text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993 and shall come into force on 13th January 1994.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“apportioned land” means land which has been apportioned by the Crofters Commission for the exclusive use of a particular crofter under the provisions of section 27(7) of the Crofters (Scotland) Act 1955 ;
“common grazings committee” means a committee appointed under section 24(1) or (3) of the Crofters (Scotland) Act 1955;
“conservation plan” means a layout plan (or plans) which categorises all the land included in the agreement, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
“croft” has the same meaning as in section 3(1) of the Crofters (Scotland) Act 1955 ;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who enters or has entered into an agreement with the Secretary of State;
“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
“herb rich 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;
“machair” means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat;
“overgrazing” means a deterioration in the condition of vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
“reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated and is now showing significant presence of plant species indicative of unimproved grassland;
“rough grazings” means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;
“traditional share of the common machair” means that portion of the common machair which has been allocated over time to individual crofters or farmers for cropping purposes by the common grazings committee;
“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 for a significant proportion of the year.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of Environmentally Sensitive Area
3
There is hereby designated as an Environmentally Sensitive Area that area of land in the Western Isles known as the Machair of the Uists and Benbecula, Barra and Vatersay and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area–Machair of the Uists and Benbecula, Barra and Vatersay” dated 9th December 1993 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4
1
An agreement with a crofter or farmer regarding his croft or farm land, apportioned land and his traditional share of the common machair shall include the requirements specified in Part I of the Schedule to this Order.
2
An agreement with a common grazings committee regarding land in the common machair shall include the requirements specified in Part II of the Schedule to this Order.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that–
a
in the event of a breach by the crofter, farmer or common grazings committee of the requirements referred to in article 4, the Secretary of State may give the crofter, farmer or common grazings committee notice in writing terminating the agreement forthwith and may recover from the crofter, farmer or common grazings committee an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement with any crofter or farmer regarding his croft or farm land, his apportioned land and his traditional share of the common machair shall be at the rate of £15 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum for any one crofter or farmer, whichever is the lower.
2
Payments to a crofter or farmer shall be at the rate of not less than £150 per annum.
7
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement with a common grazings committee regarding the common machair shall be at the rate of £15 per annum for each hectare of land to which the agreement relates, or at the rate of £1,000 per annum for any one common grazings committee, whichever is the lower.
2
Payments to a common grazings committee shall be at the rate of not less than £150 per annum.
8
Where an agreement with a crofter or farmer regarding his croft or farm land, his apportioned land or traditional share of the common machair identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 7 of Part I of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £2,000 per annum per crofter or farmer.
9
Where an agreement with a common grazings committee identifies in the conservation plan expenditure required to undertake additional agricultural operations as specified in paragraph 7 of Part II of the Schedule to this Order, the Secretary of State shall make additional payments according to the agricultural operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £12,000 per annum for each common grazings committee.
Revocation
10
The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1988 is hereby revoked, except that the provisions thereof shall continue to apply to agreements made under that Order before the date of coming into force of this Order.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
9th December 1993
We consent,
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 1993


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
This Order may be cited as the Assisted Areas Order 1993 and shall come into force on 1st August 1993.
Interpretation
2
1
In this Order: —
“the 1982 Act ” means the Industrial Development Act 1982;
“the 1984 Order ” means the Assisted Areas Order 1984 ; and
“the 1988 Order ” means the Assisted Areas (Amendment) Order 1988 .
2
In Schedules 1 and 2 hereto: —
a
any reference to a travel to work area shall be a reference to that area as it existed on 27th September 1984 save that the reference to the travel to work area of Workington shall be a reference to that area as it existed on 8th October 1987; and
b
any reference to a ward in a travel to work area in England or Wales shall be a reference to that ward as it existed on 2nd April 1988.
Revocation
3
The 1984 Order and the 1988 Order are hereby revoked.
Designations
4
In this Order the designation of an area as a development area or an intermediate area is for the purposes of section 1 of the 1982 Act and section 1 of the Derelict Land Act 1982 .
5
On and after 1st August 1993: —
a
the areas described in Schedule 1 hereto shall be development areas; and
b
the areas described in Schedule 2 hereto shall be intermediate areas.
Tim Sainsbury
Minister of State,
Department of Trade and Industry
23rd July 1993


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No.2) Order 1993 and shall come into force on 23rd November 1993.
Specified bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs):
a
Alliance & Leicester Mortgage Loans Limited;
b
CIS Home Loans Limited;
c
CIS Mortgage Finance Limited;
d
CIS Residential Mortgages Limited.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
29th October 1993
We consent,
Andrew Mackay
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd November 1993


text:
1
This Order may be cited as the Value Added Tax (Increase of Consideration for Fuel) Order 1993 and shall come into force in relation to a taxable person from the beginning of the first of his prescribed accounting periods which begins after 5th April 1993.
2
For Table A in paragraph 2 of Schedule 6 to the Finance Act 1986 there shall be substituted the following:
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 3 month period 1 month period
£ £
Diesel engine
2000 or less
138 46
More than 2000
178 59
Any other type of engine
1400 or less
150 50
More than 1400 but not more than 2000
190 63
More than 2000
283 94
3
Article 2 of the Value Added Tax (Increase of Consideration for Fuel) Order 1992 is hereby revoked.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
1
This Order may be cited as the A23 Trunk Road (Streatham High Road, Lambeth) (Box Junction) Order 1993 and shall come into force on 8th March 1993.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by an authorised variation of the traffic sign specified in diagram 1044 in the Traffic Signs Regulations and General Directions 1981 , and
“the trunk road” means that length of the A23 trunk road in the London Borough of Lambeth known as Streatham High Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle, to remain stationary within the boxed area while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near that area to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole, or any part of a vehicle, to remain stationary in the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State for Transport
I. E. W. Brown
A Grade 6 Officer London Regional Office of the
Department of Transport
22nd February 1993


text:
Citation and commencement
1
This Order may be cited as the Teddington Memorial Hospital National Health Service Trust (Establishment) Amendment Order 1993 and shall come into force on 5th August 1993.
Amendment of Establishment Order
2
In the Teddington Memorial Hospital National Health Service Trust (Establishment) Order 1993( )–
a
in article 1(2) the definition of “establishment date” shall be omitted;
b
in article 4 for the words “4 non-executive” there shall be substituted “3 non-executive” and for the words “4 executive” there shall be substituted “3 executive”;
c
in article 6 for the words “its establishment date” there shall be substituted “5th August 1993”.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
29th July 1993


text:
1
This order may be cited as the Child Maintenance (Written Agreements) Order 1993 and shall come into force on 5th April 1993.
2
Section 8 shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child in any circumstances in which paragraphs (a) and (b) of section 8(5) apply.
Mackay of Clashfern, C.
Dated 3rd March 1993


text:
1
This Order may be cited as the Education (St Austell Sixth Form College and Mid-Cornwall College) (Dissolution) Order 1993 and shall come into force on 2nd April 1993.
2
In this Order references to St Austell Sixth Form College, Mid-Cornwall College and St Austell College are to the further education corporations respectively known by those names.
3
On 2nd April 1993 St Austell Sixth Form College and Mid-Cornwall College shall be dissolved and all of their respective property, rights and liabilities shall be transferred to St Austell College (being a body corporate established for purposes which include the provision of educational facilities or services).
4
Section 26(2), (3) and (4) of the Further and Higher Education Act 1992 shall apply to any person employed immediately before 2nd April 1993 by St Austell Sixth Form College or Mid-Cornwall College as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 2nd April 1993;
c
to the transferor were to St Austell Sixth Form College or Mid-Cornwall College (as the case may be); and
d
to the corporation were to St Austell College.
John Patten
Secretary of State for Education
7th February 1993


text:
Title and commencement
1
This Order may be cited as the Poultry Breeding Flocks and Hatcheries Order 1993 and shall come into force on 30th August 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“breeding flock” means any flock of poultry consisting of at least 250 birds of a single species which are kept or reared on a single holding or the production of hatching eggs;
“the Breeding Flocks Register” means the register kept by the appropriate Minister under article 3(2);
“building” includes a shed and a part of a building separated from other parts of that building by a solid partition and having its own ventilation system;
“chicks” means poultry less than 72 hours old which have not been fed;
“chick box liner” means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises;
“composite faeces sample” means a sample of faeces consisting of a number of individual samples of faeces calculated in accordance with the appropriate provisions of Part I of Schedule 2 each of which weighs not less than 1 gram and is taken from a site selected at random to represent the building or group of buildings on the holding from which it is taken;
“domestic fowl” means birds of the species Gallus gallus; “the Hatcheries Register” means the register kept by the appropriate Minister under article 4(2);
“hatchery” means any premises, with a total incubator capacity of not less than 1,000 eggs, on which the eggs of poultry are incubated or hatched and from which chicks are sold or supplied;
“hatching eggs” means eggs intended for incubation;
“laboratory” means any laboratory authorised in writing by the Minister for the purposes of this Order which has the necessary facilities and personnel for carrying out tests on samples mentioned in Parts I and II of Schedule 2 in accordance with the provisions of Part III of that Schedule;
“the Ministry” means the Ministry of Agriculture, Fisheries and Food;
“poultry” means domestic fowls, turkeys, geese or ducks;
“premises” includes land;
“rearing premises” means any holding on which chicks are placed for rearing as replacement breeding stock.
2
Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
3
The provisions of this Order shall not apply in the case of a breeding flock or hatchery which is kept solely for the production of hatching eggs for use in the manufacture of vaccines or for research or other scientific purposes.
Registration of breeding flocks
3
1
Within 3 months of this Order coming into force, any person owning a breeding flock shall procure that his name is entered in the Breeding Flocks Register.
2
The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons owning a breeding flock on a holding in respect of which their names are entered in the register.
3
Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Breeding Flocks Register in respect of any holding the appropriate Minister shall, subject to paragraph (4) below, enter his name in the Breeding Flocks Register in respect of that holding and shall issue to the applicant a certificate of such registration.
4
A person making an application under paragraph (3) above shall supply to the appropriate Minister in his application all the particulars specified in Part I of Schedule 1.
5
A person whose name is entered in the Breeding Flocks Register in respect of any holding shall, within 28 days of each anniversary of the date of such registration, notify the appropriate Minister in writing of any change in the particulars previously notified to him.
6
The registration of the name of a person in the Breeding Flocks Register in respect of any holding shall remain in force for an unlimited period, except that, where a person so registered has notified the appropriate Minister in accordance with paragraph (5) above of a change in the particulars previously notified and that change consists of a reduction in the number of birds kept in the breeding flock to less than 250, the appropriate Minister shall revoke such registration unless that person informs the appropriate Minister inwriting, within 28 days of the anniversary of the date of such registration, that he anticipates that the number of such birds which will be kept by him on the holding will increase to 250 or more during the 12 months following the anniversary of such registration.
Registration of hatcheries
4
1
Within 3 months of this Order coming into force, any person using any premises as a hatchery shall procure that his name is entered in the Hatcheries Register in respect of those premises.
2
The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons using as a hatchery any premises in respect of which their names are entered in the register.
3
Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Hatcheries Register in respect of any premises the appropriate Minister shall, subject to paragraph (4) below, enter his name in the Hatcheries Register in respect of those premises and shall issue to the applicant a certificate of such registration.
4
A person making an application under paragraph (3) above shall supply to the appropriate Minister in his application all the particulars specified in Part II of Schedule 1.
5
A person whose name is entered in the Hatcheries Register in respect of any premises shall, within 28 days of each anniversary of the date of such registration, notify the appropriate Minister in writing of any change in the particulars previously notified to him.
6
The registration of the name of a person in the Hatcheries Register in respect of any premises shall remain in force for an unlimited period, except that, where a person so registered has notified the appropriate Minister in accordance with paragraph (5) above of a change in the particulars previously notified and that change consists of a reduction in the total incubator capacity of the premises to less than 1,000 eggs, the appropriate Minister shall revoke such registration unless that person informs the appropriate Minister in writing, within 28 days of the anniversary of the date of such registration, that he anticipates that the total incubator capacity of the premises will increase to 1,000 eggs or more during the 12 months following the anniversary of such registration.
Taking of samples from breeding flocks of domestic fowl for bacteriological testing for salmonella
5
It shall be the duty of a person in respect of any holding of his on which a breeding flock of domestic fowl is kept and of the person in charge of any such holding to ensure that —
a
samples are taken in respect of the flock in such manner as is specified in Part I of Schedule 2 and at such times as are so specified;
b
such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the date on which they were taken, the name of the owner or person in charge of the breeding flock, the address of the holding on which the breeding flock is kept and the building (if any) on that holding from which they were taken;
c
such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of Schedule 2; samples shall be kept in a refrigerator at between 1 degree C and 4 degrees C if they are not so dispatched within 24 hours of being taken; and
d
in the case of samples required to be taken under the supervision of an officer of the Minister they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.
Taking of samples from hatcheries for bacteriological testing for salmonella
6
It shall be the duty of a person in respect of any hatchery of his where eggs of domestic fowl are incubated or the person in charge of any such hatchery to ensure that —
a
samples are taken from the hatchery in such manner as is specified in Part II of Schedule 2 and at such times as are so specified;
b
such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the date on which they were taken, the name of the person owning or in charge of the hatchery from which they were taken, the address of that hatchery and the address of the holding from which the hatching eggs from which the samples were obtained were supplied to the hatchery;
c
such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of Schedule 2; samples shall be kept in a refrigerator at between 1 degree C and 4 degrees C if they are not so dispatched within 24 hours of being taken; and
d
in the case of samples required to be taken under the supervision of an officer of the Minister, they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.
Bacteriological testing of samples from breeding flocks and hatcheries and reporting of results of tests
7
1
It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 5(c) or 6(c) to ensure that —
a
the sample is tested for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of Schedule 2;
b
the result of such a test is reported in writing as soon as practicable to the person who submitted the sample; and
c
where, as a result of an examination carried out in accordance with such a bacteriological method, salmonella is isolated from the sample, that a subculture is sent to the Lasswade Veterinary Laboratory of the Ministry situated at Penicuik, Midlothian, Scotland or a Veterinary Investigation Centre of the Ministry in England or Wales.
2
If a person to whom a report is made under paragraph (1)(b) above is not the owner of the breeding flock or the hatchery (as the case may be), he shall immediately pass that report to the owner.
Tampering with samples
8
1
Except as provided for in this Order, no person shall treat or otherwise tamper with any sample which has been taken for the purposes of this Order.
2
For the purposes of this article a person shall be deemed to have treated a sample if he does anything in relation to it which is likely to affect the result of the test required to be carried out under this Order.
Keeping of records
9
A person who owns or is in charge of any breeding flock or hatchery containing, in either case, domestic fowl or their eggs shall —
a
keep a record containing the information specified in Part I of Schedule 3 of any sample taken in respect of the breeding flock or hatchery (as the case may be) in accordance with article 5(a) or 6(a) (as appropriate);
b
keep a record of the result of any test carried out on a sample in accordance with articles 5(c) or 6(c) (as appropriate) which has been reported to him in accordance with article 7;
c
keep a record containing the information specified in Part II of Schedule 3 of the movement of any domestic fowl or their chicks or eggs onto and off the holding on which the breeding flock is kept;
d
keep a record containing the information specified in Part III of Schedule 3 of the movement of any eggs of domestic fowl onto and off the premises used as a hatchery and of the movement of any chicks of domestic fowl off such premises;
e
retain any such record for a period of 1 year from the date on which the sample was taken, or from the date of the test or from the date on which the movement took place (as the case may be);
f
produce any such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken.
Prohibition on vaccination
10
No person shall vaccinate any domestic fowl with any vaccine which is likely to affect the result of any test carried out under this Order on any sample taken from the domestic fowl, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
Powers of Ministers in cases of default
11
If any person fails to take any action required to be taken by him under any of the provisions of this Order, an inspector of the Minister may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the appropriate Minister from the person in default.
Local authority to enforce Order
12
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocation
13
The Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 and the Poultry Breeding Flocks and Hatcheries (Registration and Testing) (Amendment) Order 1990 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd July 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd July 1993
John Redwood
Secretary of State for Wales
23rd July 1993


text:
Citation and Interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993.
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“vehicle” has the meaning given by section 99(5) of the 1984 Act.
3
For the purposes of this Order, a London borough is a relevant London borough if —
a
subsection (1) of section 64 of the 1991 Act is in force in respect of that London borough,
b
subsections (4) and (6) of section 67 of the 1991 Act are for the time being in force for the purposes of the subsections thereby inserted in relation to vehicles found in that London borough, and
c
subsection (2)(b) of section 68 of the 1991 Act is for the time being in force for the purposes of the subsection thereby inserted in relation to the council of that London borough.
4
For the purposes of this Order, the City of London shall be treated as if were a London borough and the Common Council be treated as if it were the council of a London borough.
Commencement and Transitional Provisions
2
The following provisions of the 1991 Act shall come into force on 5th July 1993 —
a
section 41;
b
section 42;
c
section 66(7);
d
section 70;
e
section 71;
f
section 72;
h
section 79;
g
section 83, to the extent necessary for bringing into force the provisions of Schedule 8 to the 1991 Act brought into force by this Order;
h
Schedule 6; and
g
Schedule 8, to the extent that it relates to section 102 of the 1984 Act.
3
1
The following provisions of the 1991 Act shall come into force on 5th July 1993 in respect of the London borough of Wandsworth only —
a
section 64 to the extent that it is not already in force;
b
section 65;
c
section 66, to the extent that it is not brought into force by article 2 of this Order;
d
section 69;
e
section 81, to the extent necessary for bringing into force the provisions of Schedule 7 brought into force by this article; and
f
paragraph 5 of Schedule 7, to the extent that that paragraph is not already in force.
2
Until subsection (1) of section 64 of the 1991 Act is fully in force, section 46 of the 1984 Act as amended by section 64 of the 1991 Act shall have effect as if “Greater London” meant so much of Greater London as consists of relevant London boroughs.
4
1
Section 67 of the 1991 Act shall come into force on 5th July 1993 except that subsections (4) and (6) of that section shall so come into force only for the purpose of the application of the subsections thereby inserted in relation to vehicles found in the London borough of Wandsworth.
2
Until subsections (4) and (6) of section 67 of the 1991 Act are fully in force, section 101 of the 1984 Act, as amended by section 67 of the 1991 Act, shall have effect as if “Greater London”, wherever it occurs, meant so much of Greater London as consists of relevant London boroughs.
5
1
Section 68 of the 1991 Act shall come into force on 5th July 1993 except that subsections (2)(b) of that section shall so come into force only for the purpose of the application of the subsection thereby inserted in relation to the council of the London borough of Wandsworth.
2
Until subsection (2)(b) of section 68 of the 1991 Act is fully in force, section 102 of the 1984 Act as amended by section 68 of the 1991 Act, shall have effect as if–
a
“London authority” meant the council of a relevant London borough, and
b
in subsection (8), after the words “local authority” there were inserted the words “or from a parking place which is designated under section 6 of this Act but is not within the area of a relevant London borough as defined in The Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993”.
6
1
In relation to a vehicle that is stationary in a designated parking place immediately before 5th July 1993, section 66(2) of the 1991 Act shall have effect for so long as it remains in that parking place as if the words “on or after 5th July 1993” were inserted after —
a
the word “left” in paragraph (a),
b
the word “payable” in paragraph (b),
c
the word “has” in paragraph (c).
2
Where a vehicle has been removed pursuant to any enactment before 5th July 1993, sections 67 and 68 of the 1991 Act shall not apply in relation to that removal or to any storage or disposal of the vehicle as a consequence of that removal.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th June 1993


text:
1
This Order may be cited as The Public Telecommunication System Designation (Bradford Cable Communications Limited) Order 1993 and shall come into force on6th October 1993.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
3rd September 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1993 and shall come into force on 12th September 1993.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and references to column 1 or 3 of the Schedule shall be construed as including a reference to the note or, as the case may be, notes to the column in question.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc , as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1993, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount indicated in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th August 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
John Redwood
Secretary of State for Wales
6th August 1993


text:
PART I
Citation and commencement
1
These rules may be cited as the Land Registration (Official Searches) Rules 1993 and shall come into force on 28th March 1994.
Interpretation
2
1
In these rules, unless the context otherwise requires: “ the Act ” means the Land Registration Act 1925;
“credit account” means an account authorised by the registrar under article 15(1) of the Land Registration Fees Order 1993 ;
“day” except in rule 14(1)(e), means a day when the Land Registry is open to the public;
“day list” means the record kept pursuant to rule 7A of the principal rules;
“designated plan” means a plan which is a copy or extract from the Ordnance Map at the largest scale published for the area in which the land to which it relates is situated, such plan to have a length no greater than 297 mm and a width no greater than 210 mm (A4 paper size);
“official certificate of search” means a result of official search issued in accordance with rule 4 or 10;
“pending first registration application” means an application made under section 4 or 8 of the Act and entered on the day list but where the registration has not yet been completed;
“the principal rules” means the Land Registration Rules 1925 ;
“priority period” means the period beginning at the time when an application for an official search is deemed by virtue of paragraph (3) below to have been delivered and ending immediately after 0930 hours on the thirtieth day thereafter;
“proper office” means the district land registry designated as the proper office by article 2(2) of the Land Registration (District Registries) Order 1991 ;
“purchaser” means any person (including a lessee or chargee) who in good faith and for valuable consideration acquires or intends to acquire a legal estate in land and “purchase” has a corresponding meaning;
“search from date” means:
the date stated on an office copy (either issued in response to an application made under rule 2 of the Land Registration (Open Register) Rules 1991 or issued under rule 4(3) or rule 10(3) of these rules) of the register of the relevant registered title as the date on which the entries shown on the said office copy were subsisting, provided that the said office copy was issued by the registrar not more than twelve months before the day upon which the relevant application under these rules was delivered or, in the case of an application for an official search with priority, was deemed by virtue of paragraph (3) below to have been delivered;
the date stated at the time of an access by remote terminal, under rule 4A of the Land Registration (Open Register) Rules 1991, to the register of the relevant registered title as the date on which the entries accessed were subsisting, provided that the transmission by the registrar’s computer system of the entries so accessed occurred not more than twelve months before the day upon which the relevant application under these rules was delivered or, in the case of an application for an official search with priority, was deemed by virtue of paragraph (3) below to have been delivered;
where the term is used in Form 94C and at D of Part I of Schedule 3, either a date within (a) or the date (or most recent date, if more than one) stated in the land or a charge certificate of the relevant registered title as the date on which that certificate was officially examined with the register.
2
In these rules a form referred to by number means the form so numbered in Schedule 1.
3
a
An application for an official search with priority made by a purchaser which is delivered under the provisions of rule 3(3)(a) or rule 3(3)(b)(ii) after 0930 hours on one day and before or at 0930 hours on the next day shall be deemed to have been delivered immediately before 0930 hours on the second day.
b
An application for an official search with priority made by a purchaser which is delivered under the provisions of rule 3(3)(b)(i) or rule 3(3)(b)(iii) shall be deemed to have been delivered at the time notice of it is entered on the day list.
4
Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.
PART II
OFFICIAL SEARCHES WITH PRIORITY
Application for official search with priority by purchaser
3
1
A purchaser may apply for an official search with priority of the register of the title to the land to which the purchase relates.
2
Where land is subject to a pending first registration application a purchaser of such land may apply for an official search with priority in relation to that pending first registration application.
3
An application for an official search with priority shall be made:
a
by delivering in documentary form at the proper office an application on Form 94A or Form 94B, as appropriate; or
b
during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication, other than that referred to in sub-paragraph (a) and;
i
where the application is made by telephone or orally the purchaser shall provide, in such order as may be requested, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A or Form 94B;
ii
where the application is made by facsimile transmission the purchaser shall provide Form 94A or Form 94B, as appropriate, together with, where the application is in Form 94B (and the plot number or numbers of any relevant approved estate plan are not quoted), a designated plan of the land in respect of which the official search is to be made; and
iii
in any other case the purchaser shall provide, in such order as may be required by that notice, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A or Form 94B.
4
Where the application is made on Form 94B under paragraph (3)(a), unless the registrar otherwise allows:
a
Form 94B and any plan accompanying the application, shall be delivered in duplicate;
b
the application shall be accompanied by Form 94B (Result) in duplicate.
5
Where the application is made under paragraph (3)(b)(ii) in Form 94B, the purchaser shall provide, unless the registrar otherwise allows, Form 94B (Result).
Entry of application on day list and issue of official certificate of search with priority
4
1
If an application for an official search with priority is in order, notice of it shall be entered on the day list and upon completion of the official search with priority an official certificate of search shall be issued giving the result of the search as at the time and day it is deemed to have been delivered.
2
An official certificate of search with priority of a register or in relation to a pending first registration application may, at the registrar’s discretion, be issued in one, or more than one, of the following ways:
a
in the form set out under the heading “Official Certificate of Result of Search” in Form 94B (Result);
b
in documentary form;
c
during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).
3
Subject to paragraphs (4) and (5), an official certificate of search issued under paragraph (2) shall include such information specified in Part I or Part II of Schedule 2 as the case may require and may be issued by reference to an office copy of the register.
4
Where the official certificate of search is issued in Form 94B (Result) or in documentary form, under paragraph (2), together with the relevant application form, or a copy of that application form, it need not include any of the information referred to in paragraph (3) which appears on that application form.
5
Where an official certificate of search is issued under paragraph (2)(c) and another official certificate of search is to be, or has been, issued under paragraph (2)(b) in respect of the same application, it need only include the information specified at A, F, G, and H, of Part I or A, H, and I of Part II of Schedule 2 as the case may require.
Inspection of applications for official searches with priority and official certificates of search with priority
5
During the priority period details in a visible and legible form:
a
of the application for official search with priority; and
b
of the official certificate of search with priority;
shall be made available for inspection by any person.
Priority of applications protected by an official search with priority of a register
6
Where a purchaser has applied for an official search with priority of a register, any entry which is made in that register during the priority period relating to that search shall be postponed to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent on a prior dealing, to a subsequent application to register the instrument effecting that dealing, provided each such subsequent application:
a
is deemed to have been delivered at the proper office within the priority period;
b
affects the same land or charge as the postponed entry; and
c
is in due course completed by registration.
Priority of applications protected by an official search with priority relating to a pending first registration application
7
1
Paragraph (2) has effect where, with respect to a purchase of land which is subject to a pending first registration application:
a
the purchaser has applied for an official search with priority in relation to the pending first registration application; and
b
the pending first registration application is subsequently completed by registration of all or any part of the land comprised in that purchase.
2
Any entry made in the register of title to the land pursuant to an application delivered or otherwise made during the priority period of the official search shall be postponed to any entry made pursuant to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent upon a prior dealing, a subsequent application to register the instrument effecting that dealing, provided each such subsequent application:
a
is deemed to have been delivered at the proper office within the priority period;
b
affects the same land or charge as the postponed entry; and
c
is in due course completed by registration.
Priority of concurrent applications for official searches with priority and concurrent official certificates of searches with priority
8
1
Where two or more official certificates of search with priority relating to the same land or the same charge have been issued and are in operation pursuant to these rules, such certificates shall, as far as relates to the priority thereby conferred, take effect, unless the applicants otherwise agree, in the order in which the applications for official search with priority were deemed to have been delivered.
2
Where two or more applications for official search with priority relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search with priority shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.
3
Where one transaction is dependent upon another the registrar may for the purposes of this rule assume (unless or until the contrary appears) that applicants for search with priority have agreed that their applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting their transactions.
4
Where an official search with priority has been made in respect of a particular registered title and an application relating to that title is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of the delivery of the application shall be deemed to be within that priority period.
5
Where an official search with priority has been made in respect of a particular pending first registration application and a subsequent application relating to any land which is subject to the pending first registration application, or was so subject before completion of the registration of that land, is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of delivery of that subsequent application shall be deemed to be within that priority period.
PART III
OFFICIAL SEARCH WITHOUT PRIORITY
Application for official search without priority
9
1
A person (not being a purchaser requiring an official search with priority under Part II of these rules) may apply for an official search without priority of a register.
2
An application for an official search without priority may be made:
a
by delivering in documentary form at the proper office an application on Form 94C; or
b
during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication, other than that referred to in sub-paragraph (a) and:
i
where the application is made by telephone or orally the applicant shall provide, in such order as may be requested, such of the particulars as are appropriate and are required by Form 94C;
ii
where the application is made by facsimile transmission the applicant shall provide Form 94C and if the application is in respect of part of the land in a registered title and the plot number or numbers of any relevant approved estate plan are not quoted, the applicant shall also provide a designated plan of the land in respect of which the official search is to be made; and
iii
in any other case the applicant shall provide, in such order as shall be required by that notice, such of the particulars as are appropriate and are required by Form 94C.
3
Where the application is made under paragraph (2)(a), unless the registrar otherwise allows —
a
Form 94C and any plan accompanying the application, shall be delivered in duplicate;
b
the application shall be accompanied by Form 94C (Result) in duplicate.
4
Where the application is made under paragraph (2)(b)(ii), the applicant shall provide, unless the registrar otherwise allows, Form 94C (Result).
Issue of official certificate of search without priority
10
1
On completion of the official search without priority an official certificate of search without priority shall be issued and such certificate shall not confer on the applicant priority for the registration of any dealing.
2
An official certificate of search without priority may, at the registrar’s discretion, be issued in one, or more than one, of the following ways:
a
in the form set out under the heading “Official Certificate of Result of Search” in Form 94C (Result);
b
in documentary form;
c
during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).
3
Subject to paragraphs (4) and (5), an official certificate of search without priority issued under paragraph (2) shall include the information specified in Part I of Schedule 2 and may be issued by reference to an office copy of the register.
4
Where the official certificate of search is issued in Form 94C (Result) or in documentary form, under paragraph (2), together with the relevant application form, or a copy of that application form, it need not include any of the information referred to in paragraph (3) which appears on that application form.
5
Where an official certificate of search is issued under paragraph (2)(c) and another official certificate of search is to be, or has been, issued under paragraph (2)(b) in respect of the same application, it need only include the information specified at A, F, G, and H, of Part I of Schedule 2.
PART IV
REQUEST FOR INFORMATION AND SEARCHES WITHOUT PRIORITY
Information requested by applicant making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i) or an application by remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii)
11
1
If so requested by an applicant who is making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i), the registrar may at his discretion, before the official search has been completed in respect of such application, give to the applicant, by telephone or orally, details of:
a
in the case of an application for a search of the whole of, or part of, the land in a registered title:
i
any relevant adverse entry that has been made in the register since the search from date given in the application; and
ii
any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules; and
b
in the case of an application for a search of the whole of, or part of, the land subject to a pending first registration application, any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules (and entered on the day list subsequent to the date upon which the pending first registration was deemed to be delivered), rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the pending first registration application.
2
If so requested by an applicant who is making an application to the registrar’s computer system from a remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii), the registrar may at his discretion, before the official search has been completed in respect of such application, inform the applicant, by a transmission to the remote terminal, whether or not there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), but the registrar need not provide the applicant with details of any relevant entries.
Search without priority by telephone
12
1
During the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, a person may apply to the registrar by telephone for a search without priority of the whole of, or (where the search is in respect of one or more plots on an approved estate plan) part of, the land in a registered title to ascertain whether:
a
any relevant adverse entry has been made in the register of the title since the search from date given in the application; and
b
there is any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the title.
2
Where an application is made under paragraph (1) the particulars set out in Part I of Schedule 3 shall be supplied in such order as may be required by the notice referred to in paragraph (1).
Result of search without priority by telephone
13
1
The result of a search given by telephone pursuant to an application under rule 12 shall include the information set out in Part II of Schedule 3.
2
A search made pursuant to an application under rule 12 shall not confer upon the applicant priority for the registration of any dealing.
PART V
Notice for the provision of additional arrangements for searches
14
1
If the registrar is satisfied that adequate arrangements have been or will be made for dealing with the applications for or results of search specified in paragraph (5) in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make applications under these rules, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:
a
to one or more of the types of application or result of search mentioned in paragraph (5);
b
to applications for, or results in respect of, searches of the whole of the land in a registered title or the whole of the land subject to a pending first registration application;
c
in the case of applications made as mentioned in paragraph (5), to applications made by a person maintaining a credit account;
d
to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;
e
to applications made between specified hours and on specified days (which need not be those between or on which the Land Registry is open to the public and may be different for applications of different types);
f
where an application is made under rule 3(3)(b) or 9(2)(b) or a result is issued under rule 4(2)(c) or 10(2)(c), to delivery of such application or to the issue of such result by one or more means of communication;
g
where a result is issued under rule 4(2)(c) or rule 10(2)(c), to results of search which state, in the case of an official search of a register, that there are no adverse entries, no pending applications and no official searches which fall within paragraphs F, G or H of Part I of Schedule 2, or, in the case of an official search with priority in relation to a pending first registration application, that there are no pending applications and no official searches which fall within paragraphs H or I of Part II of Schedule 2;
h
where an application is in respect of part of the land in a registered title, to an application which provides the relevant plot number on the approved estate plan.
2
Subject to paragraphs (3) and (4), a notice given pursuant to paragraph (1) shall be current from the time specified in that behalf in the notice either:
a
until the time, if any, specified in that behalf in the notice; or
b
if no time of ceasing to be current is specified in the notice, indefinitely.
3
A notice given pursuant to paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
4
If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications for or results of search covered by a notice given under paragraph (1) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (3).
5
The applications for or results of search referred to in paragraph (1) are:
a
an application for an official search with priority made under rule 3(3)(b);
b
an official certificate of search with priority issued under rule 4(2)(c);
c
an application for an official search without priority made under rule 9(2)(b);
d
an official certificate of search without priority issued under rule 10(2)(c);
e
an application for a search without priority by telephone under rule 12.
6
Notwithstanding the provisions of rule 3(3)(b), 4(2)(c), 9(2)(b), 10(2)(c) and 12 the registrar may in his discretion refuse to accept an application made, or to issue a result, under any of those provisions in any individual case.
Revocation
15
The Land Registration (Official Searches) Rules 1990 are hereby revoked.
Mackay of Clashfern, C.
Dated 14th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dumfries and Galloway Acute and Maternity Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Dumfries and Galloway Acute and Maternity 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 Dumfries and Galloway Acute and Maternity Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as Dumfries and Galloway Royal Infirmary and Cresswell Maternity Hospital, both in Dumfries and Garrick Hospital, Stranraer, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Dumfries and Galloway 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 Dumfries and Galloway 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 Dumfries and Galloway 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
25th November 1993


text:
This Order may be cited as the Dyfed-Powys Police (Amalgamation) (Amendment) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State Home Office
28th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993 and shall come into force on1st April 1993.
Amendment of Regulations
2
Part VI (enforcement) of the Council Tax (Administration and Enforcement) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Interpretation and application of Part VI
3
In regulation 32 and, accordingly, in that regulation as set out in Schedule 3 —
a
there is inserted in the definition in paragraph (1) of “net earnings”, after the words “other benefits”, the following —
; and where an order under regulation 32 (making of attachment of earnings order) of the Community Charges (Administration and Enforcement) Regulations 1989 made before the making of the attachment of earnings order concerned remains in force,
any amount required to be deducted in accordance with that order
; and
b
after the definition of “earnings” there is inserted the following definition —
“the Income Support Regulations ” means the Council Tax (Deductions from Income Support) Regulations 1993;
.
Duties of debtors subject to liability orders
4
In regulation 36, there is inserted in sub-paragraph (c) of paragraph (3), after the words “this Part”, the words “, regulation 32 of the Community Charges (Administration and Enforcement) Regulations 1989”.
Distress
5
In regulation 45, after paragraph (1), there is inserted the following paragraph —
1A
Without prejudice to paragraph (8) below, no person making a distress shall seize any goods of the debtor of the following descriptions —
a
such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation;
b
such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.
.
Relationship between remedies
6
In regulation 52 —
a
in paragraph (1), there is inserted after the word “charging” the words “, or under the Income Support Regulations”;
b
in paragraph (2), there is substituted for the words after “may not be taken” the following —
in relation to a person against whom a liability order has been made while —
steps by way of another of those methods are being taken against him under it; or
deductions are being made under the Income Support Regulations from any amount payable to him by way of income support; or
an application under regulation 2 of the Income Support Regulations has been made in respect of him to the Secretary of State and remains undetermined.
; and
c
after paragraph (2) there is inserted the following paragraph —
2A
An application under regulation 2 of the Income Support Regulations may not be made in respect of a person against whom a liability order has been made while steps under this Part are being taken against him for the recovery of an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
.
Joint and several liability: enforcement
7
In regulation 54 —
a
after paragraph (9) there is inserted the following paragraph —
9A
Where a liability order has been made against persons who are joint taxpayers, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 47(3), no steps, or further steps, may be taken under the Income Support Regulations in respect of any of them in relation to the amount mentioned in regulation 47(4).
; and
b
for paragraph (11) there is substituted the following paragraph —
11
Where —
a
a liability order has been made against two or more joint taxpayers in respect of an amount; and
b
a charge has arisen as regards one of them under head B of the Table in paragraph 1 of Schedule 5 in respect of that amount,
no further charge may be aggregated for the purposes of regulation 45(2) under that head or head A of that Table in consequence of any subsequent levy or attempted levy against either in respect of that amount; and a charge under head A(i) or charges under that head and head A(ii) against one of them shall be treated for those purposes as a charge or, as the case may be, charges under that head with respect to the other as well as that one.
.
Charges connected with distress
8
For Schedule 5 there is substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment
John Redwood
Minister of State,
Department of the Environment
16th March 1993
David Hunt
Secretary of State for Wales
17th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1993 and shall come into force on the 11th March 1993.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS Trusts
2
1
The Originating capital Debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Virginia Bottomley
Secretary of State for Health
15th February 1993
We consent,
Gregory Knight
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1993


text:
Citation and Commencement
1
This Order may be cited as the Weymouth and Portland Harbour Revision Order 1993 and shall come into force on 8th April 1993.
Interpretation
2
In this Order —
“the Act of 1887 ” means the Weymouth and Melcombe Regis Corporation Act 1887 ;
“the added limits” means the area described in the Schedule to this Order;
“ the Authority ” means the Weymouth and Portland Borough Council.
Extension of Limits
3
1
The limits within which the Authority have jurisdiction in accordance with the Act of 1887 are hereby extended to include the added limits.
2
All enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Authority in relation to the harbour mentioned in the Act of 1887 or upon the harbour master for that harbour and all byelaws and regulations made by the Authority which immediately before the coming into force of this Order relate to or have effect within the said harbour shall relate to or have effect within the added limits.
3
Section 8 of the Act of 1887 shall have effect as if after the words “the parish of Radipole” there were inserted the words “and shall include the added limits as defined in the Weymouth and Portland Harbour Revision Order 1993”.
Signed by authority of the Secretary of State for Transport.
Caithness
Minister of State,
Department of Transport
5th April 1993


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 1993 and shall come into force on 22nd February 1993.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to the provisions of the following sub-paragraphs, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 , substitute the Table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 as substituted by sub-paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 having effect before the substitution under sub-paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh,
22nd January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salisbury Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Salisbury Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Salisbury Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Salisbury District Hospital, Salisbury, Wiltshire SP2 8BJ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Salisbury District Hospital, Salisbury, Wiltshire SP2 8BJ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Salisbury 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 Salisbury 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 Salisbury Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Title and commencement
1
These Regulations may be cited as the Farmed Game Meat (Hygiene and Inspection) (Charges) Regulations 1993 and shall come into force on 25th June 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“appropriate Minister”means, as respects England, the Minister and, as respects Scotland and Wales, the Secretary of State;
“authorised officer”means a person authorised by a local authority to carry out a health inspection and control exercise;
“carcase”means the whole body of a slaughtered farmed game animal after bleeding and dressing;
“the Decision”means Council Decision 88/408/ EEC on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Council Directive 85/73/EEC ;
“ ECU ”means European Currency Unit as defined in Council Regulation (EEC) No. 3180/78 and any amount expressed as a number of ECUs shall be converted to sterling at such rate as shall be published annually on the first working day of September in the C Series of the Official Journal of the European Communities (as specified by article 9 of the Decision);
“farmed game”means wild land mammals which are reared and slaughtered in captivity, excluding —
mammals of the family Leporidae, or
wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game;
“farmed game handling facility”means any building, premises or place, other than a slaughterhouse, used for the purpose of slaughtering farmed game, the flesh of which is intended for sale for human consumption;
“farmed game meat”means meat obtained from farmed game;
“farmed game processing facility” means premises, other than a slaughterhouse, used for the purpose of dressing farmed game the flesh of which is intended for sale for human consumption;
“health inspection and control exercise”means an inspection or supervisory function carried out in respect of farmed game meat by a local authority at any premises pursuant to the Fresh Meat (Hygiene and Inspection) Regulations 1992 ;
“livestock unit”means 3 deer or swine;
“local authority”means —
as respects any district or London borough, the council of that district or borough;
as respects the City of London (including the Temples), the Common Council; and
as respects Scotland, an islands or district council;
“meat”means all parts of farmed game meat which are suitable for human consumption;
“premises”means any slaughterhouse, cutting premises, cold store, farmed game handling facility or farmed game processing facility;
“real cost”, in relation to the carrying out of a health inspection and control exercise, means the cost of such an exercise calculated in accordance with the provisions of regulation 5;
“slaughterhouse”means any building, premises or place (other than a farmed game handling facility) for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulatiomn bearing that number in these Regulations.
Charges for health inspection and control exercises
3
A local authority may make a charge for every health inspection and control exercise carried out by it at a premises.
Calculation of charges for health inspection and control exercises
4
The charge for a health inspection and control exercise carried out at a premises shall not exceed the amount equal to the real cost of carrying out that exercise; and that real cost shall not exceed —
a
£40 for the first four livestock units presented on the same occasion for inspection, and
b
£6.30 for each additional livestock unit also presented on that same occasion for inspection.
Calculation of real cost
5
1
The amount of the real cost of carrying out an inspection and control exercise calculated by a local authority for the purposes of these Regulations shall be reasonable; and, in calculating such real cost the factors which a local authority is to use in doing so are the factors specified in the Schedule hereto.
2
In calculating the real cost of carrying out a health inspection and control exercise in respect of farmed game at a slaughterhouse for the purposes of these Regulations a local authority shall assume that the real cost of its administrative costs (being the costs specified in paragraphs 4 to 8 of the Schedule hereto) falls to be assessed at 0.725 ECU per tonne of unboned farmed game meat.
Liability for and recovery of charges
6
1
Any charge made by a local authority under these Regulations shall be payable to it.
2
Any charge payable to a local authority under these Regulations shall be payable by the occupier of the premises in relation to which the charge arises.
3
Any charge payable to a local authority under these Regulations shall be recoverable by it as a civil debt.
Additional provisions relating to charges for health inspection and control exercises
7
A local authority shall, in making charges for health inspection and control exercises —
a
consult in writing the occupier of the premises affected by such charges about the amounts which the authority proposes to charge;
b
supply to any person consulted by it under sub-paragraph (a) above on his written request made within 14 days of the day on which he was so consulted, details of the calculations used to decide the amounts of the proposed charges;
c
consider any representations which have been made (within 14 days of the day on which the details referred to in sub-paragraph (b) above were supplied by it) to it by, or on behalf of, any person whom it has supplied with those details and, after having regard to any such representations, determine the amounts of its charges; and
d
notify in writing all persons consulted under sub-paragraph (a) above of the amounts of such charges at least 14 days before the day on which the charges are to be paid.
Information to be provided by local authorities
8
1
An occupier of a premises shall, on demand by a local authority, supply to the authority such information as it may from time to time reasonably require for the purpose of calculating charges under the Regulations for which he will be liable.
2
Each local authority shall provide the appropriate Minister with such information relating to the calculation of charges for the purposes of these Regulations as he may from time to time require and with copies of such representations made to it under regulation 7(c) as he may so require.
Appeals
9
1
Where a local authority has determined a charge for a health inspection and control exercise then, if the occupier of the premises affected by the charge considers it to be excessive, he may, within 28 days of being notified of the amount of the charge under regulation 7(d) appeal to the appropriate Minister against the amount of the charge on the ground that the local authority has determined an amount in respect of the real cost of the exercise which is unreasonably high.
2
Where an appeal is brought under paragraph (1) above the appropriate Minister shall consult with the local authority and if, after such consultation, he is satisfied that the ground of appeal mentioned in paragraph (1) exists, he shall require the authority to recalculate the amount of the charge in accordance with such directions as he may give to the authority with regard to such recalculation; and if, after such consultation, the appropriate Minister is not so satisfied he shall inform the authority and the occupier of the premises affected by the charge of this fact.
3
Pending the recalculation of the amount of a charge by a local authority in accordance with paragraph (2) above the charge originally determined by the authority shall continue in force and, when the authority has recalculated the amount of the charge in the required manner, the recalculated charge shall have effect from the date on which the original charge took effect and the authority shall repay to the occupier of the premises affected by the charge the amount of any excess paid by him to the authority since that date.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State for Health
18th May 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th May 1993
David Hunt
Secretary of State for Wales
24th May 1993


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”), and
b
along the route described in Schedule 2 to this Order which connects the main new trunk road with other highways at the place stated in that schedule (the highway along this route being in this Order referred to as “the slip road”), shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of each of the new trunk 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 new trunk 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, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.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:
a
each measurement of distance is measured along the route of the relevant highway;
b
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as 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 HA10/2E/332, marked “The A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass and Slip Road) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the main new trunk road and the slip road and “a new trunk road” means one of those highways;
iv
“the Side Roads Order ” means the A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass and Slip Road) Side Roads Order 1993; and
v
“the trunk road ” means the London to Kings Lynn Trunk Road (A10).
5
This Order shall come into force on 24th December 1993 and may be cited as the A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass and Slip Road) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
25th November 1993


text:
1
These Regulations may be cited as the Retirement Benefits Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) (Amendment) Regulations 1993 and shall come into force on 11th January 1994.
2
In regulation 3(5)(b) of the Retirement Benefits Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990 after the words “posting to”there shall be inserted the words “a foreign branch of the employer or to”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
22nd December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Compensation for Premature Retirement) (Amendment) (No. 2) Regulations 1993 and shall come into force on 22nd December 1993.
Amendments
2
Regulation 3 of the Local Government (Compensation for Premature Retirement) (Amendment) Regulations 1993 is amended–
a
by the substitution in paragraph (1) of the substituted regulation for the words “or, as the case may be, shall be jointly entitled,” of the words “, or the widows jointly entitled,”; and
b
by the substitution for paragraph (2) of the substituted regulation of the following:
2
A widow or widower shall not be entitled to receive widow’s or widower’s short–term or long–term compensation–
a
if the marriage took place after the material date; or
b
if at the material date or at the date of death the beneficiary and his or her spouse were judicially separated.
.
3
Regulation 7 of the Local Government (Compensation for Premature Retirement (Amendment) Regulations 1993 is amended by the substitution in the inserted paragraph for the words “[date of coming into force of these Regulations]” of the words “23rd December 1993”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
10th December 1993


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


text:
1
This Order may be cited as the Foreign Fields (Specification) (Amendment) Order 1993.
2
The Foreign Fields (Specification) Order 1991 (hereinafter referred to as “the 1991 Order”) shall have effect subject to the amendment set out in article 3 below.
3
The Schedule set out in this Order shall be substituted for the Schedule to the 1991 Order.
Tim Eggar
Minister for Energy,
Department of Trade and Industry
18th June 1993


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 1993 and shall come into force on 6th April 1993.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Income Tax (Sub-contractors in the Construction Industry) Regulations 1975 and “Regulation” means a regulation of those Regulations.
Amendments to the Principal Regulations
3
After Regulation 7B there shall be inserted —
Interest on amounts overdue
7C
1
Subject to paragraph (2), where in relation to the year ended 5th April 1993 or any subsequent year, a contractor has not within 14 days after the end of a year paid to the Collector the total amount which he is liable under these Regulations so to pay, the amount remaining unpaid shall carry interest at the prescribed rate from the reckonable date until payment.
2
Paragraph (1) above shall not apply to any amount in respect of which a direction under Regulation 7B(2) or (3) has been made.
3
In this Regulation “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 86 of the Taxes Management Act 1970 ; and where that rate changes on an operative date within the meaning given by Regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from or from after that date.
4
In this Regulation “the reckonable date”, in relation to any year, means the 14th day after the end of that year.
5
The amount payable to which paragraph (1) of this Regulation applies shall carry interest from the reckonable date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
6
Interest payable under this Regulation shall be recoverable as if it were an amount which a contractor is liable under Regulation 7 or 7A to pay to the Collector.
7
A certificate of the Collector that any amount of interest payable under this Regulation has not been paid to him, or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the sum mentioned in the certificate is unpaid and due to the Crown.
8
Any document purporting to be a certificate within paragraph (7) shall be deemed to be such a certificate until the contrary is proved.
Interest on amounts overpaid
7D
1
Where an amount paid under these Regulations in respect of the year ended 5th April 1993 or any subsequent year is repaid to a contractor in the circumstances specified in paragraph (2), the amount repaid shall carry interest at the prescribed rate from the relevant time until the order for the repayment is issued.
2
The circumstances specified in this paragraph are where the amount is repaid —
a
after the end of the year following that in respect of which the amount was paid, and
b
after the end of the year in which the amount was paid.
3
In this Regulation “the prescribed rate” means the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 of the Income and Corporation Taxes Act 1988 ; and where that rate changes on an operative date within the meaning given by Regulation 2 of the Taxes (Interest Rate) Regulations 1989 by virtue of those Regulations, the change shall have effect for periods beginning on or after the operative date in relation to interest running from before that date as well as from after that date.
4
In this Regulation “the relevant time” means —
a
in the case of a repayment of an amount which was paid more than twelve months after the end of the year in respect of which the payment was made, the end of the year in which that amount was paid; and
b
in any other case, the end of the year after the year in respect of which the payment was made.
.
4
In Regulation 12A of the Principal Regulations , in paragraph (1), there shall be inserted after the words “19th April 1988” the words “for a year not later than the year ended on 5th April 1992”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
16th March 1993


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open for through traffic.
2
In this Order:
a
each measurement of distance is measured along the route of the trunk road, and —
b
i
“the deposited plan” means the plan numbered HA10/2-/N232 marked the A66 Trunk Road (Stainmore-Banks Gate De-Trunking) Order 1993, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the A66 Penrith to Middlesborough Trunk Road;
iii
“the new trunk road” means the new trunk road to be constructed by the Secretary of State in pursuance of the A66 Trunk Road (Stainmore-Banks Gate Improvement) Order 1993; and
iv
“classified road” as a classification for a highway means that the highway is not a principal road for the purpose of enactments 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.
3
This Order shall come into force on 19th March 1993 and may be cited as the A66 Trunk Road (Stainmore-Banks Gate De-Trunking) Order 1993.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
An Under Secretary in the
Department of Transport
5th March 1993