text:
PART I
Citation and commencement
1
These Rules may be cited as the Land Registration Rules 1993 and shall come into force on 28th March 1994.
Interpretation
2
In these Rules:
a
“the Principal Rules ” means the Land Registration Rules 1925 ;
b
“the Open Register Rules ” means the Land Registration (Open Register) Rules 1991 .
PART II
AMENDMENTS TO THE PRINCIPAL RULES
Amendments to rule 1 of the Principal Rules
3
1
For rule 1(5A) of the Principal Rules there shall be substituted:
5A
“Proper office” means the district land registry designated as the proper office by article 2(2) of the Land Registration (District Registries) Order 1991 .
.
2
In rule 1 of the Principal Rules the following paragraph shall be inserted after paragraph (5G):
5H
In rules 42, 90, 267, 306(2) and 310(1) “Registry” shall include any premises where documents are stored on behalf of the Registrar.
.
Amendment to rule 9 of the Principal Rules
4
In rule 9(3) of the Principal Rules the words “, together with a short description of the property comprised in each title concerned, and, in the case of the proprietor of a charge, the date of the charge” shall be omitted.
New rule 17 of the Principal Rules
5
The following rule shall be substituted for rule 17 of the Principal Rules:
New editions of the register
17
1
The Registrar may at any time when he considers it desirable, make a new edition of the register containing only the subsisting entries, and he may, in doing so, make any rearrangement that may appear to him conducive to clarity, including the altering of the number of the title and, subject to paragraph (2), the division of the title into two or more titles.
2
A rearrangement of the register which includes the division of the title into two or more titles shall only be made under paragraph (1) on the application of the registered proprietor of the land, or after notice to the registered proprietor of the land and the registered proprietor of any charge.
3
Such arrangements shall be made as to the recalling of the land and charge certificates and for the issue of new certificates as may be necessary.
.
Revocation of rules 92 and 93 of the Principal Rules
6
Rules 92 and 93 of the Principal Rules are revoked.
Amendment to rule 262 of the Principal Rules
7
In rule 262 of the Principal Rules the words “either the original or” shall be inserted at the beginning of paragraph (1)(a).
PART III
AMENDMENTS TO THE OPEN REGISTER RULES
Insertion of rule 4A into the Open Register Rules
8
After rule 4 of the Open Register Rules there shall be inserted the following rule:
Inspection and copying of register entries — access by remote terminal
4A
Access to the registrar’s computer system, by means of a person’s remote terminal, for the purpose of inspection and the making of copies of and extracts from entries on the register of a registered title held on that system is subject to the following conditions:
a
Such access may only be undertaken during the currency of a relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice.
b
A person who wishes to apply for such access must provide such of the following particulars as may be required by the registrar:
i
The credit account number, name and telephone number of the person making the application.
ii
The title number of the registered title in respect of which the application is made.
iii
The property description of the land in respect of which the application is made.
iv
The relevant postcode.
.
Amendments to rule 6 of and Schedules 1 and 2 to the Open Register Rules
9
1
In rule 6(1) of the Open Register Rules there shall be inserted:
a
after the words “or Part 2” the words “or Part 3”; and
b
after the words “in Form 112A or 112B” the words “or 112C”.
2
In rule 6(2) of the Open Register Rules there shall be inserted after the words “in Form 112A or 112B” the words “or 112C”.
3
In rule 6 of the Open Register Rules the following paragraph shall be inserted after paragraph (5):
6
In Form 112C and Schedule 2 references to tax are references to any of the taxes mentioned in the definition of tax in section 118(1) of the Taxes Management Act 1970 .
.
4
Form 112C in Schedule 1 to these Rules shall be inserted immediately after Form 112B in Schedule 1 to the Open Register Rules.
5
Part 3 as set out in Schedule 2 to these Rules shall be inserted immediately after Part 2 of Schedule 2 to the Open Register Rules.
New rule 11 of the Open Register Rules
10
For rule 11 of the Open Register Rules there shall be substituted the following rule:
Delivery of applications
11
1
Subject to rule 6(3) and to paragraph (2), an application made under these rules shall be delivered to the proper office.
2
Any application of the type referred to in rule 13(4) shall be delivered to the registrar.
.
Amendments to rule 13 of the Open Register Rules
11
1
In rule 13(1)(g) of the Open Register Rules there shall be inserted after the words “or 3(2)(b)” the words “or 4A”.
2
There shall be substituted for the words “Subject to paragraph (3)” at the beginning of rule 13(2) of the Open Register Rules the words “Subject to paragraphs (3) and (3A)”.
3
After rule 13(3) of the Open Register Rules there shall be inserted the following paragraph:
3A
If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given under paragraph (1) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (3).
.
4
At the end of sub-paragraph (e) of paragraph (4) of rule 13 of the Open Register Rules there shall be substituted for the full stop a semi-colon and there shall be inserted after that sub-paragraph the following sub-paragraph:
f
an application for inspection and copying of register entries where access is by remote terminal under rule 4A.
.
Mackay of Clashfern, C.
Dated 14th December 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fife Healthcare 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 Fife 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 Fife Healthcare 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 Fife 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 Fife 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 Fife 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 London South Circular Trunk Road (A205) (Lordship Lane, Lewisham and Southwark) (Box Junction) Order 1993 and shall come into force on 16th October 1993.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1044 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the London South Circular Trunk Road (A205) in the London Boroughs of Lewisham and Southwark known as Lordship Lane.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary within the boxed area while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near that area to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary within the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State
P. J. Bevis
A Grade 6 Officer for Transport London Regional Office of the
Department of Transport
11th October 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation Order 1993 and shall come into force on 27th March 1993.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“livestock unit” means–
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“unimproved permanent grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with fertiliser, lime, slag, herbicides or pesticides for at least five years;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Test Valley in the County of Hampshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Test Valley environmentally sensitive area” dated 3rd March 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forth-with and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payment under an agreement for land to which the agreement relates at the rate of £10 per annum for each hectare of improved permanent grassland and £105 per annum for each hectare of unimproved permanent grassland.
2
Where an agreement includes the additional provisions specified in Schedule 2 in relation to any land, the Minister shall make payments at the rate of £240 per annum for each hectare of that land.
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 3, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3000 per agreement.
Revocation and saving
7
The Environmentally Sensitive Areas (Test Valley) Designation Order 1987 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 28th February 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
3rd March 1993.
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Rail Crossing Extinguishment and Diversion Orders Regulations 1993 and shall come into force on 31st January 1993.
2
In these Regulations unless the context otherwise requires:
“ the Act ” means the Highways Act 1980;
“authority” means the authority responsible for making the order;
“order” means a rail crossing extinguishment order, a rail crossing diversion order, or an order varying or revoking such order ;
“public path creation order” means an order made under section 26 of the Act (compulsory powers for creation of footpaths and bridleways);
“public path diversion order” means an order made under section 119 of the Act (diversion of footpaths and bridleways);
“public path extinguishment order” means an order made under section 118 of the Act (stopping up of footpaths and bridleways);
“rail crossing diversion order” means an order under section 119A of the Act (diversion of footpaths and bridleways crossing railways);
“rail crossing extinguishment order” means an order under section 118A of the Act (stopping up of footpaths and bridleways crossing railways).
Forms of request and particulars for request
2
1
A request to an authority for a rail crossing extinguishment order shall be in the form in Part 1 of Schedule 1 to these Regulations or in a form substantially to the like effect.
2
A request to an authority for a rail crossing diversion order shall be in the form in Part 2 of Schedule 1 to these Regulations or in a form substantially to the like effect.
3
The prescribed particulars to be given in any such request are the particulars required by that request.
Forms of order
3
1
A rail crossing extinguishment order shall be in the form set out in Form 1 of Schedule 2 to these Regulations or in a form substantially to the like effect.
2
A rail crossing diversion order shall be in the form set out in Form 2 of Schedule 2 to these Regulations or in a form substantially to the like effect.
3
The map which sections 118A(6) and 119A(9) of the Act require an order to contain shall be on a scale of not less than 1:2500, or, if no such map is available, on the largest scale readily available, and shall show any rights of way alternative to the way affected by the order.
4
An order shall at the end be sealed and dated.
Notices
4
1
Any notice required to be given under Schedule 6 to the Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways) by an authority shall be in the appropriate form set out in Schedule 3 to these Regulations, or in a form substantially to the like effect, as follows–
a
the form of notice of making of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 1, and
b
the form of notice of confirmation of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 2.
2
Any notice required to be given under Schedule 6 to the Act by the Secretary of State shall be in the appropriate form set out in Schedule 3 to these Regulations, or in a form substantially to the like effect, subject to any necessary modifications.
3
The notice required to be served under paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 4 to these Regulations be served on the persons specified in column 2 of that Schedule.
4
Where any notice to be served on an owner, lessee or occupier in accordance with paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act is sent under cover otherwise than by registered or recorded delivery service, the cover shall have clearly upon it in writing the words: “IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY”.
Procedure for orders
5
1
An order shall be made in duplicate.
2
Where an order is submitted to the Secretary of State for confirmation the order and duplicate shall be sent to him accompanied by:
a
two copies of the order,
b
a copy of the notice given before submission as required by Schedule 6 to the Act,
c
a statement of the grounds on which the authority consider that the order should be confirmed,
d
a copy of the request for the order,
e
any representations or objections duly made with respect to the order and not withdrawn, together with the observations thereon of the authority, and
f
in any case in which the authority is required to obtain the consent of, or to consult, any other authority or body before the order is made, a certificate that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.
3
Any proceedings preliminary to the confirmation of a public path extinguishment order, or a rail crossing extinguishment order, may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order or a public path diversion order or a rail crossing diversion order .
4
After a decision not to confirm an order, the authority shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
5
After an order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
6
After an order has been confirmed, the authority shall send a copy of the order as confirmed to the Ordnance Survey.
Claims for compensation as respects orders
6
1
A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), as applied by section 121(2) of the Act (supplementary provisions as to public path extinguishment and diversion orders), in consequence of the coming into operation of an order shall be made in writing and shall be served on the authority, or in the case of an order made by the Secretary of State on the authority nominated by the Secretary of State as provided by section 28(3) of the Act, by delivering it at the offices of the authority addressed to its Chief Executive or by sending it by prepaid post so addressed.
2
The time within which any such claim shall be served shall be six months from the coming into force of the order in respect of which the claim is made.
Michael Howard
Secretary of State for the Environment
7th January 1993
David Hunt
Secretary of State for Wales
6th January 1993


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Authorisation No.2) Regulations 1993, and shall come into force on 15th November 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1992 Act ” means the Friendly Societies Act 1992;
“class”, in relation to insurance business, has the meaning given in section 43 of the 1992 Act;
“deposit back arrangement”, in relation to any contract of reinsurance, means an arrangement whereby an amount is deposited by the reinsurer with the cedant;
“direct insurance business” means insurance business that is not reinsurance business;
“expected date of authorisation” means the date which is 6 months after the date of submission of an application for authorisation under section 32 of the 1992 Act, or, such earlier date as the Commission may, at the request of a society, determine;
“information” includes proposal and financial forecast;
“mathematical reserves” means the provision made by the society to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for long term business;
“minimum guarantee fund” means the minimum guarantee fund referred to in Regulation 5 of the Friendly Societies (Insurance Business No.2) Regulations 1993 ;
“premium” includes a contribution in respect of an insurance benefit and the consideration for the granting of an annuity;
“qualifying bodies” has the meaning given by section 13(2) of the 1992 Act;
“required margin of solvency” means the margin of solvency to be maintained by the society under section 48 of the 1992 Act;
“Schedule” means Schedule to these Regulations;
“society” means an incorporated friendly society or a registered friendly society;
“the valuation regulations ” means Parts IV and V of the Friendly Societies (Insurance Business No.2) Regulations 1993.
2
In these Regulations, unless the context otherwise requires —
a
references to an actuary, appointed actuary or appropriate actuary shall have the same meaning as they have in section 119 of the 1992 Act;
b
references to insurance business, long term business, general business, or reinsurance business shall have the same meaning as they have in section 117 of the 1992 Act; and
c
references to non-insurance business shall have the same meaning as they have in section 119 of the 1992 Act.
3
References in Schedule 2 to general and special policy conditions do not include specific conditions intended to meet, in an individual case, the particular circumstances of the risk to be covered.
Application
3
These Regulations shall apply to an application for authorisation to carry on insurance or non-insurance business under section 32 of the 1992 Act.
Authorisation: submission of information
4
The information to be submitted pursuant to paragraph 2(2) of Schedule 13 to the 1992 Act shall be —
a
for an application for authorisation to carry on long term business, the information specified in Schedule 1,
b
for an application for authorisation to carry on general business, the information specified in Schedule 2, and
c
for an application for authorisation to carry on non-insurance business, the information specified in Schedule 3.
Revocation
5
The Friendly Societies (Authorisation) Regulations 1993 are hereby revoked.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on 4th October 1993.
Michael Cook
Secretary to the Commission
We consent to these Regulations
Timothy Kirkhope
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 1993


text:
Citation and commencement
1
This Order may be cited as the Liverpool Housing Action Trust (Transfer of Property) Order 1993 and shall come into force on 4th October 1993.
Interpretation
2
In this Order —
“the council” means the council of the City of Liverpool;
“the transfer date” means 4th October 1993; and
“the trust” means the Liverpool Housing Action Trust.
Transfer of Land
3
Subject to article 4 of this Order, the interest of the council in the housing and other land within the area designated as a housing action trust area by the Liverpool Housing Action Trust (Area and Constitution) Order 1993 shall vest in the trust on the transfer date together with all easements and rights vested in the council which are annexed or appurtenant to the land transferred by this Order (or any part of the land).
Mortgages
4
The interest of the council in any mortgage effected in pursuance of a secure tenant’s right to a mortgage under section 132 of the Housing Act 1985 shall not vest in the trust.
Financial terms
5
1
On the transfer date the trust shall pay to the council £300,000 in respect of arrears of rent falling due before the transfer date and arising under secure tenancies of housing transferred by this Order.
2
If any part of the sum payable under paragraph (1) is unpaid, the trust shall further pay the council interest at such rate as may be prescribed by regulations under section 32 of the Land Compensation Act 1961 while it remains unpaid.
3
Payments to the council under this article shall not be regarded for the purposes of Part IV of the Local Government and Housing Act 1989 as sums received by the council in respect of a disposal falling within section 58(1)(a) of that Act.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State
Department of the Environment
6th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath Mental Health Care National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order: —
“the Authority” means Bath Health Authority;
“the Trust” means the Bath Mental Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 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
16th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Lakeland 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 North Lakeland 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 North Lakeland 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 Garlands Hospital, Carlisle CA1 3SX and associated hospitals;
b
to manage community health services provided from Central Clinic, 50 Victoria Place, Carlisle CA1 1HN 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 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 East Cumbria 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 East Cumbria 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 East Cumbria Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 and shall come into force on 5th July 1993.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“centre line”, in relation to a road, means the imaginary line along the centre of the carriageway; and
“carriageway” has the same meaning as in the Highways Act 1980 .
Application
3
1
This Order applies to the five areas in the London borough of Wandsworth within the outer edge of the boundaries delineated in red on the plans in Schedules 1 and 2.
2
In relation to each road named in a heading in Part I or II of Schedule 3 —
a
the parts of the road described in the paragraph following the heading shall be deemed to be within an area to which this Order applies, and
b
the remainder of that road shall be deemed not to be within any of those areas,
and, accordingly, in so far as there is any inconsistency between this paragraph and paragraph (1) above this paragraph shall prevail.
3
Notwithstanding anything in the foregoing provisions of this article, in relation to each road named in a heading in Part III of Schedule 3, the parts of the road described in the paragraph following the heading shall be deemed not to be within an area to which this Order applies.
4
For the purposes of Schedule 3 —
a
a reference to a specified side of a length of road is a reference to the part of that length which lies between the edge of the road on the specified side and the centre line; and
b
in the measurement of any distance, in relation to a road, that distance shall be measured in a direction parallel to the centre line.
Designation of special parking area
4
1
The Secretary of State hereby designates the parts of the London borough of Wandsworth in the five areas to which this Order applies as special parking areas.
2
A reference in the following provisions of this Order to a special parking area is a reference to an area designated by this article.
Modification of the Road Traffic Regulation Act 1984
5
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Wandsworth as if, at the end of subsection (1) there were inserted the words “and their income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) payable in relation to special parking areas.”.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in a special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
.
Modification of the Road Traffic Act 1991
6
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in a special parking area as if, in paragraphs (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in a special parking area as if, for subsection (4) there were substituted the following subsection —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges in London) shall have effect in relation to the London borough of Wandsworth as if, after the words “section 69” there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in a special parking area as if, for “66 and 69 to 71” there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in a special parking area as if, in paragraph 2(4), —
a
in paragraph (c), for the words “the parking place” there were substituted the words “the place in question”, and
b
in paragraph (d), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
10th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kirkcaldy Acute Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Kirkcaldy Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Kirkcaldy Acute Hospitals 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 known as Victoria Hospital and Forth Park Hospital, both in Kirkcaldy, 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 Fife 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 Fife 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 Fife Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


text:
1
This Order may be cited as the Foreign Satellite Service Proscription Order 1993 and shall come into force on 1st May 1993.
2
The foreign satellite service which at the date of the making of this Order is known as Red Hot Television and which was formerly known as Red Hot Dutch is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Peter Brooke
Secretary of State for National Heritage
6th April 1993


text:
Title and commencement
1
These Regulations may be cited as the Emulsifiers and Stabilisers in Food (Amendment) Regulations 1993 and shall come into force on 31st May 1993.
Interpretation
2
In these Regulations “the English and Welsh Regulations ” means the Emulsifiers and Stabilisers in Food Regulations 1989 and “the Scottish Regulations ” means the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 .
Amendment of the English and Welsh and the Scottish Regulations
3
In Part II of Schedule 1 to, respectively, the English and Welsh Regulations and the Scottish Regulations there shall be added, after the words “Commission Directive 90/612/ EEC ” in the entry relating to E473 Sucrose esters of fatty acids, the words “and Article 1 of Commission Directive 92/4/EEC ” .
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th April 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd April 1993
David Hunt
Secretary of State for Wales
22nd April 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd April 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Bournemouth and Christchurch Hospitals National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order:
“the Authority” means East Dorset Health Authority;
“the Trust” means the Royal Bournemouth and Christchurch Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st January 1993 which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd March 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bury 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 Bury 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 Bury 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 21 Silver Street, Bury, Lancashire BL9 0EN and associated hospitals;
b
to manage community health services provided from 21 Silver Street, Bury, Lancashire BL9 0EN 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 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 Bury 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 Bury 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 Bury 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
This Order may be cited as the Area Boards (Dissolution) Order 1993 and shall come into force on 10th December 1993.
2
Each of the Area Boards shall be dissolved on the day on which this Order comes into force.
Tim Eggar
Minister for Energy,
Department of Trade & Industry
11th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solihull 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 Solihull 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 Solihull 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 Solihull Hospital, Lode Lane, Solihull, West Midlands B91 2JL;
b
to manage community health services provided from Berwicks Lane, Marston Green, Birmingham B37 7XR 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 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 Solihull 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 Solihull 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 Solihull Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Aviation Security (Air Cargo Agents) Regulations 1993 and shall come into force on 1st September 1993.
Interpretation and service of documents
2
1
In these Regulations unless the context otherwise requires —
“the 1982 Act ”means the Aviation Security Act 1982;
“the 1990 Act ”means the Aviation and Maritime Security Act 1990 ;
“applicant”means an air cargo agent who applies for inclusion on the list of security approved air cargo agents;
“cargo”includes mail, courier and express items, and stores other than goods intended for sale or use on the aircraft on which they are carried;
“list of security approved air cargo agents”means the list referred to in regulation 3 below;
“prohibited article”means any of the articles referred to in section 4(2)(b) of the 1982 Act or an incendiary device, which in either case is being carried without lawful authority or reasonable excuse;
“registrar of companies”means the registrar or other officer performing under the Companies Act 1985 the duty of registration of companies in England and Wales or in Scotland, or the registrar of companies appointed under Article 653 of the Companies (Northern Ireland) Order 1986 , as the case may require;
“relevant air cargo business”means the business referred to in regulation 4 below, and “relevant air cargo”shall be construed accordingly;
“security approved air cargo agent”means an air cargo agent whose name is included on the list referred to in regulation 3 below.
2
Any notice authorised or required by these Regulations to be given to any person shall be in writing, and section 24 of the 1982 Act shall apply to such a notice as it applies to any notice authorised or required by any provision of Part II of the 9182 Act to be served on or given to any person; and the date of such notice shall be the date it is made, and not the date of receipt.
List of security approved air cargo agents
3
The Secretary of State may maintain a list of air cargo agents who are approved by him for purposes related to aviation security, which shall be called “the list of security approved air cargo agents”.
Air cargo agents who may apply for listing
4
An air cargo agent may only apply for inclusion on the list of security approved air cargo agents if he carries on the business of:
a
handling cargo intended for carriage by civil aircraft; and
b
delivering, whether by himself or by a person acting on his behalf, such cargo to an aircraft operator for carriage by such aircraft:
i
from any aerodrome in Great Britain to a destination outside Great Britain, or
ii
from any aerodrome in Northern Ireland.
Application for listing as a security approved air cargo agent
5
1
Subject to regulation 4, an air cargo agent may make application to the Secretary of State to be included on the list of security approved air cargo agents, and such application shall include the following information relating to the applicant:
a
where the applicant is a body required by law to be registered by the registrar of companies, the name, registered number and registered office of that body;
b
where the applicant is an association or partnership which is not required by law to be so registered, the full name of each member of the association or each partner in the partnership, and the name of the association or partnership, as the case may be;
c
where the applicant is a sole proprietor, the full name of that proprietor;
together with the additional information specified in paragraph (2) below.
2
The additional information referred to in paragraph (1) above is:
a
the applicant’s trading name, if different from the name given under paragraph (1) above of this regulation;
b
the applicant’s VAT registration number, if any;
c
the telephone number, facsimile number if any, and address of the principal office, and of all premises where relevant air cargo is handled by the applicant;
d
where the applicant is not a sole proprietor, the name, telephone number, facsimile number if any, and address within the United Kingdom of an individual who will accept on behalf of the applicant any written or verbal communication (including any document mentioned in section 24(1) of the 1982 Act) from the Secretary of State relating to relevant air cargo business;
e
the number of staff engaged by the applicant in the handling of relevant air cargo;
f
the number of staff engaged by the applicant in security duties;
g
details of any criminal convictions under the 1982 Act or the 1990 Act of:
i
the applicant;
ii
any staff employed by the applicant in the handling of cargo intended for carriage by aircraft;
iii
where the applicant is a body corporate, any director or secretary of that body; and
iv
where the applicant is an unincorporated association or partnership, any member of that association or partner in that partnership.
Requirements for inclusion on the list of security approved air cargo agents
6
The Secretary of State may include an applicant on the list of security approved air cargo agents only if he is satisfied as to each of the following matters:
a
that the applicant has delivered to him a description of the applicant’s current security procedures and measures in relation to air cargo, and that in the Secretary of State’s opinion those procedures and measures are reasonable for the purposes to which Part II of the 1982 Act applies;
b
that the applicant has made adequate arrangements to ensure that all parts of premises where the applicant handles relevant air cargo after he has satisfied himself that it contains no prohibited articles are physically secure and have appropriate controls on access; and
c
that the applicant is likely to be able to comply with any directions which may be given to him by the Secretary of State under section 13A or 14 of the 1982 Act.
Notice of inclusion on the list of security approved air cargo agents
7
Where the Secretary of State decides to include an applicant on the list of security approved air cargo agents, he shall give notice to the applicant of his decision and of the date on which the applicant was placed on such list.
Notice of proposal not to include an applicant on the list of security approved air cargo agents
8
1
Where the Secretary of State proposes not to include an applicant on the list of security approved air cargo agents, he shall give notice to the applicant of such proposal and of the reasons for it.
2
The applicant may make representations to the Secretary of State within 28 days from the date of the Secretary of State’s notice under paragraph (1) of this regulation.
3
The Secretary of State shall take into account any representations made under paragraph (2) of this regulation before reaching a decision as to the inclusion of the applicant on the list.
4
Where the Secretary of State decides not to include an applicant on the list, he shall give notice to the applicant of his decision and of the reasons for it.
5
Any applicant whom the Secretary of State decides not to include on the list of security approved air cargo agents may not re-apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under paragraph (4) of this regulation.
Notice of information being rendered inaccurate by a change in circumstances
9
A security approved air cargo agent shall give notice to the Secretary of State if at any time any information provided to the Secretary of State in pursuance of paragraph (1), (2)(a), (c), (d) or (g) of regulation 5 above is rendered inaccurate by any change of circumstances, and shall give such notice to the Secretary of State within 7 days of such change occurring.
Removal of a security approved air cargo agent from the list
10
1
If at any time it appears to the Secretary of State that:
a
a security approved air cargo agent no longer carries on a relevant air cargo business;
b
a security approved air cargo agent is no longer able or has failed to comply with any direction given to the air cargo agent under section 13A or 14 of the 1982 Act (whether or not he has been prosecuted);
c
three years have elapsed from the date of the air cargo agent first being placed on the list of security approved air cargo agents, or from the last three yearly anniversary of that date, or from the last occasion of the air cargo agent being placed on the list (whichever is the later), and he has not applied at least 42 days previously to remain on the list;
d
in providing any information required pursuant to regulation 5 above, an air cargo agent has made a statement which is false in a material particular;
e
a security approved air cargo agent is in breach of regulation 9 above; or
f
there is any other good reason for the security approved air cargo agent to be removed from the list;
the Secretary of State may, subject to paragraph (2) of this regulation, remove that air cargo agent from the list of security approved air cargo agents.
2
Where the Secretary of State proposes to remove a security approved air cargo agent from the list for a reason specified in paragraph (1) of this regulation, he shall give notice to the air cargo agent of his proposal and of the reasons for it and, where such a notice is given:
a
the air cargo agent may make representations to the Secretary of State within 28 days from the date of such notice;
b
the Secretary of State shall take into account any representations made under sub-paragraph (a) above before reaching a decision as to the removal of the air cargo agent from the list; and
c
the Secretary of State shall give notice to the air cargo agent of his decision to remove him from the list and of the reasons for it, or of his decision to retain him on the list, as the case may be.
3
Any air cargo agent whom the Secretary of State decides to remove from the list for a reason within paragraph (1) of this regulation other than sub-paragraph (c) of that paragraph, may not re-apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under paragraph (2)(c) of this regulation.
4
The Secretary of State shall remove a security approved air cargo agent from the list upon being requested in writing to do so by that air cargo agent.
Application of the provisions of Part II of the 1982 Act to security approved air cargo agents
11
1
Any provision in Part II of the 1982 Act which applies in relation to persons who are permitted to have access to a restricted zone of an aerodrome for the purposes of the activities of a business (including any provision which creates a criminal offence) shall also apply to any air cargo agent included on the list of security approved air cargo agents, subject to the modification set out in paragraph (2) of this regulation.
2
In the application of section 14 of the 1982 Act to an air cargo agent in accordance with sub-paragraph (1) above, paragraph (d) of subsection (1A) shall have effect as if for the words from “carried on by that person” onwards there were substituted “as are specified in the direction and are carried on by that person at any premises where relevant air cargo is handled by him”.
Amendment of sections 21A(2) and 21B(3) of the 1982 Act
12
1
Subsection (2) of section 21A of the 1982 Act shall be amended as follows:
a
at the end of paragraph (b), the word “and” shall be omitted; and
b
at the end of paragraph (c), there shall be added
and
d
any air cargo agent who is included on the list of security approved air cargo agents maintained by the Secretary of State pursuant to regulations made under section 21F of this Act.
.
2
Subsection (3) of section 21B of the 1982 Act shall be amended as follows:
a
at the end of paragraph (c), the word “and” shall be omitted; and
b
at the end of paragraph (d), there shall be added
and
e
any air cargo agent who is included on the list of security approved air cargo agents maintained by the Secretary of State pursuant to regulations made under section 21F of this Act.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
13th April 1993


text:
1
These Regulations may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1993 and shall come into force on 18th July 1993.
2
In regulation 2 (Interpretation and transitional provision) of the International Carriage of Perishable Foodstuffs Regulations 1985 for the definition of “ ATP ” there shall be substituted:
“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) concluded at Geneva on 1st September 1970 as amended pursuant to article 18 of the agreement and as further amended pursuant to that article by an amendment to Annex 1 which came into force on 15th May 1991 , amendments to appendices 1 and 2 of Annex 1 which came into force on 6th July 1989 and 13th December 1991 , amendments to appendix 2 of Annex 1 which came into force on 30th September 1990 and 18th July 1993 and an amendment to Annex 2 which came into force on 28th March 1991 ;
.
Signed by authority of the Secretary of State
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
23rd June 1993


text:
Citation
1
This Order may be cited as the Clyde Port Authority (Dissolution) Order 1993.
Dissolution of the Authority
2
The Clyde Port Authority shall be dissolved on 4th August 1993.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
2nd August 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the 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 the new trunk road 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 route of the new trunk road is open for through traffic.
4
In this Order:
a
each measurement of distance is measured along the route of the relevant highways; and
b
i
“the deposited plan” means the plan numbered HA10/2-/N231 marked “the A66 Trunk Road (Stainmore-Banks Gate Improvement) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the A66 Penrith-Middlesborough Trunk Road.
5
This Order shall come into force on 19th March 1993 and may be cited as the A66 Trunk Road (Stainmore-Banks Gate Improvement) Order 1993.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
An Under Secretary in the
Department of Transport
5th March 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road 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 new trunk road is opened for the purposes of through traffic.
4
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
i
“the plan” means the plan numbered HA10/2E/344 marked “The A140 Trunk Road (Scole — Dickleburgh Improvement) 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 road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the A140 Trunk Road.
5
This Order shall come into force on 12th March 1993 and may be cited as the A140 Trunk Road (Scole — Dickleburgh Improvement) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
25th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Community Charge Benefit) Savings and Transitional Order 1993 and shall come into force on 9th March 1993.
2
In this Order —
“community charge benefit subsidy” means the subsidy of that name defined in section 140(1) of the Social Security Administration Act 1992 as originally enacted (community charge benefit finance) ;
“council tax benefit subsidy” means the subsidy of that name defined in section 140(1) of the Social Security Administration Act 1992 as it has effect with respect to council tax benefit by virtue of section 103 of and Schedule 9 to the Local Government Finance Act 1992.
Savings
2
Notwithstanding the amendments made by paragraphs 21 and 22 of Schedule 9 to the Local Government Finance Act 1992 in sections 140 and 163(2)(d) of the Social Security Administration Act 1992, those provisions shall, subject to article 3 below, have effect as originally enacted in respect of community charge benefit subsidy in relation to any year which ends or ended before 1st April 1993; and accordingly (but without prejudice to the generality of the foregoing provisions) in relation thereto the powers conferred by the said section 140 on the Secretary of State and the Treasury may be exercised as if those amendments had not been made.
Transitional provision
3
In relation to any case in which council tax benefit subsidy falls to be paid to any authority and, in relation to any year which ends or ended before 1st April 1993, community charge benefit subsidy falls or fell to be paid, or is or was paid, to that authority —
a
the reference in subsection (6)(a) of section 140 of the Social Security Administration Act 1992 to council tax benefit shall be treated as including a reference to community charge benefits;
b
the reference in subsection (6)(b) of the said section 140 to subsidy paid under that section shall be treated as including a reference to commmunity charge benefit subsidy paid; and
c
the second reference in subsection (7) of the said section 140 to subsidy under that section shall be treated as including a reference to community charge benefit subsidy and the reference in that subsection to a billing authority shall be treated as including a reference to a charging authority.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
9th February 1993


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Employments) (No. 26) Regulations 1993 and shall come into force on 6th April 1993.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Income Tax (Employments) Regulations 1973 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 10 , for paragraph (4) there shall be substituted —
4
On appeal, the General Commissioners shall determine the appropriate code, having regard to the same matters as the inspector may have regard to when the appropriate code is determined by him.
4A
The like provisions as are contained in section 56 of the Taxes Management Act 1970 shall apply to the determination by the General Commissioners.
4B
Subject to paragraph (4A) and regulation 11, the determination of the General Commissioners shall be final.
.
4
In regulation 12A after the words “the employee’s name,” there shall be inserted the words “the employee’s national insurance number,”.
5
In regulation 13 , in paragraph (2), for the words “the date of the last preceding payment of emoluments” there shall be substituted the words “the later of the date of the last preceding payment of emoluments or the date last treated as the occasion on which emoluments were paid”.
6
In regulation 18 —
a
in paragraph (1), for sub-paragraph (b) there shall be substituted —
b
the employee’s national insurance number;
ba
any other number used to identify the employee;
;
b
in sub-paragraph (a) of paragraph (7), after paragraph (i), there shall be inserted —
ia
the employee’s national insurance number;
.
7
In regulation 20 —
a
in paragraph (1), after the words “address of the employee,” there shall be inserted the words “the employee’s national insurance number,”;
b
for paragraph (2) there shall be substituted —
2
The prescribed weekly rate shall be such sum as represents one fifty-second part of the relief for the time being allowable under section 257(1) of the Income and Corporation Taxes Act 1988, rounded to the nearest 50 pence.
;
c
in paragraph (4), sub-paragraph (b) shall be omitted;
d
in paragraph (7), in sub-paragraph (a), there shall be inserted before the words “certificate of the employer” the words “two copies of the”;
e
in paragraph (8), for sub-paragraph (b) there shall be substituted —
b
The prescribed monthly rate shall be such sum as represents one twelfth part of the relief for the time being allowable under section 257(1) of the Income and Corporation Taxes Act 1988, rounded to the nearest £1.
.
8
In regulation 21(2) for the word “Collector” there shall be substituted the words “Inspector or, if so required, to the Collector”.
9
In regulation 27 , after paragraph (3) there shall be added —
4
Upon receipt of a return made by the employer under paragraph (1), the Collector may prepare a certificate showing the amount of tax which the employer is liable to pay to him for the income tax period in question.
5
The provisions of paragraphs (1) and (2) of Regulation 28 shall apply to the amount shown in a certificate under paragraph (4).
6
The production of the return made by the employer under paragraph (1) and of the certificate of the collector under paragraph (4) shall be sufficient evidence that the amount shown in the certificate is the amount of tax which the employer is liable to pay to the collector in respect of the income tax period in question.
7
Any document purporting to be a certificate under paragraph (4) shall be deemed to be such a certificate until the contrary is proved.
.
10
In regulation 31 , paragraph (c) shall be omitted.
11
In regulation 32 , after paragraph (1B) there shall be inserted —
1C
Where records are maintained by computer, the person required to make them available for inspection shall provide the authorised officer with all facilities necessary for obtaining information from them.
.
12
Regulations 44 to 47 shall be omitted.
13
In regulation 49 , in paragraphs (1) and (2), after the words “during the year” there shall be inserted the words “less any subsequent repayments made”.
14
In regulation 51 —
a
in paragraph (4), in sub-paragraph (a), for the words from “within the time limited” to “specified in the notice” there shall be substituted the words “within 14 days, a return in such form as the Board may prescribe showing the amount of tax which the employee is liable to pay to the Collector under paragraph (3) of this Regulation in respect of the income tax period in question”;
b
in paragraph (6), after the words “shall apply” there shall be inserted the words “with the necessary modifications”.
15
In regulation 55, paragraph (5) shall be omitted.
16
In regulations 59(4)(c) and 60(3)(b)(vi) for the words “paragraph (4) of Regulation 55” there shall be substituted the words “sub-paragraph (b) of paragraph (1) of Regulation 63”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
16th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lothian 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 West Lothian 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:
1
This Order may be cited as the Foreign Fields (Specification) (No. 2) Order 1993.
2
In this Order the “Froy Field” means the hydrocarbon accumulation between the depths of 2,920 metres and 3,200 metres beneath mean sea level within the boundary defined by a set of lines of latitude and longitude joining the surface co-ordinates set out in the Schedule hereto.
3
The Froy Field, being an area which is not under the jurisdiction of the government of the United Kingdom, is for the purposes of the Act hereby specified as a foreign field.
Tim Eggar
Minister for Energy,
Department of Trade and Industry
18th June 1993


text:
1
1
These Regulations may be cited as the Commons Registration (Disposal of Disputed Registrations) (Amendment) Regulations 1993 and shall come into force on 13th August 1993.
2
In these Regulations “the principal Regulations ” means the Commons Registration (Disposal of Disputed Registrations) Regulations 1972 .
2
1
In regulation 3 of the principal Regulations, after “30,”, there shall be inserted “30A,”.
2
In Part 1 of the Schedule to the principal Regulations, after the specimen entry numbered 30, there shall be inserted the specimen entry set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Tim Yeo
Minister of State,
Department of the Environment
9th July 1993
John Redwood
Secretary of State for Wales
14th July 1993


text:
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1993 and shall come into force on 21st June 1993.
2
The following table shall be substituted for the table set out in sub-paragraph (a) of the Schedule to the Offshore Installations (Life-saving Appliances) Regulations 1977 and for the table set out in sub-paragraph (a) of the Schedule to the Offshore Installations (Fire-fighting Equipment) Regulations 1978 :–
TABLE
Time spent Rate per hour or part thereof
On any day except a Saturday, Sunday or public holiday – between 8 a.m. and 6 p.m. £42.00 before 8 a.m. or after 6 p.m. £63.00 On a Saturday £63.00 On a Sunday or public holiday £84.00
3
In each of regulations 5(2)(c) and 5(5)(b) of the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 , there shall be substituted for the figure “2.50”, the figure “2.70”.
4
The Offshore Installations (Life-saving Appliances and Fire-fighting Equipment) (Amendment) Regulations 1990 are hereby revoked.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
19th May 1993


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
The Merchant Shipping (Light Dues) Regulations 1990 shall be amended in the Schedule thereto as follows —
a
in paragraph 1(1) of Part I (Scale of Payments) —
for “£60” substitute “£62”
for “41.5 pence” (in both places) substitute “43 pence”;
for “83 pence” substitute “86 pence”;
b
in paragraph 2 of Part I —
Tugs and registered fishing vessels
in sub-paragraph (1)(a), for “£205” and “£21” substitute “£212”and “£22” respectively;
in sub-paragraph (1)(b), for “£115” and “£12” substitute “£119”and “£12.50” respectively;
in sub-paragraphs (2) and (3), amend the minimum payments from “£60” to “£62” in each case.
Pleasure Craft
in sub-paragraph (4), for “£78” substitute “£81”; and for “£26”substitute “£27”;
in sub-paragraph (5), for “£26” substitute “£27”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
4th March 1993


text:
Citation and Commencement
1
This Order may be cited as the Castle Vale Housing Action Trust (Area and Constitution) Order 1993 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Castle Vale Housing Action Trust (Area and Constitution) Order 1993”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the City of Birmingham.
Designation of housing action trust area
3
The area of land shown on the map bounded externally by a black line and hatched internally is hereby designated as a housing action trust area.
Establishment of the Castle Vale Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the Castle Vale Housing Action Trust.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
29th June 1993


text:
Citation and commencement
1
1
This Order may be cited as the Greater Manchester and Lancashire (County and District Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a borough, a metropolitan borough and a city;
“electoral division” means an electoral division of the county of Lancashire ;
“Greater Manchester” means the metropolitan county of Greater Manchester, and any reference to Bury, to Manchester or to Salford is a reference to the Greater Manchester district of that name;
“Lancashire” means the county of Lancashire, and any reference to Blackburn or to Rossendale is a reference to the Lancashire district of that name;
“the map” means one of the 7 maps prepared by the Department of the Environment, marked “Maps of the Greater Manchester and Lancashire (County and District Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred .
Transfer from Lancashire (Blackburn) to Greater Manchester (Bury)
3
The area which is marked B16 on map 7 shall become unparished and shall be transferred from Lancashire, from Blackburn, and from the parish of North Turton to —
a
Greater Manchester;
b
Bury;
c
the Tottington ward; and to
d
the Bury petty sessional division, and the Greater Manchester North coroner’s district.
Transfer from Greater Manchester (Bury) to Lancashire (Rossendale)
4
The area which is marked B15 on map 6 shall be transferred from Greater Manchester, from Bury, and from the Ramsbottom ward to —
a
Lancashire;
b
Rossendale;
c
the Eden ward and the Rossendale West electoral division; and to
d
the Rossendale petty sessional division, and the East Lancashire coroner’s districtremaining unparished.
Transfers within Greater Manchester from Bury to Manchester
5
The following areas of Bury
i
the part of the Holyrood ward marked B14 on map 5; and
ii
the parts of the Sedgley ward marked B6, B8 and B10 on map 3shall be transferred to Manchester, to the Crumpsall ward, to the Manchester petty sessional division, and to the Manchester coroner’s district, remaining unparished.
Transfers within Greater Manchester from Manchester to Bury
6
1
The areas marked B12 and B13 on map 4 shall be transferred from Manchester, and from the Crumpsall ward to Bury, and to the Holyrood ward.
2
The areas which are marked B7, B9 and B11 on map 3 shall be transferred from Manchester, and from the Crumpsall ward to Bury and to the Sedgley ward.
3
All areas transferred by this article shall additionally be transferred to the Bury petty sessional division and the Greater Manchester North coroner’s district, and shall remain unparished.
Transfers within Greater Manchester from Bury to Salford
7
The following areas of Bury
i
the parts of the Sedgley ward marked B4 and B5 on map 3; and
ii
the part of the St Mary’s ward marked B1 on map 1-shall be transferred to Salford, to the Kersal ward, to the Salford petty sessional division, and to the Greater Manchester West coroner’s district, remaining unparished.
Transfers within Greater Manchester from Salford to Bury
8
The areas which are marked B2 on map 1 and B3 on map 2 shall be transferred from Salford, and from the Kersal ward to Bury, to the St Mary’s ward, to the Bury petty sessional division, and to the Greater Manchester North coroner’s district, remaining unparished.
Town and country planning
9
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
30th March 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is identified by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 of this Order, and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Mid Glamorgan that the new trunk road is open for through traffic.
4
In this Order:
All measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan”
means the plan numbered HA10/2 WO91 marked “The Cardiff — Glan Conwy Trunk Road (A470) (Pentrebach — Cefn Coed Diversion) Order 1993”, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“classified road”
as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iv
“the trunk road”
means the Cardiff — Glan Conwy Trunk Road (A470).
5
This Order shall come into force on 20th January 1994 and may be cited as the Cardiff — Glan Conwy Trunk Road (A470) (Pentrebach — Cefn Coed Diversion) Order 1993.
P. R. Marsden
A Grade 6 Officer Welsh Office
Dated the 21st December 1993


text:
Citation and Commencement
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) (No.1) Order 1993 and shall come into force on 1st January 1994.
Code of Practice
2
The code of practice laid in draft before Parliament on 3rd November 1993 in connection with the exercise by authorised investigators of the powers conferred by Schedule 5 to the Northern Ireland (Emergency Provisions) Act 1991 shall come into operation on 1st January 1994, subject to article 3 of this Order.
Transitional Provision
3
The code of practice shall apply to any procedures to which the code relates which are carried out after 31st December 1993.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
5th November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Coal Mines (Owner’s Operating Rules) Regulations 1993 and shall come into force on 1st January 1994.
Application
2
These Regulations shall apply to mines of coal.
Owner’s operating rules
3
1
The owner of a mine shall ensure that the mine is not worked unless there are in force rules made by the owner (in Regulations called “owner’s operating rules”) which are suitable for that mine, are set down in writing and have been notified to the Health and Safety Executive forthwith.
2
The owner shall ensure that —
a
the owner’s operating rules, as for the time being in force, are brought to the attention of all persons at work at the mine (whether or not employed by the owner) who may be affected by them; and
b
so far as is practicable —
i
all operations at the mine are undertaken in accordance with those rules in so far as they affect the conduct of the operations concerned, and
ii
those rules are observed by all persons at work at the mine.
3
Where it is so reasonably required in the interests of health or safety at the mine, the Health and Safety Executive may, by notice in writing, require the owner to modify any of the owner’s operating rules made by him (whether or not it is already in force) and, in such a case, the owner shall modify the rule in accordance with the terms of the notice and within the time limit specified in it.
Subject of owner’s operating rules
4
The owner’s operating rules shall relate to the subjects set out in the Schedule to these Regulations.
Copies of the owner’s operating rules to be kept in the covered accomodation
5
The manager of the mine shall ensure that copies of the current owner’s operating rules are kept and made available in the covered accomodation provided at the mine in accordance with regulation 36 of the Management and Administration of Safety and Health at Mines Regulations 1993 .
Defence on contravention of regulation 3(3)
6
It shall be a defence in proceedings against any person for an offence consisting of a contravention of regulation 3(3) for that person to prove that at the time the proceedings were commenced —
a
an improvement notice under section 21 of the Health and Safety at Work etc. Act 1974 relating to that contravention had not been served on him; or
b
if such a notice had been served on him —
i
the period for compliance therewith had not expired, or
ii
he had appealed against the notice and that appeal had not been withdrawn or dismissed.
Disapplication of section 157 of the 1954 Act
7
Section 157 of the 1954 Act (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.
Signed by order of the Secretary of State
Ann Widdecombe
Parlimentary Under Secretary of State,
Department of Employment
27th September 1993


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1993 and shall come into force on the twenty-eighth day after the day on which they are made.
Application and interpretation
2
1
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
2
These Regulations apply to —
a
applications referred to in regulations 1(2)(a), (b), (bb) or (c), or 10A of the 1989 Regulations made on or after the date on which these Regulations come into force;
b
applications referred to in regulation 1(2)(d) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued on or after the date on which these Regulations come into force.
General increase in fees
3
In regulation 10A of the 1989 Regulations in relation to fees due in respect of applications made —
a
before 3rd January 1995 in —
i
paragraph (5)(b), for “£60” substitute “£70”; and
ii
paragraph (6), for “£120” substitute “£140”, for “£60” substitute “£70”, and for “£6,000” substitute “£7,000”;
b
on or after 3rd January 1995 in —
i
paragraph (5)(b), for “£70” substitute “£80”; and
ii
paragraph (6), for “£140” substitute “£160”, and for “£7,000” substitute “£8,000”.
4
In Part I of Schedule 1 to the 1989 Regulations in relation to fees due in respect of an application or deemed application made or deemed to be made —
a
before 3rd January 1995 in —
i
paragraphs 4(1) and 6(2), for “£120” substitute “£140”;
ii
paragraphs 7, 7A and 7B , for “£60” substitute “£70”; and
iii
paragraph 15(2), for “£120” substitute “£140”, and for “£3,000” substitute “£3,500”;
b
on or after 3rd January 1995 in —
i
paragraphs 4(1) and 6(2), for “£140” substitute “£160”;
ii
paragraphs 7, 7A and 7B, for “£70” substitute “£80”; and
iii
paragraph 15(2), for “£140” substitute “£160”, and for “£3,500” substitute “£4,000”.
5
For Part II of Schedule 1 to the 1989 Regulations (scale of fees) in relation to fees due in respect of an application or deemed application made or deemed to be made —
a
before 3rd January 1995 substitute the new Part II set out in Schedule 1 hereto;
b
on or after 3rd January 1995 substitute the new Part II set out in Schedule 2 hereto.
6
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications) in relation to fees due in respect of applications or deemed applications made or deemed to be made —
a
before 3rd January 1995 substitute the new Schedule 2 set out in Schedule 3 hereto;
b
on or after 3rd January 1995 substitute the new Schedule 2 set out in Schedule 4 hereto.
Fees for certain applications under the General Development Order
7
In regulation 11A of the 1989 Regulations for applications or deemed applications made or deemed to be made —
a
before 3rd January 1995 for “£22” substitute “£25”;
b
on or after 3rd January 1995 for “£25” substitute “£30”.
Amendments to 1989 Regulations
8
With effect from 3rd January 1995 in paragraph (6) of regulation 10A of the 1989 Regulations delete, “or £70 for each dwellinghouse if the use is established,”.
9
In regulation 11(4) of the 1989 Regulations insert, after the words “litter bins”, “, public seating benches”.
Revocation
10
1
Subject to paragraph (2), regulation 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) ( No. 2) Regulations 1992 is hereby revoked.
2
Regulation 3 referred to in paragraph (1) shall continue to have effect in relation to the applications referred to in regulation 1(2)(d) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued before the date on which these Regulations come into force.
3
With effect from 3rd January 1995 paragraphs (7) and (13) of regulation 10A of the 1989 Regulations shall be revoked.
John Selwyn Gummer
Secretary of State for the Environment
16th December 1993
John Redwood
Secretary of State for Wales
16th December 1993


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Cambridge City Council) Order 1993 and shall come into force on 31st December 1993.
2
The management of sports and leisure facilities by the Cambridge City Council shall not be treated as a defined activity so long as it is undertaken at the Parkside Pool, Mill Road, Cambridge, before 1st January 1995.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
2nd December 1993