text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Renfrewshire Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Renfrewshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Renfrewshire Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as Dykebar Hospital and Hawkhead Hospital, both in Paisley, Bridge of Weir Hospital, Merchiston Hospital and Johnstone Hospital, both in Johnstone and Ravenscraig Hospital, Greenock, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Argyll and Clyde 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 Argyll and Clyde 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 Argyll and Clyde Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Combined Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Staffordshire Combined Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North Staffordshire Combined Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Bucknall Hospital, Eaves Lane, Bucknall, Stoke-on-Trent ST2 8LD and associated hospitals;
b
to manage community health services provided from Bucknall Hospital, Eaves Lane, Bucknall, Stoke-on-Trent ST2 8LD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Staffordshire Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Staffordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Staffordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1993 and shall come into force on 1st April 1993 immediately following the coming into force of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 and the Social Security Benefits (Miscellaneous Amendments) Regulations 1993 .
2
In these Regulations —
“the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;
“relevant charge” and “relevant travelling expenses” have the same meanings as in the principal Regulations.
Amendment of Regulation 7 of the principal Regulations
2
In regulation 7(1) of the principal Regulations (claims for remission or payment) after the words “appropriate office” there shall be inserted the words “or to the Secretary of State”.
Amendment of Schedule 1 to the principal Regulations
3
1
Part II of Schedule 1 to the principal Regulations (calculation of requirements) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 3 there shall be substituted the following paragraph —
3
1
A claimant’s requirements shall be calculated as being the amount referred to in head (a) below less, where applicable, the amount referred to in head (b) below, as follows: —
a
the amount which represents the aggregate of —
i
the weekly applicable amount which would apply to him, including that in respect of any other member of his family, in connection with a claim for income support as specified by the provisions of regulations 17 to 21 of, and Schedules 2, 3, 4 and 7 to, the Income Support (General) Regulations 1987 , but subject to the modifications referred to in paragraph 2(b) and (c) and paragraph 4, and
ii
subject to sub-paragraph (2), the weekly amount of any council tax which the claimant or his partner is liable to pay under Part I or Part II of the Local Government Finance Act 1992 ;
b
the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any council tax benefit to which the claimant or any member of his family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992 .
2
Subject to sub-paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which he is resident with one or more other persons, the claimant’s liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.
3
Sub-paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only his partner.
.
3
In Table B —
a
in the entry in column 2 corresponding to the entry “regulation 17” in column 1, for the words “paragraph (1)(g)” there shall be substituted the words “sub-paragraphs (bb) and (g) of paragraph (1)”;
b
in the entry in column 2 corresponding to the entry “regulation 18” in column 1, for the words “paragraph (1)(h)” there shall be substituted the words “sub-paragraphs (cc) and (h) of paragraph (1)”;
c
for the entry “regulations 19 and 21 ” in column 1 and the corresponding entry in column 2 there shall be substituted the following entries:
regulation 19
As if for paragraph (1) there were substituted the following paragraph —
1
Where —
a
the claimant lives in a residential care home or nursing home; or
b
if the claimant is a member of a family, he and the members of his family live in such a home,
his weekly applicable amount shall, except in a case to which Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.
.
As if paragraphs (1ZB) to (1ZJ) were omitted.
As if in the definition of “residential care home” in paragraph (3) there were added at the end —
f
in which accommodation is provided under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation);
.
regulation 21 As if in paragraph (1) the words from “Subject to” to “amounts)” were omitted. As if in paragraph (3) the definition of “residential accommodation” were omitted. As if paragraphs (3A), (4) and (4A) were omitted.
;
d
in the entry in column 2 corresponding to the entry “Schedule 2” in column 1, there shall be added at the end the words “As if paragraph 2A were omitted.”;
e
for the entry “Schedule 4” in column 1 and the corresponding entry in column 2 there shall be substituted the following entry —
Schedule 4
As if in paragraph 1(1)(a) —
for the words “paragraph 3” there were substituted the words “sub-paragraph (1A) and paragraph 3”;
as if the words from “but, except” to “paragraph 5” were omitted.
As if after sub-paragraph (1) of paragraph 1 there were inserted the following sub-paragraph —
1A
Where a claimant is in accommodation provided under sections 21 to 24 and 26 of the National Assistance Act 1948, the weekly charge for the accommodation for the purposes of this paragraph shall be the payment or refund which the claimant is liable to make towards the cost of the accommodation under section 22 or, as the case may be, section 26 of that Act.
.
As if paragraphs 5 to 12 were omitted.
;
f
for the entry “Schedule 7” in column 1 and the corresponding entry in column 2 there shall be substituted the following entries —
Schedule 7 As if the references in paragraph 1 to sub-paragraph (g) of regulation 17(1) and sub-paragraph (h) of regulation 18(1) were omitted. As if paragraphs 7, 9(b)(iii), 10A, 10B, 10C, 13, 16(a) and 17 were omitted. As if after paragraph 10 there were inserted the following paragraph —
10ZA
A claimant who is a lone parent who is in a residential care home or nursing home temporarily.
10ZA
Any amount applicable to the claimant under paragraph 1(1)(a), (b) and (c) of Schedule 4, determined as if he were a single claimant, plus —
a
in respect of each child who is a member of his family, the appropriate amount in respect of him prescribed in paragraph 2(a) or (b) of Schedule 2 or under this Schedule as appropriate; and
b
any amount which would be applicable to the claimant, if he were not temporarily living away from home, under regulation 17(1)(c) or (f), or (d) in so far as it relates to the lone parent premium under paragraph 8 of Schedule 2.”
.
Transitional provisions
4
In the case of a claim made under regulation 8(2) of the principal Regulations (repayment) , where that claim relates to a relevant charge or relevant travelling expenses paid before 1st April 1993, the claimant’s resources and requirements shall be calculated as if these Regulations had not been made.
Signed by authority of the Secretary of State for Health,
Brian Mawhinney
Minister of State,
Department of Health
11th March 1993


text:
Citation and commencement
1
This Order may be cited as the Western Isles Islands Council (Lochmaddy) Water Order 1993 and shall come into force on 1st April 1993.
Approval of agreement to take water
2
In so far as it relates to the acquisition by the Western Isles Islands Council of the right to take water from Loch Fada, Loch Galtarsay and Loch nan Geadh, Lochmaddy, North Uist and to the reservations and conditions contained therein affecting said right, the Minute of Agreement entered into between Robert Cheyne Turcan and Others as Trustees thereinmentioned of the first part and the Western Isles Islands Council of the second part, dated 1st, 2nd and 6th all days of April in the year 1992 and recorded in the Division of the General Register of Sasines for the County of Inverness and registered in the Books of Council and Session both on 6th July 1992 and signed and sealed by the Secretary of State for Scotland and marked “Agreement referred to in the Western Isles Islands Council (Lochmaddy) Water Order 1992”, is hereby approved.
Miscellaneous
3
The Western Isles Islands Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and an extract of the said Agreement.
T.D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
25th March 1993


text:
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 and shall come into force on 9th August 1993.
2
The Road Vehicles (Registration and Licensing) Regulations 1971 shall be further amended as follows.
3
In regulation 6(1), for “£3.50” there shall be substituted “£5.50”.
Signed by authority of the Secretary of State for Transport.
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
9th July 1993
We approve
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
13th July 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1993 and shall come into force on 14th October 1993.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for sole ( Solea solea )–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
5th October 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
29th September 1993
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
30th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West London Mental Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 22nd January 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 22nd January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North West London Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North West London Mental Health 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 Shenley Hospital, Shenley, Radlett, Hertfordshire and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Block G, Central Middlesex Hospital, Acton Lane, London NW10 7NS and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the nonexecutive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Parkside Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Parkside 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 paragraphs 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 Parkside Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th January 1993


text:
Title and commencement
1
These Regulations may be cited as the Artificial Breeding of Sheep and Goats Regulations 1993 and shall come into force on 1st January 1994.
Approval of centres and teams
2
1
The appropriate Minister, upon being satisfied that a semen collection centre complies with the provisions of Council Directive 92/65/ EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC (in particular Chapters I, IIB and C and III of Annex D) (so far as it relates to ovine and caprine semen), shall, for the purposes of export of ovine and caprine semen to another member State, approve the semen collection centre.
2
The appropriate Minister, upon being satisfied that a collection team is capable of complying with the provisions of Directive 92/65/EEC in relation to the collection of ova and embryos of sheep and goats may approve that team for the purposes of these Regulations.
3
Any approval granted under this Regulation shall be in writing and may be made subject to conditions and may be modified, suspended or revoked by notice in writing at any time.
Intra Community trade
3
1
No person shall collect, process, store or transport for the purpose of export to another member State any ovine or caprine semen, ovum or embryo unless it meets the conditions laid down in Article 11 of Directive 92/65/EEC .
2
No person shall use semen for the insemination of any sheep or goat for the purpose of production of ova or embryos for export to another member State unless —
a
the sheep or goat meets the conditions laid down in Chapter IV of Annex D to Council Directive 92/65/EEC , and
b
the semen meets the conditions laid down in Article 11(2) of that directive.
3
No person shall collect any ovum or embryo from any sheep or goat for the purpose of export to another member State unless he is a member of a team approved under Regulation 2(2) above.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1993.
Richard Packer
Permanent Secretary Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
24th December 1993
Gwilym Jones
Parliamentary Under Secretary of State for Wales
21st December 1993


text:
1
This Order may be cited as the Further Education (Exclusion of Land from Transfer) (No.2) Order 1993 and shall come into force on 31st March 1993.
2
1
It is hereby directed that the interests in land described in column (1) of the Schedule to this Order held by the local authorities named in column (2) of that Schedule, together with any rights or liabilities of those authorities related to those interests, shall be excluded from transferring under section 23(2) of the Further and Higher Education Act 1992 to the further education corporations specified in column (3) of that Schedule.
2
The notes to the Schedule to this Order shall have effect for the purpose of conferring rights and imposing liabilities, being rights and liabilities that could have been conferred or imposed by an agreement under section 23(4) of the Further and Higher Education Act 1992.


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993 and shall come into force on 13th January 1994.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“amenity woodland” means small scale woodland planted and maintained primarily for improvement of the landscape;
“apportioned land” means land which has been apportioned by the Crofters Commission for the exclusive use of a particular crofter under the provisions of section 27(7) of the Crofters (Scotland) Act 1955 ;
“common grazings committee” means a committee appointed under section 24(1) or (3) of the Crofters (Scotland) Act 1955;
“conservation plan” means a layout plan (or plans) which categorises all the land included in the agreement, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
“croft” has the same meaning as in section 3(1) of the Crofters (Scotland) Act 1955 ;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who enters or has entered into an agreement with the Secretary of State;
“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
“heather moorland” means areas of land in which heather ( calluna vulgaris ) or other dwarf shrubs (including bell heather ( erica cinerea ), cross-leaved heath ( erica tetralix ), crowberry ( empetrum nigrum ), blaeberry ( vaccinium myrtillus ), bog myrtle ( myrica gale )) occur throughout the vegetation;
“herb rich unimproved grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
“inbye land” means that part of a farm or croft not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;
“machair” means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946 ;
“modifying existing drains” means deepening or altering the course of existing ditches or culverts, re-cutting hill grips or altering outfalls from under-drainage systems;
“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
“new drainage” means cutting new grips or ditches and laying new tiles or pipes;
“overgrazing” means a deterioration in the condition of vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
“regeneration” means the perpetuation of vegetation through self-seeding or vegetation growth;
“reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated and is now showing significant presence of plant species indicative of unimproved grassland;
“rough grazings” means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;
“scrub” means low growing woody vegetation;
“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;
“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;
“upland vegetation” means vegetation types other than heather moorland which occur within the rough grazings;
“water margins” means an area of ground bordering an area of still or flowing water;
“wetlands” means any ground which is normally saturated with water for a significant proportion of the year.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of Environmentally Sensitive Area
3
There is hereby designated as an Environmentally Sensitive Area the Argyll Islands within Argyll and Bute District of Strathclyde Region shown coloured pink within the areas outlined in red (but excluding the sea and sea bed up to the line of the mean high water springs) on the map marked “Environmentally Sensitive Area–Argyll Islands” dated 9th December 1993 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4
An agreement with a crofter or farmer regarding his croft or farmland and apportioned land and an agreement with a common grazings committee regarding land in the common grazings shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that–
a
in the event of a breach by the crofter, farmer, or common grazings committee of the requirements referred to in article 4, the Secretary of State may give the crofter, farmer, or common grazings committee notice in writing terminating the agreement forthwith and may recover from the crofter, farmer, or common grazings committee an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either–
a
i
in the case of an agreement with a crofter or farmer regarding his croft or farm land and apportioned land, at the rate of £15 per annum per hectare of inbye land with an additional payment of £1 per annum for each hectare of other land to which the agreement relates;
ii
in the case of an agreement with a common grazings committee, at the rate of £1 per annum for each hectare of land to which the agreement relates; or
b
at the rate of £1,500 per annum for any one crofter, farmer or common grazings committee,
whichever is the lower.
2
Payments to a crofter, farmer or common grazings committee shall be at the rate of not less than £250 per annum.
7
Where an agreement with a crofter, farmer or common grazings committee identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 12(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £3,500 per annum per crofter, farmer or common grazings committee.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
9th December 1993
We consent,
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 1993


text:
PART 1
GENERAL
Citation, Commencement and Application
1
1
These Regulations may be cited as the Development Board for Rural Wales (Transfer of Housing Stock) Regulations 1993 and shall come into force on 12th August 1993.
2
These Regulations apply in relation to the disposal of dwellings in Wales and of relevant property (wherever situated) relating to such dwellings.
Interpretation
2
1
In these Regulations, unless the context otherwise requires: —
“the 1989 Act ” means the Local Government and Housing Act 1989;
“applicant” means an authority or approved person who has served a notice in reply as referred to in regulation 11(3), and who has not subsequently indicated that he does not wish to acquire the dwellings referred to in that notice and has not ceased to be an approved person;
“approved person” means a person approved in accordance with regulation 5;
“authority”, in relation to any dwelling or relevant property, means the district council within whose district that dwelling or relevant property is situated;
“block of flats” means a building: —
containing 2 or more flats; and
occupied or intended to be occupied wholly or mainly for residential purposes;
“ the Board ” means the Development Board for Rural Wales;
“final valuation” means a valuation prepared under regulation 16(1)(b);
“housing stock”has the same meaning as in the 1989 Act but does not include: —
any property, rights, liabilities and obligations associated with dwellings within the meaning of section 172(9) of the 1989 Act which, taking account of any proposals there may be to dispose of any property vested in the Board other than its housing stock, ought reasonably to be excluded from disposal under these Regulations; or
liabilities and obligations under Part V of the Housing Act 1985 which, apart from any provision in regulations made under section 172 of the 1989 Act, would not be capable of being assigned or transferred by the Board;
“initial valuation” means a valuation prepared under regulation 16(1)(a);
“long tenancy” has the meaning given in section 115 of the Housing Act 1985 ;
“relevant property” means the property, rights, liabilities and obligations which are within the housing stock of the Board and which are (within the meaning of section 172(9) of the 1989 Act) associated with the dwellings comprised in that stock;
“retained dwelling” has the meaning given in regulation 4;
“teller” means a person appointed under regulation 13(1);
“tenant”, in relation to a dwelling, means a person holding either a tenancy of the dwelling or a licence to occupy the dwelling as a dwelling, in either case granted by the Board.
2
Any reference in these Regulations to the transfer of dwellings includes a reference to the transfer with them of any relevant property which relates to those dwellings and which, in accordance with proposals made by the Board under regulation 3, is to be transferred with them.
3
Any notice under these Regulations shall be in writing and may be served or given in accordance with paragraph 54 of Schedule 3 to the Development of Rural Wales Act 1976 .
4
Nothing in these Regulations shall: —
a
prevent the Board making a disposal in exercise of their powers under section 4 of the Development of Rural Wales Act 1976, or
b
affect the Board’s duty, in the period before a disposal of a dwelling in pursuance of these Regulations, to act in accordance with Part V (The Right to Buy) of the Housing Act 1985 with respect to that dwelling;
and, where the Board transfers an estate or interest in housing stock under any of those provisions, these Regulations shall cease to apply in relation to the disposal of that estate of interest.
Requirement to make proposals and the terms of disposal
3
1
As soon as practicable after the Secretary of State has given it a notice requiring it so to do, the Board shall make proposals for disposing of its housing stock in accordance with these Regulations.
2
The Board may at any time prior to the Secretary of State giving his consent to a proposed transfer under section 172(4) of the 1989 Act vary the proposals made in respect of that transfer under paragraph (1).
3
The proposals shall provide that relevant property is to be transferred with the dwellings to which it relates, or separately from those dwellings.
4
Subject to the provisions of these Regulations, the disposals shall be on terms agreed between the Board and the transferees, and, without prejudice to the generality of the foregoing, those terms may provide: —
a
for payments to be made by instalments; and
b
that the Board be paid a proportion of any future receipts from the sale of dwellings under part V of the Housing Act 1985 or from such other disposals as the Board may specify.
Retained dwellings
4
1
“Retained dwelling” means, subject to paragraphs (2) and (3), any dwelling vested in the Board: —
a
in respect of which, before the final valuation referred to in regulation 16(1)(b), a notice has been served under section 122 of the Housing Act 1985 (notice of a claim to exercise the right to buy); or
b
in respect of which, before that time, any other application to acquire the freehold or a long tenancy has been made to the Board by the tenant; or
c
which is or is likely to be the subject of an application under section 96 of the Housing Act 1988 ; or
d
which is likely to be demolished within a reasonable period.
2
A dwelling ceases to be a retained dwelling: —
a
in respect of a dwelling within paragraph (1)(a), when the notice served under section 122 has been, or been deemed to be, withdrawn, or a lease has been granted pursuant to it under Part V of the Housing Act 1985; or
b
in respect of a dwelling within paragraph (1)(b), when the tenant withdraws the application, the Board determine not to proceed with the transaction, or the Board pursuant to the application dispose of less than their entire interest in the dwelling; or
c
in respect of a dwelling within paragraph (1)(c), when it ceases to be likely that an application under section 96 will be made or will proceed to a disposal, or when, after a disposal pursuant to the application, the Board retain an interest in the dwelling; or
d
in respect of a dwelling within paragraph (1)(d), when it ceases to be likely to be demolished within a reasonable period.
3
A dwelling is a retained dwelling by virtue of paragraph (1)(a) or (b) only if it is not comprised in a block of flats.
4
These Regulations apply in relation to retained dwellings as they apply to other dwellings of the Board except that the retained dwellings shall not be transferred under these Regulations until they cease to be retained dwellings.
5
Where paragraph (4) applies, the transfer shall be on the terms that the dwellings (insofar as the Board has retained any interest in them) are to be transferred to the transferee for whom most of the tenants of dwellings in the parcel of stock have been transferred under the provisions of Part III of these Regulations.
6
Where there are dwellings which have ceased to be retained dwellings and are to be transferred in accordance with paragraph (4), they shall be transferred on the same terms as those other dwellings.
7
A parcel of stock, in sub-paragraph (5) above, is the whole of any group of stock subject to the same notice in reply referred to in regulation 11(2).
Approved Persons
5
1
A person is an approved person for the purposes of disposals under these Regulations if approved by Housing for Wales under this regulation.
2
Housing for Wales shall establish criteria to be considered by them in deciding whether to give approval to a person under this regulation.
3
An approval under this regulation: —
a
shall only be given to a person making an application for this purpose to Housing for Wales; and
b
shall apply in relation to all the housing stock of the Board or housing stock of such description as may be specified in the approval; and
c
may be made subject to such conditions as may be imposed by Housing for Wales.
4
Housing for Wales may revoke an approval given under this regulation, whether by reason of the failure of the approved person to comply with the conditions imposed in paragraph 5(3)(c) above or where an approved person ceases to meet the criteria which were taken into consideration by Housing for Wales in deciding whether to give approval under this regulation by notice to the approved person; but such revocation shall not affect any disposal completed before the notice is served or completed after such service in pursuance of a contract entered into before such service.
5
The Board shall take the following steps to alert potential applicants to the terms of this regulation: —
a
publish once at least in a local newspaper or newspapers circulating in the area in which any housing stock which is subject to the Board’s proposals for disposal is situated a notice stating that such proposals have been made and inviting interested persons to seek approval under this regulation; and
b
publish a similar notice in the London Gazette; and
c
take any other steps which the Secretary of State may determine.
Price
6
1
Any transfer under regulations 12 or 14 (except of retained dwellings which subsequently cease to be retained dwellings) shall be for the amount (which may be a negative amount) determined in the final valuation.
2
Any other transfer of property under these Regulations shall be for an amount (which may be a negative amount) equal to the price which, on the basis of the assumptions described in regulation 16(3), it would realise if sold on the open market by a willing vendor.
Land Registration
7
1
Where the Board transfers any interest in land under these Regulations, they shall ensure that the instrument by which the transfer is effected contains a statement that the transfer is made under section 172 of the 1989 Act.
2
Where the title of the Board to the land transferred is not registered, and the transfer is a conveyance or assignment of a description mentioned in section 123 of the Land Registration Act 1925 (compulsory registration of title): —
a
the Board shall give the transferee a certificate in a form approved by the Chief Land Registrar stating that the Board is entitled to make the transfer subject only to such encumbrances, rights and interests as are stated in the instrument by which the transfer is effected or summarised in the certificate; and
b
for the purposes of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Acts 1925 to 1986 the Board is liable to indemnify him.
Purpose of Acquisition by a Council
8
Where the Board transfers any housing stock under these Regulations to a district council, that housing stock shall be treated as having been acquired by the council under Part II of the Housing Act 1985 except insofar as the instrument by which the transfer is effected provides that it is acquired for some other statutory purpose for which the council may acquire land.
PART II
RELEVANT PROPERTY SEPARATELY DISPOSED OF
Application of Part
9
This Part of these Regulations applies to relevant property which in accordance with the proposals under regulation 3 is to be disposed of separately from the dwellings to which it relates.
Disposal
10
The Board shall give effect to its proposals under regulation 3 by disposing of the relevant property, subject to section 172(4) of the 1989 Act, and to the agreement of the relevant transferee to the terms of the transfer, either by transferring the relevant property to the authority, or to one or more approved persons or to the authority and one or more approved persons.
PART III
GENERAL HOUSING STOCK
Notice to acquire
11
1
The Board shall commence to give effect to their proposals under regulation 3 in respect of the housing stock other than relevant property disposed of by Part II of these Regulations, by serving: —
a
not sooner than 30 days after the notice in regulation 5(5) a notice on all their tenants and upon such other parties as the Board shall deem appropriate: —
i
inviting representations regarding the persons upon whom notices should be served under subparagraph (b); and
ii
inviting representation on the Board’s proposals for division of stock for the purpose stated in regulation 11(1)(b); and
iii
specifying that such representations should be received within 2 months or such longer period as the Board shall determine from the service of their notices; and
iv
drawing tenants' and other recipients' attention to the provisions of these Regulations, especially but not exclusively to the provisions of this regulation and regulations 12, 13, 14 and 15; and
b
subsequent to the expiry of the period referred to in sub-paragraph (a)(iii), and consequent upon consideration of representations received under sub-paragraph (a)(iii), one or more notices setting out the information specified in paragraph (2), on one or more authorities or approved persons, so that part of the housing stock is specified in at least one of the notices served.
2
A notice served under paragraph (1)(b) shall contain the initial valuation of the housing stock specified in that notice, and the addresses of the dwellings specified, and shall state whether each dwelling is a flat and how many bedrooms it has, and the Board’s notice shall invite a notice in reply to be served within 2 months of the service of the Board’s notice or such longer period as the Board shall determine.
3
A notice in reply shall contain the information set out in paragraph (2) above and shall state that the authority or approved person wishes to acquire in accordance with these Regulations all of the housing stock specified in the notice that that authority or person has received.
Disposal to approved persons or the authority
12
1
This regulation applies in relation to any housing stock where two or more applicants have both given the notice in reply referred to in regulation 11(3) indicating a wish to acquire, and (subject to paragraph (3)) have not subsequently indicated that they are not prepared to acquire under these Regulations the housing stock to which their notice in reply relates.
2
Where this regulation applies, the Board shall in accordance with regulation 13 consult each of the tenants of the dwellings as to which applicant the tenant wishes his dwelling to be transferred to and thereafter, subject to section 172(4) of the 1989 Act, and to the agreement of the transferee to the terms of the transfer: —
a
all housing stock to which a notice of reply relates shall be transferred to the applicant for whom the most tenants of the housing stock have voted or
b
where there is a tie in the votes the teller shall decide between the applicants by lot and thereafter the provisions of paragraph (3) will apply.
3
If, after the consultation required by paragraph (2), the applicant for whom most of the tenants of stock in the parcel have voted indicates that he is not prepared to acquire under these Regulations the stock to which his notice in reply relates, this regulation shall continue to apply insofar as: —
a
if there is only one other applicant who has given the notice in reply referred to in regulation 11(3) then the dwellings will be transferred to that other applicant; and
b
if there are two or more applicants who have served the notice in reply referred to in regulation 11(3) then the Board shall, in accordance with the procedure set out in regulation 13, consult the tenants a second time as to which of the two or more remaining applicants the tenant wishes his dwelling to be transferred to and thereafter, subject to section 172(4) of the 1989 Act, and to the agreement of the transferee to the terms of the transfer: —
i
all housing stock to which a notice of reply relates shall be transferred to the applicant for whom the most tenants of the housing stock have voted or
ii
where there is a tie in the votes the teller shall decide between the applicants by lot
and thereafter the provisions of this paragraph will apply.
Tenant Consultation
13
1
The Board shall appoint a teller, independent of itself, the authority, and any approved person to conduct any consultation under regulation 12 and shall give the teller such information and assistance as the teller shall reasonably require.
2
The teller shall send to each tenant being consulted: —
a
a statement in both English and Welsh prepared by the Board: —
i
explaining the operation and purpose of the consultation; and
ii
that in this regulation consultation is by a ballot; and
iii
stating the date by which the tenant has to respond to the voting form
b
a voting form in both English and Welsh; and
c
separate statements, approved by the Board with the consent of the Secretary of State but subject to paragraph (8) prepared by the applicants who served the notice in reply referred to in regulation 11(3), stating their intentions in relation to the housing stock they may acquire and the address and telephone number from which the tenants may seek further information; and
d
a reply-paid envelope for the return of the voting form to the teller.
3
The teller shall send a notice to each tenant recording his vote or that no vote is recorded for that tenant and shall on the basis of voting forms received by the teller before the date specified in the statement mentioned in paragraph (2)(a)(iii) (which may be a different period for different parcels) inform the Board and each tenant of the result of the consultation.
4
Every person who is a tenant on the first day on which the teller sends documents to any tenants under paragraph (2) shall be consulted under that consultation, except any tenant who at that date either: —
a
is obliged to give up possession of the dwelling in pursuance of an order of the court; or
b
will be so obliged at a date specified in such an order, unless in either case the Board certifies to the teller that it no longer intends to enforce the order.
5
For the purpose of this regulation, joint tenants shall each be entitled to a vote and shall each be sent a copy of the documents specified in paragraphs (2) and (3).
6
For the purpose of this regulation, tenants of long tenancies affected by a transfer of dwellings and retained dwelling tenants, shall each be entitled to vote and shall each be sent a copy of the documents specified in paragraphs (2) and (3).
7
The Board shall pay: —
a
the reasonable fees and expenses of the teller in pursuance of the duties in paragraphs (2) and (3); and
b
a reasonable amount in respect of the costs of the applicants incurred in the preparation of the statement mentioned in paragraph (2)(c) and in answering queries from tenants.
8
Where the Board or the Secretary of State is of the opinion that a statement submitted to the Board under paragraph 2(2) is misleading or inaccurate in any particular, the Board shall either require a new statement to be prepared or approve the statement save for that particular and direct the teller to send to each tenant being consulted the submitted statement together with an additional statement prepared by the Board which they and the Secretary of State consider corrects the inaccurate or misleading particular.
9
Any dispute arising under paragraph (8) between the Board and the teller or the Board and any of the applicants shall be resolved by the Secretary of State, or else resolved by the Board and the teller taking such steps as the Secretary of State shall determine.
Disposal to a Sole Applicant
14
1
This regulation applies in relation to any housing stock where: —
a
regulation 12 does not apply; and
b
one applicant has served the notice in reply referred to in regulation 11(3) in relation to that part of the housing stock and is willing to acquire those dwellings under these Regulations.
2
Where this regulation applies, the Board shall, subject to section 172(4) of the 1989 Act and the agreement of the applicant to the terms of the transfer, transfer those dwellings to the applicant.
Disposal to approved persons in absence of a notice in reply
15
1
This regulation applies in relation to any housing stock where regulations 12 or 14 do not apply.
2
Where this regulation applies the Board shall dispose of the housing stock, subject to section 172(4) of the 1989 Act and the agreement of the relevant transferee to the terms of the transfer, by transferring them to one or more approved persons or to the authority.
3
Prior to reaching agreement with a particular transferee in relation to any dwellings the Board shall invite representations within 2 months or such longer period as the Board shall determine of the issuing of that invitation from the tenants of the dwellings and shall take into account their views regarding the identity of the transferee or transferees.
Valuation
16
1
The Board shall appoint and pay the reasonable fees and expenses of the valuer or valuers chosen by the Board from a list approved by the district valuer and independent of itself and of any applicant. A valuer shall prepare: —
a
an initial valuation of housing stock (except retained dwellings) to be included in a notice to be given by the Board under regulation 11(1)(b), and
b
subject to paragraph (6), a final valuation of stock (except retained dwellings) to be transferred under regulations 12 or 14.
2
The Board shall give to a valuer or valuers such information and assistance as he shall reasonably require.
3
The valuations referred to in paragraph (1) shall be on the basis of the price the property to be transferred would realise if sold on the open market by a willing vendor on the following assumptions: —
a
that any dwellings and other property are sold subject to any subsisting tenancies but otherwise with vacant possession;
b
that the only bidders in the market for any dwellings (but not for any relevant property) are approved persons and other persons who fulfil the criteria for approval established under regulation 5; and
c
that any property is to be conveyed on the terms which have been agreed or required to be imposed in relation to its transfer under these Regulations; and
d
that the rent in respect of a subsisting tenancy mentioned in sub-paragraph (a) of any dwelling occupied as such at the date of transfer: —
i
for the period ending immediately before the first anniversary of the relevant date after the transfer will not exceed that charged by the Board at the date of transfer; and
ii
thereafter would increase (if at all) on each anniversary of the relevant date by an amount not exceeding the aggregate of 4% and the amount (if any) by which the valuers estimate that the retail prices index for the month in which the anniversary occurs will be greater than that for the month in which the previous anniversary of the relevant date occurred, expressed as a percentage of the estimated retail prices index for the last-mentioned month.
4
For the purposes of the valuation assumption in paragraph (3)(d) an estimate of the duration of a subsisting tenancy of a dwelling shall be made on the basis that the tenancy is treated as in effect during any period when a subsequent tenancy of the dwelling is in effect which was granted to a person who was a tenant of another dwelling, which was occupied as such, at the date of transfer.
5
In paragraph (3)(d) “the relevant date” means the date on which the Board last increased the rent under the tenancy prior to the date of transfer.
6
Any dispute between the Board and any applicant regarding valuation of the housing stock shall be resolved by the Secretary of State, or else resolved by the Board and the applicant taking such steps as the Secretary of State shall determine.
John Redwood
Secretary of State for Wales
19th July 1993


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Veterinary Medicinal Products) (Applications for Product Licences) Regulations 1993 and shall come into force on 29th October 1993.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968;
“application” means a request for the grant of a product licence and shall comprise all the documents submitted in support of it, and “applicant” shall be construed accordingly;
“Directive 81/851” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products amended by Council Directive 90/676/EEC ;
“Directive 81/852” means Council Directive 81/852/EEC on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products amended by Council Directive 87/20/EEC and Commission Directive 92/18/EEC ;
“Directive 90/677” means Council Directive 90/677/EEC extending the scope of Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products and laying down additional provisions for immunological veterinary medicinal products ;
“immunological product” means a veterinary medicinal product used in order to produce active or passive immunity or to diagnose the state of immunity, to which Directives 81/851 and 90/677 apply;
“product licence” means a product licence in relation to a veterinary medicinal product to which Directive 81/851 applies;
“standard provisions for licences” means the relevant standard provisions prescribed by regulations under section 47(1) of the Act ; and
“veterinary medicinal product” has the meaning assigned to that expression in Directive 81/851 and for the purposes of these Regulations shall be treated as a medicinal product within the meaning of section 130 of the Act.
2
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Form and manner of application
3
1
Every application shall be made in writing in the English language and shall be signed by the applicant.
2
The applicant shall supply to the licensing authority four copies of each application, and shall supply a further twenty-two copies if the licensing authority so directs.
3
Where the application, or any part thereof, has been translated from another language, the applicant shall supply to the licensing authority one copy of such application or part, as the case may be, in the original language if the licensing authority so directs.
Requirements as to application
4
1
Subject to paragraphs (2) and (3) below, an applicant for a product licence shall submit to the licensing authority the particulars and documents required by Articles 5 and 5a of Directive 81/851 and —
a
if the application is in respect of a veterinary medicinal product other than an immunological product, shall comply with the requirements set out in Schedule 1, or
b
if the application is in respect of a veterinary medicinal product which is an immunological product, shall comply with the provisions of Article 2 of Directive 90/677 and the requirements set out in Schedule 2.
2
An applicant shall not be required, by virtue of paragraph 10 of Article 5 of Directive 81/851, to provide the results of toxicological and pharmacological tests and clinical trials if he can demonstrate that he is entitled, subject to the provisions of that paragraph, to the benefit of any of sub-paragraphs (a)(i) to (iii) thereof.
3
Paragraph (2) above shall not apply where the applicant claims the benefit of Article 5.10(a)(iii) of Directive 81/851, unless the product authorised within the European Economic Community to which the applicant refers has been so authorised for a period of not less than ten years before the making of the application.
Supplementary provisions as to application
5
1
The applicant shall in making his application —
a
take account of the guidance published by the European Commission referred to in the first paragraph of the Introduction to the Annex to Directive 81/852, and
b
include all information relevant to the evaluation of the product to which the application relates, whether favourable or unfavourable, including all relevant details of any incomplete or abandoned test or trial relating to the product,
and shall confirm in writing that he has done so.
2
The applicant shall confirm in writing that he has complied with the requirements of the Animals (Scientific Procedures) Act 1986 which are relevant to his application.
3
The applicant shall state which, if any, of the standard provisions for licences it is desired shall be excluded or modified in relation to any product licence granted as a result of the application.
4
The licensing authority may require the applicant to submit such samples as they may specify —
a
of the veterinary medicinal product, its active ingredients and its intermediate products or other constituent materials for testing by a laboratory designated for the purposes of Article 9.2 of Directive 81/851, in order to ensure that the applicant’s control testing methods within the meaning of Article 5.9 of that Directive are satisfactory, or
b
of substances necessary to verify the analytical detection methods to trace residues proposed in the application documents in pursuance of Article 5.8 of that Directive.
Revocation
6
The Regulations set out in Schedule 3 are hereby revoked in so far as they relate to applications for product licences for veterinary medicinal products.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st September 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
21st September 1993
John Redwood
Secretary of State for Wales
24th September 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
20th September 1993.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
23rd day of September 1993.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
30th day of September 1993.


text:
1
The Birmingham City Council (Grand Union Canal Bridge) Scheme 1991 is hereby confirmed without modifications.
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 plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of The Birmingham City Council, Ingleby House, 11-14 Cannon Street, Birmingham.
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 Birmingham City Council (Grand Union Canal Bridge) Scheme 1991 Confirmation Instrument 1993.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director Northern Region
Department of Transport
26th October 1993


text:
1
This Order may be cited as the Export of Goods (Control) (Haiti) (Revocation) Order 1993 and shall come into force forthwith.
2
The Export of Goods (Control) (Haiti) Order 1993 is hereby revoked.
R J Meadway
An Under Secretary
Department of Trade and Industry
1st September 1993 at 10.50 am


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant–maintained Schools) (Loans) Regulations 1993 and shall come into force, —
a
except regulation 2, on 1st January 1994; and
b
as to regulation 2, on 1st April 1994.
2
In these Regulations, —
“ the Act ” means the Education Act 1993;
“agreement” means an agreement for a loan;
“the appropriate authority” has the meaning assigned to it in section 92(4) of the Act;
“loan” means a loan by the appropriate authority to the governing body of a school under section 92 of the Act; and
“school” means a grant–maintained school.
Loans to new grant–maintained schools for capital expenditure
2
1
Where —
a
proposals under section 49 of the Act for establishing a grant–maintained school have been approved under section 51 of the Act;
b
a grant is made under section 53(2) of the Act in respect of the provision of a site or buildings (or both) for the school; and
c
in the opinion of the appropriate authority, having regard to all the circumstances of the case and, in particular, the educational and financial viability of the school, part of the expenditure incurred or to be incurred by the governing body in respect of which that grant was made ought properly to be met by borrowing,
the appropriate authority may make a loan to the governing body not exceeding 15 per cent of the expenditure in respect of the provision of the site and buildings in question.
2
A loan under paragraph (1) above shall be made on terms —
a
that it be repaid by periodical instalments specified in the agreement within a period so specified not exceeding thirty years; and
b
that repayment be guaranteed by the promoters, or by such other person as the appropriate authority may approve and in such manner as the appropriate authority may require,
and in this paragraph “promoters” means any persons referred to in section 49(1) of the Act proposing to establish a grant–maintained school.
Other loans to grant–maintained schools
3
1
The appropriate authority may make a loan to the governing body of a school in respect of any expenditure (other than expenditure to which regulation 2 above applies) which —
a
is incurred or to be incurred by them for the purposes of the school; and
b
in the opinion of the appropriate authority, having regard to all the circumstances of the case and, in particular, the educational and financial viability of the school, ought properly to be met by borrowing.
2
Subject to paragraph (3) below, the maximum amount of any loan which may be made under paragraph (1) above shall be —
a
50 per cent —
i
of the maintenance grant in respect of the school as initially determined under section 81(2) of the Act for the year in which the loan is made or, before that section comes into force, under section 79(2) of the Education Reform Act 1988 (“the 1988 Act ”), or
ii
where at the time the loan is made no amount of maintenance grant has been so determined, of the estimated amount of maintenance grant in respect of the school notified by the appropriate authority to the governing body or, if more than one such amount has been so notified, the amount most recently so notified; or
b
in the case of a school in respect of which the incorporation date is after 1st April in the year in which the loan is made, 50 per cent of the maintenance grant in respect of the school which it appears to the appropriate authority would have been so determined for that year if the incorporation date had been the said 1st April.
3
The maximum amount of a loan which may be made under paragraph (1) above as determined under paragraph (2) above shall be reduced by the amount of any loan not repaid at the date the first mentioned loan is made under any earlier agreement under paragraph (1) above in relation to the school.
4
A loan under paragraph (1) above shall be made on terms that it be repaid by periodical instalments specified in the agreement within a period so specified not exceeding five years.
5
In this regulation “the incorporation date” has the meaning assigned to it in section 37(5) or 54(a) of the Act, as the case may require, or, before those sections come into force, in section 104(3) of the 1988 Act.
Interest on loans
4
1
An agreement shall require the periodical payment of interest in respect of the loan.
2
Subject to paragraph (3) below, the agreement shall provide that the rate of such interest shall be the rate determined by the Treasury under section 5 of the National Loans Act 1968 to apply to a loan from the National Loans Fund made on the same day for a comparable period and on comparable terms.
3
In the case of a loan under regulation 3(1) above, the agreement shall provide that if it appears to the appropriate authority, having regard to all the circumstances of the case and, in particular, the educational and financial viability of the school, expedient to do so, the authority may give a notice to the governing body that the interest payable under the agreement on and after a date specified in the notice shall be at a rate so specified, being the rate which would be payable under the agreement by virtue of paragraph (2) above if the loan were to be made at the date of the notice.
Accelerated repayment
5
1
An agreement shall require that the loan together with accrued interest shall become immediately repayable —
a
in the case of a school which is discontinued, on the discontinuance date as defined in section 107(2) of the Act; or
b
in the case of withdrawal of grant to the school, on the date specified in a notice under subsection (3) or (5)(b) of section 109 of the Act as the date on which the funding authority’s duty to maintain the school is to cease .
2
Where a loan has been made for the purpose of enabling a governing body to meet expenditure to be incurred by it, the agreement shall provide that, if the expenditure or any part of it is not incurred, —
a
the appropriate authority may give notice in writing to the governing body requiring repayment of the loan or of the proportionate part of it; and
b
the governing body shall in accordance with the notice repay the loan or such proportionate part together with interest.
Agreements for loans
6
1
A loan shall be made in accordance with an agreement which shall be in writing and duly executed under the seal of the governing body of the school.
2
An agreement shall contain terms relating to such of the following matters as may be specified in the agreement —
a
the time at which, the conditions for which and the manner in which payment of the loan is to be made;
b
the payment of additional interest in the event of any periodical instalment in repayment of the loan not being paid, or of any periodical payment of interest not being made, as required by the agreement;
c
the early repayment of the loan on notice given by the governing body to the appropriate authority;
d
the keeping by the governing body of records and accounts relating to the loan;
e
the furnishing to the appropriate authority of information, documents, returns and accounts;
f
the audit of accounts,
and, without prejudice to the provisions of these Regulations, the agreement shall contain such other terms as the appropriate authority consider to be necessary or expedient in the circumstances.
John Patten
Secretary of State for Education
3rd December 1993
John Redwood
Secretary of State for Wales
7th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Superannuation (Local Commissioners) Regulations 1993 and shall come into force on 28th June 1993.
Local Commissioners
2
The Local Government Superannuation Regulations 1986 shall be amended as follows —
a
in regulation B2(1) at the beginning of the Table there shall be inserted the following entry —
Local Commissioners The Commission for Local Administration of which he is a member
;
b
in regulation C1 —
i
in paragraph (5) after sub-paragraph (j) there shall be inserted the following
or
k
is a pensionable employee of the Commission for Local Administration in England,
;
ii
after paragraph (6) there shall be inserted the following paragraph —
6A
In relation to a pensionable employee of the Commission for Local Administration in Wales, the appropriate superannuation fund is the fund maintained by South Glamorgan County Council.
;
c
in Schedule 1 after the definition of “Local Act contributor” there shall be inserted the following definition —
Local Commissioner The meaning given in section 23(3) of the Local Government Act 1974
;
d
in Part I of Schedule 2 at the beginning of the table there shall be inserted the following entries in column 1
The Commission for Local Administration in England.
The Commission for Local Administration in Wales.
.
Michael Howard
Secretary of State for the Environment
28th May 1993


text:
Citation and commencement
1
This Order may be cited as the City of Glasgow and Monklands Districts (Bargeddie) Boundaries Amendment (No. 2) Order 1993, and shall come into force on 1st April 1993.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( );
“boundary map” means the map prepared by The Scottish Office marked “The City of Glasgow and Monklands Districts (Bargeddie) Boundaries Amendment Order 1993” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a district boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
That part of Monklands District in Strathclyde Region, being the Area A described in Part I of the Schedule to this Order and shown delineated, hatched and marked area “A” on the boundary map, shall be transferred to City of Glasgow District in Strathclyde Region.
2
That part of City of Glasgow District in Strathclyde Region, being the Area B described in Part II of the Schedule to this Order and shown delineated, hatched and marked area “B” on the boundary map, shall be transferred to Monklands District in Strathclyde Region.
Consequential Changes in Electoral Arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order)–
a
shall cease to form part of electoral division 53 (Coatbridge South) of Strathclyde Region( ) and ward 5 (Bargeddie and Langloan) of Monklands District( ); and
b
shall form part of electoral division 26 (Mount Vernon/Baillieston) of Strathclyde Region and ward 36 (Baillieston) of City of Glasgow District( ).
2
Area B described in Part II of the Schedule to this Order (being the Area B transferred by article 4(2) of this Order)–
a
shall cease to form part of electoral division 26 (Mount Vernon/Baillieston) of Strathclyde Region and ward 36 (Baillieston) of City of Glasgow District; and
b
shall form part of electoral division 53 (Coatbridge South) of Strathclyde Region and ward 5 (Bargeddie and Langloan) of Monklands District.
Revocation
6
The City of Glasgow and Monklands Districts (Bargeddie) Boundaries Amendment Order 1993( ) is hereby revoked.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
31st March 1993


text:
1
These Regulations may be cited as the Value Added Tax (Repayments to Third Country Traders) (Amendment) Regulations 1993 and shall come into force on 31st May 1993.
2
The Value Added Tax (Repayments to Third Country Traders) (Amendment) Regulations 1992 are hereby revoked.
3
In sub-paragraph (b) of paragraph (2) of regulation 5 of the Value Added Tax (Repayments to Third Country Traders) Regulations 1987 —
a
after paragraph (i) “or” shall be omitted; and
b
after paragraph (ii) there shall be inserted
and
iii
goods where the tax on the supply is payable solely by the person to whom they are supplied in accordance with the provisions of section 32B of the Act .
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
5th May 1993


text:
1
This Order may be cited as the Foreign Fields (Specification) Order 1993.
2
In this Order the “Lille Frigg Field” means the hydrocarbon accumulation between the depths of 3,570 metres and 3,700 metres beneath mean sea level within the boundary defined by a set of lines of latitude and longitude joining the surface co-ordinates set out in the Schedule hereto.
3
The Lille Frigg Field, being an area which is not under the jurisdiction of the government of the United Kingdom, is for the purposes of the Act hereby specified as a foreign field.
Tim Eggar
Minister for Energy,
Department of Trade and Industry
7th June 1993.


text:
1
This Order shall come into force on 23rd June 1993 and may be cited as the A17 Trunk Road (Leadenham Bypass) Order 1993.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM88, marked “The A17 Trunk Road (Leadenham Bypass) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 3 of this Order; and
iii
“the trunk road”means the A17 Trunk Road.
3
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.That date will not be later than the date on which the relevant route is opened for the purpose of through traffic.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
24th May 1993


text:
Citation, commencement and interpretation
1
2
These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment Regulations 1993, and shall come into force on 14th April 1993.
2
In these Regulations, “the principal Regulations ” means the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation), after the definition of “parenteral administration” there shall be inserted the following —
“product to which Chapters II to V of the 1965 Directive apply” means a medicinal product to which, in accordance with Article 2 of Council Directive 65/65/ EEC as amended , Article 34 of Council Directive 75/319/EEC , Article 1 of Council Directive 89/342/EEC , Article 1 of Council Directive 89/343/EEC and Article 1 of Council Directive 89/381/EEC , Chapters II to V of Council Directive 65/65/EEC apply;
.
Amendment of Schedule 3 to the principal Regulations
3
1
Schedule 3 to the principal Regulations (standard provisions for wholesale dealer’s licences including wholesale dealer’s licences of right) shall be amended in accordance with the following paragraphs of this regulation.
2
After paragraph 4 there shall be inserted the following paragraphs —
4A
Where the licence relates to products to which Chapters II to V of the 1965 Directive apply, the licence holder shall institute an emergency plan which ensures effective implementation of any recall from the market which is either —
a
ordered by the licensing authority or the competent authority of a member State other than the United Kingdom; or
b
carried out in co-operation with the manufacturer or the holder of the product licence or of the marketing authorisation granted by a the competent authority of a member State other than the United Kingdom in respect of the products.
4B
1
Where the licence relates to products to which Chapters II to V of the 1965 Directive apply, the licence holder shall keep records, which may be in the form of invoices or on computer or in any other form, giving the following information in respect of such products which have been received or dispatched —
a
the date of receipt and of dispatch;
b
the name of the products;
c
the quantity of the products received or dispatched;
d
the name and address of the person from whom or to whom the products are sold or supplied, as appropriate.
2
The records referred to in sub-paragraph (1) above shall be made available for inspection by any person duly authorised in writing by the licensing authority for a period of five years after the date of receipt or dispatch.
.
3
After paragraph 7 of Schedule 3 there shall be inserted the following paragraphs —
7A
1
Where the licence relates to products to which Chapters II to V of the 1965 Directive apply, the licence holder shall at all times have at his disposal the services of a person (in this paragraph called a “responsible person”) who possesses, in the opinion of the licensing authority —
a
knowledge of the activities to be carried out and of the procedures to be performed under the licence which is adequate for performing the functions of the responsible person, and
b
experience in those activities and procedures which is adequate for those purposes.
2
The functions of the responsible person shall be to ensure that the conditions under which the licence has been granted have been, and are being, complied with and that the quality of the products is being maintained in accordance with the requirements of the appropriate product licences.
3
The provisions of sub-paragraphs (5) and (6) of paragraph 8 of this Schedule shall apply in relation to a responsible person as they apply in relation to a qualified person within the meaning of that paragraph, but as though the references to —
a
the provisions of Articles 23 and 24 of the Second Council Directive as respects qualifications and experience were to the provisions of sub-paragraphs (1) and (2) of this paragraph, and
b
to sub-paragraph (3) of paragraph 8 were to sub-paragraph (2) of this paragraph.
7B
Where the licence relates to products to which Chapters II to V of the 1965 Directive apply, the licence holder shall obtain supplies of such products only from —
a
any person who is the holder of a manufacturer’s licence or a wholesale dealer’s licence which relates to those products; or
b
any person who holds an authorisation granted by a competent authority of a member State other than the United Kingdom authorising the manufacture of such products or the distribution by way of wholesale dealing of such products.
7C
1
Where the licence relates to products to which Chapters II to V of the 1965 Directive apply, the licence holder shall distribute them by way of wholesale dealing only to —
a
the holder of a wholesale dealer’s licence which relates to those products; or
b
the holder of an authorisation granted by the competent authority of a member State other than the United Kingdom authorising the supply of those products by way of wholesale distribution; or
c
any person who may lawfully sell those products by retail or may lawfully supply them in circumstances corresponding to retail sale; or
d
any person who may lawfully administer those products.
2
Where supply is made pursuant to paragraph (1)(c) above, the licence holder shall enclose with the products a document which makes it possible to ascertain —
a
the date on which the transaction took place;
b
the name and pharmaceutical form of the products;
c
the quantity of products supplied;
d
the names and addresses of the persons from whom the products were supplied.
.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
22nd March 1993
David Hunt
Secretary of State for Wales
22nd March 1993
Fraser of Carmyllie
Minister of State, Scottish Office
22nd March 1993
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
24th March 1993.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F.A. Elliott
Permanent Secretary
22nd March 1993.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
W.J. Hodges
Permanent Secretary
22nd March 1993.


text:
Citation and commencement
1
This Order may be cited as the Further and Higher Education Act 1992 (Consequential Amendments) Order 1993 and shall come into force on 1st April 1993.
Amendment of the Sex Discrimination (Designated Educational Establishments) Order 1975
2
The Sex Discrimination (Designated Educational Establishments) Order 1975 is amended by the omission in the Schedule of Part I (polytechnics) and Section A of Part II (establishments in respect of which grants in aid of university education are payable out of money provided by Parliament).
John Patten
Secretary of State for Education
8th March 1993
David Hunt
Secretary of State for Wales
8th March 1993