text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Oxfordshire Mental Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Oxfordshire Mental Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Oxfordshire Mental Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Littlemore Hospital, Oxford OX4 4XN and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Littlemore Hospital, Oxford OX4 4XN and to own the associated premises.
Directors of the trust.
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from Oxford University.
Operational date and accounting date of trust.
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Oxfordshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Oxfordshire 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 Oxfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


type: legislation

jurisdiction: UK

text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”).
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order:
a
all measurements of distance are measured along the route of the relevant highway and are approximate only;
b
i
“the deposited plan”
means the plan numbered HA10/EM80 marked “The A43 Trunk Road (Silverstone Bypass and Slip Roads) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads and “new trunk road” shall be construed accordingly;
iii
“the trunk road”
means the A43 Oxford — Northampton — Stamford — Market Deeping Trunk Road; and
iv
“the side roads order”
means the A43 Trunk Road (Silverstone Bypass) (Side Roads) Order 1993.
5
This Order shall come into force on 11th May 1993 and may be cited as the A43 Trunk Road (Silverstone Bypass and Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
2nd April 1993


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1993 and shall come into force on 6th March 1993.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th January 1993” there shall be substituted “6th March 1993”;
b
for “8.25 per cent. per annum” there shall be substituted “7.75 per cent. per annum”.
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 1993


text:
Citation and commencement
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 4) Order 1993 and shall come into force on 15th July 1993.
Revocation
2
The Export of Goods (Control) (Amendment No. 3) Order 1993 is hereby revoked.
Amendment to the Export of Goods (Control) Order 1992
3
The Export of Goods (Control) Order 1992 shall be further amended as follows:
a
in Part I of the Contents to Schedule 1 there shall be added at the end:
“Group 3 Vehicles”;
b
in Part 1 of Schedule 1 there shall be added at the end:
GROUP 3
VEHICLES
5
The following vehicles are prohibited to be exported to any destination in Bosnia-Herzegovina, Croatia, or the former Yugoslav Republic of Macedonia:
a
all wheel drive utility vehicles capable of off road use that have a ground clearance of greater than 175 millimetres;
b
heavy duty recovery vehicles capable of towing suspended a load of more than 6 tonnes or winching a load of more than 10 tonnes;
c
drop side trucks that have a load carrying capacity of more than 5 tonnes .
.
R J Meadway
An Under Secretary
Department of Trade and Industry
14th July 1993


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


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


text:
1
This Order may be cited as the Patents and Marks (Convention and Relevant Countries) Order 1993 and shall come into force as respects articles 1, 2, 3(a) and (c) and 4 on 14th June 1993 and as respects article 3(b) on 1st July 1993.
2
Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine are convention countries for the purposes of section 5 of the Patents Act 1977.
3
Schedule 1 to the Trade Marks and Service Marks (Relevant Countries) Order 1986 (“the 1986 Order ”) shall be amended by:
a
inserting therein in proper alphabetical order the following countries: Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine; and
b
omitting the reference to Czechoslovakia, and
c
omitting the references to the German Democratic Republic (and Berlin (East)) and Germany, Federal Republic of (and Berlin (West)), and inserting therein in proper alphabetical order a reference to Germany.
4
Schedule 2 to the 1986 Order shall be amended by omitting the reference to the Federal Republic of Germany (and Berlin (West)) and inserting therein in proper alphabetical order a reference to Germany.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Road Traffic Accidents (Payments for Treatment) Order 1993 and shall come into force on 8th November 1993.
2
This Order shall apply in relation to any case where, on or after 8th November 1993 —
a
treatment is first received for the purposes of section 157(1)(a) of the Act , or
b
treatment or an examination is effected for the purposes of section 158(1) of the Act.
3
In this Order “the Act” means the Road Traffic Act 1988 .
Maximum payments for hospital treatment of traffic casualties
2
In section 157(2) of the Act (maximum amounts of payments for hospital treatment of traffic casualties) for the sum of £2780.00 there shall be substituted the sum of £2856.00, and for the sum of £278.00 there shall be substituted the sum of £286.00.
Payment for emergency treatment of traffic casualties
3
In section 158(2) of the Act (payments by users of vehicles of fees and mileage allowances to practitioners in respect of emergency treatment) for the sum of £20.10 there shall be substituted the sum of £20.65, and for the sum of 39 pence there shall be substituted the sum of 40 pence.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th October 1993
Fraser of Carmyllie
Minister of State, Scottish Office
12th October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Maternity Absence) Regulations 1993 and shall come into force on 16th November 1993, but regulation 2 shall have effect as from 1st January 1993.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Contributions and remuneration during maternity absence
2
The following amendments shall be made to the principal Regulations —
a
in regulation C3(1) at the beginning there shall be inserted the words “Subject to regulation C3A,”;
b
after regulation C3 there shall be inserted the following regulation —
Maternity absence
C3A
1
This regulation applies to a person who —
a
has a period of maternity absence; and
b
immediately before the period of maternity absence was a pensionable employee or had elected under regulation B1A or B1C to become a pensionable employee.
2
A person to whom this regulation applies shall make contributions to the appropriate superannuation fund in relation to any period (“the relevant period”) which is, or is part of, a period of maternity absence and for which she is entitled to receive remuneration, and the amount of any such contributions shall be equal to the amount of the contributions she would have been required to make under regulation C2 based on the remuneration which she is entitled to receive for the relevant period.
3
A person to whom this regulation applies may elect to make contributions to the superannuation fund in relation to any period (“the unpaid period”) which is, or is part of, a period of maternity absence and for which she is not entitled to receive remuneration, and the amount of any such contributions shall be equal to the amount of the contributions she would have been required to make under regulation C2 based on the remuneration she was entitled to receive immediately before the beginning of the unpaid period.
4
An election under paragraph (3) shall be made by notice in writing to the employing authority by 16th May 1994 or, if later, the date 30 days after the earlier of —
a
the day on which she returns to duty; and
b
the day on which she ceases to be employed by that authority.
5
Paragraphs (2) and (3) of this regulation do not affect the right of an employee to give notice under regulation B1B during a period of maternity absence.
6
For the purposes of this regulation, —
a
an employee’s remuneration shall include any statutory maternity pay payable to the employee under the Social Security Contributions and Benefits Act 1992; and
b
“period of maternity absence”means any period throughout which a woman —
i
is absent from duty by reason of pregnancy or confinement; and
ii
may exercise the right under her contract of employment to return to work.
;
c
in regulation C11(1)(a) after “C3” there shall be added “and C3A”;
d
in regulations C12(14)(a) and (16)(a), D1(2)(a) and P7(1) and (2) for the words “or C3” there shall be substituted the words “, C3 or C3A”;
e
in regulation E22(7)(a) after the words “(leave of absence)” there shall be inserted the words “or C3A (maternity absence)”;
f
in paragraph 3 of Part II of Schedule 4 and paragraph 7 of Part III of Schedule 5 —
i
in sub-paragraph (2)(a), at the beginning there shall be inserted the words “except in the case of a period of maternity absence,”;
ii
in sub-paragraph (2)(b), after the words “absence from duty”there shall be inserted the words “, other than a period of maternity absence,”; and
iii
at the end there shall be added the following sub-paragraph —
3
In this paragraph, “period of maternity absence”has the same meaning as in regulation C3A.
.
Right to opt out
3
1
This regulation shall apply in the case of any person (“a relevant beneficiary”) to whom any benefit (including a return of contributions and any pension payable to a widower or any dependant by virtue of a surrender) is or may become payable, being a benefit (“a relevant benefit”) payable to, or in respect of, a person who before 16th November 1993 —
a
ceased to hold an employment in respect of which she was a pensionable employee (whether or not she has subsequently recommenced any such employment); or
b
died while still in such an employment.
2
If, in relation to a relevant benefit, a relevant beneficiary —
a
would be placed by any amendment made by these Regulations in a worse position than she would have been in if that amendment had not been made, and
b
so elects, by notice in writing given to the appropriate administering authority within the three month period beginning with 16th November 1993,
then, in the case of that beneficiary and in relation to that benefit, the principal Regulations shall have effect, subject to paragraph (3), as if these Regulations had not been made.
3
If such an election as is mentioned in paragraph (2) above is made in relation to a benefit which is or may become payable in respect of a person who is employed in a local government employment, or if that person subsequently recommences service in such an employment, then —
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued —
i
by virtue of periods of service rendered before the cessation referred to in paragraph (1) above (or, if there has been more than one such cessation, the last of them before 16th November 1993); or
ii
by virtue of contributions paid in respect of any such periods of service; and
b
in determining entitlement to, or the amount of, the benefit to that extent, she shall (without prejudice to the application of this paragraph) be treated as if she had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a) above; and the principal Regulations shall apply accordingly.
John Selwyn Gummer
Secretary of State for the Environment
20th October 1993


text:
1
This Order may be cited as the Education (Listed Bodies) Order 1993 and shall come into force on 5th March 1993.
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
3
The Education (Listed Bodies) Order 1991 is hereby revoked.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheviot and Wansbeck National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Cheviot and Wansbeck 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 Cheviot and Wansbeck 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 Ashington Hospital, West View, Ashington, Northumberland NE63 0SA and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Northumberland Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Northumberland 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 Northumberland Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1993 and shall come into force on 27th August 1993.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations a reference to the principal Expenses Regulations is a reference to the Education (Assisted Places) (Incidental Expenses) Regulations 1989 .
2
For paragraphs (3) and (4) of regulation 3 of the principal Expenses Regulations (uniform grants) there shall be substituted the following paragraphs —
3
In a pupil’s first assisted year, uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £10,318 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£158, where the relevant income does not exceed £9,059;
b
£118, where that income exceeds £9,059 but does not exceed £9,480;
c
£77, where that income exceeds £9,480 but does not exceed £9,887;
d
£39, where that income exceeds £9,887 but does not exceed £10,318:
Provided that any uniform grant which would fall to be paid in a pupil’s first assisted year may be paid during the period commencing on 27th August 1993 and ending when that year begins.
4
In any subsequent school year, uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £9,887 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£58, when the relevant income does not exceed £9,225;
b
£30, where the income exceeds £9,225 but does not exceed £9,887.
.
3
In regulation 4(5) of the principal Expenses Regulations (school travel grants) for the sums “£9,609” and “£8,890” there shall be substituted the sums “£9,238” and “£9,059” respectively.
Emily M. Blatch
Minister of State
Department for Education
27th July 1993
John Redwood
Secretary of State for Wales
27th July 1993


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1993.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1993 — 94, is £6,000.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1993 and shall come into force on 1st October 1993.
2
1
Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1992 shall be amended as follows.
2
In item 2 —
a
in the third column, there shall be added —
93/59/ EEC
;
b
in the fourth column, there shall be added —
L186, 28.7.93, p.21
.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 9th November 1993.
2
In this Order —
“the Authority” means Southampton and South West Hampshire Health Authority;
“the Trust” means the Southampton Community Health Services National Health Service Trust;
“the trust property” means the items specified in an agreement relating to trust property prepared by and agreed upon by the Authority and the Trust on 27th April 1993, which has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th October 1993


text:
Citation and interpretation
1
These Rules may be cited as the County Court (Amendment No.4) Rules 1993.
2
In these Rules, an Order referred to by number means the Order so numbered in the County Court Rules 1981 .
Service by the summons production centre
3
Order 7, rule 6 shall be amended as follows —
1
at the beginning of paragraph (1), there shall be inserted the words “Subject to paragraph (1A)”; and
2
after paragraph (1) there shall be inserted the following new paragraph —
1A
Where service is effected by the summons production centre established by Order 2, rule 7(1) —
a
the appropriate officer (within the meaning of Order 2, rule 6) on the day the document is issued shall be deemed to be the person effecting service; and
b
the mode of service need not be shown on the certificate.
.
Service of process abroad
4
Order 8, rule 2 shall be amended as follows —
1
at the end of paragraph (1)(p), the full stop shall be replaced by a semi-colon; and
2
after paragraph (1)(p) there shall be inserted the following new sub-paragraph —
q
the claim is made under the Immigration (Carriers' Liability) Act 1987 .
.
Charging orders
5
Order 31, rule 1 shall be amended as follows —
1
after paragraph (1) there shall be inserted the following new paragraph —
1A
An application for a charging order under paragraph 11 of Schedule 4 to the Local Government Finance Act 1992 shall be made to the court for the district in which the relevant dwelling (within the meaning of section 3 of that Act) is situated.
; and
2
in paragraph (2)(c), after the words “the said Act” there shall be inserted the words “of 1979”.
Leasehold Reform, Housing and Urban Development Act 1993
6
After Order 49, rule 8 there shall be inserted the following new rule —
Leasehold Reform, Housing and Urban Development Act 1993
9
1
In this rule —
a
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993;
b
a section or Schedule referred to by number means the section or Schedule so numbered in the 1993 Act; and
c
expressions used in this rule have the same meaning as they have in the 1993 Act.
2
Where an application is made under section 23(1) by a person other than the reversioner —
a
on the issue of the application, the applicant shall send a copy of the application to the reversioner;
b
the applicant shall promptly inform the reversioner either —
i
of the court’s decision; or
ii
that the application has been withdrawn.
3
Where an application is made under section 26(1) or (2) or section 50(1) or (2) —
a
the application shall be made ex parte to the district judge, who may grant or refuse it or give directions for its future conduct, including the joinder as respondents of such persons as appear to have an interest in it; and
b
the provisions of Order 3, rule 4(4)(b), (6) and (7) shall not apply.
4
Where an application is made under section 26(3) —
a
the applicants shall serve notice of the application on any person who they know or have reason to believe is a relevant landlord, giving particulars of the application and the return date and informing that person of his right to be joined as a party to the proceedings;
b
the landlord whom it is sought to appoint as the reversioner shall be a respondent to the application, and shall file an answer;
c
a person on whom notice is served under sub-paragraph (a) shall be joined as a respondent to the proceedings when he gives notice in writing to the proper officer of his wish so to be joined, and the proper officer shall notify all other parties of the joinder.
5
Where a person wishes to pay money into court under section 27(3), section 51(3) or paragraph 4 of Schedule 8, rule 8(2) shall apply as it applies to payments into court made under the Leasehold Reform Act 1967 , subject to the following modifications —
a
references in rule 8 to the payment of money into court by a tenant shall be construed as references to the person or persons making a payment into court under the 1993 Act;
b
the reference in rule 8(2)(a)
ii
to `house and premises' shall be construed as a reference to the interest or interests in the premises to which the payment into court relates, or, where the payment into court is made under section 51(3), to the flat to which it relates;
c
the affidavit filed by the tenant under rule 8(2)(a) shall include details of any vesting order; and
d
the appropriate court for the purposes of that sub-paragraph shall be —
i
where a vesting order has been made, the court which made the vesting order; or
ii
where no such order has been made, the court in whose district the premises are situated.
6
Where an order is made under section 91(4), rule 8(3) (transfer to leasehold valuation tribunal) shall apply as it applies on the making of an order under section 21(3) of the Leasehold Reform Act 1967 .
7
Where a relevant landlord acts independently under Schedule 1, paragraph 7, he shall be entitled to require any party to proceedings under the 1993 Act (as described in paragraph 7(1)(b) of Schedule 1) to supply him, on payment of the reasonable costs of copying, with copies of all documents which that party has served on the other parties to the proceedings.
.
Miscellaneous amendments
7
In Order 12, rule 1(2)(b), for the words “ under rule 3(9)” there shall be substituted the words “under rule 3(6)(b)”.
8
In Order 50, rule 5(5) —
1
for the words “Legal Aid (General) Regulations 1980” there shall be substituted the words “Civil Legal Aid (General) Regulations 1989 ”; and
2
for “regulation 84” there shall be substituted “regulation 83”.
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 , having made these Rules, certify them and submit them to the Lord Chancellor.
Frank J. White
R. H. Hutchinson
J. H. Wroath
Neil Butter
Helen Paling
Margaret Wilby
W.A. Vincent
Peter Birts
Henrietta Manners
E. C. Gee
R. J. Winstanley
I allow these Rules, which shall come into force on 17th January 1994, except for rule 3 which shall come into force on 7th February 1994.
Mackay of Clashfern, C
Dated 20th December 1993


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


text:
Citation, commencement and interpretation.
1
1
These Regulations may be cited as the Police (Amendment) (No. 4) Regulations 1993 and shall come into force on 22nd November 1993, but regulation 2 shall have effect as from 1st April 1993 and regulations 3 and 4 shall have effect as from 1st September 1993.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
Removal allowance
2
Regulation 53(7) of the principal Regulations is amended by substituting for the figure “£1,257” the figure “£1,290”.
Scales of pay
3
Schedule 5 to the principal Regulations is amended by substituting for Tables A and B the tables set out in the Schedule to these Regulations.
Dog handler’s allowance
4
Schedule 11 to the principal Regulations is amended by substituting for the figure “£915” the figure “£930” and for the figure “£1,251” the figure “£1,269”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment (No. 2) Regulations 1993 and shall come into force on 31st May 1993.
2
In these Regulations, “the principal Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 2 to the principal Regulations
2
1
Paragraph 2A of Schedule 2 to the principal Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (2)–
a
for the words “(3) and (4)” there shall be substituted the words “(3), (4) and (4A)”;
b
in head (a), for the words from “and for this purpose” to “6 days” there shall be substituted the words “or is regarded pursuant to sub-paragraph (4A) as residing in such a home”.
3
After sub-paragraph (4) there shall be inserted the following sub-paragraph–
4A
For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home–
a
where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose–
i
“patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and
ii
periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and
b
for the first three weeks of any other period of absence.
.
Transitional provisions
3
Where–
a
on 31st May 1993 a person is temporarily absent from a home, and his absence forms part of a period which on that day exceeded 6 days, and
b
before that day paragraph 2A of Schedule 2 to the principal Regulations as in force on 30th May 1993 applied to him,
he shall be treated for the purposes of paragraph 2A of Schedule 2 to the principal Regulations, as amended by regulation 2 above, as if his first day of absence was 31st May 1993.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
6th May 1993


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Social Security (Introduction of Disability Living Allowance) Regulations 1991
2
1
The Social Security (Introduction of Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered regulation is a reference to the regulation in those Regulations which bears that number.
2
In regulation 13 (treatment of two awards of disability living allowance) —
a
in paragraph (1) —
i
for the words “4th April 1993” there shall be substituted the words “26th December 1993”; and
ii
for the words “5th April 1993”, in each place where they occur, there shall be substituted the words “27th December 1993”;
b
in paragraph (2) for the words “5th April 1993”, in each place where they occur, there shall be substituted the words “27th December 1993”.
3
In regulation 26 (payments of disability living allowance) —
a
in paragraphs (3), (9) and (10) for the words “6th April 1993” there shall be substituted the words “28th December 1993”; and
b
in paragraph (13) for the words “5th April 1993” there shall be substituted the words “27th December 1993”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st March 1993


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) (No. 2) Regulations 1993 and shall come into force on 28th September 1993.
2
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 shall be amended as follows.
3
After regulation 6A (Exemption for foreign goods vehicles with Community cabotage authorisations) there shall be inserted the following regulation: —
Exemption for Albanian goods vehicles
6B
1
In this regulation —
“Albanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Albania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Albania; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Albania on international road transport signed on 9th February 1993 comes into force, which date shall be notified in the London Gazette.
2
On and after the relevant date, section 60(1) of the Act shall not apply to the use in Great Britain of an Albanian goods vehicle for the carriage of any goods.
Signed by authority of the Secretary of State.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
26th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Riverside Community Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Riverside Community Health Care 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 Riverside Community Health Care 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 Parsons Green Centre, 5–7 Parsons Green, London SW6 4UL and associated hospitals;
b
to manage community health services provided from Parsons Green Centre, 5–7 Parsons Green, London SW6 4UL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North West Thames Regional Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North West Thames Regional 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 North West Thames Regional Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
1
This Order shall be cited as the Education (London Oratory School) (Exemption from Pay and Conditions Orders) Order 1993 and shall come into force on 1st September 1993.
2
This Order applies to the grant-maintained school known as the London Oratory School.
2
With effect from 1st September 1993, subsections (6) and (7) of section 2 of the School Teachers' Pay and Conditions Act 1991 shall not apply to the statutory conditions of employment of the school teachers in the London Oratory School.
Emily Blatch
Minister of State,
Department for Education
30th July 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1993 and shall come into force on 1st October 1993.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) the following definitions shall be inserted in the appropriate places in the alphabetical order–
“Appeal Body” means the body referred to in regulation 5B;
“appeal committee” means a committee appointed by the Appeal Body in accordance with regulation 5C(3);
“approved trainer” means a dentist whose name is included in a dental list and who is approved by a postgraduate dental dean or a Director of postgraduate dental education as being a dentist who has the requisite skills and suitable practice facilities to enable him to act as a trainer;
“vocational training” means a period of one year’s full time employment (or an equivalent period of part–time employment) undertaken wholly after 30th September 1993 during which a dentist is employed under a contract of service by an approved trainer to provide a wide range of dental care and treatment and to attend such study days as that contract requires with the aim and objectives set out respectively in paragraphs 1 and 2 of Schedule 1A;
“vocational training certificate” means a certificate confirming that a dentist has completed vocational training issued–
in England, Wales or Northern Ireland by a postgraduate dental dean or a Director of postgraduate dental education; or
in Scotland by the director of postgraduate dental education, the chairman of the Scottish Dental Vocational Training Committee or a regional general dental practice vocational training adviser; or
the Director of the Royal Naval Dental Service, the Director of the Royal Army Dental Corps or the Director of the Dental Branch of the Royal Air Force;
“vocational training number” means a number allocated to a dentist–
in England and Wales under regulation 5A,
in Scotland under regulation 4ZA of the National Health Service (General Dental Services) (Scotland) Regulations 1974 ,
in Northern Ireland under provisions equivalent to these Regulations;
“voluntary vocational training certificate” means a vocational training certificate or a letter confirming that a dentist has completed vocational training on or before 30th September 1994 and signed, in either case, in England and Wales, by a postgraduate dental dean or Director of postgraduate dental education, in Scotland by the chairman of the Scottish Dental Vocational Training Committee or an officer of a Regional Committee for Postgraduate Dental Education and in Northern Ireland by the Adviser in vocational training;
.
Amendment of regulation 5 of the principal Regulations
3
1
Regulation 5 of the principal Regulations (application for inclusion in the dental list) shall be amended as follows–
2
In paragraph (1)–
a
at the beginning there shall be inserted “Subject to paragraph (3),”; and
b
in sub-paragraph (a)(i), after “5” there shall be inserted; “5A”.
3
In paragraph (2), at the beginning, there shall be inserted “Subject to paragraph (4),”;
4
After paragraph (2) there shall be inserted–
3
A dentist who wishes to have his name included in the dental list but who does not have a vocational training number shall apply for a vocational training number; and his application for a vocational training number shall be dealt with in accordance with regulation 5A before the FHSA determines his application under paragraph (1).
4
Paragraph (2) shall not apply to the application under paragraph (1) of a dentist who does not have a vocational training number until such a number has been allocated to him.
.
Applications for vocational training numbers
4
After regulation 5 there shall be inserted the following new regulations–
Applications for vocational training numbers
5A
1
An application for a vocational training number shall be in writing and–
a
shall state that the dentist has also made an application under regulation 5(1), and
i
specify the FHSA to which that application has been made, and
ii
state the date on which it was made; and
b
shall either–
i
state that the dentist has completed vocational training and be accompanied by his vocational training certificate, or
ii
state that the experience or training which the dentist has acquired ought to be regarded as equivalent to vocational training and be accompanied by written details of that experience or training, or
iii
state that the dentist is exempt from the requirement to have completed vocational training on one of the grounds set out in paragraph (3) below and be accompanied by written details in support of that statement.
2
For the purposes of paragraph 1(b)(ii) experience or training shall not be prevented from being equivalent to vocational training merely because the structure of the experience or training does not comply exactly with the definition of vocational training.
3
The grounds upon which a dentist is exempt from the requirement to have completed vocational training are that–
a
he is registered as a dentist by virtue of section 15(1)(b) of the Dentists Act 1984 (registration of nationals of member States who hold appropriate European diplomas) or is in any other way a person in respect of whom a member State is prohibited by Community law from imposing such a requirement; or
b
his name has been included in a dental list in the United Kingdom within the period of five years ending on the date of his application to be included in the dental list; or
c
he holds a voluntary vocational training certificate which indicates that it is in respect of vocational training completed on or after–
i
1st January 1988 in the case of a certificate issued in England and Wales,
ii
1st July 1988 in the case of a certificate issued in Scotland, or
iii
1st August 1989 in the case of a certificate issued in Northern Ireland; or
d
he has practised in primary dental care for a period of at least four years in the aggregate in either the Community Dental Service or the armed forces of the Crown and part of that aggregate period has fallen within four years of the date of his application under regulation 5(1), or
e
in the case of any application made before 1st October 1998, he was, on 1st October 1993, employed as a Senior House Officer or Registrar in a hospital in the United Kingdom or enrolled on a course intended to lead to a Master’s degree in dentistry or Membership Diploma in dentistry of any of the Royal Colleges of Surgeons in the United Kingdom.
4
In paragraph (3)–
a
in sub–paragraph (d), “primary dental care” means care and treatment delivered by the dentist at the first point of contact with the patient, and the “Community Dental Service” means the dental service provided in England and Wales under sections 3(1)(c) and 5(1)(a) or (1A) of the 1977 Act and in Scotland under sections 1 and 39(2) of the National Health Service (Scotland) Act 1978 , and in Northern Ireland under articles 5(1)(c), 9(1)(a) and 1A of the Health and Personal Social Services (Northern Ireland) Order 1972 ; and
b
in sub–paragraph (e) “Membership Diploma” means any postgraduate dental qualification which is registrable with the General Dental Council.
5
An application for a vocational training number shall be granted if the applicant–
a
has had a vocational training certificate issued to him;
b
has acquired experience or completed training which ought to be regarded as equivalent to vocational training; or
c
is exempt from the requirement to have completed vocational training on one of the grounds set out in paragraph (3) above.
6
FHSAs shall have the functions of determining applications for vocational training numbers, of allocating such numbers, of issuing notices and dealing with other matters in connection with such applications but those functions shall be exercised on behalf of each FHSA by the Dental Vocational Training Authority in accordance with the following provisions of these Regulations; and accordingly any such application shall be made to that Authority.
7
The Dental Vocational Training Authority shall determine in accordance with paragraph (5) and Schedule 5A whether or not an application for a vocational training number is to be granted; and if it determines to grant it, it shall–
a
allocate to the applicant a vocational training number;
b
notify him of that number;
c
enter that number against the name of the applicant in a register kept for that purpose.
8
If the Dental Vocational Training Authority does not allocate a vocational training number to the applicant, it shall, within 10 days of that decision, send him a notice to that effect together with a statement setting out the reasons for the refusal and telling him about his right to appeal to the Appeal Body and giving the address to which notice of appeal, if an appeal is made, must be sent.
Appeal body for appeals against refusal of vocational training number
5B
1
The body prescribed for the purposes of section 36(3) of the National Health Service Act 1977 to which appeals may be made in respect of a refusal to include a dental practitioner on a dental list because he has been refused a vocational training number shall be a body of eleven persons appointed by the Secretary of State.
2
Of the eleven persons–
a
one person shall be appointed as chairman of the body who–
i
has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) , or
ii
is an advocate or solicitor in Scotland of at least 10 years standing, or
iii
is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least 10 years standing;
b
five shall be dentists nominated by a body appearing to the Secretary of State to be representative of the dental profession; and
c
five shall be dentists nominated by the Secretary of State.
3
The Secretary of State shall appoint a person to act as secretary to the Appeal Body.
Procedure on appeal
5C
1
A dentist whose application for a vocational training number has been refused may appeal against the refusal by giving to the Appeal Body, within 28 days after he has received notice of the refusal pursuant to regulation 5A(8) (or such extended period as the Appeal Body may allow pursuant to paragraph (2)), a written notice of appeal setting out a statement of the facts and contentions on which he intends to rely.
2
The Appeal Body may agree to an extension or further extension of the period of 28 days for giving notice of an appeal (either before or after that period has expired).
3
On receipt of a notice of appeal the Appeal Body shall appoint to determine the appeal an appeal committee consisting of the chairman and two other persons, of whom–
a
one shall be drawn from the dentists appointed under regulation 5B(1) following their nomination under regulation 5B(2)(b); and
b
the other shall be drawn from the dentists appointed under regulation 5B(1) following their nomination under regulation 5B(2)(c).
4
In connection with an appeal, the appeal committee may require such further particulars from an appellant and such documents in support of his appeal, and may make such inquiries of such persons, as it thinks fit.
5
The appeal committee shall send to the appellant a copy of any comments made by such persons in reply to those inquiries and shall give the appellant a period of 21 days beginning with the date on which the comments are sent to him in which to reply to such comments.
6
The appeal committee shall give notice to the appellant that he may, within such period as is specified in the notice, require the appeal committee to give him an opportunity of appearing before and being heard by the appeal committee.
7
The appeal committee shall appoint a date, time and place for the consideration of the appeal, and may, or shall if so required by the appellant, hold a hearing for that purpose.
8
If a hearing is to be held, the appeal committee shall appoint a date, time and place for the hearing and, not less than 21 days before that date, shall send notice to the appellant and to the Dental Vocational Training Authority informing them of the date, time and place.
9
At a hearing by the appeal committee, the appellant may appear and be heard in person or by counsel or solicitor or by any other person on his behalf, and the Dental Vocational Training Authority may appear and be represented by counsel or solicitor or by any duly authorised member or officer.
10
The appellant may withdraw his appeal at any time.
11
Where the appellant does not appear at a hearing and is not represented, the appeal committee may, if they are not satisfied that such failure to appear or be represented was due to a reasonable cause, treat any request for a hearing as having been withdrawn.
12
The proceedings of the appeal committee shall be in private.
13
The appeal committee shall determine the appeal and shall, within 10 days of that determination, notify the appellant and the Dental Vocational Training Authority in writing of their decision and the reasons for it.
14
Where the Dental Vocational Training Authority receives notice that a dentist’s appeal has been allowed, it shall allocate a vocational training number to the dentist, notify him of that number within 10 days, and enter that number in its register of vocational training numbers.
15
Subject to the foregoing paragraphs, the procedure of the Appeal Body and of the appeal committee shall be such as that body and committee respectively think fit.
.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7(2) of the principal Regulations (restrictions on the right to be included in a dental list), the word “or” at the end of paragraph (a) shall be omitted, and after paragraph (b) there shall be inserted–
or
c
if the dentist does not have a vocational training number.
.
Substitution of regulation 32 of the principal Regulations
6
For regulation 32 of the principal Regulations there shall be substituted the following regulation–
Service of documents
32
Any notice or other document which is required or authorised by these Regulations (including the terms of service) to be given or sent–
a
to a dentist by an FHSA, the Dental Vocational Training Authority, the Appeal Body or an appeal committee may be given or sent by delivering it to him or by sending it by post to him at his usual or last-known address;
b
to a dentist in connection with an appeal under regulation 5C who is represented by a solicitor for the purposes of that appeal, may be given or sent (as an alternative to a method mentioned in paragraph (a)) by delivering it to the solicitor at, or by sending it by post to the solicitor at, his usual or principal professional address;
c
to the Appeal Body or an appeal committee may be given or sent by delivering it to, or by sending it by post to, the secretary of the Appeal Body at the address mentioned in the notice given under regulation 5A(8).
.
Amendment of Part I of Schedule 2 to the principal Regulations
7
In Part I of Schedule 2 to the principal Regulations, after paragraph 5, there shall be inserted–
5A
His vocational training number, if he has one.
.
New Schedule 1A to the principal Regulations
8
After Schedule 1 to the principal Regulations there shall be inserted the new Schedule 1A set out in Schedule 1 to these Regulations.
New Schedule 5A to the principal Regulations
9
After Schedule 5 to the principal Regulations there shall be inserted the new Schedule 5A set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
9th September 1993


text:
Citation and commencement
1
1
This Order may be cited as the Plymouth Development Corporation (Planning Functions) Order 1993.
2
This Order shall come into force on 13th May 1993.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the development area” means the area designated as an urban development area by the Plymouth Development Corporation (Area and Constitution) Order 1993 ; and
“the development corporation” means The Plymouth Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the whole of the development area for all the purposes of Part III of the 1990 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area the functions conferred by all the provisions of the 1990 Act and the Listed Buildings Act specified in Part I of Schedule 29 to the 1980 Act .
Modifications of provisions of the 1990 Act and the Listed Buildings Act
4
All the provisions of the 1990 Act and the Listed Buildings Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
5
1
This article applies as respects any application for planning permission under the 1990 Act or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
a
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub-paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under article 14 of the Town and Country Planning General Development Order 1988 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under sections 107 , 108, 115, 186 , 203 and 204 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100 , 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Michael Howard
Secretary of State for the Environment
15th April 1993


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 1993 and shall come into force on 1st January 1994.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
In so far as these Regulations are made under section 2(2) of the European Communities Act 1972, section 42 of the Road Traffic Act 1988 shall have effect in relation thereto as if they had been made under section 41 of that Act.
Amendments
3
1
For regulations 36A and 36B, there shall be substituted the regulations set out in Part I of the Schedule to these Regulations.
2
For regulation 70A, there shall be substituted the regulation set out in Part II of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport.
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
6th December 1993


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


text:
Citation and commencement
1
These Regulations may be cited as the Central Rating Lists (Amendment) Regulations 1993 and shall come into force on 25th February 1993.
Amendment of Regulations
2
Part 6 (water supply hereditaments) of the Schedule to the Central Rating Lists Regulations 1989 is amended —
a
in the column entitled “Relevant hereditaments”, by the substitution for the words “Chapter II of Part II of the Water Act 1989”, in both places where they occur, of the words “Part III of the Water Industry Act 1991” ; and
b
in the column entitled “Designated person” under the heading “II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND” by the omission of the words “Newcastle and Gateshead Water Company”.
Partial retrospective effect
3
The amendment made by paragraph (b) of regulation 2 has effect from 31st March 1992.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
29th January 1993


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Companies (Cancellation) Regulations 1993 and shall come into force on 20th May 1993.
2
In these Regulations “the 1982 Act ” means the Insurance Companies Act 1982 .
Rights of cancellation
2
1
For subsection (1) of section 75 of the 1982 Act (statutory notice by insurer in relation to long term policy) substitute —
1
Subject to subsections (5) and (5A) below, unless the requirements of subsection (1A) below are fulfilled —
a
no insurance company to which Part II of this Act applies and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the carrying on of long term business; and
b
no company which has been authorised in accordance with Article 6 of the first long term insurance Directive shall enter into a contract the effecting of which constitutes the provision in the United Kingdom of long term insurance within the meaning of Part IIIA of this Act .
1A
The requirements of this subsection are that —
a
the company or member (“the insurer”) sends by post to the other party to the contract, at or before the time when it is entered into, a statutory notice in relation to the contract; or
b
in the case of an EC contract, a representative of the insurer gives such a notice to that party at that time.
1B
Where, in the case of an EC contract, a statutory notice is sent to the other party to the contract before the time when it is entered into, the insurer shall, not later than 14 days after the contract has become binding, inform that party in writing that it has done so.
.
2
In subsection (5) of that section, for the words “any contract” substitute the words “any non-EC contract”.
3
After that subsection insert —
5A
Subsection (1) of this section does not apply to a contract if the party other than the insurer is habitually resident in a member State other than the United Kingdom.
5B
For the purposes of this section and section 76 below, “EC contract” means a contract to which subsection (1) above applies which fulfils the following conditions, namely —
a
the insurer is a company whose head office is in a member State or a member of Lloyd's; and
b
the other party is habitually resident in the United Kingdom;
and “non-EC contract” means a contract to which subsection (1) above applies which is not an EC contract.
5C
In the case of a contract involving two or more parties other than the insurer, this section and section 76 below shall have effect as if a separate contract were being or had been entered into by the insurer with each of those parties.
.
4
For subsection (1) of section 76 of the 1982 Act (right to serve notice of cancellation in respect of long term policy) substitute —
1
A person who has received a statutory notice in relation to an EC contract may, before the expiration of the fourteenth day after that on which he is informed in writing that the contract has become binding, serve a notice of cancellation on the insurer.
1A
A person who has received a statutory notice in relation to a non-EC contract may, before the expiration of —
a
the tenth day after that on which he received the notice, or
b
the earliest day on which he knows both that the contract has been entered into and that the first or only premium has been paid,
whichever is the later, serve a notice of cancellation on the insurer.
.
5
In subsection (2) of that section, for the words “subsection (1)” substitute the words “subsection (1) or (1A)”.
Minor corrections of 1982 Act
3
1
Renumber the section 49A of the 1982 Act inserted by regulation 3(4) of the Insurance Companies (Amendment) Regulations 1993 (modifications of section 49 in certain cases) as section 49B of that Act and transpose that section as so renumbered to after the section 49A of that Act inserted by paragraph 6(2) of Schedule 21 to the Friendly Societies Act 1992 .
2
After subsection (1) of section 81A of the 1982 Act (introductory provisions) as substituted by regulation 4(2) of the Insurance Companies (Amendment) Regulations 1993 insert —
1A
References in this Part to relevant motor vehicle risks are to risks (other than carrier’s liability) falling within class 10 of Schedule 2 to this Act (motor vehicle liability).
.
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
19th May 1993


text:
Citation and commencement
1
–
1
This Act of Sederunt may be cited as the Act of Sederunt (Child Support Rules) 1993 and shall come into force on 5th April 1993.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt–
“the Act of 1991 ” means the Child Support Act 1991 ;
“deduction from earnings order” means an order under section 31(2) of the Act of 1991;
“liability order” means an order under section 33(2) of the Act of 1991; and
“liable person” means a person liable to make payments of child support maintenance.
4
A reference in rules 1 to 6 of this Act of Sederunt to a numbered form is a reference to the form so numbered in the Schedule to this Act of Sederunt or a form substantially to the same effect, with such modifications as circumstances may require.
Application for a liability order
2
1
An application by the Secretatry of State for a liability order under section 33(2) of the Act of 1991 shall be by summary application in Form 1, and rule 3 and Form A of the Ordinary Cause Rules of the sheriff court shall not apply to such an application.
2
The sheriff clerk shall, on receiving an application under paragraph (1) above, order the application to be served on the liable person with a notice in Form 2; and service of the application and notice shall be by a solicitor or officer of court, who shall complete an execution of service.
3
Where the liable person wishes to object to the grant of the application he shall do so by completing Form 2 and returning it to the sheriff clerk within 21 days after the date of service of the application.
4
The sheriff clerk, on receipt of an objection which is in accordance with paragraph (3) above, shall–
a
put out the cause for hearing; and
b
intimate the hearing to the parties.
5
The sheriff may consider the application, and any objection which has been received, on the date fixed for hearing, or at any continuation of it, whether or not any of the parties appear.
6
Where no objection to the grant of the application in accordance with paragraph (3) above has been received within 21 days after the date of service, the applicant may return the application, together with a duly completed execution of service, to the sheriff clerk requesting the sheriff to make a liability order.
7
A liability order shall be in Form 3.
8
An extract of the liability order, or other order of the sheriff, may be issued on the expiry of 14 days from the date of making of the order.
9
An extract of the liability order shall be in Form 4.
Enforcement of non-Scottish liability orders within Scotland
3
Where a liability order made by a court in England and Wales or any corresponding order made by a court in Northern Ireland is, by virtue of regulations made under section 39(1) of the Act of 1991, to be enforced in Scotland, the liability order or corresponding order shall be registered for enforcement by the sheriff clerk appending to it a docquet in the following terms:–
.
Service of charge following the making of a liability order
4
1
Where a liability order has been made, a charge for payment under section 38 of the Act of 1991 shall be in Form 5.
2
The period for payment specified in any charge under this rule shall be–
a
14 days where the person on whom it is served is within the United Kingdom; and
b
28 days where the person on whom it is served is outwith the United Kingdom or his whereabouts are unknown.
Appeal against a deduction from earnings order
5
1
An appeal against a deduction from earnings order as provided for in regulations made under section 32(5) of the Act of 1991 shall be by summary application in Form 6, and rule 3 and Form A of the Ordinary Cause Rules of the sheriff court shall not apply to such an appeal.
2
The sheriff clerk, on receiving an application under paragraph (1) above, shall–
a
fix a date for the hearing of the appeal; and
b
order service of the application on the Secretary of State.
Representation
6
1
A party to an application for a liability order or to an appeal against a deduction from earnings order may be represented by–
a
an advocate;
b
a solicitor; or
c
subject to the following paragraphs of this rule, any other person (hereinafter referred to as an “authorised lay representative”), where the sheriff is satisfied that such person is a suitable representative and is duly authorised to represent the party.
2
An authorised lay representative shall not represent a party at any diet appointed for the leading of evidence or for debate but may do all other things in the preparation and conduct of a claim as may be done by an individual who conducts his own claim.
3
A party who is, or has been, represented by an authorised lay representative, and who would have been found entitled to expenses and outlays if he had been represented by an advocate or a solicitor, may be allowed the expenses and outlays to which a party litigant may be found entitled by virtue of the Litigants in Person (Costs and Expenses) Act 1975 or any enactment made under that Act.
Amendment
7
1
The forms in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 shall be amended in accordance with the following paragraphs.
2
In Form 37 omit the words “to three instalments” and substitute “one instalment”.
3
In–
a
paragraph (2) of the Notes in Form 30;
b
paragraph (1) of the Notes for Employer in Form 34; and
c
paragraph (1) of the Notes in Form 45,
after the words “section 73 of the Act” insert the words “as amended by the Child Support Act 1991”.
J.A.D. Hope
Lord President, IPD
Edinburgh,
26th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Kensington and Chelsea and Westminster (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
1
In this Order —
“the map” means the map prepared by the Department of the Environment, marked “Map of the Kensington and Chelsea and Westminster (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“the Royal Borough” means the Royal Borough of Kensington and Chelsea in Greater London; any reference to a ward is a reference to a ward of the borough or city from or to which an area is transferred; and
“Westminster” means the city of Westminster in Greater London.
Transfers from the Royal Borough to Westminster
3
1
The area which is marked E on the map shall be transferred from the Royal Borough, and from the Colville ward to Westminster, to the Westbourne ward, and to the North Westminster petty sessional area.
2
The area which is marked B on the map shall be transferred from the Royal Borough, and from the St Charles ward to Westminster, to the Queen’s Park ward, and to the North Westminster petty sessional area.
Transfers from Westminster to the Royal Borough
4
1
The area which is marked A on the map shall be transferred from Westminster, and from the Queen’s Park ward to the Royal Borough, to the St Charles ward, and to the West London petty sessional area.
2
The area which is marked C on the map shall be transferred from Westminster, and from the Queen’s Park ward to the Royal Borough, to the Golborne ward, and to the West London petty sessional area.
3
The area which is marked D on the map shall be transferred from Westminster, and from the Westbourne ward to the Royal Borough, to the Golborne ward, and to the West London petty sessional area.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
10th May 1993


text:
Citation and commencement
1
1
This Order may be cited as the Bradford, Kirklees and Leeds (City and Metropolitan Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
1
In this Order —
“district” includes a city and a metropolitan borough;
any reference to Bradford, to Kirklees or to Leeds is a reference to the district of that name in the metropolitan county of West Yorkshire;
“the map” means one or more of the 5 maps prepared by the Department of the Environment, marked “Maps of the Bradford, Kirklees and Leeds (City and Metropolitan Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
any reference to a ward is a reference to a ward of the district from or to which an area is transferred.
Transfers from Bradford to Kirklees
3
The areas which are marked —
B2 and B4 on map 2;
B5, B7, B9, B10 and B12 on map 3;
B13 on map 4;
shall be transfered from Bradford, and from the Tong ward to Kirklees, to the Birstall and Birkenshaw ward, and to the Batley and Dewsbury petty sessional division.
Transfers from Kirklees to Bradford
4
1
The areas which are marked —
B3 on map 2; and
B6, B8 and B11 on map 3 —
shall be transfered from Kirklees, and from the Birstall and Birkenshaw ward to Bradford, and to the Tong ward.
2
The area which is marked B1 on map 1 shall be transferred from Kirklees, and from the Cleckheaton ward to Bradford, and to the Wyke ward.
3
All areas transferred by this article shall additionally be transferred to the Bradford petty sessional division.
Transfers from Kirklees to Leeds
5
1
The areas which are marked B20, B22 and B25 on map 5, shall be transferred from Kirklees, and from the Batley East ward to Leeds, and to the Morley South ward.
2
The areas which are marked B15 and B17 on map 4 shall be transferred from Kirklees, and from the Birstall and Birkenshaw ward to Leeds, and to the Morley North ward.
3
All areas transferred by this article shall additionally be transferred to the Morley petty sessional division and to the Eastern (West Yorkshire) coroner’s district.
Transfers from Leeds to Kirklees
6
1
The areas which are marked —
B14, B16 and B18 on map 4; and
B19 on map 5 —
shall be transferred from Leeds, and from the Morley North ward to Kirklees, and to the Birstall and Birkenshaw ward.
2
The areas which are marked B21, B23, B24 and B26 on map 5 shall be transferred from Leeds, and from the Morley South ward to Kirklees, and to the Batley East ward.
3
All areas transferred by this article shall additionally be transferred to the Batley and Dewsbury petty sessional division and to the Western (West Yorkshire) coroner’s district.
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
1st March 1993


text:
Title and commencement
1
This Order may be cited as the Spring Traps Approval (Variation) Order 1993 and shall come into force on 1st March 1993.
Variation of principal Order
2
The Spring Traps Approval Order 1975 shall be varied by inserting at the end of the Schedule (in which are set out traps of a type and make approved for the purposes of section 8 of the Pests Act 1954) the provisions set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st February 1993
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
2nd February 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Superannuation (Investments) Regulations 1993 and shall come into force on 20th August 1993, but paragraphs (b)(i) and (d)(i), (ii) and (iii) of regulation 2 shall have effect as from1st January 1993.
Use and investment of superannuation fund’s moneys
2
Regulation P3 of the Local Government Superannuation Regulations 1986 shall be amended as follows:
a
in paragraph (2) —
i
by substituting for sub-paragraph (a) the following sub-paragraph:
a
any contract entered into in the course of dealing in financial futures or traded options;
;
and
ii
by adding at the end the words
and
d
a stocklending arrangement.
;
b
in paragraph (4) —
i
in sub-paragraph (b) by substituting for paragraph (iii) the following paragraph:
iii
a deposit with a relevant body;
and
ii
by adding at the end the words
or
f
enter into a stocklending arrangement so as to bring the total value of the securities transferred, or agreed to be transferred, by the authority pursuant to stocklending arrangements to an amount which exceeds 25 per cent of the value at the time of all investments of fund moneys.
;
c
by inserting after paragraph (7) the following paragraph:
7A
An administering authority shall enter into a stocklending arrangement under paragraph (2)(d) only if it complies with the provisions of regulation 5.58 and 5.60 of Section L of the Financial Services (Regulated Schemes) Regulations 1991 and, for this purpose, —
a
the reference in paragraph 1c (iii) of regulation 5.58 to the Guidance of the Board shall be taken to be a reference to Guidance Release 4/91 issued by the Securities and Investments Board in June 1991,
b
any reference to the trustee shall be taken to be a reference to the administering authority, and
c
any other expressions used in those provisions shall have the same meaning as in those Regulations.
; and
d
in paragraph (10) —
i
by inserting after the definition of “companies” the following definitions:
“home-regulated investment business”, “European authorised institution” and “European institution” have the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992;
ii
by inserting in the definition of “investment manager” after sub-paragraph (b) the following sub-paragraph: or
c
who is a European institution carrying on home-regulated investment business in the United Kingdom;
;
iii
by inserting after the definition of “proper advice” the following definition:
“a relevant body” means —
a
the Bank of England;
b
an institution authorised under Part 1 of the Banking Act 1987; or
c
a person for the time being specified in Schedule 2 to the Banking Act 1987; or
d
a European authorised institution which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits; and
iv
by adding at the end the following definitions:
“stocklending arrangement” means an arrangement such as is mentioned in subsection (1) or (2) of section 129 of the Income and Corporation Taxes Act 1988;
“traded option” means an option which is for the time being quoted on a recognised stock exchange within the meaning of section 841 of the Income and Corporation Taxes Act 1988 or on the London International Financial Futures Exchange. .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st July 1993