text:
PART I
INTRODUCTORY
Title, extent and commencement
1
These Regulations may be cited as the Fish Health Regulations 1992, shall apply to Great Britain and shall come into force on 1 January 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved farm” means a farm complying, as the case may be, with the requirements of Annex CI, II or III of Directive 91/67/ EEC and approved as such in accordance with Article 6 of that Directive;
“approved storage centre” means a storage centre or purification centre approved by the Minister as meeting the requirements set out in Schedule 5 Part II;
“approved water station” means a water station approved by the Minister as meeting the requirements set out in Schedule 5 Part I;
“approved zone” means a zone complying, as the case may be, with the provisions of Annex BI, II or III of Directive 91/67/EEC and approved as such in accordance with Article 5 of that Directive;
“aquaculture animals” means live fish, crustaceans or molluscs coming from a farm, including those from the wild intended for a farm;
“aquaculture products” means products derived from aquaculture animals, whether intended for farming, such as eggs and gametes, or for human consumption;
“dead fish” includes any part of a dead fish;
“Directive 91/67/EEC ” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products as read with the decisions made under that Directive referred to in Schedule 7;
“eggs” means fertilized ova, including eyed ova and any associated fluid, of fish, crustaceans or molluscs;
“European Inspector” means a Commission veterinary expert acting with regard to Directive 91/67/EEC ;
“farm” means any establishment or, in general, any geographically defined installation in which aquaculture animals are reared or kept with a view to their being placed on the market;
“farmed” in relation to a fish, crustacean or mollusc means a fish, crustacean or mollusc at or from a farm;
“fish, crustaceans or molluscs” means any fish, crustacean or mollusc at any stage of development;
“Form A” means a movement document for live fish, eggs and gametes from an approved zone in the form set out in Directive 91/67/EEC ;
“Form B” means a movement document for live fish, eggs or gametes from an approved farm in the form set out in Directive 91/67/EEC ;
“Form C” means a movement document for molluscs from an approved coastal zone in the form set out in Directive 91/67/EEC ;
“Form D” means a movement document for molluscs from an approved farm in the form set out in Directive 91/67/EEC ;
“Form E” means a movement document for live farmed fish, molluscs and crustaceans, their eggs and gametes referred to in Article 14 paragraph 1 of Directive 91/67/EEC in the form set out in Directive 91/67/EEC ;
“Form F” means a movement document for live wild fish, molluscs or crustaceans, their eggs or gametes referred to in Article 14 paragraph 2 of Directive 91/67/EEC in the form set out in Directive 91/67/EEC ;
“gametes” means sperm or unfertilized ova and any associated fluid of fish, crustaceans or molluscs;
“Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;
“health inspection” means a visit by an official service or services for the purpose of conducting health checks on a farm or zone;
“the Minister” means —
in relation to England, and the territorial waters adjacent to England, the Minister of Agriculture, Fisheries and Food;
in relation to Wales, and the territorial waters adjacent to Wales, the Secretary of State;
in relation to Scotland (including the territorial waters thereof), the Secretary of State;
“movement document” means a document duly completed in the form set out in Directive 91/67/EEC and shall include Form A, Form B, Form C, Form D, Form E and Form F;
“Official Service” means the veterinary service or any other service of equivalent level designated by the competent authority of a Member State or third country and responsible f or carrying out the controls provided for in Directive 91/67/EEC ;
“placing on the market” means holding or displaying for sale, offering for sale, selling, delivering, transferring or any other form of placing on the market in the Community, with the exception of retail sale and `place on the market' shall be construed accordingly;
“premises” includes any place, farm, installation in which aquaculture animals are kept, vehicle, ship, vessel, boat, craft, hovercraft or aircraft;
“veterinary inspector” means a person appointed by the Minister for the purposes of these Regulations;
“wild” in relation to a fish, crustacean or mollusc means any fish, crustacean or mollusc which is not a farmed fish, crustacean or mollusc.
2
Except in regulation 14 of these Regulations, any reference in these Regulations to a numbered regulation or a numbered Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
GENERAL
Placing on the market of aquaculture animals and aquaculture products
3
1
No person shall place on the market —
a
aquaculture animals unless they meet the requirements set out in paragraph (2) below;
b
aquaculture products for breeding purposes unless they originate from aquaculture animals which meet the requirements set out in paragraph (2) below; or
c
aquaculture products for human consumption unless they originate from aquaculture animals which meet the requirements set out in sub-paragraph (2)(a) below.
2
The requirements for aquaculture animals referred to in paragraph (1) above are —
a
where placing on the market involves the loading of aquaculture animals, they shall not show clinical signs of disease on the day of loading;
b
they shall not be intended for destruction or slaughter under a scheme for the eradication of a disease referred to in Annex A of Directive 91/67;
c
they shall not come from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons; and
d
they shall not have been in contact with aquaculture animals from a farm which is subject to a prohibition which has been imposed for aquaculture animal health reasons.
Transportation of aquaculture animals
4
1
No person shall transport aquaculture animals unless the requirements set out in paragraph (2) below are met.
2
The requirements referred to in paragraph (1) above are —
a
the duration of the journey shall be as short as reasonably possible;
b
the means of transport shall have been cleaned and disinfected prior to despatch;
c
if the aquaculture animals are transported overland in water, they shall be transported in such a manner that the water can not escape from the vehicle during transport;
d
all reasonable steps shall be taken to safeguard the health of the aquaculture animals, including, if appropriate, changing the water in which they are transported; and
e
water used in the transport of the aquaculture animals shall only be changed at an approved water station.
Identification of aquaculture animals and aquaculture products
5
1
No person shall despatch aquaculture animals or aquaculture products unless information is provided in accordance with paragraph (2) below which —
a
identifies the consignment;
b
enables the farm of origin or, in the case of aquaculture animals or aquaculture products from the wild, the place of origin to be traced; and
c
enables the contents of the consignment to be linked to the movement document relating to the consignment, where a movement document is required by these Regulations.
2
The information referred to in paragraph (1) above shall be provided on the container for the consignment, on a label fixed to the container or on the movement document.
PART III
MOVEMENT WITHIN THE EUROPEAN ECONOMIC COMMUNITY
Validity of movement documents
6
1
A movement document is not valid unless —
a
it is drawn up at the place of origin of the aquaculture animals or aquaculture products to which it relates by the Official Service of the Member State in which the place of origin is situated;
b
it is in the official language or languages of the place of destination of the aquaculture animals or aquaculture products to which it relates;
c
it is drawn up on a single sheet of paper; and
d
it is made out for a single consignee.
2
A movement document is not valid when —
a
it is drawn up more than 48 hours before the aquaculture animals or aquaculture products to which it relates are loaded for despatch;
b
the movement to which it relates has not been completed within 10 days of its issue; or
c
it is used in relation to aquaculture animals and aquaculture products other than those in respect of which it was issued.
Introduction of live fish, eggs and gametes
7
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 2.
2
No person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community, or subsequently move within that zone, any live fish, eggs or gametes specified in column (3) opposite the reference to such zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live fish, eggs or gametes confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
Introduction of dead fish
8
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 3.
2
No person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community dead fish specified in column (3) opposite the reference to such zone unless they comply with the conditions specified in column (4) opposite the reference to such zone and such dead fish.
Introduction of live molluscs, eggs and gametes
9
1
Any reference in this regulation to a numbered column shall be construed as a reference to the column so numbered in Schedule 4.
2
Subject to paragraph (5) below, no person shall introduce into a zone specified in column (2) from elsewhere in the European Economic Community, or subsequently move within that zone, any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone with the intention of relaying them unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
3
Subject to paragraph (5) below, no person shall relay in a zone specified in column (2) any live molluscs, eggs or gametes specified in column (3) opposite the reference to such zone from outside that zone unless they are accompanied by valid movement documents in the form specified in column (4) opposite the reference to such zone and such live molluscs, eggs or gametes, confirming that —
a
they come from an area free from the disease specified in column (5) opposite the reference to such movement document; or
b
where a movement document does not require that they come from an area free from such disease, they fulfil the conditions set out in that movement document.
4
Subject to paragraph (5) below, no person shall relay any live molluscs, eggs or gametes from an area referred to in Schedule 6 —
a
in another area referred to in Schedule 6; or
b
outside the areas referred to in Schedule 6;
unless they have been authorised to do so in writing by the Minister.
5
Paragraphs (2), (3) and (4) above shall not apply to the relaying of live molluscs, eggs or gametes when they are relaid in an approved storage centre and not subsequently relaid elsewhere than another approved storage centre.
6
For the purposes of this regulation —
“coastal zone” means any waters lying below the high water mark of the ordinary spring tides and any land adjacent to such waters;
“relaying” in relation to molluscs means the deposit or immersion of molluscs in a coastal zone and “relaid” and “relay” shall be construed accordingly.
Export to other parts of the European Economic Community of aquaculture animals and aquaculture products from Great Britain
10
No person shall export to other parts of the European Economic Community any aquaculture animal or aquaculture product from Great Britain unless it complies with the relevant provisions of Directive 91/67/EEC (including any option permitted by that Directive which has been exercised in relation to its destination) and is accompanied by any documents required under Directive 91/67/EEC .
PART IV
DISEASE AND POWERS
Notification of disease
11
1
Without prejudice to any obligations under section 4(5) and section 4A(5) of the Diseases of Fish Act 1937 , any person who —
a
knows of any abnormal death or other symptom amongst fish or molluscs which might constitute grounds for suspecting the presence of a disease listed in Schedule 1; or
b
has any reason for suspecting the presence amongst fish or molluscs of a disease listed in Schedule 1;
shall notify the Minister as quickly as possible.
2
Any person who has in his possession or under his charge an infected item, or an item which he suspects is an infected item, shall detain it until —
a
it has been examined by a veterinary inspector; or
b
a veterinary inspector has instructed him to dispose of it.
3
A veterinary inspector shall have powers to take such samples of or from fish or molluscs as may be necessary to establish whether a disease listed in Schedule 1 is present amongst fish or molluscs.
4
For the purposes of this regulation —
“infected item” means a fish or mollusc or the carcase or part of the carcase of the same which is infected with a disease listed in Schedule 1.
Powers — diseases of fish
12
If the result of a test for the presence of a disease of fish listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any fish, facilities or equipment —
a
require the slaughter of all fish in infected farms;
b
require the destruction of all infected or contaminated fish; and
c
require the disinfection of facilities and equipment.
Powers — diseases of molluscs
13
1
If a veterinary inspector has reasonable grounds for suspecting amongst molluscs the presence of a disease listed in Schedule 1 he may —
a
by notice in writing served on the person appearing to have charge of any molluscs kept on such premises as are specified in the notice, prohibit the movement of any molluscs on to or off such premises, except under the written authority of the Minister; or
b
by notice in writing served on any person appearing to him to be appropriate, prohibit the taking of any molluscs from any area as is specified in the notice except under the written authority of the Minister.
2
A notice served under paragraph (1) above shall remain in force until withdrawn by a further notice in writing served by a veterinary inspector on the person on whom the initial notice was served.
3
If the result of a test for the presence of a disease of molluscs listed in Schedule 1 is positive, the Minister may, by notice in writing served on the person appearing to have charge of any molluscs, facilities or equipment —
a
require the destruction of all infected or contaminated molluscs; and
b
require the disinfection of facilities and equipment.
Powers of veterinary inspector
14
1
Subject to regulation 9 of the Animals and Animal Products (Import and Export) Regulations 1992 and regulation 7 of the Products of Animal Origin (Import and Export) Regulations 1992 a veterinary inspector shall have the powers set out in this regulation.
2
A veterinary inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations.
3
A veterinary inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any premises;
b
take samples of or from aquaculture animals or aquaculture products;
c
examine relevant documentary or data processing material.
4
A veterinary inspector shall have powers to make such inspections and take such samples as may be necessary to carry out the health inspections, sampling plans and diagnostic methods established by Directive 91/67/EEC .
5
A veterinary inspector entering any premises under these Regulations may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under these Regulations.
Failure to comply with a notice
15
If any person fails to comply with the requirements of a notice served under these Regulations then, without prejudice to any proceedings consequent upon such failure, a veterinary inspector may enter on any premises to which such notice relates and take or cause to be taken such steps as appear to the veterinary inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out, and all reasonable costs of taking such steps shall be recoverable by the Minister from the person on whom the notice was served.
Extension of the Animals and Animal Products (Import and Export) Regulations 1992 and the Products of Animal Origin (Import and Export) Regulations 1992
16
1
The Animals and Animal Products (Import and Export) Regulations 1992 and the Products of Animal Origin (Import and Export) Regulations 1992 , to the extent that those regulations apply to aquaculture animals and aquaculture products, shall have effect as if the relevant areas were another Member State.
2
For the purposes of this regulation “the relevant areas” means Northern Ireland, the Isle of Man and any of the Channel Islands.
Obstruction
17
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations,
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(c) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Powers — European Inspectors
18
A European Inspector may accompany any person who is enforcing these Regulations for the purpose of establishing whether Directive 91/67/EEC is applied in a uniform way.
PART V
OFFENCES AND PENALTIES
Offences by directors etc.
19
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Offences
20
1
No person shall contravene, or fail to comply with, a provision of these Regulations or a provision or condition of a notice served in accordance with the provisions of these Regulations.
2
No person shall for the purpose of procuring the issue of a movement document —
a
make a statement which he knows to be false in a material particular;
b
recklessly make a statement which is false in a material particular; or
c
intentionally fail to disclose any material particular.
3
A person shall be guilty of an offence who, without reasonable excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this regulation.
Penalties
21
1
A person guilty of an offence under regulation 11(1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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
21st December 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd December 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Enfield Community Care 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 Enfield Community Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Enfield Community Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Community Premises, Chase Farm Hospital, The Ridgeway, Enfield, Middle sex, EN2 8JL and associated hospitals;
b
to manage community health services provided from Trust Headquarters, Highlands Hospital, Worlds End Lane, Winchmore Hill, London N21 1PN 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 Enfield 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 Enfield 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 Enfield 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
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“the up-rating order ” means the Social Security Benefits Up-rating ( No. 2) Order 1991 .
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day
2
Section 64(2) of the 1986 Act shall not apply if a question arises as to either–
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
until the question has been determined in accordance with the provisions of the Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£39.00” of “£40.50”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£2028.00” of “£2106.00”.
Earnings limit
6
The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) shall be increased from £110, £14 and £110 to £115, £15 and £115 respectively.
Revocations
7
The Social Security Benefits Up-rating Regulatons 1991 and Regulation 46 of the Social Security (General Benefit) Regulations 1982 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
3rd March 1992


text:
Citation
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 6 and Transitional Provision) Order 1992.
Provisions coming into force on 2nd November 1992
2
Paragraphs 6 to 8, 12 to 14, 26, 29, 30, 48, 50 to 52, 90 and 91 of Schedule 13 to the Local Government Finance Act 1992 shall come into force on 2nd November 1992.
Provisions coming into force on 1st April 1993
3
1
The following provisions of the Local Government Finance Act 1992 shall come into force on 1st April 1993 —
a
paragraphs 3 to 5, 32, 34, 57 and 58 of Schedule 13; and
b
so much of Schedule 14 as relates to —
i
section 81 (8A)
of the Education Reform Act 1988 ;
ii
section 146 of, and paragraphs 2 to 18, 43, 49 to 54, 55(3), 56, 58, 59, 61, 63 to 65, 70, 71, 73, 74, 76(3), 77 and 78 of Schedule 5 and paragraph 98 of Schedule 11 to, the Local Government and Housing Act 1989 ;
iii
the Community Charges (Substitute Setting) Act 1991 .
Transitional provision
4
Without prejudice to section 16(1) of the Interpretation Act 1978 , the repeal of section 146 of the Local Government and Housing Act 1989 shall not affect any right of the Secretary of State to enforce, on or after 1st April 1993, any condition imposed as mentioned in subsection (5) of that section.
Michael Howard
Secretary of State for the Environment
14th October 1992
David Hunt
Secretary of State for Wales
14th October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st July 1992.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
Meanings assigned to certain expressions
2
Regulation 5(1) of the principal Regulations is amended by inserting after the definition of “public holiday” —
“the representative bodies” means the Police Federation for England and Wales and all bodies for the time being recognised by the Secretary of State for the purposes of section 47 of the Police Act 1964;
Part-time appointments
3
The principal Regulations are amended by inserting after regulation 8 —
Part-time appointments
8A
1
Within the authorised establishment of a police force, the chief officer of police may, with the approval of the Secretary of State, from time to time appoint persons to perform part-time service in any rank specified in the approval.
2
Before seeking any approval for the purposes of this regulation the chief officer of police shall consult local representatives of the representative bodies.
3
An approval given for the purposes of this regulation may be varied from time to time and may be withdrawn.
4
The variation or withdrawal of an approval does not affect any appointment previously made.
5
Subject to paragraph (4), the number of persons performing part-time service in any rank must not at any time exceed the number specified in any approval for the time being having effect.
6
A person serving as a full-time member of a police force may not be appointed to perform part-time service without his consent.
7
A person may be appointed under this regulation in the rank of constable only if he has, as a full-time member of a police force, completed the period of probation in that rank that was required by regulation 16.
8
An appointment under this regulation in any rank above that of chief inspector may only be made on terms that provide for the holder to share with one other person appointed under this regulation in the rank in question the performance of duties that would otherwise fall to be performed by a single person appointed in that rank as a full-time member of the force; if either of the persons sharing the duties ceases to hold his appointment and is not replaced, the other continues to hold the rank in which he was appointed under this regulation but is to be treated as having become a full-time member of the force.
9
In this regulation “full-time member” means a member appointed otherwise than under this regulation.
10
In relation to persons appointed under this regulation to perform part-time service these Regulations have effect with the modifications set out in Schedule 1A.
.
Rate of pay
4
Regulation 37(2) of the principal Regulations is amended by inserting after (d) of the proviso —
e
any service performed pursuant to an appointment under regulation 8A (part-time appointments) shall be multiplied by the factor which was the appropriate factor within the meaning of regulation 5(5) or (6) as it applied to him by virtue of paragraph 1 of Schedule 1A;
.
Modification for part-time service
5
The principal Regulations are amended by inserting after Schedule 1 —
SCHEDULE 1A
MODIFICATION FOR PART-TIME SERVICE
Regulation 8A
1
In regulation 5 (meanings assigned to certain expressions) after paragraph (4) insert —
5
In relation to a member of a police force below the rank of superintendent —
a
the determined hours are the number of hours which the chief officer of police has determined under regulation 26(2) or (4A)(a) as his normal period of duty in a relevant period,
b
a relevant period is a period for which a duty roster relating to him has effect for the time being under regulation 27, and
c
the appropriate factor is
A B
where —
A is the number of the determined hours, and
B is 40 times the number of weeks in the relevant period.
6
In relation to a member of a police force above the rank of chief inspector, the appropriate factor is
1 2 .
.
2
In regulation 16 (probationary service in the rank of constable) —
a
in paragraph (1) omit the words after “constable”;
b
in paragraph (2) for the words after “this regulation applies” substitute “may be required to serve on probation for such period, not exceeding 2 years and 6 months, as the chief officer of police, with the approval of the Secretary of State, determines in the circumstances of a particular case.”; and
c
omit paragraph (3) and paragraph (4)(c) and (d).
13
In regulation 17 (discharge of probationer) —
a
in paragraph (1) for the words “his period” substitute “any period”; and
b
after paragraph (4) insert —
4A
For the purposes of this regulation a month’s pay is to be calculated by multiplying one-twelfth of the annual rate ascertained from Schedule 5 by the appropriate factor.
.
4
In regulation 26 (normal daily period of duty) for paragraphs (2) to (4) substitute —
2
The normal period of duty in every relevant period of a member of a police force to whom this regulation applies, which is to be performed in accordance with general arrangements made by the chief officer of police after consulting the police authority and local representatives of the representative bodies, is, subject to paragraph (4A), the total number of hours determined by the chief officer with the agreement of the member at the time of his appointment.
3
For the purposes of paragraph (2) a day of annual leave counts as a period of duty of 8 hours multiplied by the appropriate factor.
4
The chief officer shall review a member’s normal period of duty at intervals of not more than 52 weeks, and in doing so shall have regard to the number of hours actually spent on duty during the interval preceding the review.
4A
After a review under paragraph (4) —
a
any number of hours different from that determined under paragraph (2) which was determined by the chief officer and agreed to by the member becomes the member’s normal period of duty, and
b
if no different number was agreed to by the member, his normal period of duty is the number of hours determined under paragraph (2).
4B
The number of hours determined under paragraph (2) or (4A)(a) must not be less than 16 times the number of weeks in the relevant period.
4C
As far as the exigencies of duty permit, a shift shall consist of one continuous period.
4D
Where in one day a member is on duty for a continuous period of 5 hours or more, an interval for refreshment shall, as far as the exigencies of duty permit, be allowed in accordance with the Table below.
Number of hours Refreshment interval
Less than 6 hours 30 minutes 6 hours or more, but less than 7 hours 35 minutes 7 hours or more, but less than 8 hours 40 minutes 8 hours or more 45 minutes
4E
Where a shift consists of two periods amounting in total to 5 hours or more and the member does not travel to and from his home between those periods, an interval for refreshment and rest shall normally be included at the beginning or end of one of them.
.
5
In regulation 27 (rostering of duties) —
a
in paragraph (1) —
i
omit the word “annual”, and
ii
after sub-paragraph (b)
insert —
and
c
a reference to a free day is to be construed as a reference to a day which is not —
i
a day on which a shift is, according to the duty roster, to begin or end, or
ii
a rostered rest day, or
iii
a public holiday.
;
b
in paragraph (2) after the word “roster” insert “(except one relating to a member who has agreed with the chief officer on a different period) shall have effect for a period of 12 months, and”;
c
in paragraph (3) —
i
for the words “the 12 months following the date on which it comes into force” substitute “the period for which it has effect”,
ii
after sub-paragraph (a)
insert —
aa
his free days;
, and
iii
in sub-paragraph (c) for the words “his scheduled daily periods of duty are” substitute “each of his shifts is”;
d
in paragraph (4) —
i
in sub-paragraph (a) for the words “daily periods of duty” substitute “shifts”, and
ii
in sub-paragraph (b) before the words “an interval” insert “unless he has agreed with the chief officer on a longer interval,”; and
e
in paragraph (5) for the words “daily period of duty” substitute “shift”.
6
For regulation 28 (overtime) substitute —
28
1
This regulation applies to a member of a police force to whom regulation 26 applies.
2
A member who has been on duty for more than 40 hours in any period of 7 days beginning with such day as is fixed for the purposes of this regulation by the chief officer of police (a “relevant week”) is entitled in respect of any day during that period in which he has been on duty for more than 8 hours (a “long-duty day”) to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes in excess of 8 hours.
3
A member may, before the end of a pay period (that is to say, a period comprising one of the intervals between payments under regulation 46), elect to be granted time off, instead of an allowance under paragraph (2), in respect of any long-duty day that occurred during a relevant week ending within the pay period.
4
Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (3) the chief officer of police shall, within 3 months after the end of the relevant week, grant him time off equal to the total of —
a
the time in excess of 8 hours spent on duty in the day, or as the case may be in each of the days, in respect of which the election was made, and
b
15 minutes in respect of each completed 45 minutes of that time.
5
Any time counting for the purposes of regulation 37(1) (pay) as time spent on duty, except —
a
time for which an allowance is received under paragraph (7) or under regulation 29 or 67, and
b
any period of less than 30 minutes worked during the first 30 minutes after the end of a rostered shift, except a period of 15 minutes which the member was told at the beginning of the shift would be required,
counts as time spent on duty for the purposes of paragraph (2).
6
For the purposes of paragraph (2) a period of duty —
a
which resulted from a member’s being recalled and returning to duty between two rostered shifts, and
b
the length of which, after deducting any travelling time counting as a period of duty by virtue of regulation 31, was less than 4 hours,
counts as a period of duty lasting for the aggregate of 4 hours and any period counting by virtue of regulation 31.
7
Where the time at which a member is required to commence a rostered shift is brought forward —
a
without giving him notice 8 hours or more before the new commencement time, and
b
so that he is required to commence that shift on the day on which his previous shift ended,
he is entitled to an allowance at the rate of one-twelfth of an hour’s pay for each completed 15 minutes of the time for which he is on duty before the rostered commencement time.
8
A member who has become entitled to an allowance under paragraph (7) may, before the end of the pay period during which the day on which he was required to commence the shift occurred, elect to be granted time off instead of the allowance.
9
Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (8) the chief officer of police shall, within 3 months after the date of the election, grant him time off equal to one and one-third times the number of completed quarters of an hour for which he was on duty before the rostered commencement time.
10
Where —
a
on any day on which he has a rostered shift a member has been on duty for a period exceeding the length of that shift, and
b
he is not entitled in respect of that day to any allowance under paragraph (2) or (7),
he may, not later than 4 days after the end of the relevant week in which the day in question occurred, elect to be granted time off in respect of the excess over the length of the shift ( “the excess period”).
11
For the purposes of paragraphs (2) and (10) a continuous period of duty which began before and ended after the beginning of a day shall —
a
if the day on which it ended was not —
i
a public holiday,
ii
a rostered rest day, or
iii
a free day,
in respect of which he became entitled to an allowance under regulation 29, be treated as having fallen wholly within, and
b
in any other case, be treated as having consisted only of so much of the period as fell within,
the day on which the period began.
12
Subject to the exigencies of duty, where a member has elected as mentioned in paragraph (10) the chief officer of police shall, within 3 months after the date of the election, grant him time off equal to the excess period.
13
For the purpose of regulation 37(1) (pay) any extra period of duty in respect of which time off is granted under paragraph (4) or (9) counts as one and one-third times the number of completed quarters of an hour comprised in the extra period of duty, and a period falling within paragraph (6)(a) and (b) counts as one of 4 hours.
.
7
In regulation 29 (public holidays and rest days) —
a
after paragraph (3) insert —
3A
A member who —
a
is required to do duty on a free day, and
b
receives not less than 29 days' notice of the requirement,
shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.
3B
This paragraph applies where —
a
a member is required to do duty on a free day, and
b
he receives less than 29 days' notice of the requirement, and
c
the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other member.
3C
Where paragraph (3B) applies —
a
if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (b) or (4)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one-twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and
b
in any other case, he is entitled to time off equal to the total length of those periods.
3D
Where —
a
a member is required to do duty on a free day, and
b
he receives less than 29 days' notice of the requirement, but paragraph (3B) does not apply, the member is entitled to an allowance at the appropriate rate.
;
b
after paragraph (5) insert —
5A
A member who is required to do duty on a free day may within 28 days of that day elect to receive —
a
in lieu of an allowance under paragraph (3C)(a), time off equal to one and one-third times, and
b
in lieu of an allowance under paragraph (3D), time off equal to one and a half times,
the period of completed quarters of an hour of duty done on the free day.
;
c
in paragraph (6) —
i
after the words “rostered rest day” insert “or on a free day”,
ii
after the words “paragraph (5)” insert “or (5A)”,
iii
after the words “as the case may be,” insert “paragraph (3C) or (3D) or”; and
d
in paragraph (7) —
i
for sub-paragraph (b) substitute —
b
“the appropriate rate” is, for each completed 15 minutes of duty done —
i
on a public holiday,
A 4 , and
ii
on a rostered rest day or a free day,
A B
where A is the member’s hourly rate of pay calculated in accordance with regulation 37(1);
ii
omit sub-paragraph (c), and
iii
in sub-paragraphs (f) and (g) after the words “rostered rest day”, insert “or a free day”; and
e
in paragraph (8) after the words “rostered rest day”, wherever occurring, insert “or a free day”; and
f
after paragraph (8) insert —
9
For the purposes of regulation 37(1) (pay) —
a
a day’s leave allowed under paragraph (2) and a day off granted under paragraph (4)(a) or under paragraph (8) in respect of a public holiday each count as a period of duty of 8 hours multiplied by the appropriate factor, and
b
so much of any time off granted under paragraph (5A) or (6) as exceeds the time spent on duty on the public holiday, rest day or free day counts as time spent on duty.
.
8
In regulation 30 (public holidays and monthly leave days for higher ranks) —
a
in paragraph (2) after the words “each month” insert “the amount of leave arrived at by multiplying by the appropriate factor”; and
b
in paragraph (4) —
i
for the words “8 monthly leave days” substitute “the amount of leave arrived at by multiplying 8 days by the appropriate factor”, and
ii
for the words after “granted” substitute “the balance as additional monthly leave”.
9
In regulation 31 (travelling time treated as duty) —
a
for paragraph (1) substitute —
1
This regulation applies to a member of a police force where —
a
a shift consists of two seperate periods, or
b
he is recalled to duty between two shifts,
and he travels to and from his home between those periods or, as the case may be, in consequence of his recall (in this regulation referred to as “relevant travelling”).
;and
b
in paragraph (2) for the words from “overtime” to “thereof)” substitute “duty for the purposes of regulation 28, regulation 29 (except paragraph (7)(f) or regulation 37(1)”.
10
In regulation 33 (annual leave) —
a
in paragraph (1) after the words “Schedule 3” insert “, except that in the case of a member above the rank of chief inspector any period of leave calculated in accordance with Schedule 3 is to be multiplied by the appropriate factor”; and
b
after paragraph (1) insert —
1A
In the case of a member below the rank of superintendent, each day of annual leave granted counts for the purposes of regulation 37(1) (pay) as a period of duty of 8 hours multiplied by the appropriate factor.
.
11
In regulation 34 (sick leave) after paragraph (2) insert —
3
While a member below the rank of superintendent is entitled under this regulation to be absent from duty, any rostered shift counts for the purposes of regulation 37(1) (pay) as a period of duty of the same duration.
.
12
In regulation 35 (maternity leave) after paragraph (3) insert —
4
During the first 3 months of any maternity leave granted under this regulation to a woman member below the rank of superintendent (“the paid leave period”) she shall be treated for the purposes of regulation 37(1) (pay) as having been on duty for
A × B C
hours, where —
A is the number of her determined hours,
B is the length in days of the paid period, and
C is the length in days of the relevant period.
.
13
In regulation 37 (rate of pay) —
a
for paragraph (1) substitute —
1
A member of a police force below the rank of superintendent shall be paid for time spent on duty at an hourly rate calculated by multiplying the annual rate ascertained from Schedule 5 by
6 12520
; and
b
after paragraph (1) insert —
1A
A member above the rank of chief inspector shall be paid at an annual rate calculated by multiplying that ascertained from Schedule 5 by the appropriate factor.
.
14
In regulation 38 (temporary salary) —
a
in paragraph (1) —
i
after the words “performed by a” insert “full-time”, and
ii
after the words “rate of pay for” insert “a person appointed as a full-time member in”;
b
in paragraph (3) —
i
after the words “performed by a” insert “full-time”, and
ii
after the words “to the higher rank” insert “as a full-time member”; and
c
in paragraph (5) for the words after “superintendent” substitute “the period that would constitute his normal daily period of duty if he were a full-time member, and “full-time member” means a member of the force appointed otherwise than under regulation 8A.”.
15
In regulation 39 (London weighting) —
a
for the words “annual pay” substitute “hourly rate of pay”; and
b
for the words “increased by” insert
the amount obtained by multiplying by
6 12520
the sum of.
16
After regulation 48 insert —
Reduction of allowances
48A
All allowances calculated in accordance with regulations 49(1) to (10) and 49A to 51 and the allowance specified in regulation 52A are to be multiplied by the appropriate factor.
17
In regulation 49 (housing allowance) after paragraph (11) insert —
11A
The second of the two amounts mentioned in paragraph (11) is to be multiplied by the appropriate factor, and if immediately before his spouse commenced to live apart from him he was serving pursuant to an appointment made otherwise than under regulation 8A —
a
in calculating the first of those two amounts his former allowance is to be multiplied by that factor, and
b
the allowance payable under paragraph (11) is to be multiplied by that factor.
.
18
In regulation 50 (supplementary rent allowance), in paragraph (3)(b) after the word “member” insert “, appointed otherwise than under regulation 8A, ”.
19
In regulation 53 (removal allowance) after paragraph (5) insert —
5A
Every sum of money specified in paragraphs (6) to (8) is to be multiplied by the appropriate factor.
.
20
In regulation 55 (women’s stocking allowance) after the word “determined” insert “(regard being had to the appropriate factor)”.
21
In regulation 56 (plain clothes allowance) in paragraph (1) —
a
for the words “for a continuous period of not less than a week” substitute “on 7 or more consecutive days”; and
b
after the word “determined” insert “(regard being had to the appropriate factor)”.
22
In regulation 57 (detective duty and detective expenses allowances) —
a
in paragraph (1) for the words “for a period of not less than a week” substitute “on 7 or more consecutive days”;
b
after paragraph (1) insert —
1A
The rates specified in paragraphs (2), (2A) and (3) as the rates of allowances under this regulation are to be multiplied by the appropriate factor.
; and
c
omit paragraph (4).
23
In regulation 58 (subsistence, refreshment and lodging allowance) at the end of paragraph (3) insert
and in relation to a member below the rank of superintendent references in this regulation to his normal daily period of duty are to be construed as references to —
i
a period of duty lasting 8 hours, or
ii
periods of duty performed in one day amounting in total to 8 hours.
24
In regulation 65 (London allowance) for the words “the rate of” substitute “the rate obtained by the appropriate factor”.
25
In regulation 71 (allowance under Police Regulation 1971) for the words after “he shall” substitute
, while he remains a member of that force, be entitled to an allowance at an annual rate calculated by multiplying by the appropriate factor
a
in the case of an inspector, £50, and
b
in the case of a sergeant or constable, £72.
26
I regulation 72 (provision of house or quarters) for the words “shall be provided” substitute “and who was occupying such a house or quarters when appointed under regulation 8A may, if the chief officer of police determines that it would be conducive to meeting the operational needs of the force, be provided”.
27
In Schedule 4 (university scholars) in paragraph 3(2) for the words “the rate of” substitute “the rate obtained by multiplying by the appropriate factor”, and omit the words after “a year”.
28
In Schedule 6 (effect of disciplinary action on pay and allowances) in paragraph 4 —
a
after the words “13 weeks” insert “multiplied by the reciprocal of the appropriate factor”; and
b
afer the words “weekly pay” insert “multiplied by the appropriate factor”.
29
In Schedule 8 (motor vehicle allowances) after paragraph 2(2) insert —
2A
The fixed element calculated in accordance with sub-paragraph (2) shall be multiplied by the appropriate factor.
.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
1st June 1992


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1993 and shall come into force on 23rd November 1993.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 —
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 , being a grant at a rate not exceeding 45 per cent.of the expenditure and being a grant made under an agreement entered into before 1st April 1995,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent.of the expenditure and being a grant made under an agreement entered into before 1st April 1995,
c
so much of any grant so made at a higher rate as is equal to 45 per cent.of the expenditure.
Nicholas Baker
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
29th October 1993


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Contracted Out Prisons) Order 1993 and shall come into force on the day after the day on which it is made.
2
The Criminal Justice Act 1991 (Contracted Out Prisons) Order 1992 is hereby revoked.
3
Subsection (1) of section 84 of the Criminal Justice Act 1991 shall have effect as if the words from “which”, in the first place where it occurs, to the end of paragraph (b), were omitted.
4
Section 87 of the Criminal Justice Act 1991 shall have effect as if subsection (5) were omitted.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd February 1993


text:
Citation and commencement
1
This Order may be cited as the War Pensions (Miscellaneous Amendments) Order 1993 and shall come into force on 1st April 1993.
War Pensions (Naval Auxiliary Personnel) Scheme 1964
2
In article 2(9) of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 (definition of “public funds”), for the words “the Abolition of Domestic Rates etc. (Scotland) Act 1987” there shall be substituted the words “the Local Government Finance Act 1992 ”.
War Pensions (Mercantile Marine) Scheme 1964
3
In article 2(26) of the War Pensions (Mercantile Marine) Scheme 1964 (definition of “public funds”), for the words “the Abolition of Domestic Rates etc. (Scotland) Act 1987” there shall be substituted the words “the Local Government Finance Act 1992”.
War Pensions (Coastguards) Scheme 1944
4
In article 1(10) of the War Pensions (Coastguards) Scheme 1944 (definition of “public funds”), for the words “the Abolition of Domestic Rates etc. (Scotland) Act 1987” there shall be substituted the words “the Local Government Finance Act 1992”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1993


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


text:
1
These Regulations may be cited as the Education Assets Board (Transfers under the Education Reform Act 1988) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
1
The Education Assets Board (Transfers under the Education Reform Act 1988) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 —
a
at the beginning there shall be inserted “Subject to paragraph (2) below,”; and
b
for “3 months” there shall be substituted “6 months”.
3
Regulation 2 shall become paragraph (1) of that regulation and after that paragraph there shall be inserted —
2
In relation to any matter which was notified by the Board to the transferor before 1st January 1994 the reference in paragraph (1) above to 6 months shall have effect as if it were a reference to 3 months.
.
4
In regulation 3(2), after “the Board” there shall be inserted “at the same time as that submission”.
John Patten
Secretary of State for Education
3rd December 1993
John Redwood
Secretary of State for Wales
9th December 1993


text:
Citation and commencement
1
This Order may be cited as the Peak Rail Light Railway Order 1993 and shall come into force on 26th March 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the Board” means the British Railways Board;
“the Company” means Peak Rail plc, a company incorporated under the Companies Act 1985 and having its registered office at Matlock Station, Matlock, Derbyshire;
“the District Council” means the Derbyshire Dales District Council;
“the County Council” means the Derbyshire County Council;
“the Company’s Railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to Article 4 of this Order;
“the former railway” means the former railway of the board described in Schedule 1 to this Order and includes all the lands and works relating thereto;
“the principal Act ” means the Light Railways Act 1896.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
Subject to the provisions of this Order the provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 17, 46, 49, 50, 51 and 52) and hereby incorporated with, and form part of, this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order: —
a
Sections 7, 9, 10 and 162 shall be read, construed and have effect as if any reference to the clerks of the peace is a reference to the proper officer of the County Council;
b
Sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
3
Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following enactments shall apply to the Company’s Railway: —
The Regulation of Railways Act 1868 — Section 22 (means of communication between passengers and the Company’s servants to be provided);
The Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
4
In its application to the Company’s Railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to make Company’s Railway
4
1
The Company may on lands leased or licensed to the Company by the District Council, and on the line and to the extent of the former railway, construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
the Company’s Railway shall be laid on the same level as, and within the existing formation of, the former railway.
Transfer of rights etc. in former railway
5
Subject to the provisions of this Order the Company’s Railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Gauge of the Company’s Railway and motive power
6
The Company’s railway shall be constructed and operated on a gauge of 1435 millimetres and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s Railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages.
Provided also that, if electrical power is used as motive power on the Company’s Railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Provisions as to the crossing of public roads and footpaths on the level
7
1
The Company shall have authority to make a crossing on the level of the Class C road at Church Road, Darley Dale.
2
The Company shall observe such conditions and requirements in relation to the new level crossing and the use and operation thereof as the Secretary of State may prescribe as being necessary or desirable for the protection, safety and convenience of the public.
3
The Company may in the construction of the Company’s Railway carry the Company’s Railway across and on the level of the footpath described in Schedule 2 to this Order (and across any accommodation crossing or right of way existing upon or over the former railway).
4
The Company shall take all reasonable precautions for the safety of users of public footpaths adjacent to the Company’s Railway including, where necessary, the provision of fencing and warning notices.
Restriction as to the conveyance of passengers
8
No part of the Company’s Railway shall be used for the conveyance of passengers without prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s Railway.
For the Protection of Sewerage and Water Undertakers
9
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertaker concerned, apply and have effect: —
a
In this article, “relevant pipe” in relation to an undertaker has the meaning given in section 158 (97) of the Water Industry Act 1991 ;
b
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 in its application to the Company’s Railway shall authorise the Company to raise, sink, or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld.
c
Where any relevant pipe is situated in or under any land owned or held for the purpose of the Company’s Railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs;
d
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
e
The company shall compensate the undertakers: —
i
for any damage or disturbance caused to any relevant pipe; and
ii
for any other expenses, loss, damages, penalty or costs incurred by the undertakers;
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the company of the powers of this Order; Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents;
f
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force;
g
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article;
h
Any difference arising between the Company and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
For the protection of flood defences
10
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of section 109 of the Water Resources Act 1991 , section 23 of the Land Drainage Act 1991 and any byelaws made under those Acts in relation to anything done under or in pursuance of this Order. For the protection of public gas suppliers
11
Nothing in this Order shall prejudice or affect the rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s Railway is constructed.
Amendment of the Peal Rail Light Railway Order 1991
12
The Peak Rail Light Railway Order 1991 shall be amended as follows: —
a
in article 10(1) (For the Protection of Sewerage and Water Undertakers) for the words “paragraph 1 Schedule 19 to the Water Act 1989” there shall be substituted the words “section 158(7) of the Water Industry Act 1991;”;
b
in article 11 (For the protection of flood defences) for the word “article” there shall be substituted the word “Order” and for the words “sections 28 and 29 of the Land Drainage Act 1976 and any bylaws made under that Act” there shall be substituted the words “section 109 of the Water Resources Act 1991, section 23 of the Land Drainage Act 1991 and any bylaws made under those Acts.”.
Cost of Order
13
All costs, charges and expenses incurred by the Company in, or incidental to, the preparing for, obtaining and making of this Order or otherwise in relation thereto, shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
25th March 1993


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1993, and shall come into force on 27th February 1993.
Interpretation
2
In this Order —
“the Council Regulation” means Council Regulation ( EEC ) No. 3919/92 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1993 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order, as read with any qualifying words relating to that provision in that column.
Offences
3
Where there is, in respect of —
a
any fishing boat registered in the United Kingdom wherever it may be, or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat registered in the United Kingdom wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document;
and, if he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of Officers
7
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
9
Where an offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation and saving
11
The Sea Fishing (Enforcement of Community Quota Measures) Order 1992 is hereby revoked, but without prejudice to the application of articles 6 to 8 of that Order in relation to the enforcement of article 3 of that Order.
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
25th February 1993.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
23rd February 1993
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
25th February 1993
Patrick Mayhew
Secretary of State for Northern Ireland
22nd February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medway National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Medway 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 Medway 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 Medway Hospital, Windmill Road, Gillingham, Kent ME7 5NY and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from All Saints Hospital, Magpie Hall Road, Chatham, Kent ME4 5NG and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Medway 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 Medway 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 Medway Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dental Vocational Training Authority Regulations 1993 and shall come into force on 1st October 1993.
2
In these Regulations–
“ the Authority ” means the Dental Vocational Training Authority established by the Order ;
“ Chairman ” means the Chairman of the Authority;
“member” means a member of the Authority other than the Chairman;
“non-officer member” means a member who is not the secretary;
“the Order” means the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993 ;
“the 1990 Regulations ” means the Family Health Services Authorities (Membership and Procedure) Regulations 1990 ;
“the 1992 Regulations ” means the National Health Service (General Dental Services) Regulations 1992 ; and
“secretary” means that member of the Authority appointed by the Secretary of State in accordance with the Order to act as secretary to the Authority.
Tenure of office
2
Subject to regulation 3 of these Regulations and to the provisions of the 1990 Regulations applied by these Regulations, the term of office of the Chairman and the members shall be 3 years.
Termination of tenure of office
3
1
The Chairman, and any member, may resign his office by giving notice in writing to the Secretary of State.
2
The date on which a resignation takes effect shall be–
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Secretary of State.
3
Where the Secretary of State is of the opinion that it is not in the interests of the health service that the Chairman or any member should continue to hold office, she may forthwith terminate his term of office.
4
The Secretary of State shall terminate the term of office of the Chairman or of a non-officer member whose name is erased from the register kept under section 14 of the Dentists Act 1984 or whose registration in that register is suspended.
5
The secretary shall cease to hold office as a member where he ceases to hold the post of secretary.
6
If the secretary is suspended from the post of secretary he shall be suspended from performing his functions as member for the period of his suspension.
Eligibility for re–appointment
4
Subject to the provisions of the Order as to qualification and disqualification, for appointment to the Authority, the Chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.
Application of regulations relating to membership and procedure
5
1
Subject to regulation 3 of these Regulations, the following provisions of the 1990 Regulations shall apply as if any reference therein to an Authority included a reference to the Authority and as if references to the appointing authority were references to the Secretary of State–
a
in regulation 4 (termination of term of office), paragraphs (4), (5)(c), (7) and (8) (so far as it relates to paragraph (7));
b
regulation 6 so far as it applies for the purposes of regulation 4(7)(a);
c
regulation 13 (disability of members in proceedings on account of pecuniary interests), but as though the words “, by its standing orders,” in paragraph 2 were omitted.
3
Subject to any other provision of these Regulations and to the provisions of the 1992 Regulations, the Authority may regulate its own procedure.
Committees and exercise of functions
6
Subject to and in accordance with such directions as the Secretary of State may give under the Act, the Authority–
a
may, and if so directed by the Secretary of State shall, appoint committees of the Authority consisting wholly of members of the Authority; and
b
may make arrangements for the exercise on its behalf, by such a committee or by an officer of the Authority, of such of its functions as are not required by the 1992 Regulations to be exercised by the Authority itself, a particular committee or the secretary.
Reports by the Authority
7
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each calendar year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as she may from time to time require.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
9th September 1993


text:
1
The Injuries in War (Shore Employments) Compensation Scheme 1914 shall be amended as follows:
In paragraph (3) thereof for the figures “£84.90”, wherever they occur, there shall be substituted the figures “£89.00”.
2
This Scheme shall be deemed to have come into effect on 6th April 1992, but no payment shall be made thereunder in respect of any period before that date.
3
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1992, and the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1991 and this Scheme may be cited together as the injuries in War (Shore Employments) Compensation Schemes 1914 to 1992.
Archie Hamilton
Christopher France
Members of the Defence Council
We consent,
Timothy Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1993


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 1993 and shall come into force on 27th May 1993.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“capacity units”, in relation to a vessel, means —
( L × B ) + ( 0.45 × P )
where:
L is the length of the vessel expressed in metres,
B is the breadth of the vessel expressed in metres, and
P is the engine power of the vessel expressed in kilowatts;
“the Council Regulation” means Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry by means of scrapping and references to “decommissioning grant” shall be construed accordingly;
“length”, in relation to a vessel, except in the case of paragraphs 3(1)(f) and 7(3), means the length calculated in accordance with the rules specified in Article 2(1) of the Council Regulation;
“licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;
“the register” means the register of fishing vessels established under section 13 of the Merchant Shipping Act 1988 and references to “registered” shall be construed accordingly;
“scrapping”, in relation to a vessel, means permanently breaking up the vessel, or otherwise permanently disabling it, so that it is incapable of use for any seagoing purpose.
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.
3
Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in the Scheme to such payment shall be construed accordingly.
Eligibility for decommissioning grant
3
1
Any person who owns a registered fishing vessel —
a
which was acquired by him before 27th February 1992,
b
which is over 10 metres in length,
c
in respect of which there is a current licence which authorises the taking of fish of such descriptions as are not less extensive than the descriptions of fish that were authorised by any previous licence which applied in respect of the vessel on 27th February 1992,
d
which has spent at least 100 days at sea on fishing trips during each of the calendar years 1991 and 1992,
e
which is at least 10 years old at the date of the application, and
f
which, in the case of a vessel over 12 metres in length had, on 1st April 1993, a valid fishing vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 , or, in the case of any other vessel, in the opinion of the Ministers is fit for undertaking sea fishing trips without the need for major repairs or alterations,
is eligible for a decommissioning grant.
2
For the purposes of sub-paragraph (1)(d) above —
a
a “day” means all or any part of a period of 24 consecutive hours beginning at midnight,
b
time spent steaming between port and fishing ground and between one fishing ground and another shall be included in the calculation of days spent at sea.
3
For the purposes of sub-paragraph (1)(f) above, “length” in relation to a vessel means its registered length.
Application for decommissioning grant
4
1
The Ministers shall publish in such manner as they consider appropriate a notice inviting applications for grant under this Scheme and specifying the closing date for such applications.
2
An application made in pursuance of a notice under sub-paragraph (1) above shall be in writing in such form and manner and with such information and documentation as the Ministers may require and shall be delivered to such address as they may direct.
3
No more than one application in pursuance of a notice under sub-paragraph (1) above may be made in respect of a vessel.
4
The foregoing provisions of this paragraph shall apply in respect of any subsequent notices inviting applications for grant under this Scheme.
5
If an application for grant under this Scheme has been approved in respect of a vessel, no further application in respect of that vessel may be made under this Scheme.
5
An application for grant under this Scheme shall include a bid stating the amount of grant for which the applicant offers to scrap the vessel.
Consideration of applications
6
1
As soon as reasonably practicable after the date specified in a notice under paragraph 4(1) as the closing date for applications the Ministers shall —
a
identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,
b
divide the bid included in each such application by the number of capacity units of the vessel concerned, and
c
place each such application in rank according to the result of the calculation referred to in paragraph (b) above.
2
The Ministers may reject any such application for grant under this Scheme if they consider the amount of the bid in the application to be unreasonable, having regard to —
a
the extent to which approval of the application would contribute towards the objectives of the United Kingdom’s multiannual guidance programme for its fishing fleet pursuant to Council Regulation (EEC) No. 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector , as amended by Council Regulation (EEC) No. 3944/90 , Council Regulation (EEC) No. 2794/92 and Council Regulation (EEC) No. 3946/92 , and as approved in Commission Decision 92/593/EEC ;
b
the amount of money allocated for this Scheme.
3
The Ministers shall reject any application for grant under this Scheme if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by or under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
4
Subject to sub-paragraphs (2) and (3) above, the Ministers shall approve applications by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.
5
Where as a result of the procedure referred to in sub-paragraph (4) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been approved, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the amount of time spent at sea on fishing trips by each of the vessels concerned during the calendar years 1991 and 1992 with a view to giving preference to vessels that spent more time at sea in those years.
Approval of applications
7
1
The Ministers shall notify each applicant in writing of the result of his application.
2
Applicants whose bids have been approved shall be eligible for payment of grant.
3
For the purpose of enabling the United Kingdom to apply for reimbursement from the Commission of the European Communities in respect of the grants paid under this Scheme, applicants who are eligible for payment of grant under this Scheme may be required to provide the Ministers with evidence of the length between perpendiculars of the vessels concerned measured in accordance with Article 2(2) of the Council Regulation.
Conditions for payment of grant
8
No grant shall be paid under this Scheme unless the conditions set out in paragraphs 9 to 12 have been complied with.
9
The vessel shall not be scrapped before the applicant has been notified in accordance with paragraph 7(1).
10
1
The applicant shall ensure that the vessel is scrapped in a member State.
2
At least two weeks prior to the scrapping of the vessel the applicant shall notify the Ministers in writing of the intended date and place of scrapping and of the proposed method of scrapping.
11
1
The applicant shall surrender the licence in respect of the vessel to the Ministers.
2
The applicant shall take all necessary steps to ensure that the vessel is removed from the register.
3
The applicant shall furnish to the Ministers before 1st March 1994 a declaration that the vessel has been scrapped, that it has been removed from the register and that the licence in respect of the vessel has been surrendered.
12
The applicant shall take all necessary steps to ensure that any person authorised in writing by the Ministers shall on producing, if required to do so, some duly authenticated document to show his authority, have the right at any reasonable time to inspect the vessel, and the carrying out of its scrapping, for the purpose of establishing that the provisions of this Scheme have been met.
Amount of grant
13
The amount of decommissioning grant in respect of a vessel shall be the amount of the bid made by the applicant in his application.
False statements
14
If any person makes a false statement or furnishes false information in connection with an application for a decommissioning grant under this Scheme, any payment of grant to that applicant may at any time be refused and any such payment already made in relation to that application may be recovered as a civil debt or, in Scotland, as a debt.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th May 1993
Gwilyn Jones
Parliamentary Under Secretary of State, Welsh Office
24th May 1993
Patrick Mayhew
Secretary of State for Northern Ireland
25th May 1993
We approve,
Nicholas Baker
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 1993