text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 4) Order 1992 and shall come into force on 17th July 1992.
2
In this Order —
“the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Amendment of interpretation article
2
In article 1(2) of the 1988 Order (interpretation) —
a
after the definition of “landscaping” insert —
“by local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;
b
after the definition of “satellite antenna” insert —
“by site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
Notice of applications for planning permission
3
1
For article 12 of the 1988 Order substitute —
Notice of application for planning permission
12
1
Subject to paragraph (2), an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant, —
a
by serving the notice on every such person whose name and address is known to him; and
b
where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement after the prescribed date.
2
In the case of a minerals application by underground working, instead of giving notice in the manner provided for by paragraph (1), the applicant shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant, —
a
by serving the notice on every such person who the applicant knows to be such a person and whose name and address is known to him;
b
by local advertisement after the prescribed date; and
c
by site display in at least one place in every parish or community within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.
3
The notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.
4
The applicant shall not be treated as having failed to satisfy the requirements of paragraph (2)(c) if the notice is, without any fault or intention of his, removed, obscured or defaced before the period of seven days referred to in that paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement.
5
a
The date prescribed for the purposes of section 65(2) of the Act, and the “prescribed date” for the purposes of this article, is the day 21 days before the date of the application;
b
The applications prescribed for the purposes of paragraph (c) of the definition of “owner” in section 65(8) of the Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.
6
In this article —
“minerals applications” mean applications for planning permission for develop-ment consisting of the winning and working of minerals;
“requisite notice” means notice in the appropriate form set out in Part 1 of Schedule 4 to this Order; and
“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.
Certificates in relation to notice of applications for planning permission
12A
1
Where an application for planning permission is made, the applicant shall certify, in the appropriate form prescribed in Part 2 of Schedule 4 hereto, that the requirements of article 12 have been satisfied.
2
If an applicant has cause to rely on paragraph (4) of article 12, the certificate must state the relevant circumstances.
.
2
In article 10 of the 1988 Order (general provisions relating to applications) —
a
in paragraph (2)(a) for “section 27 (notification to owners and agricultural tenants) of the Act” substitute “article 12A”;
b
in paragraph (2)(b) for “section 27 of the Act” substitute “article 12A”.
3
In article 26 of the 1988 Order (appeals) —
a
omit paragraph (3)(d);
b
in paragraph (3)(e) for “section 26 or 27 of the Act” substitute “article 12A”.
Publicity for applications for planning permission
4
After article 12A of the 1988 Order (inserted by article 3 of this Order) insert —
Publicity for applications for planning permission
12B
1
An application for planning permission shall be publicised by the local planning authority to which the application is made in the manner prescribed by this article.
2
In the case of an application for planning permission for development which —
a
is the subject of an E.A. Schedule 1 or E.A. Schedule 2 application accompanied by an environmental statement;
b
does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or
c
would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 applies,
the application shall be publicised in the manner specified in paragraph (3).
3
An application falling within paragraph (2) ( “a paragraph (2) application”) shall be publicised by giving requisite notice by —
a
site display in at least one place on or near the land to which the application relates for not less than 21 days, and
b
local advertisement.
4
In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised by giving requisite notice by —
a
i
site display in at least one place on or near the land to which the application relates for not less than 21 days, or
ii
serving the notice on any adjoining owner or occupier,
and
b
local advertisement.
5
In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by giving requisite notice by —
a
site display in at least one place on or near the land to which the application relates for not less than 21 days, or
b
serving the notice on any adjoining owner or occupier.
6
The local planning authority shall not be treated as having failed to satisfy the requirements of paragraph (3)(a), (4)(a)(i) or (5)(a) if the notice is, without fault or intention of the authority, removed, obscured or defaced before the period of 21 days referred to in each of those paragraphs has elapsed, if they have taken reasonable steps for its protection and, if need be, replacement.
7
In this article —
“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;
“E.A. Schedule 1 application” and “E.A. Schedule 2 application” have the same meanings as “Schedule 1 application” and “Schedule 2 application” respectively in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ;
“environmental statement” has the same meaning as in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988;
“major development” means development involving any one or more of the following —
the winning and working of minerals or the use of land for mineral-working deposits;
waste development;
the provision of dwellinghouses where —
the number of dwellinghouses to be provided is 10 or more; or
the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);
the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
development carried out on a site having an area of 1 hectare or more;
“requisite notice” means notice in the appropriate form set out in Schedule 5 hereto;
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.
.
Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
5
After article 12B of the 1988 Order (inserted by article 4 of this Order) insert —
Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
12C
1
Articles 12 and 12A apply to any appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990 as they apply to applications for planning permission.
2
Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 12B in respect of an application for the planning permission at the time the application is referred to the Secretary of State under section 77 of that Act, or any appeal to the Secretary of State is made under section 78 of that Act, article 12B shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.
3
Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 12B, they shall inform the Secretary of State that they have done so.
.
Representations to be taken into account
6
After article 22 of the 1988 Order insert —
Representations to be taken into account
22A
1
A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been —
a
given by site display under article 12 or 12B, within 21 days beginning with the date when the notice was first displayed by site display;
b
served on —
i
an owner of the land or a tenant of an agricultural holding under article 12, or
ii
an adjoining owner or occupier under article 12B,
within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them he is such an owner, tenant or occupier; or
c
given by local advertisement under article 12 or 12B, within 14 days beginning with the date on which the notice was published,
and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Act.
2
A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.
3
Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Act, as if the references to —
a
a local planning authority were to the Secretary of State, and
b
determining an application for planning permission were to determining such application or appeal, as the case may be.
.
Time periods for decision
7
Article 23 of the 1988 Order (time periods for decision) is amended as follows —
a
at the beginning of paragraph (1) insert the words “Subject to paragraph (5),”;
b
in paragraph (3)(b) after “by the Act” insert “or this Order”;
c
at the end insert —
5
Subject to paragraph (6), a local planning authority shall not determine an application for planning permission, where any notice of the application has been —
a
given by site display under article 12 or 12B, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;
b
served on —
i
an owner of the land or a tenant of an agricultural holding under article 12, or
ii
an adjoining owner or occupier under article 12B,
before the end of the period of 21 days beginning with the date when the notice was served on that person;
c
given by local advertisement under article 12 or 12B, before the end of the period of 14 days beginning with the date on which the notice was published,
and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the Act.
6
Where, under paragraph (5), more than one of the prescribed periods applies, the local planning authority shall not determine the application before the end of the later or latest of such periods.
.
Agricultural buildings and operations
8
In Part 6 of Schedule 2 to the 1988 Order —
a
after paragraph A.2 (2)(c) insert —
cc
i
where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;
ii
the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;
.
b
after paragraph D.4, insert —
D.4A
In paragraph A.2(2)(cc), “site notice” means a notice containing —
a
the name of the applicant,
b
the address or location of the proposed development,
c
a description of the proposed development and of the materials to be used,
d
a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,
e
the name and address of the local planning authority,
.
Forestry buildings and operations
9
In Part 7 of Schedule 2 to the 1988 Order —
a
after paragraph A.2 (1)(c) insert —
cc
i
where the local planning authority gives the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;
ii
the applicant shall not be treated as not having complied with the requirements of sub-paragraph (i) if the site notice is, without any fault or intention of his, removed, obscured or defaced before the period of 21 days referred to in that sub-paragraph has elapsed, if he has taken reasonable steps for its protection and, if need be, replacement;
.
b
at the end of paragraph A.3, insert —
“site notice”means a notice containing —
a
the name of the applicant,
b
the address or location of the proposed development,
c
a description of the proposed development and of the materials to be used,
d
a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way,
e
the name and address of the local planning authority,
.
Appropriate forms
10
Subject to article 11 of this Order, for Schedule 5 to the 1988 Order substitute Schedules 4 and 5 set out in the Schedule to this Order.
Saving
11
The amendments made to the 1988 Order by article 10 shall not apply with respect to certificates for the purposes of article 29(15) of the 1988 Order (established use certificates).
Transitionals
12
1
The amendments made to the 1988 Order by article 4 shall not apply to applications for planning permission made before the date of coming into force of this Order.
2
The amendments made to the 1988 Order by articles 8 and 9 shall not apply where the local planning authority has given the applicant notice before the date of coming into force of this Order.
Revocation
13
Article 11 of, and Schedule 4 to, the 1988 Order, and article 10 of the Town and Country Planning General Development (Amendment) Order 1991 are hereby revoked.
Michael Howard
Secretary of State for the Environment
22nd June 1992
David Hunt
Secretary of State for Wales
24th June 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1992 and shall come into force on 30th May 1992.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to the following provisions of this paragraph, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of 40p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 9.92 miles an hour, at the rate of 20p for 291 yards or, if the fare shown on the taximeter is £7.80 or more, thereafter at the rate of 20p for 194 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 9.92 miles an hour, at a rate of 20p for 60 seconds or, if the rate shown on the taximeter is £7.80 or more, thereafter at the rate of 20p for 40 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above is less than £1.00 the fare payable shall be £1.00, and in any other case where the fare exceeds a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
14th May 1992


text:
1
These Regulations may be cited as the Tobacco Products (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Tobacco Products Regulations 1979 shall be amended as follows.
3
In regulation 20(3), at both places where they occur for the words “working day” there shall be substituted “business day”.
4
In regulation 26(2), after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
tobacco products imported by a registered excise dealer and shipper including any importation where the tobacco products are moved under the instructions of a registered excise dealer and shipper or are, in accordance with registered excise dealers and shippers regulations, deemed to be so moved.
.
5
In regulation 26(3), after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
in relation to tobacco products falling within sub-paragraph (aa) of paragraph (2) of this regulation, the 15th day of the month following the month in which the duty would, but for deferment granted by these Regulations, be payable, save that where that day falls on a day upon which the Bank of England is closed, the payment day shall be the last business day before that day.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
10th December 1992


text:
1
This Order may be cited as the Borough of Basingstoke and Deane (Electoral Arrangements) Order 1992.
2
This Order shall come into force on 7th May 1992 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF BASINGSTOKE AND DEANE (ELECTORAL ARRANGEMENTS) ORDER 1992” and deposited with the Secretary of State.
2
Copies of the map marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF BASINGSTOKE AND DEANE (ELECTORAL ARRANGEMENTS) ORDER 1992” shall be deposited with the Council of the Borough of Basingstoke and Deane and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Basingstoke and Deane shall be abolished and that Borough shall be divided into twenty-five wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of Schedule 1 to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
Subject to the provisions of article 6 below, the elections of councillors shall be by thirds.
6
1
The whole number of councillors for the Borough shall be elected at the ordinary elections of councillors in 1992.
2
The order of retirement of councillors for the Borough elected in 1992 shall be as set out in Schedule 2 to this Order.
3
Where the number of councillors elected in 1992 for any ward of the Borough is three: —
a
one shall retire in 1994 being, subject to paragraphs (7) and (8) below, the councillor elected by the smallest number of votes;
b
one shall retire in 1995 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 1996.
4
Of the two councillors elected in 1992 for the Brookvale and Grove wards of the Borough: —
a
one shall retire in 1994 being, subject to paragraphs (7) and (8) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 1996.
5
Of the two councillors elected in 1992 for the Buckskin and Whitchurch wards of the Borough: —
a
one shall retire in 1994 being, subject to paragraphs (7) and (8) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 1995.
6
Of the two councillors elected in 1992 for the Baughurst and Heath End, Eastrop, Kingsclere and Overton and Laverstoke wards of the Borough: —
a
one shall retire in 1995 being, subject to paragraphs (7) and (8) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 1996.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in that year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the Council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
In this article the “Borough” means the Borough of Basingstoke and Deane.
7
1
Except as otherwise provided below, no alteration shall be made to the ordinary year of election of councillors for any parish or ward of a parish situated in the Borough of Basingstoke and Deane.
2
Any parish councillor elected at the ordinary elections in 1991 for the Ashmansworth, East Woodhay, Highclere and Mary St. Bourne parishes shall retire in 1994.
3
Any parish councillor elected at the ordinary elections in 1992 for the Cliddesden, Ellisfield, Herriard and Upton Grey parishes shall retire in 1995.
4
Any parish councillors to whom this article applies shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
8
The registration officer shall make such rearrangement or adaptation of the register of local government electors as may be necessary on account of the coming into force of this order.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th February 1992


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax) (Prescribed Rate) Order 1992 and shall come into force on 6th November 1992.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 7.75 per cent.
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd November 1992


text:
1
This Order may be cited as the Education (Further Education Corporations) (No. 2) Order 1992 and shall come into force on 29th September 1992.
2
Islington Federal College is hereby specified as an institution which appears to the Secretary of State to fall within section 15(2) of the Further and Higher Education Act 1992 (initial incorporation of existing institutions).
Nigel Forman
Parliamentary Under Secretary of State,
Department for Education
28th September 1992


text:
1
This Order may be cited as the Borough of Blaenau Gwent (Electoral Arrangements) Order 1992.
2
This Order shall come into force on the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983 ) in 1995 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1994.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF BLAENAU GWENT (ELECTORAL ARRANGEMENTS) ORDER 1992” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF BLAENAU GWENT (ELECTORAL ARRANGEMENTS) ORDER 1992” shall be deposited with the council of the Borough of Blaenau Gwent and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Blaenau Gwent shall be abolished and that Borough shall be divided into seventeen wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
The ordinary elections of all councillors for the Borough of Blaenau Gwent shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1995 and every fourth year thereafter.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
19th October 1992


text:
1
This Order may be cited as the Closure of Prisons (H.M. Prison Northeye) Order 1992 and shall come into force on 15th October 1992.
2
The prison known as Northeye Prison and situate in the county of East Sussex shall close on the coming into force of this Order.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
15th September 1992


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay (Small Employers' Relief) Amendment Regulations 1992 and shall come into force on 6th April 1992.
Amendment of the Statutory Sick Pay (Small Employers' Relief) Regulations 1991
2
In the Statutory Sick Pay (Small Employers' Relief) Regulations 1991 —
a
in regulation 2(1) (employer’s contributions payments) for the reference to “£15,000” there shall be substituted a reference to “£16,000”; and
b
after regulation 3 (number of weeks), there shall be added the following regulation —
Change in the apppropriate rate where there are different weekly rates in the same period of incapacity for work
4
1
In any case where the employee’s entitlement to statutory sick pay is calculated by reference to two different weekly rates in the same period of incapacity for work, the entitlement threshold is to be calculated as set out in section 9(1B)(b) of the Act, but —
a
as if R represents the appropriate weekly rate set out in section 7 of the Act at the time the calculation falls to be made; and
b
from the amount which results from the calculation W × R there is deducted a sum, calculated in accordance with paragraph (2) of this regulation.
2
The sum referred to in paragraph (1)(b) of this regulation is a sum equal to the difference between the appropriate weekly rate at the time the calculation falls to be made and the appropriate weekly rate which applied at the beginning of the period of incapacity for work multiplied by —
A Y
where —
A is the number of days of incapacity for work for which the employer was liable to pay statutory sick pay at the lower of the two rates applying during the period of incapacity for work; and
Y is the number of qualifying days in the employee’s week.
3
In any case where the employee’s entitlement to statutory sick pay is calculated by reference to three different weekly rates in the same period of incapacity for work, the entitlement threshold shall be calculated in accordance with paragraph (1) but as though the sum referred to in paragraph (1)(b) were the aggregate of —
a
a sum calculated in accordance with paragraph (2); and
b
a sum equal to the difference between the appropriate weekly rate at the time the calculation falls to be made and the appropriate weekly rate which applied second during the period of incapacity for work multiplied by —
B Y
where —
B is the number of days of incapacity for work for which the employer was liable to pay statutory sick pay at the second of the three rates applying during the period of incapacity for work; and
Y is the number of qualifying days in the employee’s week.
4
In any case where the employee’s entitlement to statutory sick pay is calculated by reference to four different weekly rates in the same period of incapacity for work, the entitlement threshold shall be calculated in accordance with paragraph (1) but as though the sum referred to in paragraph (1)(b) were the aggregate of —
a
a sum calculated in accordance with paragraph (2); and
b
a sum calculated in accordance with paragraph (3); and
c
a sum equal to the difference between the appropriate weekly rate at the time the calculation falls to be made and the appropriate weekly rate which applied third during the period of incapacity for work multiplied by —
C Y
where —
C is the number of days of incapacity for work for which the employer was liable to pay statutory sick pay at the third of the four rates applying during the period of incapacity for work; and
Y is the number of qualifying days in the employee’s week.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
16th March 1992


text:
Citation and commencement
1
This Order may be cited as the Port of London Authority Harbour Revision Order 1992 and shall come into force on 1st January 1993.
Amendment of the Port of London Act 1968
2
The Port of London Act 1968 shall be amended as follows:–
1
In section 3 for the word “nine” there shall be substituted the word “six” and for the word “seventeen” there shall be substituted the word “twelve”.
2
In Part I of Schedule 2:–
a
in sub-paragraph (1) of paragraph 2 the words “after consultation with the National Ports Council,” shall be deleted;
b
sub-paragraph (2) of paragraph 2 shall be deleted;
c
for paragraph 3 there shall be substituted the following paragraph:–
3
1
The Secretary of State shall, after consultation with the chairman of the Port Authority, from time to time appoint such number of persons not being officers of the Port Authority as he considers appropriate to serve as members of the Port Authority:
Provided that the number of members including the chairman not being officers of the Port Authority shall not at any time be less than five or more than eight.
2
Member appointed by the Secretary of State under this paragraph shall, subject to this Part of this Schedule, continue in office for such period not exceeding three years from the date of his appointment as the Secretary of State may specify, and in specifying such period the Secretary of State shall have regard to the desirability of retirement in rotation,
;
d
in sub-paragraph (1) of paragraph 6 for the word “six” there shall be substituted the word “four”;
e
in the proviso to sub-paragraph (3) of paragraph 6 for the word “six” there shall be substituted the word “four”;
f
for paragraph 12 there shall be substituted the following paragraph:–
12
A casual vacancy in the office of the chairman of the Port Authority shall be filled by the appointment by the Secretary of State of another person who is not an officer of the Port Authority and, subject to this Part of this Schedule, that person shall hold office during the remainder of the term for which the person whom he replaces was appointed
.
Amendment of the Port of London Authority (Constitution) Revision Order 1975
3
The Port of London Authority (Constitution) Revision Order 1975 is hereby amended by the omission of articles 3 and 4.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
30th November 1992


text:
1
This Order may be cited as the Severn Bridges Tolls (No. 2) Order 1992 and shall, in accordance with section 9(2)(b) of the Act of 1992, come into force on 1st January 1993.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act of 1992 using the existing bridge shall be as follows: —
Category 1 vehicles £3.10 Category 2 vehicles £6.20 Category 3 vehicles £9.30
3
The Severn Bridges Tolls Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary
Department of Transport
3rd December 1992


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Margate Pier and Harbour Revision Order 1992.
Interpretation
2
1
In this Order unless the context otherwise requires —
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“ authorised works ” means the works authorised by this Order, or any part of such works;
“coast protection authority” has the meaning given by section 1 of the Coast Protection Act 1949 ;
“ the Company ” means Margate Pier and Harbour Company (1984) Limited;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in duplicate, signed by an Assistant Secretary of the Department of Transport and marked “Revised plan and sections referred to in the Margate Pier and Harbour Revision Order 1992” one copy of which is deposited at the offices of the Department of Transport and the other at the registered office of the Company;
“ the harbour ” means the harbour of Margate in the county of Kent having the limits described in article 4 (Limits of harbour) of this Order and includes the land, buildings, works, plant, property and conveniences referred to in that article;
“the harbour map ” means the map marked “Harbour map referred to in the Margate Pier and Harbour Revision Order 1992” signed in duplicate by an Assistant Secretary of the Department of Transport one copy of which is deposited at the offices of the Department of Transport and the other at the registered office of the Company;
“the harbour master ” means the harbour master of the Company and includes his authorised deputies and assistants and any person authorised by the Company to act in that capacity;
“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;
“the statutory company ” means the Company of Proprietors of the Margate Pier and Harbour;
“ tidal works ” means so much of any work authorised or vested in the Company by this Order as is on, under or over tidal waters or tidal lands and includes Margate Pier (otherwise known as the Iron Jetty) and other works so vested, being works authorised by any local enactment in force immediately before the coming into force of this Order;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaking ” means the undertaking of the statutory company as for the time being authorised by any enactment and includes works authorised by any enactment repealed by this Order;
“ vessel ” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water.
2
This Order is to be read as if the words “or thereabouts” were inserted after each measurement mentioned in article 9 (Power to construct, etc. , works) of this Order.
Incorporation of enactments
3
1
The Act of 1847 (except sections 6 to 22, 24 to 26, 31, 33, 37 to 42, 48 to 50, 66 to 68, 79 to 98 and 101), so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.
2
In construing the provisions of the Act of 1847 as so incorporated —
“the special Act ” means this Order;
“the harbour, dock or pier” means the harbour;
“the undertakers” means the Company;
“vessel” has the meaning given by article 2 (Interpretation) of this Order;
“rates” includes mooring rates and fees.
Limits of harbour
4
The limits of the harbour comprise the area shown coloured pink on the harbour map together with the land, buildings, works, plant, property and conveniences of the Company for the time being held by them in connection with the harbour.
PART II
TRANSFER OF UNDERTAKING, ETC.
Transfer of undertaking
5
As from the day on which this Order comes into operation the undertaking is transferred to the Company including —
a
all that property vested in the statutory company which immediately before the commencement of this Order was held by them for the purposes of the undertaking;
b
all rights, liabilities and obligations of the statutory company subsisting immediately before the commencement of this Order for the purpose of the undertaking and arising other than under any local enactment relating to the statutory company.
Winding up statutory company
6
On the day on which this Order comes into operation the statutory company shall be wound up.
Final accounts of statutory company
7
1
The accounts of the statutory company shall be made up to the day on which this Order comes into force and shall be audited by an auditor appointed by the Company, being a person qualified for appointment as auditor of a company by virtue of section 389 of the Companies Act 1985 .
2
The auditor’s fee shall be payable by the Company.
3
Any sum certified by the auditor to be due from any person to the statutory company shall be paid to the Company.
Books to remain evidence
8
All books and documents which, if this Order had not been made, would have been evidence in respect of any matter for or against the statutory company are admissible in respect of that matter for or against the Company.
PART III
WORKS
Power to construct, etc., works
9
1
Subject to the provisions of this Order, the Company may (within the lines and situations shown on the deposited plan and within the limits of deviation and according to the levels shown on the deposited sections) construct and maintain in the harbour the following works: —
Work No. 1
A harbour arm comprising —
a
a bund commencing at point E on the deposited plan (being a point 194 metres from the base of the existing lighthouse) by a junction with the existing quay wall of the harbour at its southern end, passing north-west for a distance of 82 metres to point F on the deposited plan, then passing in a northerly direction for a distance of 103 metres to point G on the deposited plan and there terminating;
b
a retaining wall commencing at point M (being a point 188 metres from the base of the existing lighthouse) on the deposited plan by a junction with the said quay wall, passing north-north-west for a distance of 100 metres to a point L on the deposited plan, then passing due north for a distance of 48 metres to point K on the deposited plan and there terminating;
c
a quay wall commencing at points G-K on the deposited plan by a junction with the bund and retaining wall, passing north-east for a distance of 70 metres to point J on the deposited plan and there terminating 83 metres north-east of the seaward end of the Stone Pier; and
d
a reclamation area between the bund and retaining wall within points E, F, G, K, L and M on the deposited plan.
Work No. 2
Two stop gates and an associated relief weir across the newly formed harbour entrance at the termination of Work No. 1.
2
The Company may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works.
Power to make subsidiary works
10
Subject to the provisions of this Order, the Company may from time to time erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to the construction, maintenance and use of the authorised works or the accommodation of vessels thereat.
Power to deviate
11
In constructing the authorised works the Company 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 two metres upwards and to such extent downwards as may be found necessary or convenient.
Power to dredge
12
1
The Company may from time to time deepen, dredge, scour, cleanse and improve the bed of the sea and foreshore adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels within the harbour.
2
All materials dredged up or removed by the Company in exercise of the powers of this article shall be the property of the Company and may be used, sold, deposited or otherwise disposed of as the Company think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Fine for obstructing works
13
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark extablished for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the Company as a liquidated debt any expenses incurred by them in making good such damage.
Tidal works not to be executed without approval of Secretary of State
14
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed 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, altered, enlarged, replaced, relaid or extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company 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 Company they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may 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 Company.
Provision against danger to navigation
15
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Company shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article they shall be 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
16
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company 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 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 article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, 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 the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
17
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 the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal work
18
1
After the completion of a tidal work the Company shall at the outer extremity 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 Trinity House shall from time to time direct.
2
If the Company fail to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
Lights on tidal works during construction
19
1
The Company shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension 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 Company fail to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
PART IV
JURISDICTION AND GENERAL POWERS
Jurisdiction of Company
20
The company shall have authority and may exercise their powers within the harbour.
General powers of Company in respect of harbour
21
1
The Company may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary for the improvement, maintenance and management of the harbour and the facilities afforded therein or in connection therewith.
2
For those purposes, and without prejudice to the generality of the foregoing, the Company may —
a
improve, maintain, regulate, manage, mark and light the harbour;
b
alter, demolish and reconstruct structures and works in the harbour; and
c
do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.
3
The Company shall not exercise the powers of paragraph (2)(b) above in respect of the Stone Pier without the written consent of the coast protection authority except in case of emergency, when the Company shall as soon as reasonably practicable notify the coast protection authority of the exercise of the powers and shall comply with all reasonable requirements of the coast protection authority as to the works carried out.
Power to provide boating facilities
22
Notwithstanding interference with public rights of navigation but subject to sections 34 to 36 of the Coast Protection Act 1949 and to the provisions of this Order the Company may construct, lay down, maintain and operate in the harbour such works for the provision of boating or marina facilities as they may consider requisite.
Preferential use of harbour facilities
23
The Company may appropriate facilities within the harbour for the preferential use of any vessel or class of vessels.
Powers as to moorings etc.
24
1
The Company may provide, place, lay down, maintain, use and have moorings for vessels and houseboats on land owned or leased by the Company or in which they hold an appropriate interest and on any other land with the consent in writing of the owner and lessee thereof in the harbour.
2
The Company may demand, receive and recover in respect of any vessel or houseboat using any of the moorings provided under this article or moored to land owned or leased by the Company such reasonable charges as the Company may from time to time prescribe.
3
The Company may compound with any person with respect to the payment of the charges prescribed under paragraph (2) above.
4
a
The Company may give notice in writing to the person having the control of any vessel or houseboat using any mooring in the harbour at the commencement of this Order requiring him within 28 days to remove the mooring so as to enable the Company to provide, place or lay down moorings in accordance with paragraph (1) above;
Provided that the Company shall offer to make available to the person having the control of the vessel or houseboat referred to in the notice a mooring provided by them under paragraph (1) as soon as such mooring has been laid down.
If any person fails to comply with a notice given by the Company under this paragraph the Company may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.
5
a
The Company may from time to time grant licences to any person to place, lay down, maintain, use and have existing and future moorings, for vessels and houseboats in the harbour;
Provided that nothing in any such licence shall entitle a person to place, lay down, maintain, use and have any mooring on land not owned or leased by him or by the Company or in which he has no appropriate interest;
Any licence granted under sub-paragraph (a) above shall be valid only for a period of one year commencing with its date.
The Company may charge for a licence granted under sub-paragraph (a) above such reasonable fee as the Company may from time to time prescribe.
6
Any person who —
a
intentionally obstructs any person acting under the authority of the Company in setting out moorings; or
b
intentionally and without lawful authority pulls up or removes any mooring or any part thereof; or
c
without reasonable excuse causes or permits a vessel to be moored at a mooring except at a mooring provided or licensed by the Company under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Company; or
d
places, lays down or maintains any mooring not provided or licensed by the Company 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.
7
If any person contravenes paragraph (6)(d) above the Company may remove the mooring in question and recover from that person the expenses incurred in doing so.
8
In this article “mooring” includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels.
Power to remove goods
25
1
If any goods are left in any part of the harbour the Company may require the owner of the goods to remove them, and if the goods are not so removed within six hours after such requirement or, in any case where it is not reasonably practicable to contact the owner of the goods, within six hours after leaving a notice on the goods requiring their removal the Company may cause them to be removed to their own or any other public warehouse or store and such removal shall be carried out at the expense and risk of the owner.
2
In this article “goods” does not include fish or fishing tackle.
Power to give directions as to loading or unloading of certain goods
26
1
The Company may by resolution designate any part of the harbour for the loading and unloading of any goods to which this article applies.
2
Where pursuant to paragraph (1) above the Company have designated a place for the loading or unloading of goods of any description the harbour master may direct that goods of the description, intended to be loaded onboard or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated, and in the event of any person disobeying any such direction the Company may remove the goods to the place so designated, and any expense incurred by them in so doing shall be recoverable from that person.
3
The goods to which this article applies are goods in bulk and goods the nature or character of which is such as, in the opinion of the Company, to give rise to special risk of contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling but not including fish or fishing tackle.
Parking places
27
The Company may provide facilities within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms, and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles, etc.
28
1
If a vehicle or boat is left without the permission of the Company —
a
in any place where it is likely to obstruct or interfere with the use of the harbour; or
b
in any part of the harbour where the parking of vehicles or boats is prohibited by notice erected by the Company;
the Company may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
a
Where the Company in exercise of the powers of this article remove a vehicle or boat or cause it to be removed they shall as soon as practicable inform the police.
b
The expense of and incidental to the removal of a vehicle or boat under this article shall be recoverable from any person responsible.
4
For the purposes of paragraph (3) above “person responsible” has the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Company in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
6
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicle enters any part of the harbour.
Byelaws as to harbour
29
1
Subject to the provisions of this Order the Company may make, in relation to the harbour, byelaws for all or any of the following purposes —
a
for regulating the exercise of the powers vested in the harbour master;
b
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
c
for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;
d
for regulating the placing and maintenance of moorings;
e
for preventing and removing obstructions or impediments within the harbour;
f
for regulating the launching of vessels within the harbour;
g
for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Company consider involves a risk of fire;
h
for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
i
for requiring the use of effectual silencers and the control of noise generally on vessels in the harbour;
j
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, to prescribe rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
k
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by devices used for marking obstructions within the harbour;
iii
at the entrance to any pier or other work for assisting the navigation or mooring within the harbour;
l
for regulating —
i
fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;
ii
or preventing bathing, and for securing the protection of bathers, within the harbour;
iii
or preventing the use by vehicles of the foreshore;
m
for preventing the disposal of any waste matter except at places or in a manner prescribed by the Company.
2
In this article “signals” include sound signals and different byelaws may be made under this article in relation to different classes of vessels and vehicles.
3
Byelaws made under this article may provide for the imposition on any person offending against any byelaws of a fine on summary conviction not exceeding level 4 on the standard scale.
Confirmation of byelaws and fines thereunder
30
1
a
All byelaws made by the Company under this Order shall be subject to the provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972 and those sections shall for the purposes of this article be construed as if the Company were a local authority within the meaning of the said Act of 1972 and the reference to “the proper officer of the authority” included a reference to the Secretary of the Company.
b
In its application to byelaws made by the Company subsection (7) of the said section 236 shall be construed as if it had been amended by the insertion of the words “or confirm with modifications” after the word “confirm” in the second place where that word occurs:
Provided that where the confirming authority proposes to make a modification which appears to him to be substantial, he shall inform the Company and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification and shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
2
The confirming authority for the purposes of this article and of the said section 236 in its application to the Company shall be the Secretary of State.
Power to grant tenancies and to dispose of land
31
1
The Company may grant licences, tenancies and leases of land within the harbour so far as they consider desirable in the interests of efficient and economical management of the harbour for any term.
2
The Company may also dispose of any interest in land within the harbour which they consider to be surplus to that required by them for the purposes of the undertaking.
PART V
CHARGES
Charges for services or facilities
32
In addition to their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Company may demand, take and recover such reasonable charges for services and facilities provided by them at the harbour as they may from time to time determine.
Payment of charges
33
1
The charges which the Company are for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Company may from time to time specify in their published list of charges.
2
Charges payable to the Company shall be payable by the owner of any vessel or goods in relation to which the charges are payable.
3
Where charges payable to the Company may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
Deposit for charges
34
The Company may, if they think fit, require any person who is liable, or may become liable, to pay charges to the Company to deposit with their collector, or to guarantee, such sum as in the opinion of the Company is reasonable having regard to the probable amount of the charges.
Recovery of charges
35
In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with this Order, and whether the demand required by section 44 of that Act has been made or not, the Company may recover any dues, rates, rents or other charges payable to them as a debt in any court of competent jurisdiction.
PART VI
GENERAL
Access to harbour by reason of force majeure
36
The harbour shall, on payment of any rates, dues and charges from time to time levied by the Company, be open to any vessel (whether for the unshipping of goods or the landing of passengers therefrom or otherwise) in any case where it is obliged to use the harbour from stress of weather, mechanical breakdown or other sufficient cause.
Advisory Committee
37
1
There shall be established in accordance with this article an Advisory Committee consisting of not less than four nor more than ten members appointed by the Company on the nomination of the following bodies: —
Nominating body Number of members nominated
Thanet District Council One Margate Yacht Club One East Kent Yachting Association One Margate Fishermen’s Association One Any additional body or bodies which may be nominated by the Company One member for each such additional body
2
If it appears to the Company in the case of any of the appointments referred to in paragraph (1) above that the body by whom the appointment is to be made has refused or failed to appoint a member after being requested by the Company to do so, or that the body by whom any of the said appointments is to be made has ceased to have an identifiable existence, the appointment in question —
a
shall be made by the Company, after consultation with the advisory Committee; and
b
shall be representative of the interests appearing to the Company to be represented or, as the case may be, to have been represented by the appointing body in question.
3
Subject to paragraph (4) below, a member of the Advisory Committee shall remain a member of the Committee for so long as the appointing body concerned shall think fit.
4
Any member of the Advisory Committee may resign his office at any time on giving notice in writing to the appointing body concerned.
5
The Advisory Committee shall appoint its own chairman and determine its own procedure.
6
The Company shall, except in a case of special urgency or where it would be detrimental to the commercial interests of the Company to do so, consult the Advisory Committee on all matters substantially affecting the preservation, protection, regulation, management, maintenance and improvement of the harbour and its navigation, and particularly, but without prejudice to the generality of the foregoing, on every proposal —
a
to construct any works in the harbour; or
b
to dredge, lay down, alter or interfere with moorings in, or change any navigational mark, light or channel of, the harbour; or
c
to make byelaws.
7
The Company shall take into consideration any matter which relates to the preservation, protection, regulation, management, maintenance and improvement of the harbour and its navigation as is from time to time referred to it by the Advisory Committee, whether or not that committee has been consulted on the matter so referred.
8
The Company shall defray such reasonable expenses as may be incurred by the Advisory Committee in connection with the provision of secretarial services for the Advisory Committee.
For protection of Southern Water Services Limited
38
For the protection of Southern Water Services Limited (in this article referred to as “the Water Services Company”) the following provisions shall, unless otherwise agreed in writing between the Company and the Water Services Company apply and have effect: —
1
In this article —
“the outfalls” means the surface water outfall known as the Tivoli outfall extending seaward from Marine Drive at National Grid Reference TR 3518 7084 or thereabouts and the foul sewer overflow outfall extending seaward from The Parade at National Grid Reference TR 3530 7107 or thereabouts, including any alteration, replacement or renewal of either of those outfalls, and “outfall” means either of the outfalls;
“plans”, in relation to any specified work, means plans, drawings, sections and specifications describing the position and manner in which, and the level at which, the work is proposed to be carried out;
“specified work” means any of the works carried out within 15 metres of either of the outfalls:
2
Not less than 56 days before commencing the construction of any specified work the Company shall submit to the Water Services Company for their approval plans for the work and such further particulars as the Water Services Company may, within 28 days of the submission of the plans, reasonably require:
3
The Water Services Company’s approval of plans submitted under paragraph (2) above shall not be unreasonably withheld; and if within 56 days after the submission of the plans the Water Services Company have not approved or disapproved them, they shall be deemed to have approved them:
4
The Company shall give to the Water Services Company not less than 14 days' notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out works of maintenance of a specified work:
5
In carrying out any specified work the Company shall comply with all reasonable requirements of the Water Services Company of which due notice is given to them, and shall provide new, altered or substituted works or works for the protection of the outfalls in such manner as the Water Services Company shall reasonably require to safeguard the outfalls against damage or to secure that their efficiency for drainage purposes is not impaired by reason of the specified work:
6
All works for the provision of new, altered or substituted works or protective works in pursuance of paragraph (5) above shall be carried out to the reasonable satisfaction of the Water Services Company and where so required by the Water Services Company, by or under the supervision (if given) of an officer of the Water Services Company duly appointed for the purpose; and all reasonable costs and expenses to which the Water Services Company may be put by reason of such works whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs or in such supervision, or otherwise, shall be payable to the Water Services Company by the Company:
7
When works for the provision of any such new, altered or substituted works or protective works in pursuance of paragraph (5) above have been completed they shall be maintainable by the Water Services Company:
8
If by reason of the carrying out of a specified work, or the failure of a specified work, either outfall is damaged or the efficiency of an outfall for drainage purposes is impaired, the damage shall be made good by the Company to the reasonable satisfaction of the Water Services Company or, failing that, the Water Services Company may make good the damage and recover from the Company costs reasonably incurred in so doing.
9
a
The Company shall indemnify the Water Services Company against all claims, demands, costs, expenses, damages or loss which may be made on or against the Water Services Company or which the Water Services Company may incur or which they may sustain in consequence of any damage of, or interference with, an outfall which may be caused by the construction of a specified work, or of the failure or want of maintenance of such a work, or any subsidence caused by the construction of any specified work or any act or omission of the Company, their contractors, agents, workmen or servants, while engaged upon the specified work.
b
The Water Services Company shall give to the Company reasonable notice of any claim or demand and no settlement or compromise shall be made without the agreement in writing of the Company.
c
Nothing in this paragraph shall impose any liability on the Company with respect to any claim, demand, costs, expenses, damage or loss which is attributable to the act, neglect or default of the Water Services Company or their servants or agents.
10
An officer of the Water Services Company duly appointed for the purpose may at all reasonable times enter upon and inspect any specified work:
11
Any difference arising between the Company and the Water Services Company under this article shall be determined by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Crown rights
39
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing herein contained authorises the Company to take use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land hereditaments, subjects or rights or whatsoever description 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, on behalf of Her Majesty, first had and obtained for that purpose.
Repeals
40
The local Acts specified in columns (1) and (2) of Part I of the Schedule to this Order, and the Confirmation Acts and Orders specified in Part II of that Schedule, are hereby repealed to the extent mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
9th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1992 and shall come into force on 30th March 1992.
2
In these Regulations,“the principal Regulations ” means the Local Authorities (Capital Finance) Regulations 1990 .
Specified capital grants: Wales
2
In regulation 9 of the principal Regulations —
a
in paragraph (1) after “England” there is inserted “and, subject to paragraph (2) below, in respect of local authorities in Wales”;
b
for paragraph (2) there are substituted the following paragraphs —
2
Paragraph (1) shall not apply to the grants, contributions and subsidies referred to in that paragraph insofar as they are paid in aid of any expenditure (including administrative expenses) incurred by a local authority in Wales under —
a
Part XV of the Housing Act 1985, or
b
Part VIII of the Act on —
i
a grant in respect of which the authority are under a duty under Part VIII of the Act to approve an application;
ii
a grant in so far as it relates to an application which, by virtue of section 112(4)(b) or 113(3)(b), is treated as an application under section 115; or
iii
a grant in so far as it relates to an application in respect of a dwelling or a building which is approved by the authority under section 114(4) at the same time as they approve an application under section 114(3) in respect of the same dwelling or building,
where the expenditure is incurred before 1st April 1992.
3
For the purposes of paragraph (2), a local authority are deemed to incur all their expenditure on a grant —
a
if the grant is paid in one payment, at the time of the payment, or
b
if the grant is paid by instalments, at the time of the payment of the final instalment.
David Hunt
Secretary of State for Wales
5th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wakefield and Pontefract Community Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
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 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wakefield and Pontefract Community Health 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 Wakefield and Pontefract Community Health 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 Ackton Hospital, Ackton, Pontefract, West Yorkshire WF7 6HT and associated hospitals;
b
to manage community health services provided from Ackton Hospital, Ackton, Pontefract, West Yorkshire WF7 6HT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
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
Wakefield Health Authority and Pontefract Health Authority, in accordance with such directions, if any, as the Secretary of State may give under section 17 of the National Health Service Act 1977 , 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;
c
discharge the liabilities of the trust incurred between the establishment date and the operational date that are of a description specified in paragraph (2) of this article; and
d
make the scheme under section 6 of the Act for the transfer of staff to the trust.
2
The liabilities referred to in paragraph (1)(c) of this article 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 or 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 from the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne Water Company (Constitution and Regulation) Order 1992 and shall come into force on 4th February 1992.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ;
“the 1863 Act ” means the Companies Clauses Act 1863 ; and
“the Third Schedule” means the Third Schedule to the Water Act 1945 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12 (1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 4th February 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 here to are repealed to the extent indicated in that Schedule with effect from 4th February 1992.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
8th January 1992


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1991 . The Tables of the Schedule contain particulars of the Fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1991 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1992 and shall come into operation for all purposes other than those of Paragraph 2 and of Table 1 of the Schedule on the first day of January 1993 and for the purposes of Paragraph 2 and of Table I of the Schedule on the first day of March 1993.
R. B. Gibson
A. K. L. Black
J. C. Broadhurst
+Peter Crediton
D. Lovelock
Dated this Twenty-Ninth day of September 1992.
Approved by the General Synod the
P. J. C. Mawer
Secretary-General
tenth day of November 1992.


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk Marketing Schemes (Amendment) (Standardisation) Regulations 1992 and shall come into force on 1st January 1993.
2
These Regulations shall not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“the Aberdeen and District Milk Marketing Scheme” means the Scheme set out in the Schedule to the Aberdeen and District Milk Marketing Scheme 1984 Approval Order 1984 ;
“the Milk Marketing Scheme 1933” means the Scheme set out in the Schedule to the Milk Marketing Scheme (Approval) Order 1933 ;
“the North of Scotland Milk Marketing Scheme” means the Scheme set out in the Schedule to the North of Scotland Milk Marketing Scheme Approval Order 1934 ;
“the Scottish Milk Marketing Scheme” means the Scheme set out in Schedule 1 to the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989 .
Amendment of the Milk Marketing Scheme 1933
3
The Milk Marketing Scheme 1933 shall be further amended by substituting in paragraph 3(2) for the definition of “Milk” the following definition —
“Milk” means cows' milk, produced in England and Wales, within the exclusive right provided for in Article 25.1 of Council Regulation No.804/68 (as amended) , as read with Article 6.6 of Council Regulation ( EEC ) No.1411/71 (as amended) .
Amendment of the Scottish Milk Marketing Scheme
4
The Scottish Milk Marketing Scheme shall be further amended by substituting in section 2(1) for the definition of “milk” the following definition —
“milk” means cows' milk, produced in the area of the Scheme, within the exclusive right provided for in Article 25.1 of Council Regulation (EEC) No.804/68 (as amended), as read with Article 6.6 of Council Regulation (EEC) No.1411/71 (as amended).
Amendment of the Aberdeen and District Milk Marketing Scheme
5
The Aberdeen and District Milk Marketing Scheme shall be further amended by substituting in section 2 for the definition of “milk” the following definition —
“milk” means cows' milk within the exclusive right provided for in Article 25.1 of Council Regulation (EEC) No.804/68 (as amended), as read with Article 6.6 of Council Regulation (EEC) No.1411/71 (as amended).
Amendment of the North of Scotland Milk Marketing Scheme
6
The North of Scotland Milk Marketing Scheme shall be further amended by substituting in section 2(1) for the definition of “Milk” the following definition —
“Milk” means cows' milk, produced in the area of the Scheme, within the exclusive right provided for in Article 25.1 of Council Regulation (EEC) No.804/68 (as amended), as read with Article 6.6 of Council Regulation (EEC) No.1411/71 (as amended).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
9th December 1992
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
8th December 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 3) Order 1992 and shall come into force on 24th June 1992.
2
In this Order “the principal Order” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order shall be amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation (EEC) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 , Council Regulation (EEC) No. 2220/89 , Council Regulation (EEC) No. 4056/89 ,
Council Regulation (EEC) No. 3500/91 , Council Regulation (EEC) No. 345/92 and Council Regulation (EEC) No. 1465/92 ;
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th June 1992
David Hunt
Secretary of State for Wales
18th June 1992
Patrick Mayhew
Secretary of State for Northern Ireland
19th June 1992


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Amendment) Regulations 1992 and shall come into force on 28th August 1992.
Amendment of principal Regulations
2
Schedule 3 to the Plant Breeders' Rights Regulations 1978 (reproductive and other plant material to be delivered to the Controller) shall be amended as follows —
In Part XII (decoratives), after item (26) insert the following item —
27
Galtonia candicans
6 visually healthy bulbs.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th July 1992.
Derek H. Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd August 1992
David Hunt
Secretary of State for Wales
31st July 1992
Patrick Mayhew
Secretary of State for Northern Ireland
3rd August 1992
Kenneth Clarke
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
31st July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Papworth Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Papworth Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Papworth Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Papworth Hospital, Papworth Everard, Cambridge CB3 8RE (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Cambridge.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
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 Huntingdon Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Huntingdon 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 Huntingdon Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
23rd October 1992