type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Customs Duties ( ECSC ) (Amendment No. 8) Order 1992, and shall come into force on 24th October 1992.
2
The Customs Duties (ECSC) Order 1987 shall be amended as follows:
a
for subparagraph (a) of paragraph (2) of article 6 there shall be substituted the following paragraph–
a
named in Part I–
i
if they are regarding as originating in that country by applying the provisions of the Protocol to the Agreements, or
ii
if, in relation to the Republics of Bosnia-Herzegovina, Croatia, Macedonia and Slovenia, they are regarded as originating in any one of those countries by virtue of the application of the provisions relating to origin of goods in the Commission Regulation;
; and
b
the words “Republic of Montenegro” in Part 1 of Schedule 1 shall be deleted.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Transport Levying Bodies Regulations 1992 and shall come into force on 1st December 1992.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“council concerned” means, in relation to a levying body, a council as respects which the levying body would, apart from section 117 of the 1988 Act, have had a relevant precepting power;
“levying body” has the same meaning as in section 74 of the 1988 Act;
“local Act levying body” means a levying body whose relevant precepting power is conferred by a local or private Act;
“relevant Act”, in relation to a levying body, means the Act by which a relevant precepting power is conferred on that body;
“relevant precepting power” means any power under an Act which a levying body would, apart from section 117 of the 1988 Act, have had in respect of the financial year commencing in 1990 to issue a precept to, make a levy on or have its expenses paid by a county council or a charging authority.
Application
3
The levying bodies to which these Regulations apply are —
a
the metropolitan county passenger transport authorities established by section 28 of the Local Government Act 1985 ,
b
the local Act levying bodies listed in the Schedule to these Regulations,
c
subject to regulation 14 below, the Tweed Bridges Trust, and
d
any other levying body whose functions consist exclusively of the administration of a bridge or harbour.
Power to issue levies
4
1
Each levying body to which these Regulations apply shall have power to issue to a council concerned and in accordance with these Regulations a levy in respect of each chargeable financial year to meet those liabilities and expenses of the levying body to which its relevant precepting power applies.
2
A levy must state whether it or any portion of it is applicable to all or part of the area of the council concerned to which it is issued and, in the case of a part, what part.
Date of issue of levies
5
1
A levy, other than a substituted levy issued under regulation 9 below, shall be issued before 15th February preceding the commencement of the financial year in respect of which it is issued (in this regulation called “the relevant date”), but shall not be invalid merely because it is issued on or after that date.
2
Where the relevant Act would, apart from section 117 of the 1988 Act, require the levying body to issue a precept, make a levy or provide an estimate of its expenditure to be paid, before a date which is earlier than the relevant date, that earlier date shall be the relevant date for the purposes of paragraph (1) above.
3
Paragraph (2) does not apply —
a
to a levy issued for the financial year beginning in 1993; or
b
to a levy to which regulation 7(3) applies.
Maximum amount of levies
6
1
This regulation applies to a local Act levying body whose relevant precepting power is subject to a limit (in this regulation called “the relevant limit”) imposed by or under the relevant Act on the amount for which it could issue a precept to, make a levy on or seek payment from the council concerned.
2
Subject to the following provisions of this regulation, any levy which the levying body may issue under these Regulations shall be subject to the relevant limit.
3
Where the relevant limit is expressed in terms of the product of a rate of a specified amount for the area of the council concerned, or for a specified part of that area, in relation to a financial year, for the purposes of a levy issued in respect of —
a
the financial year commencing in 1993, the product of a rate of that amount for that area, or as the case may be, for that part, shall be taken to be the amount ascertained in accordance with regulation 6(3) of the Transport Levying Bodies Regulations 1990 for the purposes of a levy issued in respect of the financial year commencing in 1992, increased by 3.6 per cent, and
b
any subsequent financial year, the product of a rate of that amount for that area or part shall be taken to be the amount ascertained in accordance with subparagraph (a) above increased or decreased by such factor as shall be agreed between the levying body and the council concerned (and if more than one, by all the councils concerned) or, in the event that such factor is not so agreed, increased or decreased in proportion to the difference between the retail prices index published for September of the financial year preceding that in respect of which the levy is issued and that index published for September 1992.
4
References in paragraph 3(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment of levies
7
1
Where, in the case of a local Act levying body, the relevant Act specifies a proportion in which the amounts of precepts, levies or expenses are to be borne by the councils concerned, the levying body shall secure that the amounts for which levies are issued by it under these Regulations are borne by the councils concerned in that proportion.
2
Where in the case of a local Act levying body, the relevant Act specifies a limit on the amount of any such precepts, levies or expenses which may be apportioned to any council concerned, that limit shall apply to the amount of any levy issued by the levying body under these Regulations which may be apportioned to that council.
3
Subject to paragraphs (1) and (2) above, each levying body shall secure that any amounts for which levies are issued by it under these Regulations are borne by the councils concerned (if more than one) in proportion.
4
Proportions under paragraph (3) above shall be determined —
a
in the case of a levy issued by a metropolitan passenger transport authority, in accordance with paragraphs (5) and (6) below, and
b
in the case of any other levy issued under these Regulations, in accordance with paragraphs (7) to (11) below.
5
In the case of a levy issued by a metropolitan county passenger transport authority, proportions under paragraph (3) above shall be determined by reference to the total resident population at the relevant date of the area of each council concerned as estimated by the Registrar General.
6
For the purposes of paragraph (5) above the relevant date in relation to a levy for a financial year is 30th June in the financial year which commenced two years previously.
7
Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in such proportion as they may agree, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in that agreed proportion or, if no proportion is agreed, in the relevant proportion.
8
Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in a proportion calculated by reference to population, or the product of a rate, a rateable value or any other factor connected with rating, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in the relevant proportion.
9
For the purposes of this regulation, the relevant proportion shall be determined by reference to the council tax base for the financial year in respect of which the levy is issued for the area of each council concerned or, as the case may be, the part of that area in respect of which the levy is issued.
10
For the purposes of this regulation and regulation 8(2), the council tax base for an area or part of an area for a financial year is, subject to paragraph (11), —
a
where the levy is issued in respect of the whole of a billing authority’s area, the amount calculated by that authority as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;
b
where the levy is issued in respect of the whole of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas in accordance with the rules for the time being effective (as regards that year) under regulations made under section 44(5) of the 1992 Act;
c
where the levy is issued in respect of part of a billing authority’s area, the amount calculated by that authority as its council tax base for the year for that part of its area in accordance with the rules for the time being effective (as regards the year) under regulations made under section 34(4) of the 1992 Act; or
d
where the levy is issued in respect of part of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the part area of the county council to which the levy relates in accordance with the rules for the time being effective (as regards that year) under regulations made under section 45(4) of the 1992 Act.
11
Where a billing authority has calculated and, where required, notified to a county council within the period prescribed by the Local Authorities (Calculation of Council Tax Base) Regulations 1992 , its council tax base for its area or the part of its area in respect of which the levy is issued for the purposes of item T in section 33(1) or 44(1) of the 1992 Act or item TP in section 34(3) or 45(3) of that Act the council tax base for its area or part of its area shall be the amount calculated.
Notification of council tax base
8
1
This regulation applies where the expenses to be met by levies are required by regulation 7 to be borne in the relevant proportion, and for the purposes of this regulation, a notifying authority, in relation to a levying body, is a billing authority —
a
which is a council concerned; or
b
to which a county council which is a council concerned has power to issue a precept.
2
A notifying authority shall, within the period —
a
in the financial year commencing on 1st April 1992, beginning on 1st December and ending on 31st January, and
b
in each succeeding year, beginning on 1st December and ending on 31st January,
inform a levying body of the council tax base, determined in accordance with paragraphs (10) and (11) of Regulation 7, for its area, or (as the case may require) the part or parts of its area in respect of which a levy will be issued or it anticipates that a levy will be issued in the immediately following financial year.
Substituted levies
9
1
Subject to the following provisions of this regulation, a levying body to which these Regulations apply may issue a levy in respect of a financial year in substitution for a levy previously issued by it for that year.
2
A local Act levying body shall not have power to issue a substituted levy unless, in exercise of its relevant precepting power it could have issued a substituted precept to, made a substituted levy on or required a substituted amount to be paid in respect of its expenses by the council concerned.
3
No levy shall be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (4) below.
4
The amount of any levy issued to a council concerned in substitution (“the new levy”) may be greater than the amount of that for which it is substituted (“the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 7 above as to apportionment, but shall not, when added to the amounts of the levies issued for the financial year by the levying body to the other councils concerned, exceed the total of the amounts of the levies which were first issued for that year by the levying body.
5
Where a levying body issues a new levy anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
6
But if the amount of the old levy exceeds that of the new levy, the following shall apply as regards anything paid if it would not have been paid had the amount of the old levy been the same as that of the new levy —
a
it shall be repaid if the council concerned by whom it was paid so requires;
b
in any other case it shall (as the levying body determines) either be repaid or be credited against any subsequent liability of the council concerned in respect of any levy issued by the levying body.
Payment of levies
10
1
Subject to paragraph (2) below, where, in relation to any local Act levying body, the relevant Act makes provision as to the payment (in instalments or otherwise) of the amount of the precept, levy or expenses to which the relevant precepting power applies, the amount of any levy issued by that levying body under these Regulations shall be paid by the council concerned in accordance with that provision.
2
In any case where, in relation to any local Act levying body, the relevant Act makes provision for payment of the amount of any such precept, levy or expenses within two months of the receipt of the precept, levy or demand for payment of the expenses, the amount of any levy issued by that levying body under these Regulations shall, notwithstanding that provision, be paid by the council concerned within two months of the commencement of the financial year in respect of which the levy is issued.
3
In any other case, the amount of a levy issued under these Regulations shall be paid in full by the council concerned in the financial year for which the levy is issued by instalments in accordance with the following paragraphs of this regulation.
4
If the amount of the levy in respect of the financial year in question exceeds £1 million it shall be paid by no less than ten instalments of such amounts and paid at such times as the levying body and the council concerned may agree so as to secure that the whole amount of the levy is paid before the end of that financial year and in default of such agreement the levy shall be paid by ten equal instalments payable monthly by the end of each of the first ten months of the financial year.
5
Any other levy is to be paid in no less than five instalments of such amounts and at such times as the levying body and the council concerned may agree so as to secure that the whole amount of the levy is paid before the end of December in the financial year in question and in default of such agreement such a levy shall be paid by five equal instalments payable respectively by the end of April, June, August, October and December in that financial year.
6
References in this regulation to payment of a levy are references to payment of a levy after deduction of any amount credited against the liability of a council concerned in respect of that levy in accordance with regulation 9(6)(b) above.
Interest on unpaid levies
11
1
If the amount of any levy issued under these Regulations or, as the case may be, of any instalment of such a levy is not paid by the due date for payment, the council concerned shall be liable to pay to the levying body interest calculated in accordance with paragrah (2) below on the unpaid amount from that day until the date when payment is made.
2
Interest payable under paragraph (1) shall be simple interest calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made at a rate equivalent to 2 per cent. above the highest base rate quoted from time to time by any of the reference banks.
3
For the purposes of paragraph (2) above —
a
the reference banks are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 ; and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom;
which quote a base rate in sterling;
b
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
4
In this regulation —
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) ; and
“a deposit taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act.
Anticipation of levies: billing authorities
12
1
In this regulation —
a
“billing authority concerned” means a council concerned which is a billing authority; and
b
in relation to a billing authority concerned, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraph (3) to (5) below apply where —
a
at the time when a billing authority concerned makes its calculations under section 32 of the 1992 Act for a financial year, a relevant levying body has not issued a levy to it in respect of that year; and
b
that relevant levying body has, in respect of the previous financial year, issued a levy to the billing authority concerned.
3
A billing authority concerned may, in estimating its expenditure under section 32(2)(a) of the 1992 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the billing authority concerned makes calculations in substitution for the year under section 37 of the 1992 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the billing authority concerned shall, in estimating its expenditure under section 32(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the billing authority concerned in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the billing authority concerned liable to pay anything to the relevant levying body.
Anticipation of levies: county councils
13
1
In this regulation —
a
“precepting authority concerned” means a council concerned which is a county council, and
b
in relation to a precepting authority concerned, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraphs (3) to (5) below apply where —
a
at the time when a precepting authority concerned estimates its expenditure under section 43(2)(a) of the 1992 Act for a financial year, a relevant levying body has not issued a levy to it in respect of that year, and
b
that relevant levying body has, in respect of the previous financial year, issued a levy to the precepting authority concerned.
3
A precepting authority concerned may, in estimating its expenditure under section 43(2)(a) of the 1992 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the precepting authority concerned issues a precept for the year in substitution under section 42 of the 1992 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the precepting authority concerned shall, in estimating its expenditure under section 43(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the precepting authority concerned in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the precepting authority concerned liable to pay anything to the relevant levying body.
Application to Tweed Bridges Trust
14
In their application to the Tweed Bridges Trust these Regulations shall have effect —
a
as if the Determination made by the Secretary of State on 7th April 1884 under section 90 of the Roads and Bridges (Scotland) Act 1878 were a local or private Act, and
b
insofar as the power of the said Trust under the said Determination to have its expenses paid by a council concerned would, apart from section 117 of the 1988 Act, be exercisable in England.
Revocation
15
1
Subject to paragraph (2) below, the Transport Levying Bodies Regulations 1990 are hereby revoked.
2
Those Regulations shall continue to have effect in relation to levies issued or anticipated in accordance with them in respect of a financial year beginning before 1st April 1993.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
9th December 1992


text:
Citation
1
These Regulations may be cited as the Income-Related Benefits Amendment Regulations 1992.
Commencement
2
1
Regulation 1, this regulation and regulations 5 and 6 shall come into force on 5th October 1992.
2
Regulations 3 and 4, in so far as they relate to a particular claimant, shall come into force on the first day of the first benefit week to commence for that claimant on or after 5th October 1992, and for the purposes of this paragraph, the expressions “benefit week”and “claimant”have the same meanings as in regulation 2(1) of the Income Support (General) Regulations 1987 .
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
In paragraph 15 of Part IV of Schedule 2 —
a
in sub-paragraph (2) (pensioner premium) for the amounts “£14.70”and “£22.35” there shall be substituted the amounts “£16.70” and “£25.35” respectively;
b
in sub-paragraph (2A) (pensioner premium for persons aged 75 and over) for the amounts “£16.65”and “£25.00” there shall be substituted the amounts “£18.65” and “£28.00” respectively; and
c
in sub-paragraph (3) (higher pensioner premium), for the amounts “£20.75”and “£29.55” there shall be substituted the amounts “£22.75” and “£32.55” respectively.
3
In paragraph 5 of Schedule 3A (reduction of protected sum) —
a
in sub-paragraph (1), for the words “sub-paragraphs (2) to (5)” there shall be substituted the words “sub-paragraphs (2) to (6)”; and
b
after sub-paragraph (5) there shall be added the following sub-paragraph —
6
Where by virtue of the coming into force of regulation 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days beginning on 5th October 1992, no account shall be taken of that increase.
.
4
In paragraph 4 of Schedule 3B (reduction of protected sum) —
a
in sub-paragraph (1) for the words “sub-paragraphs (2) to (4)” there shall be substituted the words “sub-paragraphs (2) to (5)”; and
b
after sub-paragraph (4) there shall be added the following sub-paragraph —
5
Where by virtue of the coming into force of regulation 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 5th October 1992, no account shall be taken of that increase.
.
Amendment of Income Support (Transitional) Regulations
4
In regulation 14 of the Income Support (Transitional) Regulations 1987 (reduction and termination of transitional and personal expenses addition), after paragraph (1DA) there shall be inserted the following paragraph —
1DZA
Notwithstanding paragraph (1)(a) or (d), the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his applicable amount is attributable to the amendments made by regulation 3(1) and (2) of the Income-Related Benefits Amendment Regulations 1992 and that increase in his applicable amount takes effect in his benefit week beginning on a day during the period of 7 days commencing on 5th October 1992.
.
Amendment of the Housing Benefit (General) Regulations 1987
5
1
Paragraph 15 of Part IV of Schedule 2 to the Housing Benefit (General) Regulations 1987 shall be amended in accordance with paragraphs (2) to (4) below.
2
In sub-paragraph (2) (pensioner premium) for the amounts “£14.70” and “£22.35” there shall be substituted the amounts “£16.70” and “£25.35” respectively.
3
In sub-paragraph (2A) (pensioner premium for persons aged 75 and over) for the amounts “£16.65” and “£25.00” there shall be substituted the amounts “£18.65” and “£28.00” respectively.
4
In sub-paragraph (3) (higher pensioner premium), for the amounts “£20.75”and “£29.55”, there shall be substituted the amounts “£22.75” and “£32.55” respectively.
Amendment of the Community Charge Benefits (General) Regulations
6
1
Paragraph 17 of Part IV of Schedule 1 to the Community Charge Benefits (General) Regulations 1989 shall be amended in accordance with paragraphs (2) to (4) below.
2
In sub-paragraph (2) (pensioner premium) for the amounts “£14.70”and “£22.35”there shall be substitued the amounts “£16.70” and “£25.35” respectively.
3
In sub-paragraph (3) (pensioner premium for persons aged 75 or over) for the amounts “£16.65”and “£25.00” there shall be substituted the amounts “£18.65” and “£28.00” respectively.
4
In sub-paragraph (4) (higher pensioner premium), for the amounts “£20.75”and “£29.55”there shall be substituted the amounts “£22.75” and “£32.55” respectively.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
4th June 1992


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 13 Revocation) Order 1992 and shall come into force at 17.00 hours on 31st January 1992.
Revocation
2
The Food (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 13) Order 1991 , in so far as still in force, is hereby revoked.
P. S. Collings
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
31st january 1992


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order, which connect the main new trunk road with another highway as stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
i
“the deposited plan”means the plan numbered RSE A249/2/65/2/3, marked “The A249 Iwade Bypass (Slip Roads) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P3PY;
ii
“the main new trunk road”means the highway along the route described in paragraph 1 of the Schedule to The A249 Iwade Bypass Order 1992 which is to be constructed by the Secretary of State in pursuance of that Order.
5
This Order shall come into force on 27th March 1992 and may be cited as the A249 Iwade Bypass (Slip Roads) Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
24th February 1992


text:
Citation and commencement
1
This order may be cited as the City of London (Non-Domestic Rating Multiplier) Order 1992, and shall come into force on February 1992.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“the Distribution Report” means the Revenue Support Grant Distribution Report (England) made by the Secretary of State for the Environment on 20th December 1989 under section 80(1) of the Act as amended by the Revenue Support Grant Distribution (Amendment) Report (England) and the Revenue Support Grant Distribution (Amendment) ( No. 2) Report (England) made by the Secretary of State for the Environment on 16th January 1991 and 20th January 1992 respectively under section 80(5)(b) of the Act.
Required minimum multiplier
3
The required minimum for the Common Council’s non-domestic rating multiplier for the chargeable financial year beginning in 1992 is the figure equal to 95.412 per cent of the non-domestic rating multiplier specified for the year in accordance with Part I of Schedule 7 to the Act.
Required maximum multiplier
4
Subject to paragraph below, the required maximum for the Common Council’s non-domestic rating multiplier for the chargeable financial year beginning in 1992 is the figure calculated in accordance with the formula
A + B C
where —
A is the required minimum for the Common Council’s non-domestic rating multiplier calculated for the year in accordance with article 3 of this Order,
B is 99% of the amount, if any, by which, at the time of the calculation of the required maximum, the amount calculated by the Common Council under section 95(4) of the Act for the year exceeds the standard spending assessment calculated for the Council for the year in accordance with the provisions of the Distribution Report, and
C is the total of the rateable values shown in the Common Council’s local non-domestic rating list for 31st December 1991, multiplied by 0.813.
2
In calculating the required maximum under paragraph (1), a part of a whole (if any) shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this paragraph) there would be more than five ten-thousandths, and
b
ignoring the ten-thousandths where (apart from this paragraph) there would be five, or less than five, ten-thousandths,
provided that if theresulting figure is equal to or less than the required minimum for the year, the required maximum shall be calculated by adding one thousandth to that figure.
Michael Heseltine
Secretary of State for the Environment
5th February 1992


text:
1
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
The Merchant Shipping (Light Dues) Regulations 1990 shall be amended in the Schedule thereto as follows:–
a
in paragraph 1(1) of Part I (Scale of Payments):–
for “£53” substitute “£60”
for “35 pence” (in both places) substitute “41.5 pence”;
for “70 pence” substitute “83 pence”;
b
after paragraph 1(5) of Part I insert the following–
6
A payment on account of light dues made under paragraph 1(1) in any year shall not entitle the ship to–
a
any exemption from dues in accordance with the provisions of paragraph 1(2), or
b
any limititation of liability for dues in accordance with the provisions of paragraph 1(4);
beyond 30 April in the following year
.
c
in paragraph 2 of Part I:–
Tugs and registered fishing vessels
in sub-paragraph (1)(a), for “£192” and “£19” substitute “£205” and “£21” respectively;
in sub-paragraph (1)(b), for “£107” and “£11” substitute “£115” and “£12” respectively;
in sub-paragraphs (2) and (3), amend the minimum payments from “£53” to “£60” in each case.
Pleasure craft
in sub-paragraph (4), for “£66” substitute “£78”; and for “£22” substitute “£26”;
in sub-paragraph (5), for “£22” substitute “£26”.
d
in paragraph 5(c) of Part II add at the end:–
and where the dues payable are not a multiple of a penny the excess shall be rounded down to the nearest penny;
.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th March 1992


text:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 8) Order 1992.
Commencement of provisions concerning advertisements
2
The following provisions of the Planning and Compensation Act 1991 shall come into force on 6th April 1992 —
section 19, so far as it is not yet in force;
section 24;
section 32, so far as it relates to paragraph 38 of Schedule 7 and sub-paragraph (3) of paragraph 53 of that Schedule, so far as that sub-paragraph is not yet in force; and
section 84(6), so far as it gives effect to the repeal, in Part I of Schedule 19, of paragraph 4(1) of Schedule 1 to the Town and Country Planning Act 1990 , so far as that repeal is not yet in force.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992


text:
Citation and commencement
1
This Order may be cited as the Shetland Islands Council (North Haven, Fair Isle) Harbour Revision Order 1992 and shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Application of Zetland County Council Act 1974 to additional area
2
Schedule 1 to the Zetland County Council Act 1974 is amended by adding thereto the following area: —
NORTH HAVEN, FAIR ISLE AREA
The tidal waters of North Haven, Fair Isle, the seaward boundary whereof is a straight line in an easterly direction from high water mark on the most northerly point on Yessness (latitude 59°32'28.8053", longitude 10°36'12.6627") to high water mark on the most northerly point on the western side of North Gavel (latitude 59°32'28.9051", longitude 01°35'52.4146").
.
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
18th May 1992


text:
1
This Order may be cited as the Gipsy Encampments (District of Daventry) Order 1992 and shall come into force on 19th August 1992.
2
The area of the District of Daventry is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Michael Howard
Secretary of State for the Environment
22nd July 1992


text:
1
This Order may be cited as the A41 Trunk Road (Brentfield Gardens, Barnet) (Prohibition of Right Turn) Order 1992 and shall come into force on 24th February 1992.
2
In this Order, “Brentfield Gardens” means the length of the road known as Brentfield Gardens in the London Borough of Barnet which is part of the southbound entry slip road to the length of the A41 trunk road known as Hendon Way at the junction of that trunk road with the A406 trunk road known as North Circular Road.
3
No person shall cause or permit any vehicle to cross Brentfield Gardens so as to make a right turn into or out of any of the private means of access serving the properties numbered 14, 15, 16, 17 and 18 Brentfield Gardens, London NW2.
Signed by authority of the Secretary of State for Transport
J. C. Miles
Director (Network Management), London Regional Office of the
Department of Transport
17th February 1992


text:
1
The Leeds City Council (Crown Point Bridge Improvement) Scheme 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at The Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of the City Engineer, Leeds City Council, 2nd Floor, Dudley House, 133 Albion Street, Leeds, LS2 8JX.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Leeds City Council (Crown Point Bridge Improvement) Scheme 1992 Confirmation Instrument 1992.
Signed by authority of theSecretary of State for Transport
P. A. Shaw
Regional Director, Northern Region,
Department of Transport
24th November 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic (Temporary Restrictions) Act 1991 (Commencement) Order 1992.
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 .
“the 1991 Act ” means the Road Traffic (Temporary Restrictions) Act 1991.
Commencement
2
The 1991 Act shall come into force on 1st July 1992.
Transitional
3
1
Where a traffic authority has caused notice of intention to make an order under section 14 of the 1984 Act to be published pursuant to Schedule 3 to that Act before 1st July 1992, the traffic authority may make such an order in accordance with the notice and any regulations made under section 16 of that Act shall not apply to the order.
2
Where a traffic authority makes an order on or after 1st July 1992 in accordance with a notice so published before that date, paragraph 2 of Schedule 3 to the 1984 Act shall apply to the order as if that paragraph had not been repealed by the 1991 Act.
4
The 1991 Act shall not have effect in relation to an order made or notice issued under section 14 of the 1984 Act before 1st July 1992.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
4th June 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1992 and shall come into force on 14th November 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for Haddock ( Melanogrammus aeglefinus ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
30th October 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
3rd November 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
5th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lifespan Health Care Cambridge 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 Lifespan Health Care Cambridge National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Community Health Services Unit, Chesterton Hospital, Union Lane, Cam bridge CB4 1PT and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Community Health Services Unit, Chesterton Hospital, Union Lane, Cambridge CB4 1PT and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non- executive directors shall be appointed from Cambridge 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 Cambridge 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 Cambridge 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 Cambridge 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:
Citation
1
This Order may be cited as the Social Security Act 1990 (Commencement No.4) Order 1992.
Appointed Day
2
The day appointed for the coming into force of section 17(1) to (6) and (10) of the Social Security Act 1990 (interest in respect of certain contributions under the Social Security Act 1975) is 6th April 1992.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1992


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breadalbane) Desig-nation Order 1992 and shall come into force on 3rd September 1992.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“amenity woodland” means woodland planted and maintained primarily for improvment of the landscape;
“conservation plan” means a layout plan (or plans) which categorises all the land on the farm, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
“herb rich unimproved pasture and grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
“long-standing reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated over many years and is now showing significant presence of plant species indicative of unimproved grassland;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946( );
“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
“overgrazing” means a deterioration in the condition of heather and/or other dwarf shrubs associated with moorland vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
“regeneration” means the perpetuation of vegetation through self-seeding or vegetation growth;
“rough grazings” means heathland or moorland used for grazing purposes;
“scrub” means low growing woody vegetation;
“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;
“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;
“water margins” means an area of ground bordering an area of still or flowing water;
“wetlands” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of land partly within the Perth and Kinross District of Tayside Region and partly within the Stirling District of Central Region known as Breadalbane, and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area Breadalbane ” dated 16th July and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894( ) or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either at the rate of £15 per annum per hectare of enclosed land, with an additional payment of £1.50 per annum for each hectare of other land to which the agreement relates, or at the rate of £2,000 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses to which an agreement relates shall be at the rate of not less than £250 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 10(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £130 per annum for each hectare of land to which the agreement relates, or at the rate of £4,000 per annum per individual farm business whichever is he lower.
8
The Environmentally Sensitive Areas (Breadalbane) Designation Order 1987( ), and the Environmentally Sensitive Areas (Breadalbane) Designation (Amendment) Order 1988( ) are hereby revoked, save that their provisions shall continue to apply to agreements made on or before 31st July 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
16th July 1992
We consent,
T J R Wood
T E Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1992


text:
1
These Regulations may be cited as the Value Added Tax (Payments on Account) Regulations 1992 and shall come into force on 1st August 1992.
2
In these Regulations “payments on account” means such payments as are referred to in article 3 of the Value Added Tax (Payments on Account) Order 1992 .
3
The Commissioners shall notify in writing a taxable person who is required to pay payments on account of:
a
the amounts that he is required to pay;
b
how those amounts have been calculated; and
c
the times for payment of those amounts.
4
If in respect of a prescribed accounting period the total amount of the payments on account paid by the taxable person exceeds the amount of the output tax due from him, then, the amount of the excess shall be paid to him by the Commissioners if and to the extent that it is not liable to set-off under section 21 of the Finance Act 1988 .
5
Where a taxable person is required to pay a payment on account but he fails to do so by the last day on which he is so required, that payment on account shall be recoverable as if it were tax due from him.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground,
London SE1 9PJ
29th June 1992


text:
1
These Regulations may be cited as the Education (Further and Higher Education Institutions Access Funds) (Amendment) Regulations 1992 and shall come into force on 10th June 1992.
2
The Education (Further and Higher Education Access Funds) Regulations 1990 shall be amended by the addition at the end of the Schedule to those Regulations of the following institutions:
Cardiff Institute of Higher Education
Coleg Normal, Bangor
Gwent College of Higher Education
Swansea Institute of Higher Education
The Polytechnic of Wales
The Welsh College of Music and Drama
.
David Hunt
Secretary of State for Wales
8th May 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment (No. 2) Regulations 1992, and shall come into force on 1st January 1993.
2
In these Regulations, “the Principal Regulations ” means the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 .
Amendment of Schedule 5 to the Principal Regulations
2
1
Schedule 5 to the Principal Regulations (standard provisions for product licences including product licences of right relating to certain medicinal products) shall be amended in accordance with the following provisions of this regulation.
2
There shall be inserted at the beginning of paragraph 3 of Part I the words “Subject to paragraph 3A of this Part of this Schedule,”.
3
After paragraph 3 of Part I there shall be inserted the following paragraph —
3A
Paragraph 3 of this Part of this Schedule shall not apply in respect of a batch of —
a
blood products,
b
live vaccines,
c
immunological medicinal products used in the primary immunization of infants or of other groups at risk,
d
immunological medicinal products used in public health immunization programmes, or
e
new immunological medicinal products or immunological medicinal products manufactured using new or altered kinds of technology or new for a particular manufacturer, during a transitional period normally specified in the marketing authorisation, which has been previously examined by the competent authority of a member State other than the United Kingdom and declared to be in accordance with the specifications in a marketing authorisation
which complies with Council Directive 65/65/ EEC as amended .
.
4
In paragraph 4 of Part I for the words “the preceding paragraph” there shall be substituted the words “paragraph 3 of this Part of this Schedule”.
Virginia Bottomley
Secretary of State for Health
18th December 1992
David Hunt
Secretary of State for Wales
21st December 1992
Fraser of Carmyllie
Minister of State, Scottish Office
21st December 1992
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 18th December 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th December 1992.
W. J. Hodges
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Countess of Chester Hospital 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 Countess of Chester 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 the Countess of Chester 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 to own and manage hospital accommodation and services provided at the Countess of Chester Hospital, General Wing, Liverpool Road, Chester CH2 1BQ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Chester Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Chester 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 Chester Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Devon and Exeter Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Devon and Exeter Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Devon and Exeter Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Royal Devon and Exeter Hospital (Wonford), Barrack Road, Exeter EX2 5DW and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Exeter 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 Exeter 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 Exeter 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
These Regulations may be cited as the Telecommunications (Single Emergency Call Number) Regulations 1992 and shall come into force on 31st December 1992.
2
The licence granted under section 7 of the Telecommunications Act 1984 to any public telecommunications operator within the meaning of section 9 of that Act shall from the date of coming into force of these Regulations have inserted, at the end of the condition requiring the provision of public emergency call services, an additional paragraph in the following terms:–
The Public Emergency Call Service which the Licensee is required to provide by this condition shall additionally be capable of being accessed by any member of the public by dialling the number 112.
E. Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
17th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) Regulations 1992 and shall come into force on 24th December 1992.
Amendment of Regulations
2
The Council Tax (Administration and Enforcement) Regulations 1992 are amended in accordance with the following provisions of these Regulations.
Definitions
3
In regulation 1(2) for the words after “Act 1992;” there are substituted the following —
“ Exempt Dwellings Order ” means the Council Tax (Exempt Dwellings) Order 1992;
“demand notice regulations” means regulations under paragraph 1(1) of Schedule 2 to the Act making such provision as is mentioned in paragraph 2(4)(e) of that Schedule; and
“managing agent”, in relation to a dwelling, means any person authorised to arrange lettings of the dwelling.
.
Service of notices
4
In paragraph (2) of regulation 2, for the words “(naming the dwelling without further name)” there are substituted the words “(naming the dwelling) without further name”.
Information from residents, etc.
5
For paragraph (3) of regulation 3 there is substituted the following —
3
The reference in paragraph (1) to the liable person is a reference to a person who is liable (whether solely or jointly and severally) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax; and includes a reference to a person who in the opinion of the authority will be so liable.
.
Information from public bodies
6
For regulation 4 there is substituted the following —
Information from public bodies
4
1
A billing authority may, for the purpose of carrying out its functions under Part I of the Act, request (by notice given in writing) —
a
a person mentioned in paragraph (2) to supply to it such information as is specified in the notice and does not fall within paragraph (3);
b
a person mentioned in paragraph (4) to supply to it such information as is specified in the notice and does not fall within paragraph (5).
2
The persons referred to in paragraph (1)(a) are —
a
any other billing authority,
b
any precepting authority,
c
any levying authority; and
d
the electoral registration officer for any area in Great Britain.
3
Information falls within this paragraph if —
a
the information was obtained by the person concerned, or by a committee of such a person —
i
in its capacity as police authority, or
ii
in its capacity as a constituent council of such an authority,
b
the information was obtained by the person concerned in its capacity as an employer, or
c
the information consists of anything other than the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place.
4
The persons referred to in paragraph (1)(b) are community charges registration officers.
5
Information falls within this paragraph if it consists of anything other than —
a
the name, address and any past or present place of residence of any person and the dates during which he is known or thought to have resided at that place;
b
information relevant to the status of any person as an exempt individual; and
c
the days on which any person was an exempt individual.
6
Information requested under paragraph (1) shall be supplied by the person requested to supply it if it is in his possession or control, and it shall be so supplied within 21 days of the day on which the request is made.
7
A billing authority may (so far as it does not have the power to do so apart from under this Part) supply relevant information to another billing authority or to a levying authority even if it is not requested to supply the information.
8
Information is relevant information for the purposes of paragraph (7) if —
a
it was obtained by the first-mentioned authority in exercising its functions under Part I of the Act, and
b
it believes it would be useful to the other authority in exercising its functions under that Part or, in the case of a levying authority, Part II of the Act.
9
In this regulation —
a
references to community charges registration officers shall be construed —
i
in relation to such officers in England or Wales, in accordance with section 26 of the Local Government Finance Act 1988 ; and
ii
in relation to such officers in Scotland, in accordance with section 12 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (“the 1987 Act ”); and
b
references to an exempt individual shall be construed —
i
as regards any period during which the sole or main residence of the person concerned is or was in England or Wales, in accordance with section 2 of, and Schedule 1 to, the Local Government Finance Act 1988;
ii
as regards any period during which a person was solely or mainly resident in Scotland, in accordance with section 8(8) of, and Schedule 1A to, the 1987 Act .
.
Information for owners of exempt dwellings, etc.
7
In regulation 7 —
a
in paragraph (1), for the words “Subject to paragraph (5)” there are substituted the words “Subject to paragraphs (3A) and (5)”;
b
in paragraphs (2) and (3), for the word “Where” there are substituted the words “Subject to paragraph (3A), where”;
c
after paragraph (3) there is inserted the following —
3A
Paragraphs (1) to (3) do not apply in the case of a relevant dwelling which is an exempt dwelling within Class O of the Exempt Dwellings Order; and
d
for sub-paragraph (a) of paragraph (4) there is substituted the following —
a
by paragraph (1), shall be given not later than 31st March 1993;
.
Notification of assumption
8
For paragraph (6) of regulation 10 there is substituted the following —
6
Information need not be given under this regulation —
a
where the dwelling in respect of which an assumption under regulation 9(2) is made is an exempt dwelling within Class O of the Exempt Dwellings Order; or
b
insofar as it would be repetitive of information given to the person concerned in accordance with regulation 7 of these Regulations or any provision of demand notice regulations.
.
Interpretation and application of Part V
9
1
In regulation 17 —
a
in paragraph (1), after the definition of “demand notice”, there is inserted the following —
“joint taxpayers” means two or more persons who are, or in the opinion of the billing authority will be, jointly and severally liable to pay to the authority an amount in respect of council tax in respect of a particular dwelling and a day (whether such liability arises by virtue of section 6(3) or (4)(b), 7(4) or (5), 8(4) or (5) or 9(1) of the Act);
“joint taxpayers' notice” means a notice served in accordance with regulation 28;
;
b
for paragraph (2) there is substituted the following —
2
Except where the context otherwise requires, and subject to paragraph (5), any reference in this Part to the liable person (however expressed) is a reference —
a
to a person who is, or in the opinion of the billing authority will be, solely liable to pay to the authority, an amount in respect of council tax in respect of a particular dwelling and a day; or
b
where persons are joint taxpayers, to those persons.
; and
c
for the paragraph (5) there is substituted the following —
5
This Part applies (amongst other matters) for the making of payments in relation to the chargeable amount for a financial year; but its application as regards persons who are joint taxpayers is subject to the provisions of regulations 27 to 28A.
.
Service of demand notices
10
For regulation 19 there is substituted the following —
Service of demand notices
19
1
The demand notice is to be served on or as soon as practicable after the day the billing authority first sets an amount of council tax for the relevant year for the category of dwellings which includes the chargeable dwelling to which the notice relates.
2
For the purposes of paragraph (1), “category” shall be construed in accordance with section 30(4) of the Act; and where a demand notice is served before 1st April 1993, a dwelling shall be treated as included in the category in which, in the opinion of the billing authority, it will be included on 1st April 1993.
.
Joint taxpayers
11
For regulation 27 there is substituted the following —
Joint taxpayers
27
1
This regulation applies in the case of joint taxpayers; but its application to joint taxpayers on whom a joint taxpayers' notice is served is subject to regulation 28A.
2
In a case to which this regulation applies —
a
regulation 18 (the requirement for demand notices) has effect as if in paragraph (1) for the words “every liable person” there were substituted the words “at least one of the joint taxpayers”;
b
regulation 20 (demand notices; payments required) has effect as if —
i
the assumption referred to in sub-paragraph (c) of paragraph (3) is made as regards such of the joint taxpayers as on the day of issue of the demand notice satisfy the conditions referred to in that sub-paragraph;
ii
the assumption referred to in sub-paragraph (g) of paragraph (3) is made as regards such of the joint taxpayers in respect of whom on the day of issue of the demand notice a determination has effect as mentioned in that sub-paragraph;
c
regulation 21 (council tax: payments) has effect as if —
i
in paragraphs (1) and (4), for the words “the liable person” there were substituted the words “one or more of the joint taxpayers”;
ii
in paragraph (3), for the words after “that Part” there were substituted the following —
subject —
a
in the case of payments in accordance with a Part II scheme, to provision included in the scheme pursuant to paragraph 8(6) of Part II of that Schedule; and
b
in the case of joint taxpayers, to regulations 28 and 28A.
;
iii
in paragraph (5), for the words “a liable person” there were substituted the words “one or more of the joint taxpayers”; and
iv
in paragraph (5), there were inserted at the end the words “: but, subject to regulation 28A(1), a billing authority may not enter into an agreement after the issue of the demand notice concerned with a joint taxpayer on whom that notice was not served”;
d
regulation 23 (failure to pay instalments) has effect as if references to the liable person and to an amount becoming payable by the liable person were references to such of the joint taxpayers as have been served with a demand notice and to an amount becoming payable by them, respectively;
e
regulation 29 (collection of penalties) has effect as if —
i
for paragraph (1), there were substituted the following —
1
Subject to paragraphs (2) and (3), where a penalty is payable to a billing authority under any of sub-paragraphs (1) to (3) of paragraph 1 of Schedule 3 to the Act by a person who is one of joint taxpayers, it may be collected by the service by the authority on the person of a notice requiring payment of the penalty on the expiry of such period (being not less than14 days) after the issue of the notice as is specified in it.
; and
ii
paragraph (4) were omitted; and
f
paragraph 9 (cessation of instalments) of Schedule 1 does not apply unless —
i
every person on whom the demand notice was served has ceased to be a joint taxpayer;
ii
none of those persons is, as regards any part of the period to which the demand notice relates, solely liable to pay an amount in respect of council tax as regards the dwelling concerned; and
iii
no other person who, as regards any part of that period, was jointly and severally liable with any of those persons as regards the dwelling concerned, is a liable person (whether his liability is sole or joint and several) as regards the dwelling concerned.
.
Joint taxpayers' notice
12
For regulation 28 there is substituted the following —
Joint taxpayers' notice
28
1
An amount shall not be payable by a person who is one of joint taxpayers and on whom a demand notice has not been served unless a notice (“joint taxpayers' notice”) is served on him in accordance with the following provisions of this regulation.
2
A joint taxpayers' notice may not be served on a person after the expiry of the period of six years beginning with the first day of the financial year to which the notice relates.
3
Where —
a
a joint taxpayers' notice is served during the relevant year; and
b
the person on whom (as one of the joint taxpayers) a demand notice for that year was served (or, if more than one person was so served, each of them) is not on the day of issue of the notice one of the joint taxpayers; and
c
the unpaid balance of the estimated amount has not become due as mentioned in paragraph (3) or (4) of regulation 23,
the notice shall require the payment of the adjusted amount.
4
For the purposes of paragraph (3) —
“the adjusted amount” means an amount equal to the difference between —
the billing authority’s estimate of the chargeable amount made as respects the period to which the joint taxpayers' notice relates; and regulation 20(3) shall have effect for these purposes as it has effect in a case to which regulation 27 applies and as if references in regulation 27(2)(b) to the demand notice were references to the joint taxpayers' notice; and
the relevant sum; and
“the relevant sum” means an amount equal to the difference between —
the amount estimated or last estimated as regards the dwelling concerned —
for the purposes of an agreement under regulation 21(5); or
under regulation 20(2) for the purposes of the demand notice or any subsequent notice given under paragraph 10 of Schedule 1; and
the aggregate of the amounts paid to the authority under any such agreement or notice before the issue of the joint taxpayers' notice.
5
Subject to regulation 28A(1), the amount required to be paid under paragraph (3) shall be payable by instalments of such amounts, and at such intervals and on such days in each interval, as are specified in the notice; provided that the number of instalments shall not be less than the number of instalments payable under the agreement, the demand notice or any subsequent notice given under paragraph 10 of Schedule 1, as the case may be, as regards the period beginning on the day on which the joint taxpayers' notice is served and ending on the last day of the relevant year.
6
A joint taxpayers' notice which is issued after the end of the relevant year, or after the unpaid balance of the estimated amount has become due as mentioned in paragraph (3) or (4) of regulation 23, shall (as the billing authority determines) require payment of the amount concerned —
a
on the expiry of such period (being not less than 14 days) after the issue of the notice as is specified in it; or
b
by instalments of such amounts as are specified in the notice, payable at such intervals and on such day in each interval as is so specified.
Joint taxpayers' notice: further provision
28A
1
A billing authority and a person on whom a joint taxpayers' notice is served may agree that the amount required to be paid under the notice shall be paid in such manner as is provided by the agreement; and paragraph (6) of regulation 21 shall apply with the necessary modifications in relation to an agreement under this paragraph as it applies to an agreement under paragraph (5) of that regulation.
2
Regulation 23 (failure to pay instalments) shall apply with the necessary modifications in relation to instalments payable in accordance with a joint taxpayers' notice as it applies to instalments payable in accordance with Part I of Schedule 1 or a Part II scheme.
3
If the amount required to be paid under a joint taxpayers' notice is shown to be incorrect, the billing authority shall serve a further notice on every person on whom the joint taxpayers' notice was served stating the revised sum required to be paid.
4
If the amount stated in the further notice served under paragraph (3) is greater than the amount required to be paid under the joint taxpayers' notice, the further notice shall also state the revised amount of each remaining instalment or, as the case may be, the period (being not less than 14 days) after the issue of that further notice within which the further sum payable is required to be paid.
5
If the amount stated in the further notice under paragraph (3) is less than the amount required to be paid under the joint taxpayers' notice, any overpayment —
a
shall be repaid if the person on whom the joint taxpayers' notice was served so requires, or
b
in any other case shall (as the billing authority determines) either be repaid or be credited against any subsequent liability of that person to make a payment in respect of council tax to the authority.
.
Interpretation and application of Part VI
13
After paragraph (4) of regulation 32 there is inserted the following —
5
Any reference in this Part to the day on or time at which a notice is issued, is a reference —
a
if the notice is served in the manner described in section 233(2) of the Local Government Act 1972 by being left at, or sent by post to, a person’s proper address, to the day on or time at which it is so left or posted, or
b
in any other case, to the day on or time at which the notice is served.
.
Liability orders: preliminary steps
14
In paragraph (3) of regulation 33, for the words “regulation 23(1)” there are substituted the words “paragraph (1) of regulation 23 (including that paragraph as applied as mentioned in regulation 28A(2))”.
Application for liability order
15
In paragraph (1) of regulation 34, for the words “regulation 23(3) or (4)” there are substituted the words “paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2))”.
Deductions under attachment of earnings order
16
1
In regulation 38 and, accordingly, in that regulation as set out in Schedule 3 —
a
in sub-paragraphs (a) and (b) of paragraph (1), for the words “in that Schedule 4” there are substituted the words “in Schedule 4”;
b
in sub-paragraph (a) of paragraph (2), for the words “amount advanced had not been” there are substituted the words “amount advanced had been”; and
c
in paragraph (i) of sub-paragraph (b) of paragraph (2), for the words “had paid” there are substituted the words “had been paid”.
2
In regulation 38 as set out in Schedule 3, in sub-paragraph (b) of paragraph (4), for the words “or percentages” there are substituted the words “(or percentages)”.
Priority as between orders
17
For regulation 42 and, accordingly, for that regulation as set out in Schedule 3, there is substituted the following —
Priority as between orders
42
1
Where an employer would, but for this paragraph, be obliged to make deductions on any pay-day under two or more attachment of earnings orders, he shall —
a
deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with; and
b
deal with any later order as if the earnings to which it relates were the residue of the debtor’s earnings after the making of any deduction to comply with any earlier order.
2
Subject to paragraph (3), where an employer would, but for this paragraph, be obliged to comply with one or more attachment of earnings order and with one or more deduction order, he shall deal with the orders according to the respective dates on which they were made in like manner as under paragraph (1).
3
An employer shall not deal with a deduction order made either wholly or in part in respect of the payment of a judgment debt or payments under an administration order until he has dealt with the attachment of earnings order or orders and any other deduction order.
4
In this regulation “deduction order” means an order under the Attachment of Earnings Act 1971 or section 31(2) (deductions from earnings orders) of the Child Support Act 1991.
.
Joint and several liability: enforcement
18
After paragraph (3) of regulation 54 there is inserted the following paragraph —
3A
A summons under regulation 34(2) may be addressed to two or more joint taxpayers in joint names.
.
Miscellaneous provisions
19
In regulation 57 —
a
in paragraph (1), after the words “the Act” there are inserted the words “or regulations under section 24 of the Act”; and
b
in paragraph (2), for the words “regulation 34(6)(a)” there are substituted the words “regulation 34(5)(a)”.
Council tax instalment schemes
20
In Schedule 1 —
a
in sub-paragraph (3) of paragraph 2 —
i
in paragraph (a), for the words “31st May” there are substituted the words “30th April”; and
ii
in paragraph (b), for the words “1st June” there are substituted the words “1st May”;
b
after paragraph 4 there is inserted the following —
4A
The demand notice shall be issued at least 14 days before the day on which the first instalment is due under it.
;
c
in paragraph (c) of sub-paragraph (5) of paragraph 8, the word “on”, where it first occurs, is omitted; and
d
in sub-paragraph (1) of paragraph 10 —
i
after the word “and” where it first occurs there is inserted the following —
“it comes to the attention of the authority that one or more of the following events has occurred — ”;
ii
the word “or” at the end of paragraph (f) is omitted; and
iii
after paragraph (g) there is inserted the following —
h
the notice was so served on the assumption that, as regards any day in the period to which the notice relates, the person was not or would not be entitled to such a reduction as is mentioned in paragraph (g), and he was or is so entitled.
.
Michael Howard
Secretary of State for the Environment
1st December 1992
David Hunt
Secretary of State for Wales
1st December 1992


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1992.
2
The figure specified in this Order, which is the figure found for the year of assessment 1992–93, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of section 590C(4) and (5) of that Act, is £75,000.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992