text:
PART I
PRELIMINARY
Commencement, citation and extent
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) Regulations 1992.
2
These Regulations shall come into force on 1st January 1996 for the purposes of —
a
regulation 10, and
b
regulation 16 in so far as it relates to paragraphs 2, 3, 6 and 7 of Schedule 2,
and on 1st January 1993 for all other purposes.
3
Regulation 16 of, and Schedule 2 to, these Regulations do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“the 1981 Order ” means the Road Traffic (Northern Ireland) Order 1981 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“the 1980 Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 ;
“the 1987 Regulations ” means the Motor Vehicles (Type Approval) ( EEC ) Regulations (Northern Ireland) 1987 ;
“ the Directive ” except in the expression “separate Directive”, means Council Directive 70/156/EEC as amended by Council Directive 87/403/EEC and Council Directive 92/53/EEC ;
“EC certificate of conformity” means any certificate of conformity issued by a manufacturer(a)under regulation 4 of these Regulations, or (b)under any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the Directive;
“EC type approval certificate” means a type approval certificate issued by a member State —
under regulation 3(5) of these Regulations, or
under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive;
“EC type approval” means —
vehicle type approval in relation to a light passenger vehicle granted pursuant to the Directive, and
system, component or separate technical unit type approval granted pursuant to a separate Directive,
and references to an application for EC type approval and other cognate expressions shall be construed accordingly;
“light passenger vehicle” has the same meaning as in Part II of the 1988 Act; and “separate Directive” means a Directive specified in column (2) of an item in Schedule 1 to these Regulations as read with the Directives (if any) specified in column (3) of that item.
2
Other expressions used in these Regulations which are also used in the Directive shall have the same meaning as in the Directive and cognate expressions shall be construed accordingly.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations, and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
PART II
EC TYPE APPROVAL GRANTED BY THE SECRETARY OF STATE
Applications for grant or amendment of EC type approval
3
1
An application for EC type approval may be made to the Secretary of State.
2
Such an application shall be in writing and accompanied by the documents required by Article 3 of the Directive.
3
An application by the holder of EC type approval for the approval to be amended shall be made in writing to the Secretary of State.
4
Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.
5
Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
6
Such a certificate shall be in the form required by the Directive or the relevant separate Directive (as the case may be).
7
The Secretary of State may grant EC component or separate technical unit type approval subject to restrictions on the use of, or conditions as respects the fitting of a component or separate technical unit (as the case may be) of the type to which the approval relates and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
8
The Secretary of State may refuse to grant EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 4(2), 5 or 6.
9
The Secretary of State may refuse to grant system, component or separate technical unit EC type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 5 or 7.
10
Without prejudice to paragraphs (8) and (9), the Secretary of State shall make any decision under this regulation in accordance with the Directive and any relevant separate Directives and in particular the requirement of the Directive that a member State granting EC type approval must ensure that adequate arrangements have been made to ensure that production vehicles, systems, components and separate techncial units (as the case may be) conform to the EC approved type.
EC certificates of conformity and approval marks
4
1
The holder of an EC vehicle type approval granted by the Secretary of State shall comply with the requirements of Article 6(1) of the Directive (holders to issue certificates of conformity).
2
The holder of an EC vehicle type approval granted by the Secretary of State shall keep a record in respect of each EC certificate of conformity issued by him of —
a
the serial number of the certificate,
b
the vehicle identity number of the vehicle to which the certificate relates, and
c
the Community reference numbers of the Community Directives with which the vehicle conformed,
and shall retain all such records for 10 years (or such lesser period as the Secretary of State may from time to time agree).
3
The holder of an EC type approval granted by the Secretary of State for a component or separate technical unit shall comply with the requirements of Article 6(3) of the Directive (holders to affix mark).
Tests and associated checks
5
Where the holder of an EC type approval granted by the Secretary of State has given an undertaking to the Secretary of State as to the carrying out at specified intervals of tests or associated checks to verify conformity of production, the holder must unless otherwise agreed by the Secretary of State —
a
comply with the undertaking, and
b
keep a record of the results obtained from such tests and associated checks and retain the records for 10 years (or such lesser period as the Secretary of State may from time to time agree).
Duty to co-operate with the Secretary of State
6
The holder of an EC type approval granted by the Secretary of State shall permit the Secretary of State to carry out his obligations in relation to the approval under Article 10(2) of the Directive or any similar provision under a separate Directive and shall co-operate with any person acting on behalf of the Secretary of State in connection with those obligations.
Information concerning restrictions on use of components and separate technical units
7
1
This regulation applies where an EC component or separate technical unit type approval has, pursuant to regulation 3(7), been granted by the Secretary of State subject to restrictions or conditions.
2
The holder shall not, in the course of supplying a component or separate technical unit manufactured by him and bearing an approval mark relating to that approval, deliver the component or separate technical unit unless it is accompanied by a document setting out the restrictions or conditions.
Withdrawal or suspension of EC type approval
8
1
In this regulation a reference to a failure to conform to an EC type approval shall be construed in accordance with Article 11(1) of the Directive.
2
If the Secretary of State, after an examination has been carried out on his behalf of two or more —
a
light passenger vehicles associated with a single EC vehicle type approval granted by him, or
b
components or separate technical units, being components or separate technical units associated with a single EC component or separate technical unit type approval granted by him,
is satisfied that there has been a failure to conform to the approved type on the part of each of those vehicles or, as the case may be, each of those vehicle components or separate technical units, he may by notice given to the holder withdraw the EC type approval.
3
If, as a result of carrying out the obligations of the United Kingdom under Article 10(2) of the Directive (with the co-operation of other member States or otherwise) in relation to an EC type approval issued by him, the Secretary of State is satisfied that —
a
the holder’s arrangement for ensuring that production vehicles, systems, components or separate technical units (as the case may be) conform to the approved type no longer continue to be adequate, or
b
without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulation 4(2), 5, 6 or 7,
the Secretary of State may by notice given to the holder suspend the EC type approval.
4
Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State must give the holder notice stating that he is considering withdrawing the approval and must give particulars of the grounds on which he is considering doing so.
5
Where the Secretary of State gives notice to a holder under paragraph (4) —
a
the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,
b
the Secretary of State must not decide to withdraw or suspend the approval until the expiration of that period, and
c
before deciding whether or not to withdraw or suspend the approval, the Secretary of State must take into account any such representations made by the holder during that period.
6
If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval is suspended.
7
A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
8
The Secretary of State may, by notice under paragraph (4) or by subsequent notice given to the holder, exempt from paragraph (6) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.
9
If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) in relation to an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.
10
For the purposes of this regulation —
a
a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and
b
a component or separate technical unit is associated with an EC component or separate technical unit type approval if it has been marked with an approval mark and the marking relates to that type approval.
PART III
LICENSING AND REGISTRATION
Powers of Secretary of State in case where vehicle a serious risk to road safety
9
1
Where the Secretary of State considers that vehicles of a particular type in respect of which an EC type approval has effect are a serious risk to road safety, he may direct that for a specified period not exceeding six months, all EC certificates of conformity issued under that EC type approval (whether before or after the giving of the direction) shall be invalid for the purposes of —
a
Part II of the 1988 Act,
b
Part IV of the 1981 Order, and
c
regulation 10.
2
A direction under this regulation may be revoked by the Secretary of State.
3
Notice of a direction under this regulation shall be given to the holder of the EC type approval.
4
If, following a request by the holder, the Secrretary of State refuses to exercise his powers under paragraph (2) in relation to a direction given by him under this regulation, he shall give notice of his decision to the holder.
Conditions for grant of first licence or registration
10
1
Subject to paragraphs (4) to (9), where application is made for a first licence under the Vehicles (Excise) Act 1971 for a light passenger vehicle the licence shall not be granted unless one of the conditions in paragraph (3) is satisfied.
2
Subject to paragraphs (4) to (9), the Secretary of State shall not register a light passenger vehicle under section 19 of the Vehicles (Excise) Act 1971, as applied by regulations under section 23(3)(a) of that Act (as set out in paragraph 20 of Part I of Schedule 7 to that Act) to vehicles in respect of which duty is not chargeable under that Act, unless one of the conditions in paragraph (3) is satisfied.
3
The conditions referred to in paragraphs (1) and (2) are that —
a
it is shown that an EC certificate of conformity has effect with respect to the vehicle, or
b
a Minister’s approval certificate issued under section 58(1) of the 1988 Act has effect with respect to the vehicle.
4
Paragraphs (1) and (2) shall not apply before 1st January 1998 in relation to a vehicle which —
a
conforms with a type vehicle in respect of which a national type approval certificate was issued before 1st January 1996,
b
conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 Act before 1st January 1996, or
c
belongs to the same type as a vehicle registered under section 19 of the Vehicles (Excise) Act 1971 before 1st January 1996.
5
Paragraphs (1) and (2) shall not apply at any time before 1st January 1998 in relation to a vehicle belonging to a type of vehicle in respect of which an EC type approval certificate has been issued before 1st January 1996 as an incomplete vehicle.
6
Paragraphs (1) and (2) shall not apply at any time before 1st January 2000 —
a
in relation to a vehicle which falls within paragraph (5) and which —
i
conforms with a type vehicle in respect of which a national type approval certificate was issued before 1st January 1998,
ii
conforms with a vehicle in respect of which a Minister’s approval certificate was issued under section 58(1) of the 1988 Act before 1st January 1998, or
iii
belongs to the same type as a vehicle registered under section 19 of the Vehicles (Excise) Act 1971 before 1st January 1998, or
b
in relation to a vehicle which falls within paragraph (4) and which belongs to a type of vehicle in respect of which an EC type approval certificate has been issued before 1st January 1998 as an incomplete vehicle.
7
For the purposes of paragraphs (4)(a) and (6)(a)(i), a vehicle in respect of which a national certificate of conformity has effect shall be taken to conform with the relevant type vehicle; and for the purposes of paragraphs (4)(b) and (6)(a)(ii) a vehicle in respect of which a Minister’s approval certificate issued under section 58(4) of the 1988 Act has effect shall be taken to conform with the relevant vehicle in respect of which such a certificate was issued under section 58(1) of that Act.
8
For the purposes of paragraphs (4) to (6), a vehicle belongs to a particular type only if it would be treated for the purposes of the Directive as belonging to that type.
9
Paragraphs (1) and (2) shall not apply in relation to —
a
the licensing or registration by a public or local authority of any vehicle intended by that authority to be used by them for the purposes of civil defence (within the meaning of the Civil Defence Act 1948 , or
b
the licensing or registration by a police authority of any vehicle intended to be used for police purposes.
10
Where the Secretary of State, by virtue of this regulation, refuses to grant a first licence for a vehicle, he shall give notice of his decision to the applicant.
11
Where the Secretary of State, by virtue of this regulation, refuses to register a vehicle in respect of which duty is not chargeable under the Vehicles (Excise) Act 1971, he shall give notice of his decision to the person who appears to him to be the keeper of the vehicle.
12
In this regulation —
a
references to a Minister’s approval certificate issued under section 58(1) of the 1988 Act include references to a Department’s approval certificate issued under Article 31A(4) of the 1981 Order, and
b
the reference to a Minister’s approval certificate issued under section 58(4) of that Act includes a reference to a Department’s approval certificate issued under Article 31A(5) of that Order.
13
In this regulation —
“conform” means conform (within the meaning of section 55(3) of the 1988 Act or Article 31A(7) of the 1981 Order) with the relevant aspects of design, construction, equipment and marking (as defined in section 54(6) of that Act or Article 31A(7) of that Order),
“national certificate of conformity” means a certificate of conformity issued under section 57(1) of the 1988 Act or Article 31A(3) of the 1981 Order, and
“national type approval certificate” means a type approval certificate issued under section 55(2) of the 1988 Act or Article 31A(2) of the 1981 Order.
PART IV
MISCELLANEOUS
Forgery, false statements etc
11
1
A person who, with intent to deceive, —
a
forges, alters or uses a document to which this paragraph applies, or
b
lends to, or allows to be used by, any other person a document to which this paragraph applies, or
c
makes or has in his possession any document so closely resembling a document to which this paragraph applies as to be calculated to deceive,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
3
Paragraph (1) applies to an EC type approval certificate or an EC certificate of conformity.
4
A person who, in supplying information or producing documents for the purposes of these Regulations —
a
makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or
b
produces, provides, sends or otherwise makes use of a document which he knows to be false in a material particular or recklessly produces, provides, sends or otherwise makes use of a document which is false in a material particular,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Duty to give reasons etc
12
1
A relevant notice shall specify the reasons for the decision to which it relates, the right to request a review under these Regulations and the time limit for making such a request.
2
In this regulation and regulation 13, “relevant notice” means a notice under —
a
regulation 3(4) or (7),
b
regulation 8(2) or (3),
c
regulation 9(3) or (4), or
d
regulation 10(10) or (11).
Review of decisions
13
1
Where the Secretary of State has given a relevant notice to a person, that person may by notice request the Secretary of State to review the decision to which the relevant notice relates.
2
Such a request must be made by the person within 28 days from the date that he receives the relevant notice.
3
On any review under this regulation the Secretary of State may —
a
hold an inquiry in connection with it, and
b
appoint an assessor for the purpose of assisting him with the review or any such inquiry.
4
Section 180 of the 1988 Act shall apply to an inquiry under this regulation as it applies to an inquiry under that Act.
5
In its application to Northern Ireland by virtue of paragraph (4), section 180 of the 1988 Act shall have efffect as if in paragraph (a) of subsection (2) after the word “Wales” there were inserted the words “or Northern Ireland”.
Service of notices
14
1
Any document required or authorised by virtue of these Regulations to be given to any person by the Secretary of State may be given —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, or
b
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body, or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business.
2
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body,
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership,
and for the purposes of this paragraph this principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
3
If a person to be served by virtue of these Regulations with any document by the Secretary of State has specified to the Secretary of State an address within the United Kingdom other than his proper address (as determined in pursuance of paragraph (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this paragraph and for the purposes of the said section 7 in its application to this regulation.
Provision of testing stations
15
The Secretary of State may provide and maintain stations where examinations of vehicles to which these Regulations apply and of components of such vehicles may be carried out for the purposes of these Regulations and may provide and maintain the apparatus for carrying out such examinations.
Amendments of Acts
16
The amendments set out in Schedule 2 to these Regulations shall have effect.
Amendments and revocations of subordinate legislation
17
1
Part I of Schedule 2 to the 1980 Regulations is hereby revoked.
2
Part I of Schedule 3 to the 1987 Regulations is hereby revoked.
3
The Regulations set out in Schedule 3 to these Regulations (being spent Regulations) are hereby revoked.
Transitional
18
1
An application for EC type approval made under the 1980 Regulations or the 1987 Regulations before the coming into force of these Regulations shall have effect as if it had been made under these Regulations.
2
Nothing in these Regulations shall affect the validity of anything done under the 1980 Regulations or the 1987 Regulations before the coming into force of these Regulations.
3
This regulation does not apply to an application relating to the provisions set out in Part II of Schedule 2 to the 1980 Regulations or Part II of Schedule 3 to the 1987 Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
9th December 1992


type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 and shall come into force as follows —
a
all provisions other than regulation 5 on 16th November 1992;
b
regulation 5 on 4th January 1993.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regula tions 1986 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Hospital In-Patients Regulations ” means the Social Security (Hospital In- Patients) Regulations 1975 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regula tions 1987 ;
“the Persons Abroad Regulations ” means the Social Security Benefit (Persons Abroad) Regulations 1975 ;
“the Statutory Maternity Pay Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 ; and
“the Statutory Sick Pay Regulations ” means the Statutory Sick Pay (General) Regulations 1982 .
PART II
AMENDMENTS OF THE CLAIMS AND PAYMENTS REGULATIONS\
Amendment of the Claims and Payments Regulations
2
The Claims and Payments Regulations shall be amended in accordance with this Part of these Regulations, and in this Part a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in the Claims and Payments Regulations which bears that number.
Amendment of regulation 19
3
In paragraph (2A) of regulation 19 (time for claiming benefit) , for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”.
Amendment of regulation 32
4
In paragraph (1) of regulation 32 (information to be given when obtaining payment of benefit), after the words “in writing” there shall be inserted the words “(unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing)”.
Amendment of regulation 34
5
In regulation 34 (payment to another person on the beneficiary’s behalf), for the words “another person” there shall be substituted the words “another natural person”.
Revocation of regulation 49
6
Regulation 49 (savings) is hereby revoked.
Amendment of Schedule 1
7
In Part I of Schedule 1 (which deals with benefits which may be treated as claimed in addition or in the alternative to that actually claimed) in the entry relating to income support the words “Supplementary benefit,” shall be omitted.
Amendment of Schedule 9
8
1
Schedule 9 (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1, for the definition of “water charges” there shall be substituted the following definition —
“water charges” means charges for water or sewerage under Chapter I of Part V of the Water Industry Act 1991 ;
.
3
In paragraph 3(4)(a) (housing costs), after the words “sums equal to” there shall be inserted the words “or greater than”.
4
In paragraph 4A (hostel payments) —
a
in sub-paragraph (2) the words “or his partner” shall be omitted; and
b
in sub-paragraph (4) for the words “1A and either 5(2) or 5(2A)” there shall be substituted the words “1A, 2, 3 and either 5(1)(b) or 5(2) or 5(2A)”.
5
In paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a)), after sub-paragraph (6) there shall be added the following sub-paragraph —
7
Immediately after the discharge of any arrears of rent to which sub-paragraph (1) applies and in respect of which a determination has been made under sub-paragraph (6) the adjudicating authority may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of regulation 10(3) of the Housing Benefit Regulations in respect of charges for water or service charges for fuel or both, shall be deductible.
.
6
In paragraph 6(4)(a) (fuel costs), after the words “period of 26 weeks” there shall be inserted the words “or such longer period as may be reasonable in the circumstances of the case”.
7
In paragraph 7 (water charges) —
a
in sub-paragraph (2), for the words from “except where” to the end there shall be substituted the words “but only if the authority is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.”; and
b
in sub-paragraph (4), after the words “a period of 26 weeks” there shall be inserted the words “or such longer period as may be reasonable in the circumstances of the case”.
PART III
MISCELLANEOUS AMENDMENTS
Amendment of regulation 1 of the Persons Abroad Regulations
9
In paragraph (2) of regulation 1 of the Persons Abroad Regulations (citation, commencement and interpretation), after the definition of “the Child Benefit Act” there shall be inserted the following definition —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
.
Amendment of regulation 9 of the Persons Abroad Regulations
10
In regulation 9 of the Persons Abroad Regulations (modification of the Act in relation to title to disablement benefit and industrial death benefit), after paragraph (6) there shall be added the following paragraph —
7
A person shall not be disqualified for receiving retirement allowance under paragraph 13 of Schedule 7 to the Contributions and Benefits Act by reason of being absent from Great Britain.
.
Amendment of regulation 2 of the Hospital In-Patients Regulations
11
For paragraph (2) of regulation 2 of the Hospital In-Patients Regulations (interpretation) there shall be substituted the following paragraph —
2
For the purposes of these Regulations, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient —
a
in a hospital or similar institution, under the National Health Service Act 1977 , the National Health Service (Scotland) Act 1978 or the National Health Service and Community Care Act 1990 ; or
b
in a hospital or similar institution maintained or administered by the Defence Council;
and such a person shall for the purposes of sub-paragraph (a) be regarded as being maintained free of charge in a hospital or similar institution unless his accommoda tion and services are provided under section 65 of the National Health Service Act 1977, section 58 of, or paragraph 14 of Schedule 7A to, the National Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990.
.
Amendment of regulation 1 of the Statutory Maternity Pay Regulations
12
In paragraph (2) of regulation 1 of the Statutory Maternity Pay Regulations (citation, commencement and interpretation), after the definition of “the 1986 Act” there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992.
.
Amendment of regulation 20 of the Statutory Maternity Pay Regulations
13
1
Regulation 20 of the Statutory Maternity Pay Regulations (meaning of “earnings”) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (1) shall be omitted.
3
For paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of section 171(4) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a woman’s employment except any payment or amount which is excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979 .
.
4
Paragraphs (3), (5) and (6) shall be omitted.
Amendment of regulation 1 of the Statutory Sick Pay Regulations
14
In paragraph (2) of regulation 1 of the Statutory Sick Pay Regulations (citation, commencement and interpretation), after the definition of “the Act” there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
.
Amendment of regulation 17 of the Statutory Sick Pay Regulations
15
1
Regulation 17 of the Statutory Sick Pay Regulations (meaning of “earnings”) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (1) shall be omitted.
3
For paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of section 163(2) of the Contributions and Benefits Act, the expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person’s employment except any payment or amount which is excluded from the computation of a person’s earnings under regulation 19 or 19B of the Social Security (Contributions) Regulations 1979.
.
4
Paragraphs (2A), (4) and (5) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
19th October 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Downs) Designation Order 1992 and shall come into force on 5th February 1992.
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;
“chalk downland” means grassland situated on undulating chalk hills;
“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, chalk downland and rough grazing;
“river valley grassland” means grassland other than chalk downland situated within a river valley;
“strip” means a strip of land at least 6 metres wide located at the edge of a field used for the production of arable crops.
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 South Downs in the Counties of Hampshire and East and West Sussex which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of South Downs environmentally sensitive area” dated 13th January 1992 signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW 1P 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 forthwith 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 there of as the Minister may specify;
b
any question arising under an 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
The Minister shall make payments under an agreement at the rate of £40 per annum for each hectare of grassland to which the agreement relates.
2
Where an agreement includes the additional provisions set out in one or more of the options contained in Schedule 2, the Minister shall make payments at the rate per annum for each hectare of land which under the agreement is subject to those provisions shown in the following table–
Option £ per hectare of land per annum
1 240 2 200 3 60
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 3, the Minister shall make payments according to the operations which are carried out 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 (South Downs) Designation Order 1986 and the Environmentally Sensitive Areas (South Downs — Western Extension) Designation Order 1987 are hereby revoked, except that the provisions of those Orders shall continue to apply to agreements made in relation to them on or before 31st December 1991.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
We consent
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 1992


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Carriage of Dangerous Goods and Substances) (Amendment) Regulations 1992 and shall come into force on 31st May 1992.
Amendments to the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992
2
The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 shall be amended in accordance with Part I of the Schedule to these Regulations.
Amendments to the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992
3
The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 shall be amended in accordance with Part II of the Schedule to these Regulations.
Amendments to the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992
4
The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 shall be amended in accordance with Part III of the Schedule to these Regulations.
Signed by Authority of the Secretary of State for Transport.
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
21st May 1992


text:
Citation and commencement
1
This Order may be cited as the Rating Lists (Valuation Date) Order 1992 and shall come into force on 4th August 1992.
Valuation Date
2
1st April 1993 is specified under paragraph 2(3)(b) of Schedule 6 to the Local Government Finance Act 1988 as the day by reference to which a determination of rateable value is to be made for the purposes of compiling a local or central non-domestic rating list to be compiled on 1st April 1995.
Revocation
3
The Rating Lists (Valuation Date) Order 1988 is revoked.
Michael Howard
Secretary of State for the Environment
6th July 1992
David Hunt
Secretary of State for Wales
6th July 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1992 and shall come into force on 1st July 1992.
2
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.
3
In paragraph (1) of regulation 2 (Interpretation), after the definition of “the 1989 Act”and before the definition of “existing licence”there shall be inserted the following —
“appropriate driving test”has the same meaning as in section 36 of the Road Traffic Offenders Act 1988 ;
4
After regulation 12 (Obligatory revocation of large goods vehicle drivers' licences and disqualification on revocation) and before regulation 13 (Removal of disqualification) there shall be inserted the following regulation —
Applicants for and holders of a licence who are disqualified by order of a court
12A
1
Where a person who is disqualified by order of a court until he passes the appropriate driving test passes such a test on a vehicle included in category B, C1 or D1 the disqualification shall be deemed to have expired in relation to all vehicles included in category C, C plus E, D and D plus E.
2
Subject to paragraphs (3) to (5), where a person’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 (Effect of disqualification by order of a court) the Secretary of State may —
a
order that person to be disqualified indefinitely or for such period as the Secretary of State thinks fit under section 117(2)(a) of the 1988 Act; or
b
except where the licence treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 is a provisional licence, if it appears to the Secretary of State that, owing to the conduct of the person, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes the test prescribed under regulation 17 for large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test under section 117(2)(b) of the 1988 Act.
3
Where a person’s licence is treated as revoked by virtue of section 37(1) of the Road Traffic Offenders Act 1988 and the Secretary of State would have been required to revoke that person’s licence under section 115(1)(a) of the 1988 Act had he not been disqualified by order of a court, the Secretary of State must order that person to be disqualified indefinitely or for a period under section 117(1) of the 1988 Act.
4
The cases in which a person to whom paragraph (3) applies must be disqualified indefinitely or for a period shall be determined by the Secretary of State.
5
Where the Secretary of State determines that a person to whom paragraph (3) applies is to be disqualified for a period that person shall be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.
Signed by authority of the Secretary of State for Transport.
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th June 1992


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1992 and shall come into force on 1st April 1992.
Application and effect
2
This Order applies to all school teachers (as defined in the School Teachers' Pay and Conditions Act 1991) in England and Wales and gives effect without any material modification to recommendations of the review body.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “The School Teachers' Pay and Conditions Document 1992” shall have effect —
a
as regards the rates of London Area allowances set out in paragraph 18(1) of the said Document, from 1st July 1991;
b
as regards all other provisions, from 1st April 1992.
Kenneth Clarke
Secretary of State for Education and Science
11th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Mortgage Costs) Order 1992 and shall come into force on 17th August 1992.
2
In this Order “ the Act ” means the Housing Act 1985.
Specified Amount
2
The amount of £100 is specified as the maximum amount which may be charged under section 178(2) of the Act in respect of the costs incurred in connection with a tenant’s right to a mortgage or right to further advances.
Revocation and saving
3
1
Subject to paragraph (2) below, the Housing (Right to Buy) (Mortgage Costs) Order 1980 is hereby revoked.
2
That Order shall continue to apply in any case where a tenant’s notice under section 134 of the Act claiming to exercise the right to a mortgage or a tenant’s notice mentioned in paragraph 1(2) of Schedule 9 to the Act claiming to exercise the right to a further advance was served before 17th August 1992.
3
For the purposes of paragraph (2) above, no account shall be taken of any steps taken under section 177 of the Act (errors and omissions in notices).
Michael Howard
Secretary of State for the Environment
15th July 1992
David Hunt
Secretary of State for Wales
15th July 1992


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1992 and shall come into force on 9th March 1992.
2
The Export of Goods (Control) Order 1991 shall be amended as follows —
a
for head (c) in entry PL 5001 in Group 1 in Part II of Schedule 1, there shall be substituted the following —
c
Leg-irons, shackles (excluding any pair of handcuffs the maximum dimension of which when locked does not exceed 240mm) and gangchains, specially designed for restraining human beings C
; and
b
in Schedule 2 —
i
after “Albania” there shall be inserted —
Armenia
Azerbaijan
Belarus
;
ii
for “Czech and Slovak Republic” there shall be substituted —
Czech and Slovak Federal Republic
Estonia
Georgia
;
iii
after “Hungary” there shall be inserted —
Kazakhstan
Kirgizstan
Latvia
Lithuania
Moldova
;
iv
after “Romania” there shall be inserted —
“Russian Federation”; and
v
for “Union of Soviet Socialist Republics” there shall be substituted —
Tajikistan
Turkmenistan
Ukraine
Uzbekistan
.
M. Coolican
An Assistant Secretary,
Department of Trade and Industry
6th March 1992


text:
Citation and commencement
1
This Order may be cited as the Food Safety Act 1990 (Consequential Modifications) (Local Enactments) Order 1992 and shall come into force on 3rd April 1992.
Modifications to the Stoke on Trent Corporation Act 1935 and the Staffordshire Act 1983
2
—
1
In the Stoke on Trent Corporation Act 1935 section 68, and the reference in section 116 to Part VI of that Act, shall cease to have effect.
2
In the Staffordshire Act 1983 section 41 (which modifies section 68(b) of the Stoke on Trent Corporation Act 1935) and Schedule 2 (which sets out that section as so modified) shall cease to have effect.
Modification to the Essex County Council Act 1952
3
In the Essex County Council Act 1952 section 103 shall cease to have effect.
Modifications to the West Midlands County Council Act 1980
4
In the West Midlands County Council Act 1980 section 34, and the references to that section in section 116(2) and section 117(2), shall cease to have effect.
Modifications to the Cheshire County Council Act 1980
5
In the Cheshire County Council Act 1980 section 22, and the references to that section in sections 108(2) and 109(2), shall cease to have effect.
Modifications to the South Yorkshire Act 1980
6
In the South Yorkshire Act 1980 section 20, and the references to that section in sections 105(2) and 106(2), shall cease to have effect.
Modifications to the Greater Manchester Act 1981
7
In the Greater Manchester Act 1981 sections 31 and 51 shall cease to have effect, and the reference to section 31 in section 179(2), and the references to sections 31 and 51 in section 180(2), shall cease to have effect.
Modifications to the County of Kent Act 1981
8
—
1
The County of Kent Act 1981 shall be modified in accordance with the provisions of this article.
2
Sections 21 and 22 shall cease to have effect.
3
In section 128(2) the references to section 21 and paragraph (a) of subsection (1) of section 22, and in section 129(2) the references to sections 21 and 22, shall cease to have effect.
Modifications to the East Sussex Act 1981
9
In the East Sussex Act 1981 section 25, and the reference to that section in section 102(2), shall cease to have effect.
Modifications to the Derbyshire Act 1981
10
In the Derbyshire Act 1981 section 20, and the references to that section in section 63(2) of, and in Schedule 4 to, that Act shall cease to have effect.
Modifications to the Humberside Act 1982
11
In the Humberside Act 1982 the following shall cease to have effect —
a
section 74;
b
the references in section 94(2) to section 74(1)(a), and in section 95(2) to section 74.
Modifications to the County of Avon Act 1982
12
In the County of Avon Act 1982 section 22, and the references to that section in sections 58(2) and 59(2), shall cease to have effect.
Modifications to the Cumbria Act 1982
13
In the Cumbria Act 1982 the following shall cease to have effect —
a
the definition of “food ” in section 2(1);
b
section 13, and the references to that section in sections 63(2) and 64(2).
Modifications to the Hampshire Act 1983
14
In the Hampshire Act 1983 the definition of “food ” in section 2(1), and section 5, shall cease to have effect.
Modifications to the Leicestershire Act 1985
15
In the Leicestershire Act 1985 section 22, and the reference to that section in section 106(2), shall cease to have effect.
Modifications to the Oxfordshire Act 1985
16
In the Oxfordshire Act 1985 section 18, and the reference to that section in section 46(2), shall cease to have effect.
Modification to the Worcester City Council Act 1985
17
In the Worcester City Council Act 1985 section 35 shall cease to have effect.
Modification to the Berkshire Act 1986
18
In the Berkshire Act 1986 section 20 shall cease to have effect.
Repeals and revocation
19
—
1
The enactments specified in column 1 of the Schedule to this Order are repealed to the extent specified in column 2 of the Schedule.
2
In Schedules 1 and 3 to the Local Law (North East London Boroughs) Order 1965 , in the entries relating to the Essex County Council Act 1952, the words “Section 103 ” shall be omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd January 1992.
John Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
23rd January 1992
David Hunt
Secretary of State for Wales
23rd January 1992


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Computation of Earnings) Amendment Regulations 1992 and shall come into force on 18th March 1992.
Amendment of regulation 3 of the Social Security Benefit (Computation of Earnings) Regulations 1978
2
In regulation 3 of the Social Security (Computation of Earnings) Regulations 1978 (payments to be disregarded)
a
in paragraph (3) after the words “For the purposes of” there shall be inserted the words “regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed) and”;
b
after paragraph (4) there shall be inserted the following paragraphs —
4A
For the purposes of regulation 7(1)(g)(i) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 there shall be disregarded any payment made to a councillor by way of a basic allowance or special responsibility allowance payable by virtue of regulations made under section 18(1) of the Local Government and Housing Act 1989 .
4B
In paragraph (4A) above “councillor” has the same meaning as in paragraph 2(6) of Schedule 8 to the Social Security Act 1989 .
.
Signed by authority of the Secretary of State for Social Security.
Michael Jack
Parliamentary Under-Secretary of State,
Department of Social Security
18th February 1992


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1992 and shall come into force on 1st January 1993.
Interpretation
2
In this Order —
“declared for relief” has the meaning assigned to it by article 8 below;
“household effects” means furnishings and equipment for personal household use;
“motor vehicle” shall include a trailer;
“normal residence” means a person’s principal place of abode situated in the country where he is normally resident;
“normally resident” has the meaning assigned to it by article 3 below;
“occupational ties” shall not include attendance by a pupil or student at a school, college or university;
“personal ties” shall mean family or social ties to which a person devotes most of his time not devoted to occupational ties;
“property” means any personal property intended for personal use or for meeting household needs and shall include household effects, household provisions, household pets and riding animals, cycles, motor vehicles, caravans, pleasure boats and private aircraft, provided that there shall be excluded any goods which, by their nature or quantity, indicate that they are being imported for a commercial purpose;
“third country”, shall have the meaning given by Article 3.1 of Council Directive 77/388/ EEC ;
“used”, in relation to a person’s use of consumable property, shall include having the property at his disposal.
Rules for determining where a person is normally resident
3
1
This article shall apply for the purpose of determining, in relation to this Order, where a person is normally resident.
2
A person shall be treated as being normally resident in the country where he usually lives —
a
for a period of, or periods together amounting to, at least 185 days in a period of twelve months;
b
because of his occupational ties; and
c
because of his personal ties.
3
In the case of a person with no occupational ties, paragraph (2) above shall apply with the omission of sub-paragraph (b), provided his personal ties show close links with that country.
4
Where a person has his occupational ties in one country and his personal ties in another country, he shall be treated as being normally resident in the latter country provided that either —
a
his stay in the former country is in order to carry out a task of a definite duration, or
b
he returns regularly to the country where he has his personal ties.
5
Notwithstanding paragraph (4) above, a United Kingdom citizen whose personal ties are in the United Kingdom but whose occupational ties are in a third country may for the purposes of relief under this Order be treated as normally resident in the country of his occupational ties, provided he has lived there for a period of, or periods together amounting to, at least 185 days in a period of twelve months.
Supplementary
4
For the purposes of this Order —
a
any reference to a person who has been normally resident in a third country and who intends to become normally resident in the United Kingdom shall be taken as a reference to a person who intends to comply with the requirements of paragraphs (2), (3) or (4) of article 3 above, as the case may be, for being treated as normally resident in the United Kingdom;
b
the date on which a person becomes normally resident in the United Kingdom shall be the date when having given up his normal residence in a third country he is in the United Kingdom for the purpose of fulfilling such intention as is mentioned in paragraph (a) above.
PART II
PROVISIONS COMMON TO CERTAIN REFIEFS
Property may be in separate consignments
5
Except as otherwise provided by this Order, where property in respect of which relief is afforded is permitted to be imported over a period it may be imported in more than one consignment during such period.
Condition as to security for certain importations
6
Where any goods are declared for relief under this Order —
a
before the date on which a person becomes normally resident in the United Kingdom, or
b
if he intends to become so resident on the occasion of his marriage before such marriage has taken place,
the relief shall be subject to the condition that there is furnished to the Commissioners such security as they may require.
Restriction on disposal without authorisation
7
1
Except as provided by or under this Order, where relief is afforded under any Part of this Order, it shall be a condition of the relief that the goods are not lent, hired-out, given as security or transferred in the United Kingdom within a period of twelve months from the date on which relief was afforded, unless such disposal is authorised by the Commissioners.
2
Where the Commissioners aut horise any such disposal as is mentioned in paragraph (1) above, they may discharge the relief and the person to whom the relief was afforded shall forthwith pay tax at the rate then in force, provided that where a lower rate was in force when relief was afforded the amount payable shall be determined by reference to the lower rate.
PART III
PROVISIONS COMMON TO ALL RELIEFS
Goods to be declared for relief
8
1
A person shall not be entitled to relief from payment of duty or tax in respect of any goods under any Part of this Order unless the goods are declared for relief to the proper officer.
2
For the purposes of this Order, the expression “declared for relief” shall refer to the act by which a person applies for relief on importation of the goods or on their removal from another customs procedure and includes, as the case may be, any declaration under section 78 of the Customs and Excise Management Act 1979 , or any entry under the Postal Packets (Customs and Excise) Regulations 1986 , the Excise Warehousing (Etc.) Regulations 1988 , or regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 , or any entry required by Article 40 of Commission Regulation (EEC) No. 2561/90 .
Fulfillment of intention to be a condition
9
Where relief from payment of duty or tax is afforded under any Part of this Order subject to a specified intention on the part of a person in relation to his becoming normally resident in the United Kingdom, or the use of the goods in respect of which relief is afforded, it shall be a condition of the relief that such intention be fulfilled.
Enforcement
10
Where relief from payment of duty or tax has been afforded under any Part of this Order and subsequently the Commissioners are not satisfied that any condition subject to which such relief was afforded has been complied with, then, unless the Commissioners sanction the non-compliance, the duty or tax shall become payable forthwith by the person to whom relief was afforded (except to the extent that the Commissioners may see fit to waive payment of the whole or any part thereof) and the goods shall be liable to forfeiture.
PART IV
PERSONS TRANSFERRING THEIR NORMAL RESIDENCE FROM A THIRD COUNTRY
11
1
Subject to the provisions of this Part, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable in respect of property imported into the United Kingdom on condition that —
a
he has been normally resident in a third country for a continuous period of at least twelve months;
b
he intends to become normally resident in the United Kingdom;
c
the property has been in his possession and used by him in the country where he has been normally resident, for a period of at least six months before its importation;
d
the property is intended for his personal or household use in the United Kingdom; and
e
the property is declared for relief -
i
not earlier than six months before the date on which he becomes normally resident in the United Kingdom, and
ii
not later than twelve months following that date.
2
A person shall not be afforded relief under this Part unless the Commissioners are satisfied that the goods have borne, in their country of origin or exportation, the customs or other duties and taxes to which goods of that class or description are normally liable and that such goods have not, by reason of their exportation, been subject to any exemption from, or refund of, such duties and taxes as aforesaid, or any turnover tax, excise duty or other consumption tax.
3
For the purposes of this Part, “property” shall not include —
a
beverages containing alcohol;
b
tobacco products;
c
any motor road vehicle which by its type of construction and equipment is designed for and capable of transporting more than nine persons including the driver, or goods, or any special purpose vehicle or mobile workshop; and
d
articles for use in the exercise of a trade or profession, other than portable instruments of the applied or liberal arts.
Supplementary
12
Where the Commissioners are satisfied that a person has given up his normal residence in a third country but is prevented by occupational ties from becoming normally resident in the United Kingdom immediately, they may allow property to be declared for relief earlier than as prescribed in article 11(1)(e)(i) above, subject to such conditions and restrictions as they think fit.
PART V
ADDITIONAL RELIEF FOR PROPERTY IMPORTED ON MARRIAGE FROM A THIRD COUNTRY
Relief
13
1
Subject to the provisions of this article, in addition to the relief afforded by Part IV, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable in respect of property imported into the United Kingdom on condition that —
a
he has been normally resident in a third country for a continuous period of at least twelve months;
b
he intends to become normally resident in the United Kingdom on the occasion of his marriage; and
c
the property is declared for relief within the period provided by article 15 below.
2
In this article “property” shall be limited to household effects and trousseaux, other than tobacco products and beverages containing alcohol.
Wedding gifts
14
1
Subject to the provisions of this article, a person to whom article 13(1) above applies shall not be required to pay any duty or tax chargeable in respect of any wedding gift imported into the United Kingdom by him or on his behalf on condition that such wedding gift is —
a
given or intended to be given to him on the occasion of his marriage by a person who is normally resident in a third country;
b
declared for relief within the period provided by article 15 below.
2
Relief shall not be afforded under this article in respect of any wedding gift the value of which exceeds £800.
3
For the purpose of affording relief from any duty or tax under this article, a wedding gift shall be treated as if it were liable to Community customs duty and valued in accordance with the rules applicable to such duty.
4
In this article “wedding gift” means any property customarily given on the occasion of a marriage, other than tobacco products or beverages containing alcohol.
Time limit for relief
15
The property to which this Part applies shall be declared for relief —
a
not earlier than two months before the date fixed for the solemnisation of the marriage; and
b
not later than four months following the date of the marriage.
PART VI
PUPILS AND STUDENTS
Relief for scholastic equipment
16
1
Without prejudice to relief afforded under any other Part of this Order and subject to the provisions of this article, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable in respect of scholastic equipment imported into the United Kingdom on condition that —
a
he is a pupil or student normally resident in a third country who has been accepted to attend a full-time course at a school, college or university in the United Kingdom; and
b
such equipment belongs to him and is intended for his personal use during the period of his studies.
2
For the purposes of this article, “scholastic equipment” shall mean household effects which represent the normal furnishings for the room of a pupil or student, clothing, uniforms, and articles or instruments normally used by pupils or students for the purpose of their studies, including calculators or typewriters.
3
The provisions of article 7 above shall not apply to relief afforded under this Part.
PART VII
HONORARY DECORATIONS, AWARDS AND GOODWILL GIFTS
Relief for honorary decorations and awards
17
Subject to article 20 below, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable on the importation into the United Kingdom of any goods on condition that —
a
he is normally resident in the United Kingdom; and
b
such goods comprise —
i
any honorary decoration which has been conferred on him by a government in a third country or
ii
any cup, medal or similar article of an essentially symbolic nature which has been awarded to him in a third country as a tribute to his activities in the arts, sciences, sport, or the public service, or in recognition of merit at a particular event.
Relief for gifts received by official visitors in a third country
18
Subject to article 20 below, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable on the importation into the United Kingdom of any goods on condition that —
a
he is normally resident in the United Kingdom;
b
he is returning from an official visit to a third country;
c
the goods were given to him by the host authorities of such country on the occasion of his visit; and
d
the goods are not intended for a commercial purpose.
Relief for gifts brought by official visitors
19
Subject to article 20 below, a person entering the United Kingdom shall not be required to pay any duty or tax chargeable on the importation into the United Kingdom of any goods on condition that —
a
he is normally resident in a third country;
b
he is paying an official visit to the United Kingdom;
c
the goods are in the nature of an occasional gift which he intends to offer to the host authorities during his visit; and
d
the goods are not intended for a commercial purpose.
Supplementary
20
1
Part II shall not apply to relief afforded under this Part.
2
No relief shall be afforded under this Part in respect of beverages containing alcohol, tobacco products or importations having a commercial character.
PART VIII
PERSONAL PROPERTY ACQUIRED BY INHERITANCE
Relief for legacies imported from a third country
21
1
Without prejudice to relief afforded under any other Part of this Order and subject to the provisions of this article, a person who has become entitled as a legatee to property situated in a third country shall not be required to pay any duty or tax chargeable on the importation thereof into the United Kingdom, on condition that —
a
he is either —
i
normally resident in the United Kingdom or the Isle of Man; or
ii
a secondary resident who is not normally resident in a third country; or
iii
an eligible body;
b
he furnishes proof to the officer of his entitlement as legatee to the property; and
c
save as the Commissioners otherwise allow, the property is imported by or for such person not later than two years from the date on which his entitlement as legatee is finally determined.
2
No relief shall be afforded under paragraph (1) above in respect of goods specified in the Schedule to this Order.
3
For the purposes of this Part —
“eligible body” means a body solely concerned with carrying on a non-profit making activity and which is incorporated in the United Kingdom or the Isle of Man;
“secondary resident” means a person who, without being normally resident in the United Kingdom or the Isle of Man has a home situated in the United Kingdom which he owns or is renting for at least twelve months.
PART IX
REVOCATION
22
The following statutory instruments are revoked —
The Customs and Excise Duties (Reliefs for Goods Permanently Imported) Order 1983 ;
The Customs and Excise Duties (Relief for Imported Legacies Order 1984) ;
The Customs and Excise Duties (Relief for Imported Legacies) Order 1984 (Amendment) Order 1985 ;
The Customs and Excise Duties (Reliefs for Goods Permanently Imported) (Amendment) Order 1991 . New King’s Beam House 22 Upper Ground London SE1 9PJ M.J. Eland 16th December 1992 Commissioner of Customs and Excise


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Fourth Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
Regulation 4(1) of the Civil Aviation (Joint Financing) Regulations 1988 shall be amended by substituting respectively for the sums £28.96, £8.72 and £20.24 the sums £43.65, £10.43 and £33.22.
3
For regulation 15 thereof there shall be substituted the following regulation —
Disposal by the CAA of charges received under the Regulations
15
1
Subject to paragraphs (2) and (3) of this regulation, the CAA shall remit to the Governments of Denmark and Iceland such sums as it may receive under these Regulations in respect of air navigation services provided respectively by those Governments.
2
The CAA shall deduct from the sums so received a sum of 2% thereof and shall remit this sum to the International Civil Aviation Organisation in respect of air navigation services provided by that Organisation.
3
The CAA may deduct from the sums so received and may retain as a fee a sum not exceeding 5% thereof.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
26th November 1992
We consent to the making of these Regulations.
Greg Knight
Timothy Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1992


text:
1
These Rules may be cited as the Design Right (Proceedings before Comptroller) (Amendment) Rules 1992 and shall come into force on 11th May 1992.
2
The Design Right (Proceedings before Comptroller) Rules 1989 are amended by substituting for Schedule 2 there to the Schedule set out in the Schedule to these Rules.
Reay
Parliamentary Under-Secretary of State,
Department of Trade and Industry
6th March 1992
We consent to the fees prescribed in these Rules.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lothian National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Lothian 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 St John’s Hospital, Livingston, Bangour Village Hospital, Dechmont, Tippethill Hospital, Armadale Station, West Lothian and St Michael’s Hospital, Linlithgow, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of the 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 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Lothian Health Board shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Lothian Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Lothian Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State,
Scottish Office St Andrew’s House,
Edinburgh
22nd December 1992


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1992 and shall come into force on 18th December 1992.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
12th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hampshire, Loddon Community National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Hampshire, Loddon Community 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 Hampshire, Loddon Community 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 Clock Tower House, Park Prewett, Aldermaston Road, Basingstoke, Hampshire RG24 9LZ and associated hospitals;
b
to manage community health services provided from Clock Tower House, Park Prewett, Aldermaston Road, Basingstoke, Hampshire RG24 9LZ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Basingstoke and North Hampshire 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 Basingstoke and North Hampshire 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 Basingstoke and North Hampshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Education (Crewe and Alsager College of Higher Education Higher Education Corporation) (Dissolution) Order 1992 and shall come into force on 1st October 1992.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the Corporation” means Crewe and Alsager College of Higher Education Higher Education Corporation.
3
1
The Corporation is dissolved.
2
The property, rights and liabilities of the Corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in Manchester Polytechnic Higher Education Corporation.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st October 1992 by the Corporation to work solely at the institution conducted by the Corporation as if the references in that section —
a
to the transfer date were to 1st October 1992;
b
to the transferor authority were to the Corporation; and
c
to the corporation were to Manchester Polytechnic Higher Education Corporation.
John Patten
Secretary of State for Education
3rd September 1992


text:
Title and commencement
1
These Regulations may be cited as the Tin in Food Regulations 1992 and shall come into force on 9th April 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires, “ the Act ” means the Food Safety Act 1990.
Scope
3
1
These Regulations do not apply to any food–
a
which is not intended for sale for human consumption; or
b
which is supplied for consumption by a visiting force; or
c
which is supplied by the service authorities of a visiting force to–
i
a headquarters,
ii
members of such a force or headquarters, or
iii
property held or used by such force or headquarters.
2
For the purposes of paragraph (1) above–
a
“visiting force” (for the purpose of sub-paragraph (b)) and “service authority” (for the purpose of sub-paragraph (c)) shall have the meanings assigned to them, for the purposes of any provision in Part I of the Visiting Forces Act 1952 , by section 12 of that Act;
b
“visiting force” and “headquarters” shall for the purpose of sub-paragraph (c) have the meanings assigned to them by article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 .
Sale, etc. of food containing tin
4
No person shall sell, or import into Great Britain, any food containing a level of tin exceeding 200 milligrams per kilogram of such food.
Penalties and enforcement
5
1
If any person contravenes or fails to comply with the foregoing provision of these Regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to the following provisions of this regulation, each food authority shall enforce within its area the provisions of these Regulations.
3
Each port health authority shall enforce within its district the provisions of these Regulations.
4
In this regulation “food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Defences
6
In any proceedings for an offence against these Regulations it shall be a defence for the person charged to prove that the food, in respect of which the offence is alleged to have been committed–
a
was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence;
b
was prepared and labelled for sale before 9th April 1992; or
c
was imported before 9th April 1992.
Application of various provisions of the Food Safety Act 1990
7
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations–
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
section 36 (offences by bodies corporate);
g
section 58(1) (which relates to territorial waters).
2
Section 8(3) (which makes presumptions in the case of batches etc. of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
3
Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it were an offence to sell under them were food which failed to comply with food safety requirements.
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
4th March 1992.
Signed by authority of the Secretary of State for Health:
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of health
4th March 1992
David Hunt
Secretary of State for Wales
4th March 1992
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
4th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Hertfordshire Health NationalHealth Service Trust (Change of Name) Order 1992 and shall come intoforce on 26th August 1992.
2
In this Order unless the context otherwise requires —
“ The Order ” means the East Hertfordshire Health National Health Service Trust(Establishment) Order 1991 ; and
“ The trust ” means the East Hertfordshire Health National Health Service Trustestablished by the Order .
Change of name of NHS trust
2
The trust shall be called the East Hertfordshire National HealthService Trust instead of the East Hertfordshire Health National HealthService Trust and accordingly in the definition of “ the trust ” in Article 1(2) and in Article 2 of the Order the word “Health” shall be deleted where it occurs after the word “Hertfordshire”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on orafter the day on which this Order comes into force) which refers to thetrust by its previous name,
and all documents and instruments which refer to the trust under itsprevious name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
19th August 1992


text:
Citation and commencement
1
1
This Order may be cited as the Manchester Ship Canal Harbour Revision Order 1992 and shall come into force on 19th May 1992.
2
The Manchester Ship Canal Acts and Orders 1885 to 1990 and this Order may be cited together as the Manchester Ship Canal Acts and Orders 1885 to 1992.
Interpretation
2
In this Order:
“the canal” means the Manchester Ship Canal;
“the Company” means the Manchester Ship Canal Company;
“the directors” means the directors of the Company.
Relief from obligation to open Trafford Road bridge
3
1
For the purposes of this article “the bridge” means the bridge across the canal known as Trafford Road bridge, being part of Work E authorised by section 6 (Power to make works &c.) of the Manchester Ship Canal (Alteration of Works) Act 1888 ;
2
Notwithstanding anything in the Manchester Ship Canal Act 1885 or the Manchester Ship Canal (Alteration of Works) Act 1888 the Company may with effect from such date as the directors may by resolution determine close the bridge permanently and thereafter the Company shall cease to be under any obligation to maintain the bridge other than as a fixed bridge with a minimum soffit level of 26.45 metres above ordnance datum (Newlyn).
3
The enactments specified in the Schedule to this Order shall be repealed on the date determined by the directors for the purposes of paragraph (2) of this article to the extent specified in the third column of that Schedule.
4
Within one month of the passing of a resolution under paragraph (2) of this article the Company shall give notice of the effect of the resolution by advertisement in such local newspaper as they may deem expedient for causing the resolution to be made known to persons affected thereby.
Power to make agreements with highway authority
4
The Company and a highway authority may enter into, and carry into effect, agreements —
a
for the transfer to, and vesting in, the highway authority or in two highway authorities jointly, on such terms as may be agreed, of any bridge owned by the Company which crosses the canal or any highway carried by the bridge or any approaches to the bridge for the maintenance of which the Company are responsible, together with all or any of the rights and obligations of the Company in relation to the bridge or to such highway or approaches, notwithstanding that the bridge was constructed under statutory powers;
b
for the transfer to the highway authority or to two highway authorities jointly, on such terms as may be agreed, of the responsibility for the reconstruction, improvement, maintenance or operation of such a bridge or for the improvement or maintenance of any highway carried by the bridge or of any approaches to it on such terms as may be agreed.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
18th May 1992


text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment OrDer 1992 and shall come into force on 1st January 1993.
Amendment
2
1
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended as follows.
2
In article 2(1) (interpretation), there shall be inserted the following definition:
“veterinary written direction” means a written direction given by a veterinary surgeon or veterinary practitioner in accordance with regulation 7 of the Medicines (Medicated Animal Feeding Stuffs) (No.2) Regulations 1992 ;
.
3
In article 5 (Register of Merchants) —
a
paragraph (7) shall be omitted, and
b
in paragraphs (8)(a), (10) and (11) for the words “the fee specified in paragraph (7)(a) above”, “the fee specified in paragraph (7)(b) above” and “the fee specified in paragraph (7)(c) above” respectively, there shall be substituted in each place the words “the appropriate fee”.
4
In article 6 (exemptions for merchants in intermediate feed), for paragraph (1) there shall be substituted the following paragraph:
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the placing on the market of any intermediate feed by the holder of a product licence in respect of that intermediate feed, by a specially authorised person or by a person entered in the Register of Merchants as a Category 1 or 2 merchant subject to the following conditions:
a
the intermediate feed has been manufactured in accordance with —
i
the Medicines (Medicated Animal Feeding Stuffs) (No.2) Regulations 1992, and
ii
any undertaking given in respect of the relevant Code of Practice pursuant to regulation 3(7)(a)(ii) or 3(7)(b)(ii) of those Regulations;
b
the intermediate feed contains only a veterinary drug specified in the second column of either Schedule 2 or Schedule 3; and
c
the further conditions contained in paragraphs (2) and (6) below and article 7 are complied with.
.
5
In article 8 (Register of Merchants) —
a
paragraph (7) shall be omitted, and
b
in paragraphs (8)(a), (10) and (11) for the words “the fee specified in paragraph (7)(a) above”, “the fee specified in paragraph (7)(b) above” and “the fee specified in paragraph (7)(c)above” respectively, there shall be substituted in each place the words “the appropriate fee”.
6
In article 12 (Register of Merchants) —
a
paragraph (7) shall be omitted, and
b
in paragraphs (8)(a), (10) and (11) for the words “the fee specified in paragraph (7)(a) above”, “the fee specified in paragraph (7)(b) above” and “the fee specified in paragraph (7)(c) above” respectively, there shall be substituted in each place the words “the appropriate fee”.
7
After article 15 there shall be added the following new article —
Fees
16
The applicant for registration, retention or restoration of his name to a register kept under this Order shall pay to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in Schedule 5 in relation to that application.
.
8
For Schedules 1 to 4 there shall be substituted the Schedules numbered 1 to 4 set out in Schedule 1 to this Order.
9
After Schedule 4 there shall be added the Schedule set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Health.
Brian Mawhinney
Minister of State,
Department of Health
7th December 1992
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
1st December 1992
David Hunt
Secretary of State for Wales
1st December 1992
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
30th November 1992.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F.A. Elliott
Permanent Secretary
4th December 1992.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W.J. Hodges
Permanent Secretary
3rd December 1992.
We consent,
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
1st December 1992


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1992 and shall come into force on 6th April 1992.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column 1 ofthe Schedule to this Order are hereby designated in relation to the matters specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council