text:
Citation and commencement
1
1
This Order may be cited as the Portsmouth Mile End Quay (Berth No. 2 Extension) Harbour Revision Order 1993 and shall come into force on 5th November 1993.
2
The Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1991 and this Order may be cited as the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1993.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means the works authorised by this Order or any part of those works and, where any part of those works remains uncompleted, includes the site thereof;
“ the Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth Mile End Quay (Berth No.2 Extension) Harbour Revision Order 1993”, of which one is deposited at the offices of the Department of Transport and one at the offices of the Head of Legal Services of the Council;
“enactment” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the Mile End Quay undertaking” means the undertaking of the Council 1966 to 1991, by this Order, and by the Mile End Gardens (Portsmouth) Act 1978 ;
“ Queen’s Harbour Master ” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means so much of the authorised works as is on, under or over any part of the seashore lying below the level of high water;
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
Subject to paragraph (2) below, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 81, 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 as so incorporated —
a
section 15 shall have effect as if, for the words from “shall forfeit” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 shall have effect as if, after the word “may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order, and the expression “vessel” shall have the meaning assigned to it by article 2(1) of this Order.
4
a
For the purposes of section 83 of the Act of 1847 as so incorporated, sections 236 to 238 of the Local Government Act 1972 ) shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws made by the Council relating to the Mile End Quay undertaking and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial, then
i
he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
ii
he shall not confirm the byelaws until such period has elapsed as he thinks rreasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain, within the limits of deviation, the following works in the City of Portsmouth: a quay and reclamation south and west of the existing Portsmouth Continental Ferry Port Berth Number 2 within an imaginary line commencing at the north west corner of the existing Berth Number 2 structure at point 463877 101682, passing in a west south-westerly direction for a distance of 75 metres to point 463806 101652, thence in a south south-easterly direction for a distance of 38 metres to point 463820 101620, thence in an east north-easterly direction for a distance of 95 meres to point 463908 101654, thence continuing generally in the same direction for a distance of 116 metres to the northern face of the round dolphin situated at point 464021 101677, thence passing in a north-easterly direction for a distance of 13 metres to the south-west corner of the existing Berth Number 2 bank seat at point 464029 101687 and thence generally following along the line of the existing quay to return to the point of commencement.The points specified in this paragraph are Ordnance Survey National Grid reference points.
2
The council may within the limits of deviation extend, enlarge, alter, replace or relay the authorised works.
3
The Council may authorise any person to carry out the authorised works.
Power to deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the Council may, in connection with the construction of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the construction of the authorised works.
Subsidiary works
7
1
Subject to paragraph (2) below and to the other provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to appropriate lands and works for particular trades etc
8
Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purpose of or in connection with the management of the Mile End Quay undertaking set apart and appropriate any part of the authorised works for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council may think fit.
Limits of Harbour Master’s jurisdiction
9
1
Subject to the provisions of paragraph (2) below, the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the provisions of the act of 1847 as incorporated with this Order, and all other powers enabling him in that behalf shall extend to a distance of 100 metres in every direction from the authorised works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this Order shall extend to empower the Harbour Master of the Council to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In the case of conflict between any direction given by the Harbour Master of the Council and any direction given by the Queen’s Harbour Master, the direction given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of a vessel by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the Council may recover such rates as a debt in any court of competent jurisdiction.
Fine for obstructing works
11
Any person who intentionally or recklessly obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
12
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and to restore the site thereof to its former condition; and, if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Provision against danger to navigation
13
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) above or to comply in any respect with a direction given under that paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Survey of tidal works
15
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
16
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
17
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Power to lease
18
The Council may lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of the authorised works for harbour purposes for such period and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Parking places
19
The Council may provide facilities within the authorised works undertaking for the parking of vehicles (including trailers) and for that purpose may erect barricades or fencing with relative offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles etc.
20
1
If a vehicle is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the authorised works;
b
in any part of the authorised works where the parking of vehicles is prohibited by notice erected by the Council;
the Council may remove the vehicle or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this article remove a vehicle or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.
4
For the purposes of paragraph (3) above “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Council in exercise of the powers of this article remove a mechanically propelled vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
6
The Council shall cause to be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the Mile End Quay undertaking a notice giving the name of a person to whom or a place or other point of contact to which a person having an interest in a vehicle may refer in the event that the Council, acting under paragraph (1) above or other powers conferred by law, remove the vehicle or cause it to be removed from a place where it was left without the permission of the Council.
7
In this article “vehicle” includes trailer.
Further extension of section 86 of Portsmouth Corporation Act 1959
21
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 , as having effect in accordance with —
a
article 21 of the Portsmouth Mile End Quay Revision Order 1966 ;
b
article 21 of the Portsmouth Mile End Quay Revision Order 1973 ;
c
article 15 of the Portsmouth Mile End Quay Harbour Revision Order 1988 ; and
d
article 24 of the Portsmouth Mile End Quay Harbour Revision Order 1991 ; shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included references to any approach to the authorised works.
Crown rights
22
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing in this Order authorises the Council to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving rights of Queen’s Harbour Master
23
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
24
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Secretary of State for Transport
M. W. Jackson
An Under Secretary in the
Department of Transport
3rd November 1993


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the National Rivers Authority (Levies) Regulations 1993 and shall come into force on 16th January 1993.
2
In these Regulations —
“the 1976 Act ” means the Land Drainage Act 1976 ;
“the 1988 Act ” means the Local Government Finance Act 1988;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the NRA ” means the National Rivers Authority;
“district” means a local flood defence district created by a scheme under section 12 of the Water Resources Act 1991 or which is treated as such by virtue of section 134(3) of that Act or continues to be so treated under paragraph 14(1) of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 ;
“expenses” of the NRA for a financial year means qualifying expenses ascertained in accordance with section 45(2) of the Land Drainage Act 1976, the reference in that section to sums received otherwise than by virtue of section 46 of that Act being taken as a reference to sums received otherwise than by virtue of any levy issued under these Regulations;
“local council”, in relation to a district, means the council of any county, metropolitan district or London Borough any part of whose area is comprised in that district and, if any part of the City of London is comprised in that district, the Common Council of the City of London.
3
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Application
2
These Regulations apply in relation to any expenses of the NRA or levy in respect of any financial year beginning on or after 1st April 1993.
Power to issue levies
3
1
In order to meet its expenses in respect of a district, the NRA may issue to a local council a levy in respect of any financial year in accordance with these Regulations and with sections 46(5) to (8) and 47 of the 1976 Act , the references to precepts in the said section 46(5) and (8) and in section 47(1) being taken to be references to levies issued under these Regulations.
2
When issuing a levy to a local council, the NRA shall notify the council whether the levy or any portion of it relates to part only of the council’s area and, if it does, which part.
Issue of levies
4
1
In this regulation “the relevant date” means 15th February in the financial year preceding that in respect of which a levy is issued.
2
A levy must be issued before the relevant date, but it is not invalid merely because it is issued on or after that date.
3
This regulation does not apply to a substituted levy issued in accordance with regulation 8.
Maximum amount of levies
5
1
A levy issued by the NRA under these Regulations shall be subject to the provisions of section 46(5) to (7) of the 1976 Act, read with this regulation, the reference to precepts in the said section 46(5) being taken to be a reference to levies issued under these Regulations.
2
For the purposes of a levy issued by the NRA in respect of a district, the estimated penny rate product for a relevant area for a financial year referred to in the said section 46(5) shall be taken to be —
a
in respect of the financial year beginning in 1993, the product taken into account for the purpose of the said section 46(5) in respect of the relevant area in the financial year beginning in 1992 increased by 3.6 per cent; and
b
in respect of any subsequent financial year, the amount ascertained in accordance with sub-paragraph (a) above in respect of the relevant area, increased or decreased by the proportion by which the retail prices index for September of the financial year preceding that in respect of which the levy is issued differs from the retail prices index for September 1992.
3
For the purposes of a levy issued by the NRA in respect of a district, the reference in the said section 46(6) to the estimated penny rate product for a relevant area for a financial year shall be taken to be a reference to the amount for the financial year determined for the relevant area in accordance with paragraph (2) of this regulation.
4
References in paragraph (2)(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment of expenses
6
1
The NRA shall secure that such of its expenses in respect of a district as are to be met by levies issued by it under these Regulations are borne by the local councils (if more than one) in proportion.
2
For the purposes of paragraph (1) above, the proportion shall be determined by reference to the council tax base for the financial year in respect of which the levy is issued (referred to in this regulation as “the year”) for the area of each local council or, as the case may be, the part which falls within the district.
3
For the purposes of this regulation and regulation 7(3), the council tax base for an area or part of an area for a financial year is, subject to paragraph (4) below, —
a
where the levy is issued in respect of the whole of the area of a billing authority which is a local council, the amount calculated by that authority as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;
b
where the levy is issued in respect of the whole of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas in accordance with the rules for the time being effective (as regards that year) under regulations made under section 44(5) of the 1992 Act;
c
where the levy is issued in respect of part of the area of a billing authority which is a local council, the amount calculated by that authority as its council tax base for the year for that part of its area in accordance with the rules for the time being effective (as regards that year) under regulations made under section 34(4) of the 1992 Act; or
d
where the levy is issued in respect of part of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the part of the area of the county council to which the levy relates, in accordance with the rules for the time being effective (as regards that year) under regulations made under section 45(4) of the 1992 Act.
4
Where a billing authority has calculated and, where required, notified to a county council within the period prescribed by regulations made under sections 33(1), (5) and (6), 34(4), 44(1), (5) and (6), 45(3) to (5), 48(3) to (6) and 113(1) and (2) of the 1992 Act its council tax base for its area or the part of its area in respect of which the levy is issued for the purposes of item T in section 33(1) or 44(1) of the 1992 Act or item TP in section 34(3) or 45(3) of that Act the council tax base for its area or part of its area shall be the amount so calculated.
Notification of council tax base
7
1
This regulation applies where the expenses of the NRA in respect of a district are to be borne by more than one local council in accordance with regulation 6.
2
For the purposes of this regulation, each of the following is a notifying authority in relation to a district, namely —
a
a billing authority which is a local council, and
b
any other billing authority to which a county council, being a local council, has power to issue a precept.
3
A notifying authority shall, within the period beginning on the date of coming into force of these Regulations and ending on 31st January 1993 in respect of the financial year beginning 1st April 1993 and thereafter within the period beginning 1st December and ending on 31st January in each financial year, inform the NRA of the Council tax base, determined in accordance with paragraphs (3) and (4) of regulation 6, for its area, or (as the case may require) the part or parts of its area, in respect of which a levy will be issued or it anticipates that a levy will be issued in the immediately following financial year.
Substituted levies
8
1
Subject to the following provisions of this regulation, if the NRA has issued a levy in respect of a district for a financial year under these Regulations (originally or by way of substitute) it may issue a levy in substitution.
2
No levy may be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (3) below.
3
The amount of a levy issued in substitution (in this regulation called “the new levy”) may be greater than the amount of that for which it is substituted (in this regulation called “the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 6, but only so much as is required to enable those requirements to be fulfilled.
4
Where the NRA issues a new levy, anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
5
But if the amount of the old levy exceeds that of the new levy —
a
the amount in excess shall be repaid if the local council by whom it was paid so requires;
b
in any other case, the amount in excess shall (as the NRA determines) either be repaid or be credited against any subsequent liability of the local council in respect of any levy issued by the NRA.
Payment of levies
9
1
A local council to which a levy is issued under these Regulations in respect of a financial year shall pay the amount of the levy to the NRA in that financial year —
a
at such time and in such instalments (if any) as may be agreed between the NRA and the council, or
b
in default of such agreement,
i
by four equal instalments due on 1st May, 1st July, 1st October and1st January in the financial year, or
ii
if the levy is issued after 30th April in the financial year, by equal instalments or (as the case may be) by a single payment due on as many of the dates referred to in sub-paragraph (i) above as remain after the date of issue of the levy or, if none so remain, by a single payment due 30 days after the said date of issue.
2
Reference in this regulation to payment of a levy are references to the payment of a levy after the deduction of any amount credited against the liability of the local council in respect of that levy in accordance with regulation 8(5)(b).
Anticipation of levies: billing authorities
10
1
In this regulation, “authority” means a local council which is a billing authority.
2
An authority making calculations in accordance with section 32 of the 1992 Act (“the calculations”), originally or by way of substitute, for a financial year (“the year”) may anticipate a levy to be issued in accordance with these Regulations to it for the year by the NRA in any case where —
a
such a levy has not been issued by the NRA to the authority at the time the calculations are made; and
b
the NRA issued a levy under the National Rivers Authority (Levies) Regulations 1990 or these Regulations for the preceding financial year.
3
Subject to paragraph (4) below, where, pursuant to paragraph (2) above, the authority anticipates a levy to be issued by the NRA for the year, the amount of the levy so anticipated shall be equal to the authority’s estimate, at the time the calculations (or last calculations) are made, of the amount of the levy which it considers likely will be issued to it for the year by the NRA.
4
Where a levy has previously been anticipated by the authority for the purposes of a calculation for the year, the amount of the levy which may be anticipated by the authority for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.
5
Whether or not an authority making calculations (originally or by way of substitute) for a financial year anticipates a levy to be issued in accordance with these Regulations to it by the NRA —
a
where the NRA issues such a levy to the authority, the authority shall pay to the NRA a sum equal to the amount of the levy; and
b
where the NRA does not issue such a levy to the authority, the authority shall not pay any sum to the NRA in respect of such a levy.
Anticipation of levies: county councils
11
1
A county council making calculations in accordance with section 43 of the 1992 Act (“the calculations”), originally or by way of substitute, for a financial year (“the year”) may anticipate a levy to be issued to it for the year by the NRA in any case where —
a
such a levy has not been issued by the NRA to the county council at the time the calculations are made; and
b
the NRA issued a levy under the National Rivers Authority (Levies) Regulations 1990 or these Regulations for the preceding financial year.
2
Subject to paragraph (3) below, where, pursuant to paragraph (1) above, the county council anticipates a levy to be issued by the NRA for the year, the amount of the levy so anticipated shall be equal to the county council’s estimate, at the time the calculations (or last calculations) are made, of the amount of the levy which it considers likely will be issued to it for the year by the NRA.
3
Where a levy has previously been anticipated by the county council for the purposes of the calculations for the year, the amount of the levy which may be anticipated by the county council for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.
4
Whether or not a county council making calculations (originally or by way of substitute) for a financial year anticipates a levy to be issued in accordance with these Regulations to it by the NRA —
a
where the NRA issues such a levy to the county council, the county council shall pay to the NRA a sum equal to the amount of the levy; and
b
where the NRA does not issue such a levy to the county council, the county council shall not pay any sum to the NRA in respect of such a levy.
Revocation
12
1
Subject to paragraph (2) below, the National Rivers Authority (Levies) Regulations 1990 (“the 1990 Regulations ”) are hereby revoked.
2
The 1990 Regulations shall continue to have effect in relation to levies issued or anticipated in accordance with those Regulations in respect of a financial year beginning before 1st April 1993.
Michael Howard
Secretary of State for the Environment
13th January 1993
David Hunt
Secretary of State for Wales
14th January 1993


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1993 and shall come into force on 22nd April 1993.
Application
2
This Order applies to all school teachers (as defined in the School Teachers' Pay and Conditions Act 1991) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1992 is amended with effect from 1st April 1993 as follows:
a
the following shall be substituted for the table in paragraph 4:
Spine Point £
1 22,404 2 22,770 3 23,139 4 23,505 5 3,874 6 24,240 7 24,609 8 24,972 9 25,344 10 25,710 11 26,076 12 26,442 13 26,808 14 27,180 15 27,546 16 27,912 17 28,278 18 28,650 19 29,016 20 29,382 21 29,874 22 30,360 23 30,849 24 31,341 25 31,830 26 32,319 27 32,808 28 33,300 29 33,789 30 34,404 31 35,016 32 35,625 33 36,237 34 36,855 35 37,464 36 38,076 37 38,688 38 39,546 39 40,398 40 41,259 41 42,114 42 42,969 43 43,830 44 44,685 45 45,540 46 46,398 47 47,256 48 48,114 49 48,972 50 49,824 51 50,682
;
b
the following shall be substituted for the table in paragraph 5(1):
Head Teachers
Group Spine Point £
1 3–15 23,139–27,546 2 1(S) 8–22 24,972–30,360 3 2(S) 15–29 27,546–33,789 4 3(S) 23–37 30,849–38,688 5 4(S) 31–44 35,016–44,685 6 38–51 39,546–50,682
Deputy Head Teachers
Group Spine Point £
1 1–8 22,404–24,972 2 1(S) 2–10 22,770–25,710 3 2(S) 4–13 23,505–26,808 4 3(S) 8–20 24,972–29,382 5 4(S) 15–26 27,546–32,319 6 22–34 30,360–36,855
;
c
in paragraph 6 —
i
the following shall be substituted for the table in sub-paragraph (1):
Scale Point £
1 11,244 2 11,838 3 12,432 4 13,026 5 13,914 6 14,802 7 15,690 8 16,578 9 17,760 10 18,942
;
ii
in sub-paragraph (2), for “£294, £591, £885 or £1,173” there shall be substituted “£297, £594, £888 or £1,182”;
iii
in sub-paragraph (3), for “£3,225” there shall be substituted “£3,243”;
iv
the following shall be added after sub-paragraph (4):
5
A qualified teacher in regular full-time service on 1st May 1993 shall be paid as soon as possible after that date a single lump sum of £90 and a qualified teacher in regular part-time service on that date shall be paid a proportion of that sum which corresponds to the proportion of the school week that the authority or, in the case of a grant-maintained school, the governing body deem the teacher to be normally employed as a school teacher (midday breaks being excluded)
;
d
the following shall be substituted for the table in paragraph 7(1) —
Rate Annual Amount
A 1,302 B 2,109 C 4,218 D 5,625 E 7,734
;
e
the following shall be substituted for the table in paragraph 8(1):
U1 U2 U3 £ £ £
6,705 8,127 10,404 U4
Scale point £
1 9,558 2 9,984 3 10,404 4 10,833 5 11,268 6 11,694 7 12,123 8 13,122 9 14,256 10 15,114
;
f
in paragraph 9 —
i
in sub-paragraph (1)(a), for “£951” there shall be substituted “£966”;
ii
in sub-paragraph (1)(b), for “£1,266” there shall be substituted “£1,284”;
g
in paragraph 10, for “£969” there shall be substituted “£984”;
h
in paragraph 16 —
i
in each place where “£654” occurs there shall be substituted “£702”; and
ii
in each place where “the 1991 Document” occurs there shall be substituted “this Document”;
i
in paragraphs 16, 18(3), 19(3) and 24 in each place where “31st March 1992” occurs there shall be substituted “31st March 1993”;
j
in paragraph 3 of Part A of Appendix I, sub-paragraph (7) shall be omitted;
k
in paragraphs 6, 7 and 8 of Part B of Appendix I, in each place where “authority” or “an authority” occurs there shall be substituted “relevant body” or “the relevant body” respectively; and
l
in paragraph 6 of Part B of Appendix I —
i
the following shall be added at the end of sub-paragraph (2):
provided that, where the relevant body is the governing body of a school which has a delegated budget, no assignment shall be made until the authority has been consulted
;
ii
in sub-paragraph (3), after “governors” there shall be inserted “(if they are not the relevant body)”; and
iii
sub-paragraph (4) shall be omitted.
John Patten
Secretary of State for Education
30th March 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order (the highway along this route being in this Order referred to as “the new trunk road”) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road 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 the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purpose of through traffic.
4
In this Order
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered PSE A27/13D/65/2/4, marked “The A27 Trunk Road (Polegate Bypass) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” has the meaning given in article 1 above;
iii
“the Trunk Road” means the Folkestone-Honiton Trunk Road (A27).
5
This Order shall come into force on 1st June 1993 and may be cited as the A27 Trunk Road (Polegate Bypass) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
4th May 1993


text:
Citation and commencement
1
1
This Order may be cited as the Barnet, Camden and Westminster (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“Barnet” means the London borough of Barnet;
“Camden” means the London borough of Camden;
“the map” means one or more of the 4 maps prepared by the Department of the Environment, marked “Maps of the Barnet, Camden and Westminster (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; any reference to a ward is a reference to a ward of the borough or city from or to which an area is transferred; and
“Westminster” means the city of Westminster in Greater London.
Transfers between Barnet and Camden
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Barnet, and from the ward named in column 3 to Camden, to the ward named in column 4, and to the West Central petty sessional area and the Inner North London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Barnet, and from the following ward — To Camden, and to the following ward —
B and F 2 Childs Hill Frognal A, C & D 4 Garden Suburb Hampstead Town E 4 Garden Suburb Highgate
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Camden, and from the ward named in column 3 to Barnet, to the ward named in column 4, and to the Barnet petty sessional area and the Northern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Camden, and from the following ward — To Barnet, and to the following ward —
D 2 Fortune Green Childs Hill A, C, E, G, H & J 2 Frognal Childs Hill A 3 Hampstead Town Childs Hill B 4 Hampstead Town Garden Suburb
Transfer from Westminster to Camden
4
The area which is marked A on map 1 shall be transferred from Westminster, and from the St.James’s ward to Camden, to the Holborn ward, to the West Central petty sessional area, and to the Inner North London coroner’s district.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
27th May 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 and shall come into force —
a
for the purposes of regulations 1 to 24, on 4th October 1993;
b
for the purposes of regulations 25 to 46, on 5th October 1993.
2
Regulations 1 to 24 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 4th October 1993 which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support Regulations .
3
Regulations 25 to 46 of these Regulations shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 5th October 1993, or
b
where a claimant has an award of family credit or disability working allowance which is current on 4th October 1993, on the day following the expiration of that award.
4
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the Income Support Regulations
2
In regulation 2(1) of the Income Support Regulations (interpretation) —
a
after the definition of “Crown tenant” there shall be inserted the following definition —
“date of claim” means the date on which the claimant makes, or is treated as making, a claim for income support for the purposes of regulation 6 of the Social Security (Claims and Payments) Regulations 1987 ;
;
b
after the definition of “lower rate” there shall be inserted the following definition —
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
;
c
after the definition of “period of study” there shall be inserted the following definition —
“personal pension scheme” has the same meaning as in section 84(1) of the Act and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 5 of the Income Support Regulations
3
1
Regulation 5 of the Income Support Regulations (persons treated as engaged in remunerative work) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (3) there shall be inserted the following paragraph —
3A
A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.
.
3
In paragraph (6) for the words “paragraph (f)” there shall be substituted the words “paragraph (k)”.
Amendment of regulation 12 of the Income Support Regulations
4
In regulation 12 of the Income Support Regulations (relevant education) in paragraph (2) for the word “Technician” in each place where it occurs there shall be substituted the word “Technology”.
Amendment of regulation 15 of the Income Support Regulations
5
In regulation 15 of the Income Support Regulations (circumstances in which a person is to be treated as responsible or not responsible for another) for paragraphs (1) and (2) there shall be substituted the following paragraphs —
1
Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit.
1A
In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
2
In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be —
a
except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
b
where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.
.
Amendment of regulation 16 of the Income Support Regulations
6
1
Regulation 16 of the Income Support Regulations (circumstances in which a person is to be treated as being or not being a member of the household) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “is absent from the dwelling occupied as his home” there shall be substituted the words “is temporarily living away from the other members of his family”.
3
For paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) shall not apply to a person who is living away from the other members of his family where —
a
that person does not intend to resume living with the other members of his family; or
b
his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks.
.
Amendment of regulation 17 of the Income Support Regulations
7
In regulation 17(1)(b) of the Income Support Regulations (applicable amounts) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 44(1) (modifications in respect of children and young persons)”.
Amendment of regulation 18 of the Income Support Regulations
8
In regulation 18(1)(c) of the Income Support Regulations (polygamous marriages) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 44(1) (modifications in respect of children and young persons)”.
Amendment of regulation 19 of the Income Support Regulations
9
1
Regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1ZC) in sub-paragraph (b) for the words “or by any member” there shall be substituted the words “or of any member”.
3
In paragraph (1ZG) —
a
in sub-paragraph (a) —
i
for the words “, or by a member” there shall be substituted the words “or of any member”;
ii
for the words “and are provided” there shall be substituted the words “or are provided”;
b
in sub-paragraph (b) for the words “, or by a member” there shall be substituted the words “or of any member”.
4
After paragraph (1ZJ) there shall be inserted the following paragraphs —
1ZK
Where a person —
a
formerly had a preserved right by virtue of paragraph (1ZB); and
b
on 1st April 1993 was living in a home which was exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents were treated as relatives pursuant to section 19(4) of that Act; and
c
is living in that home on 4th October 1993; and
d
between 1st April 1993 and 4th October 1993 he has not been absent from that home, or has been absent from it for a period not exceeding 13 weeks;
then subject to paragraph (1ZL) that person shall be treated for the purposes of this regulation as though he had a preserved right on and after 4th October 1993.
1ZL
Paragraph (1ZK) shall cease to apply to a person who is treated as though he had a preserved right where he is absent from a residential care home or nursing home and that absence exceeds a period of —
a
except in a case to which sub-paragraph (b) applies, 13 weeks; or
b
52 weeks where throughout the period of absence the person was a patient.
.
5
In paragraph (3) in the definition of “residential care home” —
a
in sub-paragraph (e) for the word “1968;” there shall be substituted the words “1968; or”;
b
after sub-paragraph (e) there shall be added the following sub-paragraph —
f
which is exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents are treated as relatives pursuant to section 19(4) of that Act;
.
Amendment of regulation 21 of the Income Support Regulations
10
In paragraph (3C) of regulation 21 of the Income Support Regulations (special cases) after the words “by that or another” there shall be inserted the word “local”.
Amendment of regulation 30 of the Income Support Regulations
11
In regulation 30(1) of the Income Support Regulations (calculation of earnings of self-employed earners) —
a
in sub-paragraph (a) for the words “52 weeks” there shall be substituted the words “one year”;
b
in sub-paragraph (b) the words “of weeks” shall be omitted.
Amendment of regulation 35 of the Income Support Regulations
12
In regulation 35(2) of the Income Support Regulations (earnings of employed earners) in sub-paragraph (b) for the words from “who for the time being is” to the end of the sub-paragraph there shall be substituted the words “in respect of a period throughout which the claimant is on maternity leave or is absent from work because he is ill”.
Amendment of regulation 38 of the Income Support Regulations
13
1
Regulation 38 of the Income Support Regulations (calculation of net profit of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
For the words “one-half of any qualifying premium payable” in each place where they occur there shall be substituted the words “one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme”.
3
For paragraph (12) there shall be substituted the following paragraph —
12
In this regulation, “retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium.
.
Amendment of regulation 39 of the Income Support Regulations
14
In regulation 39(2) of the Income Support Regulations (deduction of tax and contributions for self-employed earners ) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
.
Amendment of regulation 44 of the Income Support Regulations
15
1
Regulation 44 of the Income Support Regulations (modifications in respect of children and young persons) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) the words “, except where otherwise provided,” shall be omitted.
3
In paragraph (4) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”.
4
In paragraph (5) for the words “except where otherwise provided” there shall be substituted the words “except as provided in paragraph (1)”.
Amendment of regulation 61 of the Income Support Regulations
16
In regulation 61 of the Income Support Regulations (interpretation) in the definition of “a course of advanced education” for the word “Technician” in each place where it occurs there shall be substituted the word “Technology”.
Amendment of regulation 71 of the Income Support Regulations
17
1
Regulation 71(1) of the Income Support Regulations (applicable amounts in urgent cases) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a) after head (v) there shall be added the following head —
vi
the amount, if applicable, specified in paragraph 2A of Schedule 2;
.
3
In sub-paragraph (b) before the words “, his weekly applicable amount” there shall be inserted the words “and has a preserved right”.
4
In sub-paragraph (c)(i) the words “in respect of personal expenses as is” shall be omitted.
Amendment of Schedule 2 to the Income Support Regulations
18
1
Schedule 2 to the Income Support Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 2A(4) for the words from “and which” to “palliative” there shall be substituted the words “and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages”.
3
In paragraph 13 (severe disability premium) sub-paragraph (3)(b) shall be omitted.
4
In sub-paragraph (a) of paragraph 14 (disabled child premium) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 44(1) (modifications in respect of children and young persons)”.
Amendment of Schedule 3 to the Income Support Regulations
19
1
Schedule 3 to the Income Support Regulations (housing costs) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 there shall be added at the end the following sub-paragraph —
i
payments by way of rentcharge within the meaning of section 1 of theRent charges Act 1977 .
.
3
In paragraph 5(b) for the words “to which regulation 19 (applicable amounts for persons in residential care and nursing homes) applies” there shall be substituted the words “which is a residential care home or a nursing home for the purposes of regulation 19 (applicable amounts for persons in residential care and nursing homes)”.
4
In paragraph 9 —
a
in sub-paragraph (1) for the words “(c) to (h)” there shall be substituted the words “(c) to (i)”;
b
in sub-paragraphs (3) and (4) for the words “(c) to (g)” in each place where they occur there shall be substituted the words “(c) to (i)”.
Amendment of Schedule 4 to the Income Support Regulations
20
1
Schedule 4 to the Income Support Regulations (applicable amounts of persons in residential care and nursing homes) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 6 —
a
for head (b) of sub-paragraph (2) there shall be substituted the following head —
b
he —
i
is entitled to attendance allowance at the higher rate in accordance with section 65(3) of the Contributions and Benefits Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, or
ii
has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the disability conditions, but he has not yet completed the qualifying period for that benefit; or
;
b
after sub-paragraph (2) there shall be added the following sub-paragraph —
3
In this paragraph —
a
“the disability conditions” means —
i
in the case of attendance allowance, the conditions in section 64(2) and (3) of the Contributions and Benefits Act; and
ii
in the case of disability living allowance, the conditions in section 72(1)(b) and (c) of the Contributions and Benefits Act;
b
“the qualifying period” means —
i
in the case of attendance allowance, the period specified in section 65(1)(b) of the Contributions and Benefits Act; and
ii
in the case of disability living allowance, the period specified in section 72(2)(a) of the Contributions and Benefits Act.
.
3
In paragraph 11(2) for the words from “immediately” to “in force” there shall be substituted the words “in Schedule 3C”.
Amendment of Schedule 7 to the Income Support Regulations
21
1
Schedule 7 to the Income Support Regulations (applicable amounts in special cases) shall be amended in accordance with the following provisions of this regulation.
2
For the sum “£11.20” there shall be substituted the sum “£12.65” in the second column of each of the following paragraphs —
a
10A (single claimants temporarily in local authority accommodation);
b
10B (1), (2), and (3) (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);
c
10C (lone parents who are in residential accommodation temporarily);
d
13(1)(a) (persons in residential accommodation).
3
In column (1) of paragraph 16 (persons temporarily absent from a hostel, residential care or nursing home) for the words from “Where a person” to “would apply and” there shall be substituted the following words —
Where a person is temporarily absent from accommodation for which he is liable to pay a retaining fee, and but for his temporary absence from that accommodation his applicable amount would be calculated in accordance with regulation 19 (applicable amounts for persons in residential care and nursing homes), and
.
Amendment of Schedule 8 to the Income Support Regulations
22
1
Schedule 8 to the Income Support Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where —
i
the employment has not been terminated, but
ii
the claimant is not engaged in remunerative work,
any earnings in respect of that employment except earnings to which regulation 35(1)(d) and (e) applies; but this sub-paragraph shall not apply where the claimant has been suspended from his employment.
.
3
For paragraph 2 there shall be substituted the following paragraph —
2
In the case of a claimant who, before the date of claim —
a
has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and
b
has ceased to be engaged in that employment, whether or not that employment has been terminated,
any earnings in respect of that employment except any payment to which regulation 35(1)(e) applies; but this paragraph shall not apply where the claimant has been suspended from his employment.
.
Amendment of Schedule 9 to the Income Support Regulations
23
1
Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph 9A shall be omitted.
3
In paragraph 15 —
a
for sub-paragraph (1) there shall be substituted the following sub-paragraph —
1
Subject to sub-paragraph (3) and paragraphs 36, 37 and 39, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 15A applies.
;
b
in sub-paragraph (2) for the words “sub-paragraph (3)” there shall be substituted the words “sub-paragraphs (3) and (6)”;
c
for sub-paragraph (6) there shall be substituted the following sub-paragraph —
6
Sub-paragraph (2) shall apply to a claimant in a residential care home or nursing home only if his applicable amount falls to be calculated in accordance with regulation 19.
.
4
In paragraph 16(a) after the words “such a pension” there shall be inserted the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 8 or 9”.
5
In paragraph 29 —
a
in sub-paragraph (1) at the beginning there shall be inserted the words “Subject to sub-paragraph (3),”;
b
after sub-paragraph (2) there shall be added the following sub-paragraph —
3
This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).
.
6
After paragraph 30 there shall be inserted the following paragraph —
30A
1
Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 15A applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.
2
This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by a local authority under section 26 of the National Assistance Act 1948 , or whose applicable amount falls to be calculated in accordance with regulation 19.
3
The amount to be disregarded under this paragraph shall not exceed the difference between —
a
the claimant’s applicable amount less any of the amounts referred to in paragraph 13 of Schedule 4 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and
b
the weekly charge for the accommodation.
.
Amendment of Schedule 10 to the Income Support Regulations
24
In paragraph 30 of Schedule 10 to the Income Support Regulations (capital to be disregarded) for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment, or, if the payment is less than £200, the whole of any payment”.
Amendment of regulation 2 of the Family Credit Regulations
25
In regulation 2(1) of the Family Credit Regulations (interpretation) —
a
after the definition of “lower rate” there shall be inserted the following definition —
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
; and
b
after the definition of “payment” there shall be inserted the following definition —
“personal pension scheme” has the same meaning as in section 84(1) of the Act and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 4 of the Family Credit Regulations
26
In regulation 4 of the Family Credit Regulations (remunerative work) for paragraph (6) there shall be substituted the following paragraph —
6
For the purposes of paragraph (5) —
a
work which a person does only qualifies if —
i
it is the work he normally does, and
ii
it is likely to last for a period of 5 weeks or more beginning with the week of claim; and
b
a person shall be treated as not on a recognised, customary or other holiday on any day on which the person is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 9 of the Family Credit Regulations
27
In regulation 9 of the Family Credit Regulations (circumstances in which a person is to be treated as being no longer a member of the same household) for paragraph (1) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, where the claimant and any partner of his are living apart from each other they shall be treated as members of the same household unless they do not intend to resume living together.
.
Amendment of regulation 16 of the Family Credit Regulations
28
1
Regulation 16 of the Family Credit Regulations (normal weekly income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “a claimant’s normal weekly income which does not consist of earnings” there shall be substituted the words “where a claimant’s normal weekly income does not consist of earnings, or includes income that does not consist of earnings, that income”.
3
In paragraph (2)(a) after the words “at regular intervals” there shall be inserted the words “and of regular amounts”.
4
In paragraph (2A) —
a
in sub-paragraph (a) after the words “at regular intervals” there shall be inserted the words “and of regular amounts”;
b
in sub-paragraph (b) after the words “not so made,” there shall be inserted the words “except in a case to which sub-paragraph (c) applies,”;
c
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
where the maintenance assessment has been notified to the claimant under regulation 10 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 during the 13 weeks immediately preceding the week of claim, by reference to the average of such payments, calculated on a weekly basis, received in the interim period,
.
5
In paragraph (4) at the end there shall be added the following sub-paragraph —
c
“the interim period” means the week in which the date of notification of the maintenance assessment falls and the subsequent period up to and including the week immediately preceding the week of claim.
.
Amendment of regulation 22 of the Family Credit Regulations
29
1
Regulation 22 of the Family Credit Regulations (calculation of net profit of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
For the words “one-half of any qualifying premium payable” in each place where they occur there shall be substituted the words “one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme”.
3
For paragraph (12) there shall be substituted the following paragraph —
12
In this regulation “retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium.
.
Amendment of regulation 24 of the Family Credit Regulations
30
In regulation 24(1) of the Family Credit Regulations (calculation of income other than earnings) for the words from “regulation 25” to the end of the paragraph there shall be substituted the words “regulations 25 and 27 (capital treated as income and modifications in respect of children and young persons).”.
Amendment of regulation 27 of the Family Credit Regulations
31
1
Regulation 27 of the Family Credit Regulations (modifications in respect of children and young persons) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) the words “, except where otherwise provided,” shall be omitted.
3
In paragraph (2) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”.
4
In paragraph (3) for the words “except where otherwise provided” there shall be substituted the words “except as provided in paragraph (1)”.
Amendment of regulation 37 of the Family Credit Regulations
32
In regulation 37 of the Family Credit Regulations (interpretation) in the definition of “a course of advanced education” for the word “Technician” in each place where it occurs there shall be substituted the word “Technology”.
Amendment of regulation 46 of the Family Credit Regulations
33
In regulation 46(4) of the Family Credit Regulations (determination of appropriate maximum family credit) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 27(1) (modifications in respect of children and young persons)”.
Amendment of Schedule 2 to the Family Credit Regulations
34
In paragraph 14(a) of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) after the words “such a pension” there shall be inserted the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 6 or 7”.
Amendment of Schedule 3 to the Family Credit Regulations
35
1
Schedule 3 to the Family Credit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 21 there shall be substituted the following paragraph —
21
Any capital which by virtue of regulations 25 (capital treated as income), 27(1) (modifications in respect of children and young persons) or 42A (treatment of student loans) is to be treated as income.
.
3
In paragraph 32 for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment, or, if the payment is less than £200, the whole of any payment”.
Amendment of regulation 2 of the Disability Working Allowance Regulations
36
In regulation 2(1) of the Disability Working Allowance Regulations (interpretation) —
a
after the definition of “lower rate” there shall be inserted the following definition —
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
; and
b
after the definition of “payment” there shall be inserted the following definition —
“personal pension scheme” has the same meaning as in section 84(1) of the Act and, in the case of a self-employed earner, includes a scheme approved by the Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 6 of the Disability Working Allowance Regulations
37
In regulation 6 of the Disability Working Allowance Regulations (remunerative work) for paragraph (6) there shall be substituted the following paragraph —
6
For the purposes of paragraph (5) —
a
work which a person does only qualifies if —
i
it is the work which he normally does, and
ii
it is likely to last for a period of 5 weeks or more beginning with the week in which the claim is made; and
b
a person shall be treated as not on a recognised, customary or other holiday on any day on which the person is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 11 of the Disability Working Allowance Regulations
38
In regulation 11 of the Disability Working Allowance Regulations (circumstances in which a person is to be treated as being no longer a member of the same household) for paragraph (1) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, where the claimant and any partner of his are living apart from each other they shall be treated as members of the same household unless they do not intend to resume living together.
.
Amendment of regulation 18 of the Disability Working Allowance Regulations
39
1
Regulation 18 of the Disability Working Allowance Regulations (normal weekly income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “a claimant’s normal weekly income which does not consist of earnings” there shall be substituted the words “where a claimant’s normal weekly income does not consist of earnings, or includes income that does not consist of earnings, that income”.
3
In paragraph (2)(a), after the words “at regular intervals” there shall be inserted the words “and of regular amounts”.
4
In paragraph (2A) —
a
in sub-paragraph (a) after the words “at regular intervals” there shall be inserted the words “and of regular amounts”;
b
in sub-paragraph (b) after the words “not so made,” there shall be inserted the words “except in a case to which sub-paragraph (c) applies,”;
c
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
where the maintenance assessment has been notified to the claimant under regulation 10 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 during the 13 weeks immediately preceding the week of claim, by reference to the average of such payments, calculated on a weekly basis, received in the interim period,
.
5
In paragraph (4) at the end there shall be added the following sub-paragraph —
c
“the interim period” means the week in which the date of notification of the maintenance assessment falls and the subsequent period up to and including the week immediately preceding the week of claim.
.
Amendment of regulation 25 of the Disability Working Allowance Regulations
40
1
Regulation 25 of the Disability Working Allowance Regulations (calculation of net profit of self-employed earners) shall be amended in accordance with the following provisions of this regulation.
2
For the words “one-half of any qualifying premium payable” in each place where they occur there shall be substituted the words “one half of any premium paid in respect of a retirement annuity contract or a personal pension scheme”.
3
For paragraph (14) there shall be substituted the following paragraph —
14
In this regulation “retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium.
.
Amendment of regulation 27 of the Disability Working Allowance Regulations
41
In regulation 27(1) of the Disability Working Allowance Regulations (calculation of income other than earnings) for the words from “regulation 28” to the end of the paragraph there shall be substituted the words “regulations 28 and 30 (capital treated as income and modifications in respect of children and young persons).”.
Amendment of regulation 30 of the Disability Working Allowance Regulations
42
1
Regulation 30 of the Disability Working Allowance Regulations (modifications in respect of children and young persons) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) the words “, except where otherwise provided,” shall be omitted.
3
In paragraph (2) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”.
4
In paragraph (3) for the words “except where otherwise provided” there shall be substituted the words “except as provided in paragraph (1)”.
Amendment of regulation 41 of the Disability Working Allowance Regulations
43
In regulation 41 of the Disability Working Allowance Regulations (interpretation) in the definition of “a course of advanced education” for the word “Technician” in each place where it occurs there shall be substituted the word “Technology”.
Amendment of regulation 51 of the Disability Working Allowance Regulations
44
In regulation 51(4) of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 30(1) (modifications in respect of children and young persons)”.
Amendment of Schedule 3 to the Disability Working Allowance Regulations
45
In paragraph 14(a) of Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) after the words “such a pension” there shall be inserted the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 6 or 7”.
Amendment of Schedule 4 to the Disability Working Allowance Regulations
46
1
Schedule 4 to the Disability Working Allowance Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 21 after the words “(capital treated as income)” there shall be inserted the words “, 30(1) (modifications in respect of children and young persons)”.
3
In paragraph 32 for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment, or, if the payment is less than £200, the whole of any payment”.
Signed by authority of the Secretary of State for Social Security
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
25th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Wiltshire 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 East Wiltshire 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 East Wiltshire 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 Seymour Clinic, Kingshill Road, Swindon, Wiltshire SN1 4LG and associated hospitals;
b
to manage community health services provided from St. Margaret’s Hospital, P.O. Box 415, Stratton, Swindon, Wiltshire SN3 4GB 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 Swindon Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Swindon Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Swindon Health Authority.
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
John Bowis
Parliamentary Under-Secretary of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) Order 1993 and shall come into force on 1st April 1993, immediately after the National Health Service (Determination of Districts) ( No. 2) Order 1992 comes fully into force.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1993;
“the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1993 , being in each case an authority established by that Order;
“the old authorities” means the health authorities specified in Schedule 1 to that Order, being–
in the case of the Bloomsbury and Islington Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1990 ;
in the case of the North East Warwickshire Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1991 ; and
in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990;
“the relevant new authority” means–
as respects any old authority specified in column (1) in Part I of Schedule 1 to this Order, the new authority which is specified in column (2) of that Part in relation to that old authority; and
as respects each of the old authorities referred to in Part II of that Schedule, the new authority which is determined, in accordance with that Part, to be the relevant new authority in relation to that old authority.
3
The provisions of sub-paragraphs (a) and (b) of article 1(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981 shall apply with respect to the interpretation of references in Schedule 4 to this Order as they apply to references in Schedule 1 to that Order.
Variation of districts
2
1
The districts specified in Schedule 2 to this Order are hereby abolished.
2
There are determined 16 new districts, to be known by the names specified in column (1) of Schedule 3 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.
3
There are also determined 8 new districts, to be known by the names specified in column (1) of Schedule 4 to this Order, and each comprising the district described in relation to it in column (2) of that Schedule.
4
Norwich District is varied to include the parish of Thetford, in the district of Breckland, in the county of Norfolk.
5
For Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 there is substituted the new Part I set out in Schedule 5 to this Order.
6
In Part II of Schedule 1 to that Order the entries in columns (1), (2), (3) and (4) relating to Calderdale District are omitted.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.
2
Where–
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by any of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.
3
This article shall not apply to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990 , to be transferred on the material date to a National Health Service trust.
Preservation of training arrangements
4
Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
Winding up of affairs of old authorities
6
It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Accounts of old authorities
7
Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made by or given to or by the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and (except where it is itself the relevant new authority) to the Regional Health Authority in whose region the district of that new authority is situated.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th March 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (Amendment) Regulations 1993, shall apply throughout the United Kingdom and shall come into force on 1st January 1994.
Amendment of previous regulations
2
1
The Common Agricultural Policy (Wine) Regulations 1993 shall be amended in accordance with the following provisions of this regulation.
2
For item 32 of Schedule 1 there shall be substituted the following:
a
for the first column:
32
Commission Regulation ( EEC ) No.2238/93 on the accompanying documents for the carriage of wine products and the relevant records to be kept
; and
b
for the second column:
OJ No. L200, 10.8.93, p. 10
.
3
For column 2 of item 1 of Schedule 2 there shall be substituted the following:
Regulation 2238/93: all Articles except 3(3), 7(1), 7(2), 7(3), 7(5), 7(6), 9, 18, 20, 21 and 22
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th December 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
7th December 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No.2) Regulations 1993 and shall come into force on 4th October 1993.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation)–
a
before the definition of “child support maintenance” there shall be inserted:
“child benefit” means child benefit under the Contributions and Benefits Act ;
;
b
after the definition of “dwelling” there shall be inserted:
“Eileen Trust” has the same meaning as in the Income Support Regulations ;
.
Amendment of regulation 12 of the principal Regulations
3
In paragraph (1) of regulation 12 of the principal Regulations (weekly amount of net profit of self-employed earners)–
a
in sub-paragraph (a) for the words “52 weeks” there shall be substituted the words “one year”; and
b
in sub-paragraph (b) the words “of weeks” shall be omitted.
Amendment of regulation 22 of the principal Regulations
4
1
In paragraph (4) of regulation 22 of the principal Regulations (income treated as capital), for the words “paragraph 1, 2, 5, 10 or 16 of” there shall be substituted the words “paragraph 1, 2, 5, 10, 16 or 18 of”.
2
In paragraph (7) of regulation 22 of the principal Regulations (income treated as capital), after the words “the Fund,” there shall be inserted the words “the Eileen Trust,”.
Amendment of Schedule 2 to the principal Regulations
5
In sub-paragraph (2) of paragraph 3 of Schedule 2 to the principal Regulations (residents who qualify for the higher disregard in the calculation of earnings)–
a
in paragraph (a), after the word “receives” there shall be inserted the words “an invalid care allowance or receives”; and
b
in head (i) of paragraph (b), the words “an invalid care allowance” shall be omitted.
Amendment of Schedule 3 to the principal Regulations
6
1
In paragraph 11 of Schedule 3 to the principal Regulations (amount of a certain war and other similar pensions to be disregarded), after the words “of this Schedule” there shall be added the words “and as if the reference in paragraph 16(a) of Schedule 9 to the Income Support Regulations to paragraphs 8 or 9 of Schedule 9 to the Income Support Regulations were a reference to paragraphs 5 or 6 of this Schedule”.
2
In sub-paragraph (2) of paragraph 14 of Schedule 3 to the principal Regulations (income derived from disregarded capital), for the words “paragraph 2 or 16” there shall be substituted the words “paragraph 2, 16 or 18”.
3
In paragraph 27 of Schedule 3 to the principal Regulations (housing costs of a temporary resident to be disregarded), the words “, which are” shall be omitted.
4
In Part I of Schedule 3 to the principal Regulations, after paragraph 28 there shall be inserted the following paragraph–
28A
Any child benefit, except in circumstances where a resident is accompanied by the child in respect of whom the child benefit is payable and accommodation is provided for that child under Part III of the Act .
.
Revocation
7
Paragraph (3) of regulation 8 of the National Assistance (Assessment of Resources) (Amendment) Regulations is hereby revoked.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
9th September 1993