text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1992 and shall come into force on 27th July 1992.
2
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
Application
2
1
Subject to paragraph (2), the amendments made to the 1989 Regulations by these Regulations apply to applications made on or after 27th July 1992.
2
The amendment to regulation 10(12) of the 1989 Regulations by regulation 3 of these Regulations applies where the Secretary of State determines an appeal against an enforcement notice on or after 27th July 1992.
Fee for deemed application in consequence of an enforcement appeal
3
In regulation 10(12) of the 1989 Regulations, after “site” insert —
or where, on the determination of the appeal, the Secretary of State issues a certificate under section 191 of the Town and Country Planning Act 1990 in accordance with section 177(1)(c) of that Act
.
Fees for applications for certificates of lawful use or development
4
After regulation 10 of the 1989 Regulations insert —
Fees for applications for certificates of lawful use or development
10A
1
Subject to paragraphs (2), (3), (4) and (9), where an application is made to a local planning authority under section 191 or 192 (certificate of lawful use or development) of the Town and Country Planning Act 1990 (the “1990 Act ”) a fee shall be paid to that authority.
2
This regulation shall not apply where the local planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.
3
Where all of the conditions set out in paragraph (4) are satisfied, this regulation shall not apply to —
a
an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant;
b
an application which is made following the refusal of an application (whether by the local planning authority or the Secretary of State on appeal) made by or on behalf of the same applicant;
c
an application which is made following the making of an appeal to the Secretary of State under section 195(1)(b) of the 1990 Act (appeal in default of decision) in relation to an application made by or on behalf of the same applicant.
4
The conditions referred to in paragraph (3) are —
a
that the application is made within 12 months of —
i
the date when the earlier application was made, in the case of a withdrawn application;
ii
the date when (by virtue of the relevant provisions of the General Development Order) the period for the giving of notice of a decision on the earlier application expired, in the case of an application which is made following an appeal under section 195(1)(b) of the 1990 Act; or
iii
the date of refusal, in any other case;
b
that the application relates to the same site as that to which the earlier application related, or to part of that site and to no other land;
c
that the local planning authority to whom the application is made are satisfied that it relates to a use, operation or other matter of the same description as the use, operation or matter to which the earlier application related and to no other use, operation or matter;
d
that the fee payable in respect of the earlier application was paid; and
e
that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from this regulation by paragraph (3).
5
Subject to paragraphs (6) to (10), the fee payable in respect of an application to which this regulation applies shall be —
a
in the case of an application under section 191(1)(a) or (b) (or under both paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be);
b
in the case of an application under section 191(1)(c), £55;
c
in the case of an application under section 192(1)(a) or (b) (or under both paragraphs), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).
6
Where a use specified in an application under section 191(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be £110 for each dwellinghouse, or £55 for each dwellinghouse if the use is established, subject to a maximum of £5,520.
7
Where a use specified in an application under section 191(1)(a) (other than a use to which paragraph (6) applies) is established, the fee payable in respect of that use shall be half the amount that would otherwise be payable in accordance with paragraph (5)(a).
8
Where an application is made under section 191(1)(a) or (b) (or under both paragraphs) and under section 191(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under section 191(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 191(1)(c).
9
In the case of an application which relates to land in the area of two or more local planning authorities, paragraph 8(2) of Part I of Schedule 1 shall apply for the purpose of determining the authority to whom the fee shall be payable and the amount payable as it applies in the case of an application for planning permission which relates to such land.
10
Where an application is made by or on behalf of a parish council or by or on behalf of a community council, the fee payable shall be one half of the amount that would otherwise be payable in accordance with paragraphs (5) to (9).
11
The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the local planning authority.
12
Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
13
In this regulation, a use shall be treated as established if it was certified as established by an established use certificate granted under section 194 or 195 of the 1990 Act, as originally enacted.
Fees for certain applications under the General Development Order
5
For regulation 11A of the 1989 Regulations substitute —
11A
1
Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Part 6, Part 7 or Part 31 of Schedule 2 to the General Development Order, a fee shall be paid to that authority of £20.
2
Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Amendment of Schedule 1 to the 1989 Regulations
6
In Schedule 1 to the 1989 Regulations —
a
delete paragraph 2 of Part I and paragraph 13 of the Table in Part II;
b
after paragraph 7 in Part I insert —
7A
Where an application relates to development to which section 73A of the Town and Country Planning Act 1990 applies, the fee payable in respect of the application shall be —
a
where the application relates to development carried out without planning permission, the fee that would be payable if the application were for planning permission to carry out that development;
b
£55, in any other case.
Revocation
7
Paragraph 3 of Schedule 3 to the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991 is hereby revoked.
Michael Howard
Secretary of State for the Environment
20th July 1992
David Hunt
Secretary of State for Wales
20th July 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations, which may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1992, shall come into force on 6th April 1992, and in these Regulations “the principal Regulations ” means the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990 .
Amendment of Regulations
2
1
The principal Regulations are amended in accordance with this regulation.
2
In regulation 2 (interpretation), the following definitions are inserted after the definition of “concessionary payment” —
“disability living allowance” means a disability living allowance under section 37ZA of the 1975 Act ;
“disability working allowance” means a disability working allowance under section 20 of the 1986 Act ;
.
3
In Schedule 1 to the principal Regulations (applicable amounts), in Part III (premiums) —
a
in paragraph 12(1)(a)(i), for the words “mobility allowance” there are substituted the words “disability living allowance, disability working allowance”;
b
for paragraph 12 (1)(a)(ii) there is substituted —
“was in receipt of invalidity pension under section 15 of the 1975 Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act and, if the invalidity pension was payable to his partner, the partner is still a member of the family, or”;
c
for paragraph 12(1)(a)(iii) there is substituted —
“was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the 1975 Act, or”;
d
in paragraph 13(2)(a)(i), (b)(i) and (3)(a), after the words “attendance allowance” in each place where they appear there are inserted the words “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the 1975 Act” ;
e
in paragraph 14(1)(b), for the words “attendance allowance or mobility allowance or both” there are substituted the words “disability living allowance”;
f
in paragraph 14A(2)(b) after the words “attendance allowance” there are inserted the words “or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the 1975 Act”.
4
In Schedule 3 to the principal Regulations (sums to be disregarded in the determination of income other than earnings), in paragraph 5 there are inserted at the end the words “or any disability living allowance”.
Transitional
3
In respect of any application for a grant made before 6th April 1992 the provisions of the principal Regulations shall apply as if these Regulations had not come into force.
Michael Heseltine
Secretary of State for the Environment
5th March 1992
David Hunt
Secretary of State for Wales
9th March 1992
We consent,
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bridgend and District National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th 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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Bridgend and District 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 Bridgend and District 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 Princess of Wales Hospital, Coity Road, Bridgend, Mid Glamorgan CF31 1RQ and associated hospitals;
b
to manage community health services provided from Nurses Hostel, School of Nursing, 71 Quarella Road, Bridgend, Mid Glamorgan CF31 1YE.
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
Mid Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
Mid Glamorgan 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 the 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 Mid Glamorgan 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.
David Hunt
Secretary of State for Wales
29th October 1992


text:
1
This Order may be cited as the New Town (East Kilbride) Winding Up Order 1992 and shall come into force on 1st March 1992.
2
In this Order, “development corporation” means the East Kilbride Development Corporation established by the New Town (East Kilbride) (Development Corporation) Order 1947 .
3
The development corporation shall be wound up and the winding up shall —
a
commence on 1st March 1992; and
b
be completed by 31st December 1995.
4
The development corporation shall make an interim report to the Secretary of State on the progress of the winding up for the period from 1st March 1992 to 31st March 1993 and thereafter for the annual period to 31st March in each subsequent year, and shall submit any such report to the Secretary of State by 30th June in each year.
5
The development corporation shall comply with any directions made by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968 .
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
24th February 1992


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax Act (Special Provisions) Order 1992, and shall come into operation on 1st January 1993.
Interpretation
2
In this Order —
“ the Act ” means the Value Added Tax Act 1983;
“the Manx Act ” means the Value Added Tax and Other Taxes Act 1973 ;
“aircraft mortgage” means a mortgage which is registered in accordance with the Mortgaging of Aircraft Order 1972 and by virtue of which an aircraft is made security for a loan;
“caravan” includes a motor caravan but does not include a caravan of a description specified in item (1) of Group 11 of Schedule 5 to the Act;
“finance agreement” means an agreement for the sale of goods whereby the property in those goods is not to be transferred until the whole of the price has been paid and the seller retains the right to repossess the goods;
“firearms” means rifles, shotguns, pistols (including revolvers) and air guns but does not include a weapon specified by section 5(1) of the Firearms Act 1968
“insurer” means a person permitted, in accordance with section 2 of the Insurance Companies Act 1982 , to effect and carry out contracts of insurance against risks of loss of or damage to goods;
“marine mortgage” means a mortgage which is registered in accordance with the Merchant Shipping Act 1894 and by virtue of which a boat (but not any share thereof) is made a security for a loan;
“motor cycle” includes a motor bicycle, motor tricycle or motor scooter (whether or not a sidecar is attached), a bicycle or tricycle with an attachment for propelling it by mechanical means and any mechanically propelled vehicle with three wheels capable of accommodating only one person;
“printed matter” includes printed stationery but does not include anything produced by typing, duplicating or photo-copying;
“works of art”, “antiques” and “collectors' pieces” means the following goods —
paintings, drawings and pastels, executed by hand, other than hand-painted or hand-decorated manufactured articles;
original engravings, prints and lithographs;
original sculptures and statuary, in any material;
antiques, of an age exceeding one hundred years, except pearls and loose gem stones;
collection and collectors' pieces of zoological, botanial, mineralogical, anatomical, historical, archaeological, paleontological or ethnographic interest.
Revocations
3
The provisions specified in the first column of the Schedule to this Order are hereby revoked to the extent specified in the second column of that Schedule.
Treatment of transactions
4
1
Each of the following descriptions of transactions shall be treated as neither a supply of goods nor a supply of services —
a
the disposal of any of the goods described in paragraph (3) below by a person who repossessed them under the terms of a finance agreement;
b
the disposal of any of the goods described in paragraph (3) below by an insurer who has taken possession of them in the settlement of a claim under a policy of insurance;
c
the disposal of a boat by a mortgagee after he has taken possession thereof under the terms of a marine mortgage;
d
the disposal of an aircraft by a mortgagee after he has taken possession thereof under the terms of an aircraft mortgage;
if, in each case, the goods so disposed of are in the same condition at the time of disposal as they were when they were repossessed or taken into possession, as the case may be, and if a supply of them in the United Kingdom by the person from whom in each case they were obtained would not have been chargeable with tax, or would have been chargeable with tax on less than the full value of such supply.
2
Paragraph (1) of this article shall not apply to reimported goods which were previously exported from the United Kingdom or the Isle of Man free of tax chargeable under the Act or value added tax chargeable under Part I of the Manx Act by reason of the zero-rating provisions of the Act or the Manx Act or regulations made thereunder, or to imported goods which have not borne tax chargeable under either of those Acts in the United Kingdom or the Isle of Man.
3
The goods referred to in paragraphs (a) and (b) of paragraph (1) above are as follows:
a
works of art, antiques and collectors' pieces;
b
motor cycles;
c
caravans;
d
boats and outboard motors;
e
electronic organs;
f
aircraft;
g
firearms.
5
1
Subject to paragraph (2) below, there shall be treated as neither a supply of goods nor a supply of services the following supplies by a person of assets of his business —
a
their supply to a person to whom he transfers his business as a going concern where —
i
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor, and
ii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act;
b
their supply to a person to whom he transfers part of his business as a going concern where —
i
that part is capable of separate operation,
ii
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor in relation to that part, and
iii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act.
2
A supply of assets shall not be treated as neither a supply of goods nor a supply of services by virtue of paragraph (1) above to the extent that it consists of —
a
a grant which would, but for an election which the transferor has made, fall within item 1 of Group 1 of Schedule 6 to the Value Added Tax Act 1983 ; or
b
a grant of a fee simple which falls within paragraph (a) of item 1 of Group 1 of Schedule 6 to the Value Added Tax Act 1983,
unless the transferee has made an election in relation to the land concerned which has effect on the relevant date and has given any written notification of the election required by paragraph 3(6) of Schedule 6A to the Value Added Tax Act 1983 no later than the relevant date.
3
In paragraph (2) of this article —
“election” means an election having effect under paragraph 2 of Schedule 6A to the Value Added Tax Act 1983;
“relevant date” means the date upon which the grant would have been treated as having been made or, if there is more than one such date, the earliest of them;
“transferor” and “transferee” include a relevant associate of either respectively as defined in paragraph 3(8) of Schedule 6A to the Value Added Tax Act 1983.
4
There shall be treated as neither a supply of goods nor a supply of services the assignment by an owner of goods comprised in a hire-purchase or conditional sale agreement of his rights and interest thereunder, and the goods comprised therein, to a bank or other financial institution.
6
The following description of transaction shall be treated as a supply of services and not as a supply of goods —
the exchange of a reconditioned article for an unserviceable article of a similar kind by a person who regularly offers in the course or furtherance of his business to provide a reconditioning facility by that means.
Self-supply
7
1
Where a person in the course or furtherance of any business carried on by him produces printed matter and the printed matter —
a
is not supplied to another person or incorporated in other goods produced in the course or furtherance of that business; but
b
is used by him for the purpose of a business carried on by him;
then, subject to paragraph (2) below, the printed matter shall be treated for the purposes of the Act as both supplied to him for the purpose of that business and supplied by him in the course or furtherance of that business.
2
Paragraph (1) of this article does not apply if —
a
the person is a fully taxable person;
b
the value of the supplies falling to be treated as made by and to that person would not, if those were the only supplies made or to be made by that person, make him liable to be registered for value added tax pursuant to the provisions of Schedule 1 to the Act; or
c
the Commissioners, being satisfied that the tax (if any) which would be attributable to the supplies after allowing for any credit under sections 14 and 15 of the Act would be negligible, have given, and have not withdrawn, a direction that the paragraph is not to apply.
3
For the purposes of sub-paragraph (2)(a) above, a person is a fully taxable person if the only input tax of his to which he is not entitled to credit at the end of any prescribed accounting period or longer period is input tax which is excluded from any credit under section 14 of the Act by virtue of any Order made under sub-section (10) of that section.
4
The preceding provisions of this article shall apply in relation to any bodies corporate which are treated for the purposes of section 29 of the Act as members of a group as if those bodies were one person, but any printed matter which would fall to be treated as supplied to and by that person shall be treated as supplied to and by the representative member.
Relief for certain goods
8
1
Subject to paragraph (3) below, paragraph (4) below shall apply to the supply of any of the following goods by a taxable person, where he has taken possession of those goods in any of the circumstances set out in paragraph (2) below —
a
works of art, antiques and collectors' pieces;
b
used motor cycles;
c
used caravans;
d
used boats and outboard motors;
e
used electronic organs;
f
used aircraft;
g
used firearms.
2
The circumstances mentioned in paragraph (1) above are that the taxable person took possession of the goods —
a
on a supply in respect of which no tax was chargeable under the Act or under Part I of the Manx Act;
b
a supply on which tax chargeable under either of those Acts was chargeable in accordance with paragraph (4) below or a corresponding provision made under the Manx Act;
c
pursuant to a transaction which was treated by virtue of any Order made under section 3(3) of the Act or under the corresponding provisions of the Manx Act as being neither a supply of goods nor a supply of services;
d
(if the goods are a work of art, an antique or a collectors' piece) on their importation where (whether by virtue of article 9 below or otherwise) no tax was chargeable on their importation.
3
Paragraph (4) below does not apply to —
a
a supply which is a letting on hire;
b
a supply if an invoice or similar document showing an amount as being tax or as being attributable to tax is issued in respect of the supply;
c
any supply by a taxable person unless he keeps such records and accounts as the Commissioners may specify in a notice published by them for the purposes of this Order or may recognise as sufficient for those purposes;
d
a supply of an air gun unless the taxable person is registered for the purposes of the Firearms Act 1968.
4
Where this paragraph applies, tax shall be charged as if the supply of any of the goods referred to in paragraph (1) above were for a consideration equal to the excess of —
a
the consideration for which the goods are supplied, over
b
the relevant amount,
and accordingly shall not be charged unless there is such an excess.
5
For the purposes of sub-paragraph (b) of paragraph (4) above, the relevant amount is —
a
if the goods and services in question had been supplied to the taxable person, the consideration for the supply to him;
b
if the goods in question had been acquired by him from another member State, the value of their acquisition plus the tax chargeable thereon;
c
if the goods in question had been imported by him, the value of the goods for the purposes of charging tax on importation plus any tax chargeable on their importation.
Relief from tax on importation
9
1
This article applies to —
a
paintings, drawings and pastels, executed by nand, other than hand-painted or hand-decorated manuactured articles, original engravings, prints and litho graphs, original sculptures and statuary, in any material, which were obtained by any person (otherwise than by his producing them or by succession on the death of the person producing them) before 1st April 1973;
b
antiques, of an age exceeding one hundred uears (except pearls and loose gem stones), collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, paleontological or ethnographic interest.
2
Tax shall not be chargeable on the importation from a place outside the member States of any goods to which this article applies.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
This Order may be cited as the A23 Trunk Road (Purley Way, Croydon) (Prohibition of U-Turns) Order 1992 and shall come into force on 5th May 1992.
2
In this Order —
“Purley Way” means that length of the A23 Trunk Road in the London Borough of Croydon known as Purley Way; and
“the junction” means the junction of Purley Way with the roads known as Edgehill Road and Highfield Road in the London Borough of Croydon.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding in Purley Way to make a U-turn at the junction so as to proceed in the opposite direction.
4
Nothing in article 3 of this Order shall apply to anything done with the permission or at the direction of a constable in uniform.
Signed by authority of the Secretary of State for Transport
J. C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
27th April 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (remuneration) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations “ principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Contributions based on remuneration including provision of motor vehicles
2
In the principal Regulations after regulation C16 ther shall be inserted the following new regulation —
Contributions based on remuneration including provision of motor vehicles
C17
1
This regulation applies to aperson whose contribution under regulation C2 or C3 in respect of a pewriod including 31st December 1992 is based on a remuneration which, for the purposes of these Regulations in force at that date, includes an amount representing the money value to him of the provision of a motor vehicle.
2
Notwithstanding the definition of “remuneration” in Schedule 1 to these Regulations, the money value, to a person to whom this regulation applies, of the provision of a motor vehicle shall be treated as included in his remuneration for the purposes of these Regulations until the earlier of the date on which —
a
a motor vehicle is no longer provided for him; or
b
he ceases to be employed by the employing authority employing him on 31st December 1992.
.
Saving for appeals concerning provision of motor vehicles
3
In the principal Regulations after regulation N8 there shall be inserted the following new regulation —
Appeals concerning provision of motor vehicles
N9
No appeal may be served on the Secretary of State under regulation N8 on or after 1st April 1993 requesting the Secretary of State to determine that a person’s remuneration for the purposs of these Regulation should, in respect of a period ending on or before 31st December 1992, include the money value to him of the provision of a motor vehicle.
.
remuneration to exclude value of motor vehciles and certain payments by Urban Development Corporations
4
In Schedule 1 to the Regulations the definition of “remuneration” shall be amended as follows —
a
at the end of paragraph (d) the word “or” shall be omitted.
b
the following paragraphs shall be added after paragraph (e) —
f
any payment made to an employee by an urban development corporation as an inducement to the employee not to terminate his employment wit the corporation before the payment is made; or
g
the money value to the employee of the provision of a motor vehicle.
.
Michael Howard
Secretary of State for the Environment
9th December 1992


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) (No. 4) Regulations 1992 and shall come into force on 22nd December 1992.
2
Regulation 7 (initial and subsequent cost of leases) of the Local Authorities (Capital Finance) Regulations 1990 shall be amended as follows —
i
in paragraphs (2) and (6), for the words “or paragraph (4)”, wherever they occur, there shall be substituted “, (4) or (5A)”;
ii
in paragraph (3)(a), for “ten”, there shall be substituted “five”;
iii
in paragraph (5), of the definition of “qualifying dwelling” there shall be substituted —
“qualifying dwelling” means a dwelling-house which was let or occupied at any time during the period beginning on 23rd November 1989 and ending on 22nd Feburary 1990 under a tenancy or a licence to occupy which was an excluded tenancy;
iv
after paragraph (5), there shall be added —
5A
This paragraph applies to a lease of land where —
a
the lease is of a relevant dwelling-house;
b
the term of the lease does not exceed two years and ends not later than 21st December 1995;
c
the local authority become the lessees on the expiry of another leasehold interest (in this regulation referred to as “the preceding interest”) in the relevant dwelling-house which was acquired by the authority or another local authority on or before 21st December 1992; and
d
the preceding interest was granted by a lease falling within paragraph (3) or (4) above.
5B
In paragraph (5A) above, “relevant dwelling-house” means a dwelling-house which, immediately before the expiry of the preceding interest, was let or occupied under a tenancy or licence to occupy which was an excluded tenancy.
;
v
in paragraph (6), after paragraph (a), there shall be inserted —
aa
the lease is not of a dwelling-house which at any time on or after 1st April 1990 was let or occupied under a tenancy or licence to occupy which was an excluded tenancy”;
vi
in paragraph (7), after “(4)”, there shall be inserted “, (5A)”;
vii
for paragraph (11) there shall be substituted —
11
In this regulation —
“the term of the lease” means the period unexpired at the date the authority become the lessees;
“dwelling-house” and “secure tenancy” have the same meaning as in Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants);
“excluded tenancy” means a tenancy or licence to occupy which is excluded from being a secure tenancy by virtue of paragraph 4 or 6 of Schedule 1 to the Housing Act 1985.
.
Michael Howard
Secretary of State for the Environment
21st December 1992
David Hunt
Secretary of State for Wales
21st December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment No. 2) Regulations 1992 and shall come into force on14th December 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
for the definition of “qualifying certificate of deposit” there shall be substituted —
“qualifying certificate of deposit” has the meaning given by section 349(4) of the Taxes Act;
“qualifying deposit right” has the meaning given by section 349(4) of the Taxes Act reading “paid” as “paid or credited”;
b
the definition of “exempt friendly society” shall be omitted.
4
1
Subject to paragraph (2), in regulation 4 —
a
in paragraph (1) —
i
sub-paragraph (e) shall be omitted;
ii
for sub-paragraph (g) there shall be substituted —
g
a payment to a company within the meaning of section 832(1) of the Taxes Act;
;
iii
sub-paragraph (i) shall be omitted;
iv
in sub-paragraph (j) after the words “qualifying certificate of deposit” there shall be inserted the words “, qualifying deposit right”;
v
after sub-paragraph (p) there shall be added —
q
a payment to a health service body within the meaning of section 519A of the Taxes Act ;
r
a payment to trustees of a unit trust scheme within the meaning ofsection 75(8) of the Financial Services Act 1986 .
;
b
paragraphs (2), (3) and (4) shall be omitted.
2
The amendments made by paragraph (ii) of sub-paragraph (a), and by sub-paragraph (b), of paragraph (1) above shall not have effect in relation to an election made under sub-paragraph (g) of paragraph (1) of regulation 4 which was in force immediately before the date of coming into force of these Regulations, and accordingly such an election shall continue in full force and effect unless and until it ceases to be in force by virtue of paragraph (2) of regulation 4 or is revoked pursuant to that paragraph.
5
In regulation 11 —
a
in paragraph (2A) —
i
the words “Subject to paragraph (2B),” shall be inserted before the words “a building society”;
ii
for “sub-paragraphs (d) to (f) or (k)” there shall be substituted “sub-paragraphs (d), (f), (g), (k) or (r)”;
b
after paragraph (2A) there shall be inserted —
2B
Paragraph (2A) shall not apply to —
a
a payment of interest made to a building society on a loan made by a building society, or
b
a payment of interest made to a company in relation to which an election under sub-paragraph (g) of paragraph (1) of regulation 4 was in force immediately before 14th December 1992 and remains in force at the time of the payment.
.
6
In paragraph (1) of regulation 12 —
a
for “(1) to (4)” there shall be substituted “(1), (2) and (4) to (4C)” ;
b
the word “and” immediately following sub-paragraph (a) shall be omitted;
c
for sub-paragraph (b) there shall be substituted —
b
for the word “banking” in subsection (1) there were substituted the words “a building society”;
;
d
after sub-paragraph (b) there shall be added —
c
in paragraph (a) of subsection (4B) —
i
for the reference to a declaration made under section 481(5)(k)
of the Taxes Act and the operation of section 482(5) of that Act in relation to that declaration there were substituted a reference to declarations made under regulations 11(1) and (2) and the operation of regulation 11(4) in relation to those declarations, and
ii
for the reference to section 480A(1) of the Taxes Act there were substituted a reference to regulation 3; and
d
in paragraph (b) of subsection (4B) for the word “declaration” there were substituted the word “declarations”.
.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
19th November 1992


text:
1
The London — Carlisle — Glasgow — Inverness Trunk Road (Cavendish Bridge and Shardlow Diversion) Order 1938 is hereby revoked.
2
This Order shall come into force on 14th February 1992 and may be cited as the London — Carlisle — Glasgow — Inverness Trunk Road (Cavendish Bridge and Shardlow Diversion) Order 1938 (Revocation) Order 1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
1
The M4 Motorway Castleton — Coryton (Connecting Roads, Special Roads) Scheme is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Welsh Office Repository, Curran Embankment, Cardiff and at the offices of South Glamorgan County Council, County Hall, Atlantic Wharf, Cardiff.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The M4 Motorway Castleton — Coryton (Connecting Roads, Special Roads) Scheme 1992 Confirmation Instrument 1992.
Signed by authority of the Secretary of State
K. J. Thomas
Director of Highways Welsh Office
8th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1992 and shall come into force on 1st January 1993.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
Amendments to regulation (3) (interpretation)
3
1
Regulation 3 shall be amended as follows.
2
In the Table in regulation 3(2), the definition of “closely-spaced” shall be omitted.
3
In paragraph (8), for “1.02” there shall be substituted “0.5”.
4
After paragraph (8), there shall be inserted the following paragraph —
8A
For the purposes of these Regulations, a reference to axles being closely-spaced is a reference to —
a
two axles (not being part of a group of axles falling within sub-paragraph (b) or (c)) which are spaced at a distance apart of not more than 2.5m;
b
three axles (not being part of a group of axles falling within sub-paragraph (c)) the outermost of which are spaced at a distance apart of not more than 3.25m; or
c
four or more axles the outermost of which are spaced at a distance apart of not more than 4.6m;
the number of axles for the purposes of these paragraphs being determined in accordance with paragraph (8); and a reference to any particular number of closely-spaced axles shall be construed accordingly.
5
In paragraph (10), after the words “For the purpose of” there shall be inserted the words “paragraph (8A) above,” and the words “and of the definition in paragraph (2) of the expression “closely-spaced”” shall be omitted.
Amendments to regulation 75 (maximum permitted laden weight of a vehicle)
4
1
Regulation 75 shall be amended as follows.
2
In the Table in regulation 75 —
a
in item 1 —
i
in the entry in column 2, for “2,” there shall be substituted “1A, 2,” and there shall be added at the end the words “(see regulation 78(3) to (6) in relation to buses)” and
ii
for the entry in column 3, there shall be substituted “The weight determined in accordance with Part I of Schedule 11”;
b
after item 1, there shall be inserted the following item —
1A
A wheeled heavy motor car or motor car which is not described initem 2, 4, or 5, which complies with the relevant braking requirementand in which —
every driving axle not being a steering axle is fitted with twin tyres; and
either every driving axle is fitted with road friendly suspension or no axle has an axle weight exceeding 9,500kg.
The weight determined in accordance with Part IA of Schedule 11
c
for item 4, there shall be substituted the following item —
4 An articulated bus (see regulation 78(3) to (5)) 27,000
3
After paragraph (3), there shall be inserted the following paragraph —
3A
Nothing in item 1 or 1A of the Table shall prevent a vehicle being used on a road if —
a
a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and
b
the laden weight of the vehicle does not exceed the weight shown in that certificate as being the weight not to be exceeded in Great Britain
.
4
In paragraph (4) —
a
for the words “In this regulation and regulation 76 — ” there shall be substituted the words “In this Part of these Regulations and in Schedule 11 — ”; and
b
before the definition of “balanced agricultural trailer” there shall be inserted the following definitions —
“air spring” means a spring operated by means of air or other compressible fluid under pressure;
“air suspension” means a suspension system in which at least 75 per cent of the spring effect is caused by an air spring.
5
After paragraph (4), there shall be inserted the following paragraphs —
5
For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with a road friendly suspension if its suspension is —
a
an air suspension, or
b
a suspension, not being an air suspension, which is regarded as being equivalent to an air suspension for the purposes of Community Directive 92/7.
6
For the purposes of this Part of these Regulations and Schedule 11, an axle shall be regarded as fitted with twin tyres if it would be regarded as fitted with twin tyres for the purposes of Community Directive 92/7 .
Amendments to regulation 76 (maximum permitted laden weight of avehicle and trailer, other than an articulated vehicle)
5
1
Regulation 76 shall be amended as follows.
2
For paragraph (2), there shall be substituted the following paragraph —
2
In this regulation, the expressions “road friendly suspension”, “twin tyres” and “unbalanced agricultural trailer” shall be construed in accordance with regulation 75(4), (5) and (6)
.
3
In the Table —
a
for item 1, there shall be substituted the items set out in Schedule 1 to these Regulations; and
b
in item 3 in column 2, after “1” there shall be inserted “, 1A, 1B, 1C”.
Amendments to regulation 77 (maximum permitted laden weight of an articulated vehicle)
6
In regulation 77, after paragraph (2) there shall be inserted the following paragraph —
3
In Part IV of Schedule 11, “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(5) and (6)
.
Amendments to regulation 78 (maximum permitted wheel and axle weights)
7
Regulation 78 shall be amended as follows —
a
in item 3, in sub-paragraph (a) of column 2 of the Table,
i
for the word “if” there shall be substituted the word “where”,
ii
the word “two” shall be omitted, and
iii
the words after “closely-spaced axles” to the end of the sub-paragraph shall be omitted;
b
in paragraph (3), the words “item 4 in the Table in” shall be omitted.
c
after paragraph (5), there shall be inserted the following paragraph —
6
Regulation 75 shall not apply to a two axle bus if —
a
its laden weight as calculated in accordance with paragraph (5) does not exceed 17,000kg; and
b
the distance between the two axles is at least 3.0m.
Amendments to regulation 79 (maximum permitted weights for certain closely-spaced axles etc. )
8
1
Regulation 79 shall be amended as follows.
2
For paragraphs (2), (3) and (4), there shall be substituted the following paragraphs —
2
Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part V of Schedule 11 and has two closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the maximum permitted weight specified in column 3 of that item.
3
Save as provided in paragraph (5), where a vehicle to which this regulation applies is of a description specified in an item in column 2 of Part VI of Schedule 11 and has three closely-spaced axles, the total weight transmitted to the road surface by all the wheels of those axles shall not exceed the weight specified in column 3.
4
Save as provided by paragraph (5), where a vehicle is fitted with four or more closely-spaced axles, the weight transmitted to the road surface by all the wheels of those axles shall not exceed 24,000kg.
3
In paragraph (5), for the words “and nothing in paragraph (3)” onwards, there shall be substituted the words —
and nothing in those paragraphs shall prevent a vehicle being used on a road if —
a
a plating certificate in respect of the vehicle was in force immediately before the 1st January 1993; and
b
no axle has an axle weight exceeding the weight shown in that certificate as being the weight not to be exceeded in Great Britain for that axle.
4
For paragraphs (6), (7) and (8) there shall be substituted the following paragraph —
6
In Parts V and VI of Schedule 11, “air-suspension” “road friendly suspension” and “twin tyres” shall be construed in accordance with regulation 75(4), (5) and (6).
Amendments to Schedule 2
9
1
In Table I of Schedule 2 —
a
after item 48, there shall be inserted the following item —
48A 85/3 19.12.84 L2, 3.1.85, p.14 The weights dimensions and other technical characteristics of certain road vehicles
b
after item 50, there shall be inserted the following item —
50A 86/360 24.7.86 L217, 5.8.86, p.19 The weights dimensions and other technical characteristics of certain road vehicles 85/3
c
after item 55, there shall be inserted the following item —
55A 88/218 11.4.88 L98, 15.4.88, p.48 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360
d
after item 56, there shall be inserted the following item —
56A 89/338 27.4.89 L142, 25.5.89, p.3 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360 and 88/218
e
after item 57, there shall be inserted the following items —
57A 89/460 18.7.89 L226, 3.8.89, p.5 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360, 88/218 and 89/338 57B 89/461 18.7.89 L226, 3.8.89, p.7 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360, 88/218, 89/338 and 89/460
f
after item 60, there shall be inserted the following item —
60A 91/60 4.2.91 L37, 9.2.91, p.37 The weights dimensions and other technical characteristics of certain vehicles 85/3 as amended by 86/360, 88/218, 89/338, 89/460 and 89/641
g
after item 61, there shall be inserted the following item —
62 92/7 10.2.91 L57, 2.3.92, p.29 The weights dimensions and other technical characteristics of certain road vehicles 85/3 as amended by 86/360, 88/218, 89/338, 89/460 and 89/641
2
In Table II of Schedule 2, items 9A and 9B shall be re-numbered as items 23 and 24 and instead of appearing immediately after item 9 shall be inserted after item 22.
Amendments to Schedule 11
10
In Schedule 11 —
a
for Part I, there shall be substituted the provisions set out in Part I of Schedule 2 to these Regulations;
b
after Part I, there shall be inserted the Part set out in Part II to Schedule 2 to these Regulations;
c
for Part IV, there shall be substituted the provisions set out in Part III of Schedule 2 to these Regulations;
d
for Part V, there shall be substituted the provisions set out in Part IV of Schedule 2 to these Regulations;
e
for Part VI, there shall be substituted the provisions set out in Part V of Schedule 2 to these Regulations; and
f
Part VII shall be omitted.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
20th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wiltshire Ambulance Service 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 Wiltshire Ambulance Service 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 manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Service Headquarters, Malmesbury Road, Chippenham, Wilts.SN15 5LN and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 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 Swindon Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Swindon 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 Swindon Health Authority.
Restrictions on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Personal Community Charge (Exemption for the Severely Mentally Impaired) Order 1992 and shall come into force on 1st April 1992.
The severely mentally impaired
2
Paragraph 4(2) of Schedule 1 to the Local Government Finance Act 1988 is amended —
a
by deleting paragraph (h);
b
by adding after paragraph (j) —
k
he is entitled for the day to the care component of a disability living allowance under section 37ZB of the Social Security Act 1975 payable to him at the highest rate under subsection (4)(a) of that section or at the middle rate under subsection (4)(b) of that section;
l
he is entitled for the day to a disability working allowance under section 20 of the Social Security Act 1986 for which the qualifying benefit is one falling within subsection (6B)(a)(i), (ii) or (iii) of that section.
.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
2nd March 1992
David Hunt
Secretary of State for Wales
4th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ayrshire and Arran Community Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Ayrshire and Arran Community Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Ayrshire and Arran Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act .
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage facilities at the hospital establishments known as Ailsa Hospital, Arrol Park Resource Centre, Brooksby House Hospital, Davidson Cottage Hospital, Holmhead Hospital, Kirklandside Hospital and Lady Margaret House, all Ayrshire, and associated establishments, including management of the facilities provided at and from those establishments and at Crosshouse Hospital, Kilmarnock and Ayrshire Central Hospital, Irvine and also including the management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Ayrshire and Arran Health Board shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Ayrshire and Arran Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Ayrshire and Arran Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State,
Scottish Office St Andrew’s House,
Edinburgh
22nd December 1992


text:
Preliminary
1
These Regulations may be cited as the Road Vehicles (Prohibition) Regulations 1992 and shall come into force on 1st July 1992.
Interpretation
2
1
In these Regulations —
“the 1981 Regulations ” means the Motor Vehicles (Tests) Regulations 1981 as from time to time amended;
“the 1988 Regulations ” means the Goods Vehicles (Plating and Testing) Regulations 1988 as from time to time amended;
“the 1988 Act ” means the Road Traffic Act 1988;
“authorised constable” means a constable authorised to act for the purpose of section 72 of the 1988 Act by or on behalf of a chief officer of police;
“vehicle examiner” has the meaning given by section 66A of the 1988 Act;
“prohibition” means a prohibition under section 69 of the 1988 Act; and
“relevant test certificate”, in relation to a prohibition, means a test certificate issued in respect of the vehicle after the prohibition had been imposed.
2
A reference to an inspection by a vehicle examiner shall be read as including a reference to an inspection under the direction of a vehicle examiner.
Exemptions from section 71(1) of the 1988 Act
3
1
The driving of a vehicle on a road —
a
solely for the purpose of submitting it by previous arrangement for a specified time on a specified date for an inspection by a vehicle examiner or authorised constable with a view to the removal of the prohibition;
b
solely for the purpose of submitting it by previous arrangement for a specified time on a specified date for an inspection by a vehicle examiner with a view to the removal of the prohibition and the issue of either a test certificate or a goods vehicle test certificate;
c
in the course of an inspection with a view to the removal of a prohibition; or
d
within 3 miles from where it is being, or has been, repaired solely for the purpose of its test or trial with a view to the removal of a prohibiton,
is exempted from section 71(1)(a) and (b) of the 1988 Act.
2
Where a prohibition has been imposed with a direction under section 69A(3) of the 1988 Act, the driving of the vehicle on a road solely for the purpose of submitting it by previous arrangement at a specified time for an examination under section 45(3) of the 1988 Act with a view to obtaining a test certificate or bringing it away from such an examination is exempted from section 71(1)(a) and (b) of that Act.
3
Where —
a
a prohibition has been imposed with a direction under section 69A(3) of the 1988 Act, and
b
a relevant test certificate has been issued,
the driving of the vehicle on a road to a police station with a view to the prohibition being removed under regulation 4(3) of these Regulations is exempted from section 71(1)(a) and (b) of that Act.
Removal of prohibitions imposed with a direction under section 69A(3) of the 1988 Act
4
1
This regulation applies where a prohibition has been imposed with a direction under section 69A(3) of the 1988 Act.
2
Where a vehicle examiner has issued a relevant test certificate, the prohibition may be removed by —
a
the vehicle examiner who issued the certificate, or
b
a person who has been authorised for the purpose by or on behalf of the Secretary of State and to whom the certificate has been produced.
3
The prohibition may also be removed by a person who has been authorised for the purpose by or on behalf of a chief officer of police and to whom a relevant test certificate has been produced at a police station.
Removal of prohibitions imposed with a direction under section 69A(4)
5
1
This regulation applies where a prohibition has been imposed under section 69A(4) of the 1988 Act.
2
The requirements relating to the inspection of the vehicle which have to be complied with before the prohibition can be removed are that the vehicle must have been inspected by a vehicle examiner or an authorised constable.
Appeals relating to prohibitions
6
1
This regulation applies to appeals to the Secretary of State under section 72(5) of the 1988 Act (appeals against the refusal of a vehicle examiner or authorised constable to remove a prohibition).
2
Every appeal to which the section applies shall be made within 14 days of the date on which the vehicle examiner or authorised constable refused to remove the prohibition in question.
3
Every such appeal shall —
a
be in writing; and
b
contain a statement of the grounds on which it is made,
and shall be delivered to the Secretary of State.
4
Every such appeal relating to a goods vehicle shall be accompanied by such fee as is payable in respect of the vehicle under regulation 25 of the 1988 Regulations on an appeal to the Secretary of State under those Regulations.
5
Every such appeal relating to a vehicle other than a goods vehicle shall be accompanied by such fee as is payable in respect of the vehicle under regulation 21 of the 1981 Regulations on an appeal under those Regulations.
Fees relating to inspection of goods vehicles
7
1
This regulation shall have effect for the purpose of prescribing the scales and rates of fees for the inspection of a vehicle which is of a class to which regulations under section 49 of the 1988 Act apply with a view to the removal of a prohibition.
2
Subject to paragraph (3) below, the fee shall be such fee as is payable in respect of the vehicle under regulation 12 of the 1988 Regulations on an application for a periodical test.
3
If after an inspection of a vehicle a vehicle examiner refuses to remove the prohibition, the fee for a further inspection shall be such fee (if any) as would be payable in like circumstances under regulation 16 of the 1988 Regulations for a re-test of the vehicle after a notification of a refusal of a goods vehicle test certificate.
4
Regulations 12(4) and 16(2A) of the 1988 Regulations shall apply with appropriate modification to an inspection carried out on a Saturday at the request of the applicant.
Fees relating to the inspection of vehicles other than goods vehicles
8
1
This regulation shall have effect for the purpose of prescribing the scales and rates of fees for the inspection of a vehicle, not being a vehicle to which regulation 7 applies, with a view to the removal of a prohibition.
2
Subject to paragraph (3) below, the fee shall be such fee as is payable under regulation 20 of the 1981 Regulations for an examination pursuant to an application made under regulation 12 of those Regulations.
3
Regulation 20(2A), (3), (3A) and (4) of the 1981 Regulations shall apply with appropriate modification to an inspection or further inspection after a vehicle has failed an inspection.
Revocations
9
The Goods Vehicles (Prohibitions) (Exemptions and Appeals) Regulations 1987 and the Public Passenger Vehicles (Exemptions, and Appeals Against Refusals to Issue Certificates or Remove Prohibitions) Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
3rd June 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1992 and shall come into force on 9th March 1992.
2
In these Regulations “ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of the Social Security (Hospital In-Patients) Regulations 1975
2
In paragraph (3)(b)(ii) of regulation 17 of the Social Security (Hospital In-Patients) Regulations 1975 (calculation of periods), after the words “incorporated by Royal Charter” there shall be inserted the words “other than a local social services authority”.
Amendment of the Social Security (Medical Evidence) Regulations 1976
3
1
The Social Security (Medical Evidence) Regulations 1976 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (evidence of incapacity for work and confinement), for the words from “by means of a certificate” to the end there shall be substituted the following words — 1
a
by means of a certificate in the form of a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations on the form set out in Part II of that Schedule; or
b
where a doctor —
i
has not given a statement under sub-paragraph (a)
of this paragraph since the patient was examined and wishes to give such a statement but more than one day has passed since the examination; or
ii
advises that the patient should refrain from work on the basis of a written report from another doctor, set out in Part I of Schedule 1A to these Regulations on the form set out in Part II of that Schedule; or
c
by such other means as may be sufficient in the circumstances of any particular case.
.
3
After Schedule 1 there shall be inserted the Schedule set out in Schedule 1 to these Regulations.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
1
The Social Security Benefit (Dependency) Regulations 1977 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 9A (apportionment of payments by way of occupational pension made otherwise than weekly), for the words “occupational pensions” in both places where they occur there shall be substituted the words “occupational or personal pension”.
3
In regulation 13(2) (increase of unemployment benefit, sickness benefit and invalidity pension for persons over pensionable age) after the reference “paragraph 1(b)” there shall be inserted a reference “, paragraph 1(d)”.
Amendment of the Statutory Sick Pay (General) Regulations 1982
5
In regulation 22 of the Statutory Sick Pay (General) Regulations 1982 (penalties) —
a
for paragraph (a) there shall be substituted the following paragraph — 1
a
for any one offence, level 3 on the standard scale; or
; and
b
in paragraph (b) —
i
after the words “continuing any such” there shall be inserted the words “contravention or”, and
ii
for the sum of “ £20” there shall be substituted a sum of “ £40”.
Amendment of the Statutory Sick Pay (Medical Evidence) Regulations 1985
6
1
The Statutory Sick Pay (Medical Evidence) Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (3) of regulation 1 (interpretation of “statement”) is revoked.
3
For paragraph (1) of regulation 2 (medical information) there shall be substituted the following paragraph —
1
Medical information required under section 17(2) of the 1982 Act relating to incapacity for work shall be provided either —
a
in the form of a statement given by a doctor in accordance with the rules set out in Part I of Schedule 1 to these Regulations on the form set out in Part II of that Schedule; or
b
where the doctor —
i
has not given a statement under sub-paragraph (a)
of this paragraph since the patient was examined and wishes to give such a statement but more than one day has passed since the examination; or
ii
advises that the patient should refrain from work on the basis of a written report from another doctor, set out in Part I of Schedule 1A to these Regulations on the form set out in Part II of that Schedule; or
c
by such other means as may be sufficient in the circumstances of any particular case.
.
4
The heading to the Schedule shall be amended by adding a referenceto “1” after the word Schedule.
5
After Schedule 1 there shall be inserted the Schedule set out in Schedule 2 to these Regulations.
Amendment of the Social Security (Adjudication) Regulations 1986
7
1
The Social Security (Adjudication) Regulations 1986 shall be amended in accordance with the following provisions of this regulation.
2
The following regulation shall be inserted after regulation 64A —
Review of decisions in cases to which section 104(7) of the 1975 Act appiles
64B
In any case to which subsection (7) of section 104 of the 1975 Act applies, the decision given on review shall have effect from the date of the relevant determination within the meaning of that subsection whether the decision which is being reviewed was made before, on or after 9th March 1992
.
3
In regulations 65(3), 66(1), 69(1), both as continued in force by regulation 13 of the Social Security (Adjudication) Amendment ( No. 2) Regulations 1987 and as amended by regulation 10 of those Regulations, and 71, after the words “regulation 64A(2) or (3)” there shall be inserted the words “or regulation 64B”.
Amendment of the Statutory Maternity Pay (General) Regulations 1986
8
In regulation 32 of the Statutory Maternity Pay (General) Regulations 1986 (penalties) after the word “regulations” there shall be inserted a reference to “25”.
Amendment of regulation 2 of the Claims and Payments Regulations
9
1
Regulation 2 of the Claims and Payments Regulations (interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), in paragraph (c) of the definition of “claim for benefit”, after the words “any increase of benefit” there shall be inserted the words “in respect of a child or adult dependant under the Social Security Act 1975 or an increase in disablement benefit under section 60 (special hardship), 61 (constant attendance), 62 (hospital treatment allowance) or 63 (exceptionally severe disablement) of the Social Security Act 1975”.
3
In paragraph (3), for the words “every increase of benefit under the Social Security Act 1975” there shall be substituted the words “every increase of benefit in respect of a child or adult dependant under the Social Security Act 1975 or an increase of disablement benefit under sections 60 (special hardship), 61 (constant attendance), 62 (hospital treatment allowance) or 63 (exceptionally severe disablement) of the Social Security Act 1975”.
Amendment of regulation 4 of the Claims and Payments Regulations
10
In paragraph (1) of regulation 4 of the Claims and Payments Regulations (making a claim for benefit), after the words “on a form approved by the Secretary of State” there shall be inserted the words “for the purpose of the benefit for which the claim is made”.
Amendment of regulation 8 of the Claims and Payments Regulations
11
In paragraph (1) of regulation 8 of the Claims and Payments Regulations (attendance in person), after the words “in any particular case” there shall be inserted the words “or class of case”.
Amendment of regulation 9 of the Claims and Payments Regulations
12
After paragraph (6) of regulation 9 of the Claims and Payments Regulations (interchange with claims for other benefits) there shall be added the following paragraph —
7
In determining whether he should treat a claim alternatively or in addition to another claim (the original claim) under this regulation the Secretary of State shall treat the alternative or additional claim, whenever made, as having been made at the same time as the original claim
.
Amendment of regulation 13 of the Claims and Payments Regulations
13
At the end of regulation 13(5) of the Social Security (Claims and Payments) Regulations 1987 there shall be added the words “save that in their application to paragraph 4(c) those regulations shall be read as though for the words “not less than 24 hours” there were substituted the words “ not less than 16 hours but less than 24 hours””.
Amendment of regulation 19 of the Claims and Payments Regulations
14
1
Regulation 19 of the Claims and Payments Regulations (time for claiming benefit) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (2) there shall be inserted the following paragraph —
2A
In the case of a claim for income support or family credit, where the claimant does not prove that there was good cause for the failure to claim throughout the period specified in paragraph (2) but does prove that there was good cause throughout the period from a date subsequent to the expiry of the prescribed time to the date on which the claim was made, the claim shall be treated as made on —
a
that subsequent date if it is not more than 12 months before the date on which the claim was made; or
b
in any other case the date 12 months before the date on which the claim was made.
.
3
In paragraph (6)(a) after the words “child benefit and” there shall be inserted the words “except in a case to which section 165C(3) of the Social Security Act 1975 (late claims for widowhood benefits where death is difficult to establish) applies”.
Amendment of regulation 21 of the Claims and Payments Regulations
15
1
Regulation 21 of the Claims and Payments Regulations (direct credit transfer) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for the words “any benefit” there shall be substituted the words “benefit to which this regulation applies”; and
b
the words “or other direct” shall be omitted.
3
After paragraph (5) there shall be added the following paragraph —
6
This regulation applies to the payment of retirement pension, widow’s pension, widowed mother’s allowance, child benefit, attendance allowance, disability living allowance, disability working allowance, mobility allowance, family credit and any increase of those benefits payable in respect of a child or adult dependant.
.
Amendment of regulation 37 of the Claims and Payments Regulations
16
For regulation 37 of the Claims and Payments Regulations there shall be substituted the following regulations —
Suspension in individual cases
37
1
Where it appears to the Secretary of State that a question arises whether —
a
the conditions for entitlement are or were fulfilled;
b
an award ought to be revised; or
c
subject to paragraph (2), an appeal ought to be brought against an award, award be suspended, in whole or in part, pending the determination of that question on review, appeal or reference.
2
Where it appears to the Secretary of State that a question arises under paragraph (1)(c), he may only give directions that payment of benefit under the award be suspended on or before the relevant date.
3
A suspension under paragraph (1)(c) shall cease unless, on or before the relevant date, the claimant is given notice in writing that either an appeal or an application or petition for leave to appeal, whichever is appropriate, has been made against that decision.
4
Where the claimant has been given notice on or before the relevant date that either an appeal or an application or petition for leave to appeal has been made, the suspension may continue until the appeal or the application or the petition and any subsequent appeal have been determined.
5
In this regulation —
a
“relevant date” means a date one month from the date on which notice in writing of the decision resulting in an award is received by the adjudication officer;
b
notice of a decision of an adjudicating authority resulting in an award is only received by an adjudication officer when he has received notice in writing of the decision together with the reasons for that decision.
Suspension in identical cases
37A
1
Where it appears to the Secretary of State that a question arises in relation to a person’s entitlement to benefit under an award or that an award ought to be revised and the question is the same question which arises in relation to an award made to another person involving the same or another benefit and a question arises whether an appeal ought to be brought against that award, the Secretary of State may direct that payment of benefit under the first-mentioned award shall be suspended, in whole or part, pending determination of that question on appeal brought against the second-mentioned award.
2
In this regulation “appeal” means an appeal to a Social Security Commissioner, the Court of Appeal, the Court of Session and the House of Lords, and an application for judicial review made in accordance with Order 53 of the Rules of the Supreme Court 1965 .
Withholding payment of arrears of benefit
37B
Where it appears to the Secretary of State that a question arises whether any amount paid or payable to a person by way of, or in connection with, a claim for benefit is recoverable under section 27 or section 53 of the Social Security Act 1986, or regulations made under either section, he may direct that any payment of arrears of benefit to that person shall be withheld in whole or in part, pending determination of that question.
.
Amendment of Schedule 7 to the Claims and Payments Regulations
17
1
Schedule 7 to the Claims and Payments Regulations (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (3) of paragraph 6 (commencement of entitlement to income support), the following words shall be added at the end —
“except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.”.
3
In sub-paragraph (3) of paragraph 7 (date when change of circumstances is to take effect), after paragraph (d) there shall be inserted the following paragraph —
dd
a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations either —
i
ceases to be a prisoner, or
ii
becomes a prisoner
.


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.6) (Shorthand Writers' Fees) 1992 and shall come into force on 24th August 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session( ), in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table; and the fees so substituted shall apply to work, in respect of which these fees are chargeable, done on or after the date on which this Act of Sederunt comes into force: —
TABLE
Column 1 Column 2 Column 3 (old fees) (new fees)
1 £47.55 £51.35 1 £15.85 £17.11 2 £3.38 £3.65 2 £4.07 £4.39 5 £0.26 £0.28
Saving
3
The fees specified in Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session which are specified in column 2 of the above table in relation to the paragraphs specified in column 1 of that table shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh,
23rd July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1992 and shall come into force on 16th July 1992.
Amendment of Regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended —
a
in regulation 2(1) (interpretation), by the insertion —
i
after the definition of “the Act”, of the following definition —
“the 1992 Act ” means the Non-Domestic Rating Act 1992
; and
ii
after the definition of “relevant year”, of the following definition —
“transitional adjustment notice” has the meaning given by paragraph 7A(2)(b) of the Schedule hereto
;
b
in regulation 8 (failure to pay instalments), in the definition of “the estimated amount” in paragraph (8), by the insertion, after the words “paragraph 7(2)”, of the words “or, as the case may be, paragraph 7A or paragraph 7B”;
c
in paragraph 7 of the Schedule —
i
in sub-paragraph (1), by the substitution for the words “This paragraph” of the words “Subject to sub-paragraph (1A), this paragraph”; and
ii
by the insertion, after sub-paragraph (1), of the following —
1A
Except as provided in paragraph 8(2), this paragraph does not apply in a case to which paragraph 7A or 7B applies.
;
d
by the insertion, after paragraph 7 of the Schedule, of the paragraphs set out in regulation 3 below; and
e
by the substitution, for paragraph 8 of the Schedule, of the following —
8
1
More than one adjustment of amounts paid or payable under a demand notice may be made under this Part as the circumstances require.
2
Where a further adjustment falls to be made under this Part after the service of a transitional adjustment notice pursuant to paragraph 7A or 7B —
a
paragraph 7 shall apply as if (so far as the context permits) references to the demand notice and to amounts in respect of instalments payable under it were references to the transitional adjustment notice and to the remaining instalments payable under it; and
b
in calculating the aggregate amount of instalments payable under a demand notice before the adjustment day for the purposes of sub-paragraphs (4) and (5) of that paragraph in consequence of the revised estimate mentioned in sub-paragraph (3), and without prejudice to sub-paragraph (6) of paragraph 7, there shall not count as so payable any amount in respect of such instalments which has fallen to be repaid (or credited) under paragraph 7A or 7B, as the case may be.
.
3
The paragraphs referred to in regulation 2(d) are —
7A
1
This paragraph applies where —
a
the demand notice has been served on a ratepayer by the Secretary of State;
b
the Secretary of State’s estimate under regulation 6(1) for the purposes of the notice (“the original estimate”) was made before the coming into force of sections 1 to 3 of the 1992 Act;
c
the original estimate is, in consequence of that Act, shown to be false;
d
the event mentioned in paragraph 6(1) above has not occurred as regards the ratepayer; and
e
no notice has been served under paragraph 7(2).
2
The Secretary of State shall as soon as practicable after the day on which sections 1 to 3 of the 1992 Act come into force —
a
adjust the instalments payable on or after the transitional adjustment day (“the remaining instalments”) so that they accord with the instalments which would have been payable under the demand notice if —
i
those sections had been in force when the original estimate was made; and
ii
that estimate had been made with reference to that Act; and
b
serve a notice (“transitional adjustment notice”) on the ratepayer which is to state —
i
that the notice takes account of the 1992 Act;
ii
the amount of the original estimate;
iii
the amount of the estimate mentioned in sub-paragraph (5) (“the 1992 Act estimate”);
iv
the amount of the difference between the amounts of the original estimate and the 1992 estimate;
v
the amount of the instalments which would have been payable under the demand notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to that Act;
vi
the amount of each remaining instalment;
vii
the day on which each such instalment is payable, being such of the days specified in the demand notice as fall after the transitional adjustment day; and
viii
the amount of any excess determined in accordance with sub-paragraph (6).
3
A transitional adjustment notice shall be served at least 14 clear days before the day on which an instalment falls to be paid under the demand notice.
4
The statement required to be given by sub-paragraph (2)(b)(i) shall be in the following terms —
“This notice takes account of savings on your rates bill announced in the Budget and made by the Non-Domestic Rating Act 1992.”.
5
The amount referred to in sub-paragraph (2)(b)(iii) is the revised estimate of the Secretary of State of the amount payable by the ratepayer for the relevant year, having regard to sections 1 to 3 of the 1992 Act and made on the assumption mentioned in paragraph (1) of regulation 6 and as if the notice mentioned in that paragraph were the transitional adjustment notice.
6
Insofar as the aggregate of any amounts paid (by reference to the original estimate) before the day on which the transitional adjustment notice is issued exceeds the aggregate of the amounts that would have been payable before that day if the original estimate had been the same as the 1992 Act estimate, the amount of the excess —
a
shall be repaid if the ratepayer so requires;
b
in any other case, shall (as the Secretary of State determines) either be repaid or be credited against any subsequent liability of the ratepayer to pay anything to the Secretary of State by way of non-domestic rate.
7
In this paragraph “the transitional adjustment day” means the day 14 days after the day on which the transitional adjustment notice is issued.
8
Nothing in this paragraph requires a transitional adjustment notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
7B
1
This paragraph applies where —
a
the events mentioned in paragraph 7A(1)(a) to (c) have occurred;
b
the event mentioned in paragraph 6(1) has not occurred as regards the ratepayer; and
c
a notice has been served in accordance with paragraph 7(2).
2
Sub-paragraphs (2) to (8) of paragraph 7A shall apply in a case to which this paragraph applies as if —
a
for the reference in paragraph (a) of sub-paragraph (2) to the demand notice there were substituted a reference to the demand notice and any notice given under paragraph 7(2) in relation to the demand notice;
b
for references in paragraph (b)(ii) and (iv) of sub-paragraph (2) to the original estimate there were substituted references to the revised estimate of which notice has been given under paragraph 7(2) (or, if there has been more than one revised estimate, the last);
c
for paragraph (b)(v) of sub-paragraph (2) there were substituted the following —
v
the amount of the instalments which would have been payable under the demand notice and any notice given under paragraph 7(2) in relation to that notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to those sections;
; and
d
in sub-paragraph (6), after the words “by reference to the original estimate”, there were inserted the words “and any revised estimate of which notice has been given under paragraph 7(2)”.
Michael Howard
Secretary of State for the Environment
25th June 1992
David Hunt
Secretary of State for Wales
23rd June 1992


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 1992/93) Regulations 1992 and shall come into force on 1st April 1992.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1992 for the purposes of section 49 of the Local Government and Housing Act 1989 shall be 10 per cent.
Michael Heseltine
Secretary of State for the Environment
17th February 1992
David Hunt
Secretary of State for Wales
17th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Berkshire Ambulance National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Berkshire Ambulance 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 Royal Berkshire Ambulance 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 manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, 41 Barkham Road, Wokingham, Berkshire RG11 2RE and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non — executive directors and 4 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 West Berkshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The West Berkshire 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 West Berkshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992