text:
Title, extent and commencement
1
These Regulations may be cited as the Sheep Annual Premium Regulations 1992, shall apply throughout Great Britain and shall come into force on 13th November 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“authorised officer” means any person (whether or not an officer of that authority) who is authorised by the competent authority in writing, either generally or specially, to act in matters arising under these Regulations;
“the Commission Regulation” means Commission Regulation ( EEC ) No 3007/84 , laying down detailed rules for the application of the premium for producers of sheepmeat , as amended by Commission Regulation (EEC) No 164/86 , Commission Regulation (EEC) No 1514/86 , Commission Regulation (EEC) No 3984/89 , Commission Regulation (EEC) No 1260/90 , Commission Regulation (EEC) No 288/91 , Commission Regulation (EEC) No 3107/91 and Commission Regulation (EEC) No 3340/91 ;
“the competent authority” means –
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland and Wales, the Secretary of State;
“the Council Regulation” means Council Regulation (EEC) No 3013/89 on the common organisation of the market in sheepmeat and goatmeat , as amended by Council Regulation (EEC) No /1741/91 and Council Regulation (EEC) No 2069/92 ;
“marketing year” means a marketing year as defined in Article 3(3) of the Council Regulation;
“premium” means the premium provided for under Article 5 of the Council Regulation;
“producer” means a producer as defined in Article 1 of Council Regulation (EEC) No 3493/90 , as amended by Council Regulation (EEC) No 2070/92 .
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Application for premium
3
1
An application for premium shall be in such form and shall contain such particulars relating to that application as the competent authority may reasonably request.
2
A producer who applies for a premium in respect of a marketing year shall deliver his application to the competent authority–
a
on or after 15th November and not later than 15th December in the preceding marketing year; or
b
on or after 15th January in the calendar year in which the marketing year commences and not later than 20th February in that calendar year.
3
Notwithstanding paragraph (2) above, a producer marketing sheep’s milk or sheep’s milk products who applies for the premium for the heavy category under Article 5(4) of the Council Regulation in respect of a marketing year shall deliver his application to the competent authority on or after 15th November and not later than 15th December in the preceding marketing year.
Keeping and retention of a register
4
A producer shall be required to keep a register containing the following information–
a
the dates on which female sheep put to the ram for the first time gave birth and the number of lambs produced;
b
the number and date of any sheep purchased, sold or otherwise disposed of, the name and address of the seller, buyer or other recipient or in the case of sheep purchased or sold at a livestock market, the name and address of that market; and
c
in cases of losses of sheep the date the producer discovered the loss, the number lost and the circumstances of the loss;
and retain such register for 3 years from the end of the marketing year to which the last entry therein relates.
Powers of authorised officers
5
1
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
inspecting and counting any sheep kept by the producer, or
b
ascertaining whether an offence under regulation 9(2) has been or is being committed.
2
An authorised officer may enter any premises (other than any premises used only as a dwelling), which are, or which such officer has reasonable cause to believe to be, occupied by, or in the possession of, a producer or any employee, servant or agent of a producer.
3
An authorised officer who has entered any premises by virtue of this regulation may inspect and count any sheep kept by the producer on those premises.
4
An authorised officer entering any premises by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer may–
a
require any producer or any employee, servant or agent of a producer to produce any record and to supply such additional information in that person’s possession or under his control relating to an application for premium as the authorised officer may reasonably request;
b
inspect any such record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record;
c
require that copies of or extracts from, any record be produced;
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised officers
6
A producer or any employee, servant or agent of a producer shall give to an authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred upon him by regulation 5.
Rate of interest
7
For the purposes of Article 6(5) of the Commission Regulation, interest shall be calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Recovery of payments
8
A competent authority may recover from any person any payment that person is required to return under Article 6 of the Commission Regulation together with interest thereon as specified in paragraph (5) of that Article.
Offence and penalties
9
1
If any person–
a
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 5; or
b
fails without reasonable excuse to comply with a request made under regulation 6,
he shall be guilty of an offence.
2
If any person for the purpose of obtaining the whole or any part of the premium or in purported compliance with any requirement imposed under regulation 5(5)–
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
he shall be guilty of an offence.
3
A person guilty of an offence under paragraph (1) or (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Proceedings in England and Wales for an offence under paragraphs (1) and (2) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence.
5
Summary proceedings in Scotland for an offence under paragraphs (1) and (2) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.
6
A certificate purporting to be signed–
a
for the purposes of paragraph (4) above, by or on behalf of the prosecutor, or
b
for the purposes of paragraph (5) above, by the procurator fiscal,
shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to the knowledge of the prosecutor or the procurator fiscal (as the case may be).
7
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
9
In paragraphs (7) and (8) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Revocation
10
The Regulations specified in the Schedule to these Regulations are hereby revoked.
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
28th October 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
28th October 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Grants to Voluntary Organisations (Specified Date) Order 1992 and shall come into force on 2nd November 1992.
2
In this Order “section 48” means section 48 of the Local Government Act 1985.
London scheme: date for approval of total expenditure
2
1
This paragraph applies where a scheme made under section 48 in relation to Greater London requires the total expenditure to be incurred under the scheme in any financial year —
a
in the making of grants; and
b
in the discharging by the designated council of its functions under the scheme,
to be approved in accordance with the scheme by some or all of the constituent councils.
2
If paragraph (1) applies, and the total expenditure to be incurred in any financial year beginning in or after 1993 is not approved as required by the scheme before 1st February in the year in which that financial year begins, the constituent councils shall be deemed, subject to any order which has been or may be made under section 48(5), all to have given their approval for that financial year to total expenditure of an amount equal to the amount that was approved or, as the case may be, deemed to have been approved for the preceding financial year.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
5th October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan Clwyd District General Hospital 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 Glan Clwyd District General Hospital 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 Glan Clwyd District General Hospital 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 Glan Clwyd Hospital, Bodelwyddan, Nr Rhyl, Clwyd LL18 5UJ and associated hospitals;
b
to manage community health services provided from H.M. Stanley Hospital, St Asaph, Clwyd LL17 0RS and to own the 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
Clwyd 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
Clwyd 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 Clwyd 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
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 5) Regulations 1992 and shall come into force on 1st January 1993.
2
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 3 (Application), in paragraph (2), after “24” there shall be inserted “(1)(b) to (e), (3), (4), (5), (6), (7) and (8)”.
4
In regulation 6 (Disabilities) —
a
in paragraph (1) after “in addition to the disabilities prescribed by regulation 24” there shall be inserted “(1)(b) to (e)”;
b
in paragraph (1)(a) for “an epileptic attack since attaining the age of 5 years” there shall be substituted “liability to epileptic seizures”;
c
in paragraph (1)(b)(ii) for “in the case of a person who did not hold an existing licence on 1st January 1983 but” there shall be substituted “in the case of a person not falling within paragraph (1)(b)(i) above”.
5
In regulation 18 (Requirements for tests) —
a
in paragraph (1)(a) after “suitable for the purposes of the test under paragraph (3)” there shall be inserted “or paragraph (3A), whichever is appropriate,”;
b
in paragraph (3) for “A vehicle shall not be suitable for the purpose of a test unless” there shall be substituted “A passenger-carrying vehicle shall not be suitable for the purpose of test unless”;
c
in paragraph (3)(a) and paragraph (3)(b) sub-paragraphs (i) and (iv) shall be deleted;
d
after paragraph (3) there shall be inserted the following paragraph —
3A
A large goods vehicle shall not be suitable for the purpose of a test unless —
a
if the test is taken before 1st July 1996 —
i
in the case of a test for category C, it has a maximum authorised mass which exceeds 7.5 tonnes;
ii
in the case of a test for category C plus E, it is either —
a
an articulated goods vehicle combination, or
b
a combination of vehicles comprising a vehicle in category C and a trailer with at least two axles with a permissible maximum weight in relation to the combination of at least 15 tonnes; and
b
if the test is taken on or after that date, it is capable of a speed of at least 80 kilometres per hour and —
i
in the case of a test for category C, it has a maximum authorised mass of at least 10 tonnes and an overall length of at least 7 metres;
ii
in the case of a test for category C plus E, it is either —
a
an articulated goods vehicle with a maximum authorised mass of at least 18 tonnes and an overall length of at least 12 metres, or
b
a combination of vehicles with a maximum authorised mass of at least 18 tonnes and an overall length of at least 12 metres comprising a vehicle in category C with a maximum authorised mass of at least 10 tonnes and an overall length of at least 7 metres and a trailer with an overall length of at least 4 metres.
.
6
In Schedule 1 (Categories of vehicles), in column (2), in the entry describing the vehicles in —
a
category C and category D for “750 kg or a trailer of any mass with a single axle” there shall be substituted “, in the case of a trailer with a single axle, 5 tonnes or, in the case of any other trailer, 750 kg”;
b
category C plus E and category D plus E for “750 kg and with more than a single axle” there shall be substituted “, in the case of a trailer with a single axle, 5 tonnes or, in the case of any other trailer, 750 kg”.
7
For Part II of Schedule 6 there shall be substituted the Part II set out in Schedule 1 to these Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th December 1992


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Specified Supplies) Order 1992 and shall come into force on 1st January 1993.
2
The supplies described in article 3 below are hereby specified for the purpose of section 15(2)(ba) of the Value Added Tax Act 1983.
3
Services —
a
which are supplied to a person who belongs outside the member States;
b
which are directly linked to the export of goods to a place outside the member States; or
c
which consist of the making of arrangements for a supply of services of a description specified in paragraph (a) or (b) above,
provided the supply is exempt, or would have been exempt if made in the United Kingdom, by virtue of any item of Group 2, or any of items 1 to 7 of Group 5, of Schedule 6 to the Value Added Tax Act 1983.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
These Regulations may be cited as the Street Works (Inspection Fees) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations: —
“ the Act ” means the New Roads and Street Works Act 1991;
“service pipe” and “service line” have the same meaning as in paragraph 7(3) of Schedule 4 to the Act;
“statutory undertaker” means an undertaker who carries out street works by virtue of a statutory right.
3
1
An undertaker shall pay to the street authority a fee of £12.50 for each chargeable inspection carried out by the street authority of works involving the excavation or reinstatement of any part of a street.
2
For the purposes of this regulation, a chargeable inspection of works is: —
a
if the inspection is of works carried out by an undertaker who holds a licence under section 50 of the Act and whose estimated number of units of inspection in the year in which the inspection is made is less than 100, every inspection of all or any phase of all or any of those works subject to a maximum of 30 inspections;
b
if the inspection is of works carried out by an undertaker who holds a licence under section 50 of the Act and whose estimated number of units of inspection in the year in which the inspection is made is 100 or more, an inspection at random of not more than 6.5 per cent of each phase or not more than 30 per cent of the total of that estimated number;
c
if the inspection is of works carried out by a statutory undertaker, an inspection at random of not more than 6.5 per cent of each phase or not more than 30 per cent of the total number of estimated units of inspection in any year.
3
For the purposes of this regulation, a unit of inspection is: —
a
a single excavation not exceeding 200 metres in length;
b
more than one and not more than 5 excavations and, in the case of works relating to service pipes and service lines, not more than 10 excavations, provided that —
i
all the excavations are the subject of one notice of starting date; and
ii
all the excavations are made within a period of 10 working days; and
iii
each excavation is within 500 metres of every other excavation; and
iv
the aggregate length of all the excavations does not exceed 200 metres; or
c
in the case of an excavation longer than 200 metres each length of 200 metres within the length of that excavation or the balance of such length.
4
For the purpose of this regulation, the phases of works are: —
a
the period when any excavation is being done;
b
the period when any interim or permanent reinstatement of any excavation is being done;
c
the period of one month starting with the day on which the permanent reinstatement is completed;
d
the period of between 6 months and 9 months starting from the day on which the permanent reinstatement is completed;
e
the period of one month immediately preceding the end of the guarantee period, being the period of 2 years from the completion of permanent reinstatement or, in the case of excavations to a depth exceeding 1.5 metres to the top of the apparatus over a length of 5 metres or more, being the period of 3 years from such completion.
5
For the purposes of this regulation, save as provided in paragraph (6) below, the estimated number of units of inspection in a year is: —
a
for each of the following respective periods, namely the period ending on 31st March 1993 (“the first period”) and the year starting on 1st April 1993 (“the first full year”), such estimate as may be agreed between the undertaker and the street authority making the inspection of the number of units of inspection for the undertaker in that period or year, as the case may be, in streets for which that authority is the street authority;
b
for the year starting on 1st April 1994 (“the second year”) the average of the number of the units of inspection for the undertaker during the first full year in streets for which the street authority making the inspections is the street authority and such estimate as may be agreed between the undertaker and the street authority of the number of units of inspection for the undertaker for the second year in streets for which that authority is the street authority;
c
for the year starting on 1st April 1995 (“the third year”) the average of the number of units of inspection for the undertaker during the first full year and the second year in streets for which the street authority making the inspections is the street authority and such estimate as may be agreed between the undertaker and the street authority of the number of units of inspection of the undertaker for the third year in streets for which that authority is the street authority;
d
for the year starting on 1st April 1996 (“the fourth year”) and for every subsequent year starting on 1st April the average of the number of units of inspection for the undertaker during each of the three immediately preceding years ending on 31st March in each year.
6
Where an undertaker has not previously executed any street works in streets for which the authority making the inspections is the street authority the provisions of paragraph (5) above shall apply in relation to that authority, as if the first period was the period ending on 31st March immediately following the undertaker first executing such works and the first full year and the second, third and fourth years were the first full year and the second, third and fourth years thereafter, in each case commencing on 1st April.
4
Any dispute between an undertaker and a street authority with regard to any questions arising under these Regulations shall, if it cannot be resolved by agreement, be referred to an arbitrator in accordance with the provisions of section 99 of the Act.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
15th July 1992
Wyn Roberts
Minister of State for Wales
15th July 1992


text:
1
This Order may be cited as the London Priority Route Order 1992 and shall come into force on 2nd July 1992.
2
The following roads are designated as priority routes for the purposes of Part II of the Road Traffic Act 1991 —
a
the roads specified in the Schedule to this Order; and
b
every slip road (not falling within sub-paragraph (a) above) which links a road mentioned in any paragraph of the Schedule to this Order with a road mentioned in any other paragraph of that Schedule in the vicinity of the place where the two roads join or cross.
3
In the Schedule to this Order the description of a road shall be read as including the area of any intersection between the road and any road which crosses it at the same level.
4
Where a paragraph of the Schedule to this Order contains a description of a road followed by a reference to the inclusion of one or more particular roads (for example paragraph 2) the reference to the inclusion of the one or more particular roads shall be treated as having been inserted for the avoidance of doubt and as being without prejudice to the generality of the preceding description.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th June 1992


text:
1
1
This Order may be cited as the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) Order 1992 and shall come into force on the tenth day after the day on which it is made.
2
In this Order “the principal Order ” means the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 .
2
Schedule 1 to the principal Order shall be amended by inserting in alphabetical order the entries for those countries and territories specified in the Schedule to this Order.
3
The Appendix set out at the end of Schedule 3 to the principal Order (which defines the institution of proceedings for the purposes of paragraph (a) of section 38(11) of the Drug Trafficking Offences Act 1986 as modified by Schedule 2 to the principal Order) shall be amended as follows:
a
after the entry relating to Anguilla, there shall be inserted the following —
Argentina when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence
;
b
after the entry relating to the Cayman Islands, there shall be inserted the following —
Germany when a person is notified that he is accused of an offence and will be brought before a court
;
c
after the entry relating to Guernsey, there shall be inserted the following —
Guyana when a charge has been laid against a person for an offence
; and
d
after the entry relating to the United States of America, there shall be inserted the following —
Uruguay when criminal proceedings are instituted by a judicial authority
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Charges for Accommodation) Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations —
“ the Act ” means the National Assistance Act 1948;
“Personal Injuries Scheme”, “Service Pensions Instrument” and “1914 — 18 War Injuries Scheme” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 .
Minimum charges
2
The liability of a person under section 22(3) of the Act (minimum liability in respect of accommodation) to pay for accommodation provided or proposed to be provided for him in premises managed by a local authority shall in no case be reduced below the sum of £43.30 per week.
Sum needed for personal requirements
3
The sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be £10.85 per week, except that in the case of a person to whom there is payable —
a
attendance allowance under the provisions of Section 35 of the Social Security Act 1975 ;
b
constant attendance allowance under any Personal Injuries Scheme; Service Pensions Instrument or any 1914 — 18 War Injuries Scheme, or
c
disability living allowance by virtue of entitlement to the care component under Section 37ZB of the Social Security Act 1975 ,
that sum shall be increased by the amount of the allowance for each week the allowance is payable.
Revocation
4
The National Assistance (Charges for Accommodation) Regulations 1989 and the National Assistance (Charges for Accommodation) Amendment Regulations 1991 are hereby revoked. Extent
5
These Regulations do not apply to Scotland.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Middlesex Hospital National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on24th February 1992.
2
In this Order:
“the Authority” means Haringey Health Authority;
“the Trust” means the North Middlesex Hospital National Health Service Trust;
“the trust property” means the items specified in schedules of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 24th February 1992 the trust property shall be transferred by the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
28th January 1992


text:
Title and commencement
1
These Regulations may be cited as the Farm and Conservation Grant (Amend ment) Regulations 1992 and shall come into force on 18th January 1993.
Amendment of the principal Regulations
2
The Farm and Conservation Grant Regulations 1991 shall be amended in accordance with regulation 3 below.
3
For regulation 7 there shall be substituted the following regulation: —
7
The appropriate Minister shall not approve an improvement plan under these Regulations —
a
in so far as the plan relates to any works, facilities or transactions of a kind specified in Schedule 2 where the plan is received by him after 17th January 1993;
b
in any other case where the plan is received by him after 31st December 1994.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
1st December 1992


text:
Citation and interpretation
1
1
This order may be cited as the Planning and Compensation Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1992.
2
In this order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the Planning and Compensation Act 1991.
Provisions coming into force on 27th July 1992
2
Subject to article 3, the following provisions of the 1991 Act shall come into force on 27th July 1992 —
section 2;
section 4, so far as it is not yet in force;
section 10, so far as it is not yet in force;
section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and
section 84(6), so far as it gives effect to the repeals in Part 1 of Schedule 19 specified in Schedule 2 to this Order.
Transitional provisions
3
1
The amendments to the 1990 Act brought into force by this Order shall not apply with respect to applications made under section 64(1) or 192(1) of that Act (as originally enacted) before the coming into force of this Order (and accordingly that Act shall continue to apply to such applications (and to appeals made following the refusal or it was in force immediately before the coming into force of this Order).
2
Without prejudice to paragraph (1), subsection (4) of section 192 of the 1990 Act, as originally enacted, shall continue to apply for the purpose of established use certificates (within the meaning of that section) granted under that Act notwithstanding the repeal of that subsection by section 10(1) of the 1991 Act.
3
The amendment made to section 2(3) of the Agricultural Land (Removal of Surface Soil) Act, 1953 by paragraph 1 of Schedule 7 to the 1991 Act and the repeal of paragraph 3(2) of the Planning (Consequential Provisions) Act 1990 shall not apply for the purposes of proceedings brought under the 1953 Act in respect of operations where, before the carrying out of the operations, it was determined under section 64 of the 1990 Act that the operations would not fall within section 1(1)(b) of the 1953 Act.
Signed by authority of the Secretary of State for the Environment
Sir George Young
Minister of State,
Department of the Environment
25th June 1992
David Hunt
Secretary of State for Wales
29th June 1992


text:
This Order may be cited as the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) Order 1992 and shall come into force on 30 September 1992.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
8th September 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Application of Financing Schemes to Special Schools) Regulations 1992.
2
These Regulations shall come into force on 25th February 1992.
3
In these Regulations —
“the 1988 Act ” means the Education Reform Act 1988;
“new school” and “temporary governing body” have the same meanings as in section 48 of the 1988 Act; and
“scheme” means a scheme made by a local education authority under section 33 of the 1988 Act.
Application to special schools of Chapter III of Part 1 of 1988 Act
2
1
A local education authority may determine that the schools required to be covered in either or both of the financial years beginning in 1992 and 1993 by a scheme made by the authority shall be taken to include the authority’s special schools.
2
The schools required to be covered in the financial year beginning in 1994 and in subsequent financial years by a scheme made by a local education authority shall include the authority’s special schools.
3
Subject to regulation 4 below, where, by virtue of —
a
a determination under paragraph (1) above; or
b
paragraph (2) above,be covered in any financial year by a scheme made by the authority, the provisions of Chapter III of Part I of the 1988 Act (other than sections 33 and 49 and Schedule 4) shall have effect, in relation to that authority, as if any reference contained in those provisions to a county school maintained by an authority included a reference to a special school of that authority.
4
Where a new school is included in the special schools of a local education authority which are required (by virtue of a determination under paragraph (1) above or by virtue of paragraph (2) above) to be covered by a scheme —
a
paragraphs 2(2) to (10) of Schedule 4 to that Act (which make provision as to the application of schemes in relation to new schools) shall apply in relation to that school as they apply in relation to as chool to which paragraph 1 of that Schedule applies; and
b
the following provisions of that Schedule, that is tosay —
i
paragraph 4(6)(a)
(articles of government of new school to indicate that certain provisions are superseded); and
ii
paragraph 7(2)
(articles of government of new school to contain statement of any inconsistency between articles and Chapter III of Part I of the 1988 Act), any reference to a county school included a reference to a special school.
5
In this regulation references, in relation to a financial year, to the special schools of a local education authority are references to —
a
any special school maintained by that authority at the beginning of that year;
b
any new school that is established, at any time during that year, as a special school maintained by that authority; and
c
any school proposed to be established by that authority which will be a special school and which has a temporary governing body during the whole or any part of that year.
Delegation of budget share to governing body of special schools
3
Without prejudice to section 39(10) of the 1988 Act (discretionary delegation of management of school’s budget share), a scheme shall not be required to include provision for requiring the delegation by the local education authority concerned of the management of —
a
the budget share of any special school to the governing body of that school; or
b
the budget share of any new school which will be a special school to the temporary governing body of that school.
Amendments to Chapter III of Part I of the 1988 Act
4
1
The provisions of Chapter III of Part I of the 1988 Act shall be amended as follows (being amendments appearing to the Secretary of State to be required in consequence of the provision made in regulations 2 and 3 above).
2
In subsection (4) of section 34 (preparation and imposition of schemes), for the words “county or voluntary” there shall be substituted the words “county, voluntary or special”.
3
In paragraph 4(3) of Schedule 4 (no staff to be appointed before constitution of temporary governing body), for the words “or aided” there shall be substituted the words “aided or special”.
Kenneth Clarke
Secretary of State for Education and Science
30th January 1992
David Hunt
Secretary of State for Wales
30th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton University Hospitals 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 Southampton University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Southampton University Hospitals 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 to own and manage hospital accommodation and services provided at Southampton General Hospital, Tremona Road, Southampton SO9 4XY and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Southampton University.
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 Southampton and South West Hampshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Southampton and South West Hampshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Southampton and South West Hampshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
1
For the purpose of connecting the Motorway with other highways, so as to effect junctions at the places stated in the Schedule hereto, the Secretary of State is authorised to provide along the routes described in that schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the plan.
3
The special roads shall become trunk roads on the date on which this Scheme comes into force.
4
In this Scheme:
i
“the Motorway” means the M1 London-Yorkshire Motorway;
ii
“the plan” means the plan number HA16/MWU 1 marked “The M1 London-Yorkshire Junction 9 to 10 Northbound)Connecting Roads Scheme 1992”, containing the scheme plan, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads” means all the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 27th March 1992, and may be cited as the M1 London-Yorkshire Motorway (Widening Junction 9 to 10 Northbound) Connecting Roads Scheme 1992.
Signed by authority of the Secretary of State for Transport
Alan Whitfield
Road Programme Director,
Department of Transport
2nd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stirling Royal Infirmary 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 Stirling Royal Infirmary 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 Stirling Royal Infirmary 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 establishment known as Stirling Royal Infirmary, Stirling and to manage the Geriatric Day Unit at Orchard House Hospital, Stirling 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 Forth Valley 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 Forth Valley 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 Forth Valley Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd December 1992


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactment or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/YHRO 35 marked “The A19 Trunk Road (Raskelf Bridge to Shires Bridge) (Detrunking) Order 1992” signed by authority of the Secretary of State;
iii
“the new trunk road” means the highway to be constructed by the Secretary of State in pursuance of the A19 Trunk Road (Easingwold Bypass) Order 1992; and
iv
“the trunk road” means the East of Snaith — Sunderland Trunk Road (A19).
3
This Order shall come into force on 29th May 1992 and may be cited as the A19 Trunk Road (Raskelf Bridge to Shires Bridge) (Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
B. J. Billington
Director Network Management and Maintenance
Department of Transport
27th April 1992


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Special Enforcement Notices) Regulations 1992, and shall come into force on 27th July 1992.
Special enforcement notices
2
The provisions of the Town and Country Planning Act 1990 specified in the Schedule to these Regulations shall apply to special enforcement notices and to appeals against such notices under section 295(3) of the Town and Country Planning Act 1990 as if the references in those provisions to an enforcement notice were references to a special enforcement notice and subject to the further modifications specified in that Schedule.
Revocation
3
The Town and Country Planning (Special Enforcement Notices) Regulations 1984 are hereby revoked.
Michael Howard
Secretary of State for the Environment
29th June 1992
David Hunt
Secretary of State for Wales
29th June 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Consequential Amendment) (Coventry City Council) Order 1992 and shall come into force on 20th August 1992.
Amendment of West Midlands County Council Act 1980
2
In section 97 (Coventry City Council: subscriptions to institutions, etc. ) of the West Midlands County Council Act 1980 , for the words from “for that year”to the end there shall be substituted —
for the financial year beginning in 1989, determined in accordance with the Rate Product Rules 1981 , and increased or decreased in the same proportion as the retail prices index for September of the financial year preceding that in which the payment in question is to be made shows an increase or decrease in relation to that for September 1989.
In this section “retail prices index” means the United Kingdom General Index of Retail Prices (for all prices) compiled by the Central Statistical Office or, if that index is not compiled for any month, any substituted index or index figures compiled by that Office.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
23rd July 1992


text:
1
1
These Regulations may be cited as the European Parliamentary Elections (Amendment) Regulations 1992.
2
These Regulations, except regulations 3 and 4(2), shall come into force either on the expiry of the period of fourteen days beginning with the day on which they are made or on 6th April 1992, whichever is the earlier.
3
Regulations 3 and 4(2) shall come into force on 6th April 1992, except for the purposes of any application made before that date under regulation 64(4)(b) of the Representation of the People Regulations 1986 , as applied by the European Parliamentary Elections Regulations 1986 , or regulation 62(4)(b) of the Representation of the People (Scotland) Regulations 1986 , as so applied, which is based on receipt of a mobility allowance.
4
These Regulations do not extend to Northern Ireland.
2
1
In paragraph (1) of regulation 5 of the European Parliamentary Elections Regulations 1986 (application of certain statutory provisions for the purposes of European Parliamentary elections), for the two sentences beginning “The entry in that Schedule” there shall be substituted the following:
The entry in that Schedule in respect of —
section 29 of the Act of 1983 is to that provision as amended by section 1 of the Representation of the People Act 1991 and article 3 of the Transfer of Functions (Returning Officers' Charges) Order 1991 ;
section 95 of the Act of 1983 is to that provision as amended by paragraph 30 of Schedule 12 to the Education Reform Act 1988 ;
Schedule 5 to the Act of 1983 is to that provision as amended by paragraph 32 of Schedule 12 to the Education Reform Act 1988; and
section 6 of the Act of 1985 is to that provision as amended by section 1 of the Representation of the People Act 1990 .
2
In the modifications to section 29(5) of the Representation of the People Act 1983 in the right-hand column of Schedule 1 to the European Parliamentary Elections Regulations 1986 (application, with modifications, of provisions of the Representation of the People Act 1983), for the words “the Treasury” in each of the two places where they occur there shall be substituted the words “the Secretary of State”.
3
In paragraph (2) of regulation 5 of the European Parliamentary Elections Regulations 1986 (application of specified regulations for the purposes of European Parliamentary elections) for the words from “The entries in” to the end of the paragraph there shall be substituted the following:
The entries in that Schedule, in respect of —
regulations 4(1), 8, 12, 54, 55, 56, 66, 69, 73, 79, 92 and 96 of, and forms E, H, J and K in Schedule 2 to, the Regulations of 1986 are to those regulations and forms as amended by the Representation of the People (Amendment) Regulations 1990 ;
regulation 64 of the Regulations of 1986 is to that regulation as amended by the Representation of the People (Amendment) Regula tions 1992 ;
regulations 4(1), 7, 11, 52, 53, 54, 64, 67, 71, 77, 90 and 94 of, and forms D, G, H and J in Schedule 2 to, the Regulations (Scotland) of 1986 are to those regulations and forms as amended by the Representation of the People (Scotland) Amendment Regulations 1990 , and
regulation 62 of the Regulations (Scotland) of 1986 is to that regulation as amended by the Representation of the People (Scotland) Amendment Regulations 1992 .
.
4
1
Regulation 4(1) of the European Parliamentary Elections (Amendment) Regulations 1990 and regulation 2(1) of the European Parliamentary Elections (Amendment) Regulations 1991 (which made amendments now included in sub- paragraphs (ii) to (iv) of the amendment made by regulation 2(1) of these Regulations) shall be omitted.
2
Regulation 4(2) of the European Parliamentary Elections (Amendment) Regulations 1990 (which made amendments now included in sub-paragraphs (i) and (iii) of the amendment made by regulation 3 of these Regulations) shall be omitted.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) Regulations 1992 and shall come into force on 6th April 1992.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“advertisement” does not include anything employed wholly as a memorial or as a railway signal;
“area of outstanding natural beauty” means an area designated as such by an order made under section 87 of the National Parks and Access to the Countryside Act 1949 ;
“area of special control” means an area designated by an order under regulation 18;
“balloon” means a tethered balloon or similar object;
“deemed consent” has the meaning given by regulation 5;
“discontinuance notice” means a notice served under regulation 8;
“express consent” has the meaning given by regulation 5;
“illuminated advertisement” means an advertisement which is designed or adapted to be illuminated by artificial lighting, directly or by reflection, and which is so illuminated;
“National Park” has the meaning given by section 5 of the National Parks and Access to the Countryside Act 1949;
“site” means any land or building, other than an advertisement, on which an advertisement is displayed;
“standard conditions” means the conditions specified in Schedule 1;
“statutory undertaker” includes, in addition to any person mentioned in section 262(1) of the Act, the Civil Aviation Authority, the British Airports Authority, the British Coal Corporation, any public gas supplier within the meaning of Part I of the Gas Act 1986 , any public electricity supplier within the meaning of Part I of the Electricity Act 1989 , the Post Office, the National Rivers Authority, any water or sewerage undertaker and any telecommunications code system operator; and statutory undertaking shall be interpreted accordingly;
“telecommunications code system operator” means a person who has been granted under section 7 of the Telecommunications Act 1984 a licence which applies the telecommunications code to him in pursuance of section 10 of that Act;
“vehicle” includes a vessel on any inland waterway; and
“waterway” includes coastal waters.
2
In these Regulations, “local planning authority” means —
a
for land in the area of an urban development corporation, except in regulation 18, that corporation where it is the local planning authority for the purposes of sections 220 and 224 of the Act;
b
for land in a National Park which is land that is not in a metropolitan county, the county planning authority for the area where the land is situated; and
c
in any other case, the relevant district planning authority or metropolitan district or London borough council.
3
Any reference in these Regulations to a person displaying an advertisement includes —
a
the owner and occupier of the land on which the advertisement is displayed;
b
any person to whose goods, trade, business or other concerns publicity is given by the advertisement; and
c
the person who undertakes or maintains the display of the advertisement.
4
Except in Class A in Schedule 2, any reference in these Regulations to the land, the building, the site or the premises on which an advertisement is displayed includes, in the case of an advertisement which is displayed on, or which consists of, a balloon, a reference to the land, the building, the site or other premises to which the balloon is attached and to all land, buildings or other premises normally occupied therewith.
Application
3
1
These Regulations apply to the display on any site in England and Wales of any advertisement.
2
Parts II and III of these Regulations do not apply to any advertisement falling within a description set out in Schedule 2 provided it complies with any conditions and limitations specified in that Schedule; and —
a
in the case of an advertisement falling within Class G, it complies with the standard conditions set out in paragraphs 1, 2, 3, and 5 of Schedule 1; or
b
in any other case, it complies with all the standard conditions.
Powers to be exercised in the interests of amenity and public safety
4
1
A local planning authority shall exercise their powers under these Regulations only in the interests of amenity and public safety, taking account of any material factors, and in particular —
a
in the case of amenity, the general characteristics of the locality, including the presence of any feature of historic, architectural, cultural or similar interest, disregarding, if they think fit, any advertisement being displayed there;
b
in the case of public safety —
i
the safety of any person who may use any road, railway, waterway, dock, harbour or aerodrome;
ii
whether any display of advertisements is likely to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air.
2
In determining an application for consent for the display of advertisements, or considering whether to make an order revoking or modifying a consent, the local planning authority may have regard to any material change in circumstances likely to occur within the period for which the consent is required or granted.
3
Unless it appears to the local planning authority to be required in the interests of amenity or public safety, an express consent for the display of advertisements shall not contain any limitation or restriction relating to the subject matter, content or design of what is to be displayed.
4
A consent for the display of advertisements shall take effect as consent for the use of the site for the purposes of the display, whether by the erection of structures or otherwise, and for the benefit of any person interested in the site.
Requirement for consent
5
1
No advertisement may be displayed without consent granted by the local planning authority or by the Secretary of State on an application in that behalf (referred to in these Regulations as “express consent”), or granted by regulation 6 (referred to in these Regulations as “deemed consent”), except an advertisement displayed in accordance with paragraph (2) below.
2
The display —
a
outside any area of special control, of such an advertisement as is mentioned in regulation 3(2); or
b
within an area of special control, of such an advertisement as is so mentioned, other than one falling within Class A in Schedule 2,
is in accordance with this paragraph.
PART II
DEEMED CONSENT
Deemed consent for the display of advertisements
6
1
Subject to regulations 7 and 8, and in the case of an area of special control also to regulation 19, deemed consent is hereby granted for the display of an advertisement falling within any class specified in Part I of Schedule 3, subject —
a
to any conditions and limitations specified in that Part in relation to that class; and
b
to the standard conditions.
2
Part II of Schedule 3 applies for the interpretation of that Schedule.
Directions restricting deemed consent
7
1
If the Secretary of State is satisfied, upon a proposal made to him by the local planning authority, that the display of advertisements of any class or description specified in Schedule 3, other than Class 12 or 13, should not be undertaken in any particular area or in any particular case without express consent, he may direct that the consent granted by regulation 6 for that class or description shall not apply in that area or in that case, for a specified period or indefinitely.
2
Before making any such direction, the Secretary of State shall —
a
where the proposal relates to a particular area, publish, or cause to be published, in at least one newspaper circulating in the locality, and on the same or a subsequent date in the London Gazette, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours; and
b
where the proposal relates to a particular case, serve, or cause to be served, on the owner and occupier of the land affected and on any other person who, to his knowledge, proposes to display on such land an advertisement of the class or description concerned, a notice that a proposal has been made, specifying the land and the class or description of advertisement in question.
3
Any notice under paragraph (2) above shall state that any objection to the making of a direction may be made to the Secretary of State in writing within such period (not being less than 21 days from the date when the notice was given) as is specified in the notice.
4
The Secretary of State shall not make a direction under this regulation until after the expiry of the specified period.
5
In determining whether to make a direction, the Secretary of State —
a
shall take into account any objections made in accordance with paragraph (3) above;
b
may modify the proposal of the local planning authority if —
i
he has notified, in writing, that authority and any person who has made an objection or representation to him of his intention and his reasons for it and has given them a reasonable opportunity to respond; and
ii
the intended modification does not extend the area of land specified in the proposal.
6
Where the Secretary of State makes a direction, he shall send it to the local planning authority, with a statement of his reasons for making it, and shall send a copy of that statement to any person who has made an objection in accordance with paragraph (3) above.
7
Notice of the making of any direction for a particular area shall be published by the local planning authority in at least one newspaper circulating in the locality and, unless the Secretary of State otherwise directs, on the same or a subsequent date in the London Gazette, and such notice shall —
a
contain a full statement of the effect of the direction;
b
name a place or places in the locality where a copy of the direction and of a map defining the area concerned may be seen at all reasonable hours; and
c
specify a date when the direction shall come into force, being at least 14 and not more than 28 days after the first publication of the notice.
8
Notice of the making of any direction for a particular case shall be served by the local planning authority on the owner and on any occupier of the land to which the direction relates, and on any other person who, to the knowledge of the authority, proposes to display on such land an advertisement of the class or description affected.
9
A direction for an area shall come into force on the date specified in the notice given under paragraph (7) above, and a direction for a particular case shall come into force on the date on which notice is served on the occupier or, if there is no occupier, on the owner of the land affected.
Discontinuance of deemed consent
8
1
The local planning authority may serve a notice requiring the discontinuance of the display of an advertisement, or of the use of a site for the display of an advertisement, for which deemed consent is granted under regulation 6 if they are satisfied that it is necessary to do so to remedy a substantial injury to the amenity of the locality or a danger to members of the public: but in the case of an advertisement within Class 12 in Schedule 3, they may not do so if the advertisement is also within Class F or Class G in Schedule 2.
2
A discontinuance notice —
a
shall be served on the advertiser and on the owner and occupier of the site on which the advertisement is displayed;
b
may, if the local planning authority think fit, also be served on any other person displaying the advertisement;
c
shall specify the advertisement or the site to which it relates;
d
shall specify a period within which the display or the use of the site (as the case may be) is to be discontinued; and
e
shall contain a full statement of the reasons why action has been taken under this regulation.
3
Subject to paragraphs (4) and (5) below, a discontinuance notice shall take effect at the end of the period (being at least 8 weeks after the date on which it is served) specified in the notice.
4
If an appeal is made to the Secretary of State under regulation 15, the notice shall be of no effect pending the final determination or withdrawal of the appeal.
5
The local planning authority, by a notice served on the advertiser, may withdraw a discontinuance notice at any time before it takes effect or may, where no appeal to the Secretary of State is pending, from time to time vary a discontinuance notice by extending the period specified for the taking effect of the notice.
6
The local planning authority shall, on serving on the advertiser a notice of withdrawal or variation under paragraph (5) above, send a copy to every other person served with the discontinuance notice.
PART III
EXPRESS CONSENT
Applications for express consent
9
1
An application for express consent shall be made to the local planning authority.
2
Such an application shall be made on a form provided by the local planning authority and give the particulars required by that form. There shall be annexed to the form such plans as the authority require.
3
An applicant shall provide the local planning authority with 2 additional copies of the completed form and the annexed plans.
4
The local planning authority may, if they think fit, accept an application notwithstanding that the requirements of paragraph (2) or (3) above are not complied with, provided the application is in writing.
5
A local planning authority shall not employ a form or require the submission of plans or information inconsistently with any direction which the Secretary of State may have given as to the matter.
6
An application for the renewal of an express consent may not be made at a date earlier than 6 months before the expiry of that consent.
Secretary of State’s directions
10
The Secretary of State may give directions to a local planning authority, either generally or in relation to a particular case or class of case, specifying the kinds of particulars, plans or information to be contained in an application for express consent.
Receipt of applications
11
On receipt of an application for express consent, the local planning authority —
a
shall send an acknowledgement in writing to the applicant and, in the case of a county planning authority, shall also send a copy of the application and the accompanying plans to the district planning authority within whose area any part of the application site is situated;
b
may direct the applicant in writing to provide one of their officers with such evidence as may reasonably be called for to verify any particulars or information given to them.
Duty to consult
12
1
Before granting an express consent, a local planning authority shall consult —
a
any neighbouring local planning authority, any part of whose area appears likely to be affected;
b
where the application relates to land in a National Park which is land that is not in a metropolitan county, the district planning authority for the area in which the land is situated;
c
where they consider that a grant of consent may affect the safety of persons using any trunk road (as defined in section 329 of the Highways Act 1980 ) in England, the Secretary of State for Transport;
d
where they consider that a grant of consent may affect the safety of persons using any railway, waterway, dock, harbour or aerodrome (civil or military), the person responsible for the operation thereof, and, in the case of coastal waters, the Corporation of Trinity House.
2
The local planning authority shall give anyone whom they are required to consult at least 14 days' notice that the relevant application is to be considered and shall take into account any representations made by any such person.
Power to deal with applications
13
1
Subject to regulation 19, where an application for express consent is made to the local planning authority, they may —
a
grant consent, in whole or in part, subject to the standard conditions and, subject to paragraphs (3) to (6) below, to such additional conditions as they think fit; or
b
refuse consent; or
c
decline to determine the application in accordance with section 70A of the Act, which shall apply in relation to the application subject to the modifications specified in Part I of Schedule 4, the provisions of that section as modified being set out in Part II of that Schedule.
2
An express consent may be —
a
for the display of a particular advertisement or advertisements with or without illumination, as the applicant specifies;
b
for the use of a particular site for the display of advertisements in a specified manner, whether by reference to the number, siting, size or illumination of the advertisements, or the structures intended for such display, or the design or appearance of any such structure, or otherwise; or
c
for the retention of any display of advertisements or the continuation of the use of a site begun before the date of the application.
3
The conditions imposed under paragraph (1)(a) above may in particular include conditions —
a
regulating the display of advertisements to which the consent relates;
b
regulating the use for the display of advertisements of the site to which the application relates or any adjacent land under the control of the applicant, or requiring the carrying out of works on any such land;
c
requiring the removal of any advertisement or the discontinuance of any use of land authorised by the consent, at the end of a specified period, and the carrying out of any works required for the reinstatement of the land.
4
The local planning authority shall not, under paragraph (1)(a) above, impose any condition in relation to the display of an advertisement within any class specified in Schedule 3 more restrictive than those imposed by that Schedule in relation to that class.
5
Subject to paragraph (4) above, an express consent shall be subject to the condition that it expires at the end of —
a
such period as the local planning authority may specify in granting the consent; or
b
where no period is so specified, a period of 5 years.
6
A local planning authority may specify a period under paragraph (5)(a) above as a period running from the earlier of the following, namely the date of the commencement of the display or a specified date not later than 6 months after the date on which the consent is granted.
Notification of decision
14
1
The grant or refusal of an express consent by a local planning authority shall be notified in writing to the applicant within a period of 8 weeks from the date of the receipt of the application or such longer period as the applicant may, before the expiry of that period, agree in writing.
2
The authority shall state in writing their reasons for —
a
any refusal of consent in whole or in part;
b
any decision to impose any condition under regulation 13(1)(a) on a consent, except a condition specified in Schedule 3 in relation to a class within which the advertisement falls; and
c
any condition whereby the the consent expires before the expiry of 5 years from the date on which it is granted, except when the consent is granted for the period for which it was applied for.
Appeals to the Secretary of State
15
1
Sections 78 and 79 of the Act shall apply, in relation to applications for express consent under these Regulations, subject to the modifications specified in Part III of Schedule 4.
2
The provisions of those sections, as modified under paragraph (1) above, are set out in Part IV of that Schedule.
3
Where a discontinuance notice is served under regulation 8, sections 78 and 79 of the Act shall apply subject to the modifications specified in Part V of Schedule 4.
Revocation or modification of express consent
16
1
If a local planning authority are satisfied that it is expedient, they may by order revoke or modify an express consent, subject to paragraphs (2) to (7) below.
2
An order under paragraph (1) above shall not take effect without the approval of the Secretary of State.
3
When an authority submit an order under paragraph (1) above to the Secretary of State for approval, they shall serve notice on the person who applied for the express consent, the owner and the occupier of the land affected and any other person who, in their opinion, will be affected by the order, specifying a period of at least 28 days from the service of the notice within which objection may be made.
4
If, within the period specified in the notice, an objection to the order is received by the Secretary of State from any person on whom notice was served, the Secretary of State shall, before approving the order, give to that person and to the local planning authority an opportunity of appearing before and being heard by a person appointed by him.
5
The power to make an order under this regulation may be exercised —
a
in a case which involves the carrying out of building or other operations, at any time before those operations have been completed;
b
in any other case, at any time before the display of advertisements is begun.
6
In a case to which paragraph (5)(a) above applies, the revocation or modification of consent shall not affect such operations as have already been carried out.
7
The Secretary of State may approve an order submitted to him under this regulation either without modification or subject to such modifications as he considers expedient.
Compensation for revocation or modification
17
1
Where —
a
an order under regulation 16 takes effect; and
b
within 6 months of its approval a claim in writing is served on the local planning authority, either by delivery at or by post to their offices,
the authority shall pay compensation to the claimant for any loss or damage suffered in the circumstances and to the extent specified in paragraph (2) below.
2
Compensation is payable if, and to the extent that, the claimant has —
a
incurred expenditure in carrying out abortive work, including the preparation of plans or similar material;
b
otherwise sustained loss or damage directly attributable to the order, other than loss or damage consisting of any depreciation in value of any interest in land,
but excluding any work done, or loss or damage arising out of anything done or not done, before the grant of consent.
PART IV
AREAS OF SPECIAL CONTROL
Area of Special Control Orders
18
1
Every local planning authority shall from time to time consider whether any part or additional part of their area should be designated as an area of special control.
2
An area of special control shall be designated by an area of special control order made by the local planning authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
3
An area of special control order may be revoked or modified by a subsequent order made by the authority and approved by the Secretary of State, in accordance with the provisions of Schedule 5.
4
Where an area of special control order is in force, the local planning authority shall consider at least once in every 5 years whether it should be revoked or modified.
5
Before making an order under this regulation, a local planning authority shall consult —
a
where it appears to them that the order will be likely to affect any part of the area of a neighbouring local planning authority, that authority;
b
where the order will relate to any land in a National Park which is land that is not in a metropolitan county, any district planning authority within whose area any of that land is situated.
6
A local planning authority shall not exercise their power under this regulation in the interests of public safety within the meaning of regulation 4(1).
Control in areas of special control
19
1
Subject to the provisions of this regulation, no advertisements may be displayed in an area of special control unless they fall within —
a
Classes B to J in Schedule 2;
b
Classes 1 to 3, 5 to 7 and 9 to 14 in Schedule 3;
c
paragraph (2) below.
2
Advertisements of the following descriptions displayed with express consent come within this paragraph —
a
hoardings or similar structures to be used only for the display of notices relating to local events, activities or entertainments;
b
any advertisement for the purpose of announcement or direction in relation to buildings or other land in the locality, where reasonably required having regard to the nature and situation of such buildings or other land;
c
any advertisement required in the interests of public safety;
d
any advertisement which could be displayed by virtue of paragraph (1)(b) above but for some non-compliance with a condition or limitation imposed by Schedule 3 as respects size, height from the ground, number or illumination or but for a direction under regulation 7;
e
any advertisement within Class 4A, 4B or 8 in Schedule 3.
3
Express consent may not be given for the display in an area of special control of an illuminated advertisement falling within sub-paragraph (2)(a) or (b) above.
4
Without prejudice to paragraph (2) above, where an area is designated as an area of special control, advertisements within paragraph (5) below which are being displayed immediately before the relevant order comes into force may continue to be displayed, but only for the period specified in relation thereto in that paragraph.
5
The advertisements and specified periods mentioned in paragraph (4) above are —
a
any advertisement within Class 4A or 4B in Schedule 3 for which express consent has not been granted, 5 years from the date on which the order comes into force;
b
any advertisement within Class 8 for which express consent has not been granted, 1 year from the date on which the order comes into force or 2 years from the date on which the advertisement was first displayed, whichever period expires later;
c
any advertisement for which express consent has been granted, 6 months from the date on which the order comes into force or for the remainder of the period of the express consent, whichever period expires later.
6
Nothing in paragraphs (1) to (5) above shall —
a
affect a notice served at any time under regulation 8;
b
override any condition imposed on a consent, whereby an advertisement is required to be removed;
c
restrict the powers of a local planning authority, or of the Secretary of State, in regard to any contravention of these Regulations;
d
render unlawful the display, pursuant to express consent or to Class 14 in Schedule 3, of an advertisement mentioned in paragraph 2(d) or (e) above.
PART V
MISCELLANEOUS
Repayment of expense of removing prohibited advertisements
20
The time limit prescribed for the purpose of making a claim for compensation under section 223 of the Act for the recovery of expenses reasonably incurred is a period of 6 months from the completion of the works.
Register of applications
21
1
Every local planning authority shall keep a register containing particulars of —
a
any application made to them for express consent for the display of an advertisement, including the name and address of the applicant, the date of the application and the type of advertisement concerned;
b
any direction given under these Regulations relating to the application;
c
the date and effect of any decision of the local planning authority on the application;
d
the date and effect of any decision of the Secretary of State on an appeal.
2
The register shall include an index to enable a person to trace any entry therein.
3
Any part of the register which relates to land within a particular part of the area of a local planning authority may be kept at a place within or convenient to that part of their area.
4
Subject to paragraph (3) above, the register shall be kept at the office of the local planning authority.
5
Every entry in the register consisting of particulars of an application shall be made within 14 days of the receipt of that application.
6
The register shall be open to public inspection at all reasonable hours.
Directions requiring information
22
The Secretary of State may give a direction to a local planning authority, or to such authorities generally, requiring them to provide him with information required for the purpose of any of his functions under these Regulations.
Exercise of powers by the Secretary of State
23
1
If it appears to the Secretary of State, after consultation with the local planning authority, that —
a
a discontinuance notice should be served under regulation 8; or
b
an area of special control order, or an order revoking such an order, should be made under regulation 18,
he may himself serve such a notice or make such an order.
2
Where the Secretary of State proposes to exercise his powers under paragraph (1) above, the provisions of regulations 8 and 15 (in relation to sub-paragraph (a)), and of regulation 18 and Schedule 5 (in relation to sub-paragraph (b)), shall apply as they apply to the action of a local planning authority, with such modifications as may be necessary.
Discontinuance notice in respect of authority’s advertisement
24
1
If the Secretary of State is satisfied that it is necessary to remedy a substantial injury to the amenity of the locality or a danger to members of the public, he may serve a discontinuance notice under regulation 8 in relation to an advertisement within Class 1B in Schedule 3.
2
Paragraphs (2), (5) and (6) of regulation 8 shall apply to a discontinuance notice to which paragraph (1) above applies as if references to the local planning authority were references to the Secretary of State.
3
Paragraph (3) of regulation 15 shall apply to a discontinuance notice to which paragraph (1) above applies, with such modifications as may be necessary.
Extension of time limits
25
The Secretary of State may, in any particular case, extend the time within which anything is required to be done under these Regulations or within which any objection, representation or claim for compensation may be made.
Cancellation or variation of directions
26
Any power conferred by these Regulations to give a direction includes power to cancel or vary the direction by a subsequent direction.
Contravention of Regulations
27
A person displaying an advertisement in contravention of these Regulations shall be liable on summary conviction of an offence under section 224(3) of the Act to a fine of an amount not exceeding level 3 on the standard scale and, in the case of a continuing offence, one-tenth of level 3 on the standard scale for each day during which the offence continues after conviction.
Statutory Instruments revoked
28
The Town and Country Planning (Control of Advertisements) Regulations 1989 , the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1990 and the Town and Country Planning (Control of Advertisements) (Amendment) ( No. 2) Regulations 1990 are hereby revoked.
Michael Heseltine
Secretary of State for the Environment
11th March 1992
David Hunt
Secretary of State for Wales
11th March 1992


text:
Citation and commencement
1
1
This Order may be cited as the North, South and West Yorkshire (County and District Boundaries) Order 1992.
2
This Order shall come into force on 1st October 1992 for any purpose set out inregulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1993.
Interpretation
2
1
In this Order —
“district” includes a metropolitan borough and a city;
“electoral division” means an electoral division of the county of North Yorkshire;
“the map” means one or more of the 30 maps prepared by the Department of the Environment, marked “Maps of the North, South and West Yorkshire (County and District Boundaries) Order 1992”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to a ward is a reference to a ward of the district to which an area is transferred, save where the expression “parish ward” appears (when it refers to a ward of the parish to which an area is transferred) and in article 11;
“North Yorkshire” means the county of North Yorkshire, and any reference to Selby is a reference to the North Yorkshire district of that name;
“South Yorkshire” means the metropolitan county of South Yorkshire, and any reference to Barnsley, to Doncaster or to Rotherham is a reference to the South Yorkshire district of that name;
“West Yorkshire” means the metropolitan county of West Yorkshire, and any reference to Leeds, to Wakefield or to Kirklees is a reference to the West Yorkshire district of that name;
and any reference to an area as unparished is a reference to that area not forming part of any parish.
Transfers from North Yorkshire (Selby) to West Yorkshire (Wakefield)
3
The following areas —
i
the part of the parish of Cridling Stubbs marked G on map 9; and
ii
the part of the parish of Kirk Smeaton marked C on map 10 —
shall be transferred from North Yorkshire and from Selby to —
a
West Yorkshire;
b
Wakefield; and to
c
the Pontefract petty sessional division and the West Yorkshire Eastern coroner’s district.
The area marked G on map 9 shall additionally be transferred to the Knottingley ward and shall cease to form part of any parish. The area marked C on map 10 shall additionally be transferred to the South Elmsall ward, and to the parish of North Elmsall.
Transfers from West Yorkshire (Wakefield) to North Yorkshire (Selby)
4
The following areas shown on map 9 —
i
the part of the parish of Darrington marked E; and
ii
the unparished area marked F —
shall be transferred from West Yorkshire and from Wakefield to —
a
North Yorkshire;
b
Selby;
c
the parish of Cridling Stubbs;
d
Whitley ward and the Osgoldcross electoral division; and to
e
the Selby petty sessional division and the Claro coroner’s district.
Transfers from South Yorkshire (Barnsley and Doncaster) to West Yorkshire (Kirklees and Wakefield)
5
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from South Yorkshire and from the district and parish (if any) named in column 3 to —
a
West Yorkshire;
b
the district mentioned in column 4;
c
the parish, ward, petty sessional division and West Yorkshire coroner’s district so mentioned.
TABLE
1. 2. 3. 4. Area marked On map Transferred from South Yorkshire, and from — To West Yorkshire,and to —
A and B 22
Barnsley
Parish of Gunthwaite and Ingbirchworth
Kirklees
Parish of Denby Dale
Denby and Cumberworth parish ward
Denby Dale ward
Huddersfield petty sessional division
Western coroner’s district
A and C
A and D
23
24
Barnsley
Parish of High Hoyland
Kirklees
Parish of Denby Dale
Clayton West parish ward
Denby Dale ward
Huddersfield petty sessional division
Western coroner’s district
C and D
F
29
30
Barnsley
Unparished
Wakefield
Parish of Notton
Wakefield South ward
Wakefield petty sessional division
Eastern coroner’s district
A 10
Doncaster
Parish of Hampole
Wakefield
Parish of North Elmsall
South Elmsall ward
Pontefract petty sessional division
Eastern coroner’s district
B 10
Doncaster
Parish of Norton
Wakefield
Parish of North Elmsall
South Elmsall ward
Pontefract petty sessional division
Eastern coroner’s district
Transfers from West Yorkshire (Kirklees and Wakefield) to South Yorkshire (Barnsley and Doncaster)
6
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from West Yorkshire, and from the district and the parish named in column 3 to —
a
South Yorkshire;
b
the district mentioned in column 4; and to
c
the parish (if any) and the ward so mentioned.
TABLE
1. 2. 3. 4. Area marked On map Transferred from West Yorkshire, and from — To South Yorkshire, and to —
A 21
Kirklees
Parish of Denby Dale
Barnsley
Parish of Dunford
Penistone West ward
B
B and C
23
24
Kirklees
Parish of Denby Dale
Barnsley
Parish of High Hoyland
Penistone East ward
H 30
Wakefield
Parish of Havercroft with Cold Hiendley
Barnsley
Unparished
Royston ward
A 27
Wakefield
Parish of Notton
Barnsley
Unparished
Darton ward
A
B
E
G
28
28 & 29
29 & 30
30
Wakefield
Parish of Notton
Barnsley
Unparished
Royston ward
J 30
Wakefield
Parish of South Hiendley
Barnsley
Parish of Shafton
Brierley ward
B 11
Wakefield
Parish of South Kirkby and Moorthorpe
Barnsley
Parish of Great Houghton
Darfield ward
A and B 25
Wakefield
Parish of West Bretton
Barnsley
Unparished
Darton ward
A and B 26
Wakefield
Parish of Woolley
Barnsley
Unparished
Darton ward
A 11
Wakefield
Parish of South Kirkby and Moorthorpe
Doncaster
Parish of Clayton with Frickley
Richmond ward
2
The area marked A on map 11 shall additionally be transferred to the Doncaster petty sessional division, and to the South Yorkshire East coroner’s district.
3
All other areas transferred by this article shall be transferred to the Barnsley petty sessional division, and to the South Yorkshire West coroner’s district.
Transfers within South Yorkshire between Barnsley and Doncaster
7
1
The following areas of Barnsley —
a
the unparished parts marked A on map 12 and B on map 15; and
b
the part of the parish of Great Houghton marked C on map 12 —
shall be transferred to Doncaster, to the Richmond ward, to the Doncaster petty sessional division and to the South Yorkshire East coroner’s district. The area marked B on map 15 shall form part of the parish of Adwick upon Dearne, and the areas marked A and C on map 12 shall form part of the parish of Clayton with Frickley.
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Doncaster, and from the parish named in column 3 to —
a
Barnsley;
b
the parish (if any) mentioned in column 4;
c
the ward so mentioned; and to
d
the Barnsley petty sessional division and the South Yorkshire West coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Doncaster, and from — To Barnsley, and to —
A 14 Parish of Barnburgh
Unparished
Dearne South ward
B 12 Parish of Clayton with Frickley
Parish of Great Houghton
Darfield ward
A 13 Parish of Clayton with Frickley
Unparished
Dearne Thurnscoe ward
E
B
13
14
Parish of Hickleton
Unparished
Dearne South ward
D 13 Parish of Hickleton
Unparished
Dearne Thurnscoe ward
B and C 13 Parish of Hooton Pagnell
Unparished
Dearne Thurnscoe ward
Transfers within South Yorkshire between Barnsley and Rotherham
8
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Barnsley (and from the parish, if any, named in column 3) to —
a
Rotherham;
b
the parish and parish ward (if any) mentioned in column 4;
c
the ward so mentioned; and to
d
the Rotherham petty sessional division and the South Yorkshire East coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Barnsley, and from — To Rotherham, and to —
A, D and F 19 Unparished
Parish of Brampton
Bierlow
Brampton, Melton and Wentworth ward
A 20 Parish of Tankersley
Parish of Wentworth
Harley parish ward
Brampton, Melton and Wentworth ward
C 20 Unparished
Parish of Wentworth
Harley parish ward
Brampton, Melton and Wentworth ward
E 20 Unparished
Parish of Wentworth
Wentworth parish ward
Brampton, Melton and Wentworth ward
H 16 & 18 Unparished
Unparished
Brampton, Melton and Wentworth ward
A
N
C, D, E and G
C, E, G, J and L
A and D
15 & 17
16 & 17
16
17
18
Unparished
Unparished
Wath ward
2
Each area which is marked as shown in column 1 on the following Table on the map indicated in column 2 shall be transferred from Rotherham (and from the parish, if any, named in column 3) to —
a
Barnsley;
b
the ward mentioned in column 4;
c
the Barnsley petty sessional division; and to
d
the South Yorkshire West coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Rotherham, and from — To Barnsley, and to —
B, C and E 19
Parish of Brampton
Bierlow
Unparished
Wombwell South ward
D 20 Parish of Wentworth
Unparished
Hoyland East ward
B 20 Parish of Wentworth
Parish of Tankersley
Penistone East ward
B, D, F, H, I, K and M
B
17
16
Unparished
Unparished
Dearne South ward
F
B and C
16
18
Unparished
Unparished
Wombwell South ward
Transfers within West Yorkshire between Kirklees and Wakefield
9
1
The unparished areas of Kirklees which are marked A on map 1, B on map 3, A, B and C on map 2, and A on map 4 shall be transferred to Wakefield, to the Ossett ward, to the Wakefield petty sessional division, and to the West Yorkshire Eastern coroner’s district, remaining unparished.
2
The unparished area of Wakefield which is marked D on map 2, and A on map 3 shall be transferred to Kirklees, to the Dewsbury East ward, to the Batley and Dewsbury petty sessional division, and to the West Yorkshire Western coroner’s district, remaining unparished.
Transfers within West Yorkshire between Leeds and Wakefield
10
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Leeds and from the parish (if any) named in column 3 to Wakefield, to the parish and parish ward (if any), ward and petty sessional division mentioned in column 4.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Leeds, and from — To Wakefield, and to —
A 8 Parish of Ledston
Unparished
Castleford and Glasshoughton ward
Pontefract petty sessional division
A 7 Unparished
Parish of Normanton
Altofts parish ward
Stanley and Altofts ward
Wakefield petty sessional division
A
B
6 Unparished
Unparished
Stanley and Altofts ward
Wakefield petty sessional division
E
G
J
6
5 & 6
5
Unparished
Unparished
Stanley and Wrenthorpe ward
Wakefield petty sessional division
2
The unparished areas of Wakefield marked C, D and F on map 6 and H on map 5 shall be transferred from Wakefield to Leeds, and to the Skyrack and Wetherby petty sessional division, remaining unparished. The area marked C on map 6 shall form part of the Middleton ward, and the areas marked H on map 5 and D and F on map 6 shall form part of the Morley South ward.
Consequential change to ward boundary within Barnsley
11
1
In this article, “ward” means a ward of Barnsley.
2
The area of Barnsley marked G on map 19 shall be transferred from the Hoyland East ward to the Wombwell South ward.
Consequential change to parishes in Doncaster
12
The part of the parish of Barnburgh which is marked C on map 14 shall be transferred to the parish of Hickleton.
Town and country planning
13
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 )
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
31st August 1992