA87 2BW;
“the harbourmaster” means any person appointed as such pursuant to article 3(3) of this Order, and includes his deputes and assistants and any person for the time being authorised by the Council to act, either generally or for a specific purpose, in the capacity of harbourmaster;
“the harbour premises” means the quays, piers, landing places and all other works, land and buildings for the time being vested in, or occupied or administered by the Council as part of the undertaking;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Scottish office Agriculture and Fisheries Department, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Council at Sandwick Road, Stornoway, Isle of Lewis, PA87 2BW;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaking” means the harbour undertaking for the time being of the Council at Brevig on the island of Lewis;
“the works” means the works authorised by this Order, or as the case may require any part thereof, and includes any work constructed pursuant to article 26 (Subsidiary works) of this Order.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be constructed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART II
HARBOUR REGULATION
Harbour jurisdiction
3
1
The area within which the Council shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964 and within which the powers of the harbourmaster shall be exercised shall comprise the harbour premises, together with so much of the waters of Broad Bay (or Loch a' Tuath) below the level of high water as is shown coloured blue on the signed plan, being an area within the following imaginary straight lines:–
a
a line from a point at Latitude 58° 16.04'N, Longitude 6° 17.96'W to a point at Latitude 58° 15.76'N, Longitude 6° 17.96'W;
b
a line from that point to a point at Latitude 58° 15.76'N, Longitude 6° 16.76'W;
c
a line from that point to a point at Latitude 58° 16.23'N, Longitude 6° 16.76'W.
2
In the event of any discrepancy between the harbour limits as described in paragraph (1) above and the limits s hown on the signed plan, the limits described in the said paragraph shall be deemed to be correct and shall prevail.
3
For and incidental to their functions under this Order, the Council may employ and appoint a harbourmaster.
Moorings
4
1
The Council may provide, place, lay down, maintain, renew, use or remove such moorings, buoys and similar apparatus within the harbour as they consider necessary or desirable for the convenience of vessels.
2
The Council may from time to time grant a licence to any person to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.
3
Any person who, without reasonable excuse, shall place, lay down, maintain, renew, or use a mooring, buoy or similar apparatus for vessels within the harbour except under and in accordance with the terms and conditions of a licence granted under this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Any licence granted under paragraph (2) above shall be valid only for a period of three years commencing with the date on which it takes effect.
5
The Council may charge a reasonable fee for the grant of a licence under this article.
Power to dredge
5
1
The Council may from time to time, as may appear to them to be necessary or desirable for the purposes of the undertaking, deepen, widen, dredge, scour and improve the bed and foreshore of the harbour and the approaches thereto, and may blast any rock in that area.
2
Subject to the provisions of article 35 (Crown rights) of this Order, any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) taken up or collected in the course of such operations shall be the property of the Council and may be used, sold, removed, deposited or otherwise disposed of as the Council may think fit:
Provided that the Council shall not lay down or deposit any materials below the level of high water except in such position as the Secretary of State may approve and subject to such conditions and restrictions as he may impose.
General byelaws
6
1
The Council may from time to time make byelaws for the efficient management and regulation of the harbour and the undertaking.
2
Without prejudice to the generality of paragraph (1) above, byelaws made under this article may provide for–
a
preventing and removing obstructions or impediments within the harbour, and at or in or on the quays and other works and accesses of the harbour;
b
regulating the berthing or removal of vessels lying in any part of the harbour;
c
regulating the management and superintendence of the harbour;
d
regulating the conduct of the owners, masters and crews of vessels and the conduct of boatmen with regard to the rate of speed at which they may proceed within the harbour and the mode of navigating vessels;
e
regulating the conduct of persons working in or resorting to any fish market operated or maintained by the Council and for preventing nuisances at any such market;
f
regulating the use of any fish market provided, operated or maintained by the Council;
g
regulating the conveyance to and the laying down at or on the quays of the harbour, of all goods intended for shipment;
h
regulating the conveyance, landing, laying down, discharge and removal of goods, gear, equipment, timber, logs, floats, or rafts of timber and other items within the harbour.
3
Byelaws made under this article may–
a
provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given thereunder on summary conviction, fines not exceeding level 3 on the standard scale;
b
relate to the whole of the harbour or to any part thereof;
c
make different provisions for different parts of the harbour or in relation to difference classes of vessels.
4
Where a person is charged with an offence against a byelaw in force under this article, it shall be a defence that the offence was not caused or facilitated by any act or neglect on his part or on the part of any person engaged or employed by him and, if he was at the material time the owner or master of a vessel, that all reasonable steps were taken to prevent the commission of the offence.
5
For byelaws made under this article the confirming authority for the purposes of section 202 of the Local Government (Scotland) Act 1973 shall be the Secretary of State; and where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
Power to detain vessels, etc. , in certain circumstances
7
If any person contravenes any of the provisions of this Order or of any byelaw made thereunder by the Council and any damage is occasioned thereby to the property of the Council, they may in addition to any right they have to recover from any such person the cost of repairing or making good any such damage, detain any vessel or other property belonging to or in charge of such person or belonging to his employers until the cost has been paid or until reasonable security therefor has been given to the Council.
Special directions
8
1
The harbourmaster may give a direction under this article in respect of a vessel anywhere in the harbour for any of the following purposes:–
a
requiring persons to comply with a requirement made in or under a general direction;
b
regulating or requiring the movement, berthing, mooring or unmooring of the vessel;
c
regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores and the dispatch of its business at harbour premises;
d
specifying the precautions to be taken in respect of apparatus, machinery and equipment;
e
as to the use of the motive power of the vessel;
f
prohibiting or restricting the use of fires or lights;
g
as to the use of ballast;
h
requiring the removal from any part of the harbour of a vessel if–
i
it is on fire; or
ii
it is in such condition as to be liable to become immobilised or waterlogged, or to sink; or
iii
it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment thereof by other vessels or persons; or
iv
its removal is necessary to enable maintenance or repair work to be carried out to harbour premises or to premises adjacent thereto,
and requiring its removal outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life (including wildlife) or to property.
2
A special direction maybe given in any manner considered by the harbourmaster to be appropriate.
Failure to comply with directions
9
1
The master of a vessel who fails to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Without prejudice to any other defence, it shall be a defence to a charge made pursuant to paragraph (1) above that the master had reasonable ground for believing that to comply with the direction in question would have endangered life or imperilled the safety of any vessel or its cargo, or that for other reason such compliance was impracticable.
Enforcement of special directions
10
1
Without prejudice to any other remedy available to the Council, if a special direction is not complied with within a reasonable time, the harbourmaster may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to attend to a special direction, the harbourmaster may proceed as if the direction had been given and not complied with:
Provided that the powers of this paragraph shall not be exercised–
a
in relation to a vessel other than a lighter unless, after reasonable inquiry has been made, the master cannot be found; or
b
in relation to a lighter unless it is obstructing or interfering with navigation.
3
Expenses incurred by the Council in the exercise of the powers conferred by paragraph (1) above shall be recoverable by them as if they were a charge of the Council in respect of the vessel.
Master’s responsibility in relation to special directions
11
The giving of a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board the vessel, to the cargo or any other person or property.
PART III
CHARGES
Liability for charges
12
1
Charges payable to the Council on or in respect of–
a
a vessel, shall be payable by the owner or master thereof;
b
goods, shall be payable by the owner, consignee or shipper thereof.
2
Where a charge payable to the Council may be recovered from more than one person the persons from whom it is recoverable shall be jointly and severally liable.
Exemptions, rebates, etc., in respect of charges
13
1
The Council may confer total or partial exemptions from, allow rebates to or make compositions with any person with respect to charges, and may vary or extinguish any such exemption or composition.
2
Nothing in section 30 of the Harbours Act 1964 shall require the Council to include in the list of ship, passenger and goods dues kept at the harbour office, as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in the said list.
Security for charges
14
The Council may require a person who incurs or is about to incur a charge to deposit with them, or to guarantee, such sum of money as is, in the opinion of the Council, reasonable having regard to the amount or probable amount of the charge, and where such a person fails to deposit or guarantee the sum of money required the Council may detain the vessel in the harbour or goods on or in harbour premises, in respect of which the charge has been or will be incurred, until the requirement has been complied with or the charge paid.
Liens for charges
15
1
A person, who by agreement with the Council collects charges on their behalf and who pays or gives security for the payment of charges on goods in his possession shall have a lien on those goods for the amount paid or security given in respect thereof.
2
A wharfinger or carrier who is not himself liable for the payment of charges may pay or by agreement with the Council give security for charges on goods in his custody, and in that event he shall have a like lien on the goods for the amount of those charges as he would have in respect of his charges for safe custody or carriage of the goods, as the case may be.
Refusal to pay charges for landing place
16
An officer of the Council may prevent a vessel from using a landing place provided by the Council, if the master of the vessel refuses to pay the charges for such use.
Exemptions from charges
17
1
Except in so far as may be agreed between the Council and the government department or person concerned or as may be specifically laid down by statute, nothing in any enactment authorising the Council to levy charges shall extend to authorise them to levy charges on–
a
a vessel–
i
belonging to or in the service of Her Majesty or any member of the Royal Family; or
ii
in the service of the Commissioners of Customs and Excise and not carrying goods for reward; or
iii
in the service of the Commissioners of Northern Lighthouses and not carrying goods for reward; or
iv
belonging to or used by the lifeboat service whilst employed in or in connection with the functions of that service;
b
the Commissioners of Customs and Excise in respect of a vessel or goods under customs seizure;
c
troops landed at the harbour premises or a person employed by the Secretary of State for Defence while in the execution of his duty;
d
goods or stores belonging to the Secretary of State for Defence.
2
Officers of the Department of Transport in the execution of their duty shall at all times be exempt from charges in respect of their vessels and otherwise.
3
This Order shall not extend to subject any person to liability for charges in respect of a vessel which merely passes through the limits of the harbour without mooring or making use of any facilities provided by the Council.
Conditions as to payment of charges
18
1
Charges shall be payable subject to such terms and conditions as the Council may from time to time specify in their published list of charges.
2
Without prejudice to the generality of paragraph (1) above the terms and conditions may prescribe the time when a charge falls due for payment and may require such information to be given to the Council by the owner or master of a vessel or a person using a service or facility of the Council as the Council may require in connection with the assessment or collection of a charge.
PART IV
FISH MARKET
Power to provide, operate and maintain fish market
19
The Council may provide, operate and maintain a fish market for the sale of fish at any convenient place in or adjacent to the harbour and on any lands belonging to the Council or which they may acquire by agreement with all such appliances and fittings as they may deem necessary for the purposes thereof and they may divide or allocate any parts or part thereof into stalls or other defined or limited places and make provision for the cleansing and general management thereof and may provide and operate in connection with the fish market such services and facilities as may be requisite or expedient and they shall have the sole operation, superintendence and management thereof and they may fix and regulate the hours during which the said fish market or any part thereof shall be open.
Power to make charges
20
The Council may demand, take and recover` such reasonable charges, rates and dues as they think fit for the use of any fish market provided, operated or maintained by them and for services and facilities provided by them in relation thereto.
Officer for fish market
21
The Council may appoint such person or persons as they think fit to superintend the traffic within the fish market and to carry out the regulations, byelaws and orders of the Council thereat.
Power to lease fish market and enter into agreements
22
The Council may for such consideration and upon such terms and conditions and subject to such restrictions and for such period as they think fit sell, feu, lease, excamb or otherwise dispose of the whole or any part of the lands which from time to time form the fish market and may carry into effect agreements with respect to any offices, stalls and ancillary buildings in connection therewith.
PART V
WORKS
Power to construct works
23
Subject to the provisions of this Order, the Council may in the lines and situations and within the limits of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct, execute and maintain the works hereinafter described, with all necessary works and conveniences connected therewith, in the Coll Electoral Division, parish of Stornoway on the island of Lewis in the Western Isles Islands Area–
Work No.1
The construction at Brevig of a harbour comprising a rectangular tidal basin commencing at a point at NB48265 39003 and extending in a generally south-south-easterly direction for a distance of 50 metres to a point at NB48300 38950 and there terminating, having a width of 30 metres, by excavation from solid rock bounded on its northern, eastern and southern sides and partially on its western side by concrete lined walls.
Work No.2
An access channel excavated from the foreshore and seabed to provide access for vessels between the sea and the harbour (Work No.1), commencing at a point at NB48285 38929 and extending in a northerly direction for a distance of 80 metres to a point at NB48290 39000, thence in a generally north-north-easterly direction for a distance of 8 metres to a point at NB48295 38995 and there terminating.
Work No.3
A vehicle parking and storage area of solid construction and of irregular shape, partially on the foreshore and partially on land adjacent thereto lying westward of Work No.1, commencing at a point at NB48215 38965 and extending in a generally east-north-easterly direction for a distance of 90 metres to a point at NB48265 39015 and there terminating, having a maximum width of 80 metres and a minimum width of 30 metres and surrounded on its seaward face by a rock-armoured slope.
Work No.4
A slipway of solid construction 4 metres wide commencing at a point at NB48270 38975 on the southern side of Work No.3 and extending in a generally south-south-easterly direction for a distance of 20 metres to a point at NB48280 38965 and there terminating.
Power to renew, etc., works
24
Subject to the provisions of this Order the Council may, within the limits of deviation, renew, replace, or otherwise alter temporarily or permanently the works.
Power to deviate
25
Subject to the provisions of this Order, in the construction or execution of the works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres.
Subsidiary works
26
Subject to the provisions of this Order the Council for the purposes of or in connection with the works may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
Works deemed to be within Western Isles Islands Area
27
So much of any work constructed or placed pursuant to this Order as is not within the Western Isles Islands Area shall be deemed for all purposes to be within that Area.
PART VI
MISCELLANEOUS
Tidal works not to be executed without approval of Secretary of State
28
1
A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this section–
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may executed the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Lights on tidal works during construction
29
1
The Council shall at or near a tidal work during the whole time of the construction, execution, renewal, replacement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
30
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Survey of tidal works
31
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Council.
Provision against danger to navigation
32
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Council shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Council fail to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
33
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this section.
3
If, on the expiration of 30 days from the date when a notice under this section is served upon the Council, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
As to section 10 of Harbours, Piers and Ferries (Scotland) Act 1937
34
Section 10 (application of 10 & 11 Vict. c.27, &C.) of the Harbours, Piers and Ferries (Scotland) Act 1937 shall not apply to the harbour.
Crown Rights
35
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
23rd November 1993


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) (No. 2) Order 1993 shall come into force on 31st March 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Social Security Administration Act 1992;
“period overrun” has the same meaning as in Schedule 4;
“relevant year” means the year ending 31st March 1993;
“the 1991 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ;
“the 1992 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 .
3
In this Order, a reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, a reference in an article or a Schedule to a numbered paragraph or Part is to the paragraph or Part, as the case may be, bearing that number in that article or that Schedule.
PART II
HOUSING BENEFIT SUBSIDY
Interpretation of Part II
2
1
In this Part of this Order, unless the context otherwise requires–
“the 1982 Act ” means the Social Security and Housing Benefits Act 1982 ;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;
“board and lodging accommodation” means–
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accomodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations ;
“housing benefit subsidy” means subsidy under section 135(1) of the Act (rate rebate, rent rebate and rent allowance subsidy payable) and under section 30(1A) of the Social Security Act 1986 (community charge rebate subsidy payable);
“rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“relevant date” has the same meaning as in Schedule 6;
“scheme” means the housing benefit scheme as defined in section 123 of the Social Security Contributions and Benefits Act 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;
“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“termination date” has the same meaning as in Schedule 6;
and other expressions shall have the same meanings as in the Housing Benefit Regulations or, as the case may be, the Scottish Regulations.
2
In this Part of this Order–
“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less–
a
the deductions specified in article 13; and
b
where, under subsection (8) of section 134 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year–
a
for the purposes of section 135(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section135(5) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the costs of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
4
1
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 135(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be–
a
in the case of an authority to which articles 5, 6, 7, 8, 9, 10 and 11 do not apply, 95 per cent. of its housing benefit qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant an amount equal to the aggregate of–
i
95 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the additions, where applicable, under article 12 but subject, in each case, to the deduction, where applicable, under article 14.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being–
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its housing benefit qualifying expenditure, but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
3
Where, during the relevant year there is a period overrun in respect of either rebates or allowances, or both, then the housing benefit subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of–
a
an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of allowances to the extent that the overrun relates to allowances; and
b
an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of rebates to the extent that the overrun relates to rebates.
Backdated benefit
5
1
Subject to paragraph (2), where–
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s housing benefit qualifying expenditure is attribu table to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 9 applies.
Disproportionate rent increase
6
1
Except in a case to which paragraph (6) or (7) applies, and for the purposes of article 4(1)(b)(ii), where the average rent increase differential, as calculated in accordance with paragraph (4), for an appropriate authority has a value greater than zero, the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent. of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (4).
2
For the purposes of paragraphs (3) and (4)–
a
the value of C shall be determined by dividing B by A where–
A is the average rent charged by the authority to Category A tenants on the first relevant date, and
B is the average rent charged by the authority to Category B tenants on the second relevant date;
b
the value of F shall be determined by dividing E by D where–
D is the average rent for Category B tenants on the first relevant date, and
E is the average rent for Category B tenants on the second relevant date;
c
the value of I shall be determined by dividing H by G where–
G is the average rent charged by the authority in respect of Category 1 dwellings on the second relevant date, and
H is the average rent charged by the authority in respect of Category 1 dwellings on the third relevant date; and
d
the value of L shall be determined by dividing K by J where–
J is the average rent charged by the authority in respect of Category 2 dwellings on the second relevant date,
K is the average rent charged by the authority in respect of Category 2 dwellings on the third relevant date.
3
In this article the average rent increase differential for each appropriate authority shall be calculated by applying the formula–
( C × I ) - ( F × L )
where
C, F, I and L each has the value determined in accordance with paragraph (2).
4
The portion of housing benefit qualifying expenditure attributable to rent rebates granted during the relevant year and referred to in paragraph (1), shall be determined by dividing the average rent increase differential by the product of (F times; L), where F and L have the values given to them in paragraph (2) respectively.
5
In this article–
“average” means the arithmetic mean;
“Category A tenants” means tenants of the authority, other than a specified person, who on the first and second relevant dates were in receipt of rent rebates and were resident at the same address on both dates;
“Category B tenants” means tenants of the authority, other than a specified person, who were not in receipt of rent rebates on the first and second relevant dates but were resident at the same address on both dates;
“Category 1 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were in receipt of rent rebates;
“Category 2 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were not in receipt of rent rebates;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority, occurring in March 1989;
“second relevant date” means the 11th November 1991;
“third relevant date” means the date in March 1993 which is the same as the first relevant date, but if the date in March 1993 falls in a rent free period the date in March which is closest to it and which does not fall in a rent free period;
“rent” means either–
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent) ; or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (2) it has the same meaning throughout in relation to that authority; and
“a specified person” means a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation.
6
This article shall not apply in a case to which either article 9 or 10 applies.
7
In England and Wales this article shall only apply to expenditure attributable to rent rebates granted by new town corporations and the Development Board for Rural Wales.
Treatment of high rents
7
1
Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 5 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold–
a
which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or
c
where a rent assessment committee has not made a rent determination because they are satisfied that the rent is at or below the fair rent level and a rent officer is not required to make a determination under paragraph 7(2) of Schedule 1 of the Rent Officers Order ; or
d
where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
e
where the relevant dwelling is situated within the area of a housing action trust established under Part III of the Housing Act 1988 (Housing Action Trust Areas); or
f
where the dwelling is an excluded tenancy by virtue of paragraph 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
4
This article shall not apply in a case to which article 8 or 9 applies.
Rent officers' determinations
8
1
Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 6.
2
This article applies where–
a
an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and
b
the officer makes a determination under that Order.
3
Except in a case to which paragraph (4) applies, this article also applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for that determination.
4
This paragraph applies in a case where–
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
5
This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.
7
Where no determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is required to be made by the rent officer in accordance with article 5(2) of the Rent Officers Order this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date of the application to the rent assessment committee, or 1st April 1992, whichever is the later date.
Treatment of certain residential accommodation
9
Where any part of an authority’s housing benefit qualifying expenditure is attributable to rebates or allowances granted under the 1982 Act to persons in respect of accommodation provided under–
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or
b
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year shall be 90 per cent. of the housing benefit qualifying expenditure so attributable.
Homeless cases
10
1
Where paragraph (3) applies, any part of the housing benefit qualifying expenditure of an authority within an area listed in column (1) of Schedule 7 attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Schedule, then for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be–
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates;
b
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be–
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess,
and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold, which–
a
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accommodation made available to that person;
b
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, made available to that person;
c
a person is required to pay to an authority for accommodation outside the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person;
d
in the case of Scotland, a person is required to pay to an authority for accommodation within the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person.
Overpayment of rebates or allowances
11
1
Subject to paragraph (7), where any part of an authority’s housing benefit qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 4(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraphs (3), (4), (5) and (6), the appropriate amount shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment; and
b
in the case of an overpayment caused by departmental error, 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpay ment as has not been recovered by the authority and nil per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has been recovered by the authority; and
c
in the case of a technical overpayment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment for a period not exceeding 2 benefit weeks beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to the overpayment; and
d
where a rebate has been granted in advance and the authority subsequently identifies a recoverable overpayment which does not arise from a change in circumstances, the amount appropriate to that overpayment as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks beginning with the benefit week after the week in which that overpayment is so identified by that authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to that overpayment; and
e
in the case of any other overpayment, 25 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment.
3
In paragraph (2)(a) and article 12(1)(b)(i) “overpayment caused by an error of the authority making the payment” means an overpayment caused by a mistake made or something done or omitted to be done by that authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph (2)(b) and article 12(1)(b)(ii) “overpayment caused by departmental error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
5
In paragraph (2)(c) and article 12(1)(b)(iii) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and a change in circumstances reduces or eliminates entitlement to that rebate beginning with the benefit week following the week in which the change is disclosed to the authority.
6
This article shall not apply to that part of any rebate or allowance to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made) applies.
7
Any reference in this article to an overpayment shall not include any rebate or allowance for any benefit period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations except for so much of any rebate or allowance to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Additions to housing benefit subsidy
12
1
The additions referred to in article 4(1) shall be of the following amounts where–
a
following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraph (2), during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990, 31st March 1991, and 31st March 1992, as the case may be, and an amount is to be deducted under article 13 in relation to that overpayment, an amount equal to–
i
in the case of an overpayment caused by an error of the authority making the payment, within the meaning of article 11(3), 15 per cent. of the overpayment;
ii
in the case of an overpayment caused by departmental error, within the meaning of article 11(4), 95 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority;
iii
in the case of a technical overpayment, within the meaning of article 11(5), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment; or
iv
in the case of any other overpayment, 25 per cent. of the overpayment.
2
The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990, but discovered in the relevant year as a result of a reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge).
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
13
1
The deductions referred to in article 2(2)(a) are, subject to paragraph (2), to be of the following amounts where–
a
a tenant of an authority, who is in receipt of a rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement–
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award–
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligaton;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensa tion for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Housing Benefit Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year it is discovered that a payment of community charge rebate has been overpaid in the relevant year as a result of the reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge), the amount of the overpayment;
f
subject to article 15, during the relevant year it is discovered that a rebate or allowance has been paid under the 1982 Act in excess of entitlement, the amount of such excess;
g
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by departmental error within the meaning of article 11(4), where the overpayment had occurred and been discovered in a year earlier than the relevant year, the amount so recovered;
h
during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990, 31st March 1991 and 31st March 1992, as the case may be, the amount of such overpayment, but only to the extent that–
i
the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit (Subsidy) Order 1989 or of the Housing Benefit (Subsidy) Order 1990 or under article 4 of the 1991 Order or of the 1992 Order, as the case may be; and
ii
the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 , or as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applied;
j
during the relevant year any instrument of payment issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more sub-paragraphs of paragraph (1) only the higher or highest or, where the amounts are equal, only one amount, shall be deducted.
Deduction from housing benefit subsidy
14
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 4 years ending on 31st March 1992 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 4(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.
Modification of housing benefit subsidy on payments in excess of entitlement
15
1
Notwithstanding any provision made under the 1982 Act in respect of housing benefit paid in excess of entitlement under that Act, where an overpayment of such benefit to which any such provision applies made in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, within the meaning of article 11(3), 15 per cent. of the overpayment; and
b
in the case of an overpayment caused by departmental error, within the meaning of article 11(4), 95 per cent. of so much of the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 25 per cent. of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefit Regulations 1985 (interpretation) as previously in force.
PART III
COMMUNITY CHARGE BENEFIT SUBSIDY
Interpretation of Part III
16
1
In this Part of this Order, unless the context otherwise requires–
“appropriate authority” means a charging authority to which section 139(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 139(3) of the Act refers;
“community charge benefit subsidy” means subsidy under section 140 of the Act;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ,
and other expressions shall have the same meanings as in the Community Charge Benefits Regulations.
2
In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less–
a
the deductions specified in article 22; and
b
where, under sub-section (6) of section 139 of the Act (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of community charge benefit subsidy
17
The amount of an appropriate authority’s community charge benefit subsidy for the relevant year–
a
for the purposes of section 140(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 18;
b
for the purposes of section 140(5) of the Act (subsidy in respect of the costs of administering community charge benefits) may include an additional sum in respect of the costs of administering community charge benefits calculated in accordance with Schedule 2.
Community charge benefit
18
1
Subject to paragraph (2), for the purposes of section 140(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be–
a
in the case of an appropriate authority to which articles 19 and 20 do not apply, 95 per cent. of its community charge benefit qualifying expenditure;
b
in the case of an appropriate authority to which at least one of those articles is relevant an amount equal to the aggregate of–
i
95 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus
ii
the appropriate amount calculated in respect of the community charge benefit under each such article,
plus, in each case, the addition, where applicable, under article 21, less in each case the deduction, where applicable, under article 23.
2
Where, during the relevant year there has been a period overrun in respect of community charge benefit, that authority’s community charge benefit subsidy for that year shall be adjusted by deducting from the subsidy otherwise due under this article an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 4, of the community charge benefit qualifying expenditure for that authority.
Backdated benefit
19
Where–
a
during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and
b
any part of that appropriate authority’s community charge benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 18(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.
Excess community charge benefits
20
1
Subject to paragraph (7), where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 18(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraphs (3), (4), (5) and (6), the appropriate amount shall be–
a
in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
b
in the case of excess benefits allowed in consequence of departmental error, 95 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and
c
in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits, for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
d
where benefits have been allowed in advance and the appropriate authority subsequently identifies recoverable excess benefits which do not arise from a change in circumstances, the amount appropriate to the excess benefits as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks, beginning with the benefit week after the week in which those excess benefits are so identified by that authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to those excess benefits; and
e
in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.
3
In paragraph 2(a) and article 21(b)(i) “excess benefits allowed in consequence of an error of the appropriate authority making the payment” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
4
In paragraph 2(b) and article 21(b)(ii) “excess benefits allowed in consequence of departmental error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
5
In paragraph 2(c) and article 21(b)(iii) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being allowed in advance and a change in circumstances reducing or eliminating entitlement to those benefits, beginning with the benefit week next following the week in which the change is disclosed to the appropriate authority.
6
This article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.
7
Any reference in this article to excess benefits shall not include any community charge benefit for any benefit period overrun or any period immediately following expiry of the specified period determined under regulation 54 of the Community Charge Benefit Regulations except for so much of any such benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Addition to community charge benefit subsidy
21
The addition referred to in article 18 shall be of the following amounts–
a
in a case where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
in a case where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, and an amount is to be deducted under article 22 in relation to those excess benefits, an amount equal to–
i
where the excess benefits are allowed in consequence of an error of the appropriate authority making the payment, within the meaning of article 20(3), 15 per cent. of the excess benefits;
ii
where the excess benefits are allowed in consequence of a departmental error, within the meaning of article 20(4), 95 per cent. of that part of the excess benefits which have not been recovered by the appropriate authority and nil per cent. of the remainder of the excess benefits;
iii
where technical excess benefits, within the meaning of article 20(5), are allowed, 15 per cent. of the excess benefits for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and nil per cent. of the excess benefit for any period thereafter;
iv
where excess benefits are allowed for any other reason, 25 per cent. of the excess benefit.
Deductions to be made in calculating subsidy in respect of community charge benefit
22
1
The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts, namely–
a
where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulations (meaning of excess benefits), the amount attributable to that excess;
b
where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations (increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;
c
where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of departmental error within the meaning of article 20(4) and where the excess benefit had occurred and been discovered in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount so recovered;
d
where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount of the excess benefits, but only to the extent that–
i
the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under either article 15 of the 1991 Order or article 16 of the 1992 Order, as the case may be; and
ii
the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made);
e
where during the relevant year any instrument of payment which was issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.
Deduction from community charge benefit subsidy
23
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 2 years ending on 31st March 1992 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 18(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.
PART IV
Revocation
24
The Housing Benefit and Community Charge Benefit (Subsidy) Order 1993 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
30th March 1993
We consent,
T. J. Wood
Greg Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1993


text:
1
1
This Order may be cited as the Combined Probation Areas (Kent) Order 1993.
2
This Order shall come into force on 1st April 1993 save that, for the purpose of making appointments to the probation committee for the Kent Probation Area to take effect on that date, this Order shall come into force forthwith.
2
The entry in Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Kent Probation Area shall be amended by substituting in column 3 —
a
“1” for “2” in each place in which it occurs; and
b
“2” for “3” in the entry in respect of the petty sessions area of Medway.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
31st January 1993


text:
Title and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Sera and Glandular Products) (Revocation) Order 1993 and shall come into force on 14th June 1993.
Revocation
2
The Foot-and-Mouth Disease (Sera and Glandular Products) Order 1939 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th May 1993
David Hunt
Secretary of State for Wales
19th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford Hospitals National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 12th August 1993.
2
In this Order —
“the Authority” means Bradford Health Authority;
“the Trust” means the Bradford Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 3rd February 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th August 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th July 1993


text:
Citation and Commencement
1
This Order may be cited as the Education (Designated Institutions in Further and Higher Education) (Interpretation) (Amendment) Order 1993 and shall come into force on 19th April 1993.
Interpretation of references to governing bodies
2
The Education (Designated Institutions in Further and Higher Education) (Interpretation) Order 1993 shall be amended by the insertion in Schedule 1 thereto (references to be read as references to the company) of the following additional references —
Place to be inserted Additional reference
after the Education Reform Act 1988 , section 133 the Education Reform Act 1988, section 135(2) after the Further and Higher Education Act 1992, section 48 the Further and Higher Education Act 1992, section 53(2).
John Patten
Secretary of State for Education
25th March 1993
David Hunt
Secretary of State for Wales
25th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil (Amendment) Regulations 1993, and shall come into force on 15th October 1993.
Amendment of the Hydrocarbon Oil Regulations 1973
2
The Hydrocarbon Oil Regulations 1973 shall be amended as follows.
3
In regulation 2 (definitions) —
a
the definition of “heated oil” shall be omitted;
b
after the definition of “heavy oil vehicle” there shall be inserted —
“liquid” does not include any substance which is gaseous at a temperature of 15°C and under a pressure of 1013.25 millibars;
;
c
after the definition of “plant” there shall be inserted —
“standard litre” shall mean a litre of any liquid at a temperature of 15°C;
.
4
1
In regulations 12 and 27 for the word “litres”, wherever it occurs, there shall be substituted the words “standard litres”.
2
In regulation 12(1)(c) the words following “that oil” (in the first place where those words occur) shall be omitted.
5
Regulations 13, 15, 16 and 24 shall be omitted.
6
After regulation 50 there shall be inserted —
MEASUREMENT OF VOLUME
51
1
Where pursuant to section 12 of the Finance Act 1993 the volume of any liquid is to be calculated in accordance with regulations made under that section its volume shall be calculated in the following manner —
a
subject to any requirement made by the authorised person in accordance with regulation 14 above, its volume, density and temperature shall be measured; and
b
its volume in standard litres shall then be determined by means of reference to such internationally recognised conversion tables as, in the opinion of the Commissioners, are suitable for this purpose.
2
In ascertaining for the purposes of the Hydrocarbon Oil Duties Act 1979 —
a
the amount of any duty of excise chargeable on any liquid by virtue of that Act; or
b
the amount of any rebate allowable on any such liquid by virtue of that Act,
except as otherwise provided for in this regulation, the volume of that liquid shall be taken (if it would not otherwise be so taken) to be what would be its volume in standard litres.
3
Where any hydrocarbon oil is imported or removed for home use in a quantity or in circumstances where, in the opinion of the authorised person, it is inexpedient to measure the temperature of that oil the temperature shall be assumed to be 15°C.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
15th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swindon and Marlborough 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 Swindon and Marlborough 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 Swindon and Marlborough National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Princess Margaret Hospital, Okus Road, Swindon, Wiltshire SN1 4JU and associated hospitals;
b
to manage community health services provided from Princess Margaret Hospital, Okus Road, Swindon, Wiltshire SN1 4JU 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 Swindon 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 Swindon 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 Swindon Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


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