text:
Citation and Commencement
1
These Regulations may be cited as the Diving Operations at Work (Amendment) Regulations 1992 and shall come into force on 17th June 1992.
Amendment of Diving Operations at Work Regulations 1981
2
1
The Diving Operations at Work Regulations 1981 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3(1), after “paragraph (2)”, insert “and regulation 5C(1)”.
3
After regulation 5, insert the following regulations–
Registration of diving contractors
5A
1
No person shall act as a diving contractor unless he is registered in accordance with this regulation.
2
A person shall be registered in accordance with this regulation if–
a
he has given written notice to the Executive including the information listed in Schedule 1A; and
b
the Executive has issued an acknowledgement under paragraph (4); and
c
the registration has not expired in accordance with paragraph (5) or (7).
3
The Executive may approve a form of notice for the purposes of paragraph (2), and where it does so any such notice shall be in the form for the time being so approved.
4
The Executive shall serve written acknowledgement on each diving contractor who has given written notice under paragraph (2)(a) and suchacknowledgement shall include the date it is issued and the date on which registration will expire.
5
Subject to paragraph (7), registration shall expire 12 months afterthe later of–
a
the date the acknowledgement under paragraph (4) is issued; or
b
where notice under paragraph (2)(a) has been received by the Executive no more than one month before the expiry of an existing registration under this regulation of the same diving contractor, the date of expiry of the existing registration.
6
Any person who is registered in accordance with this regulation shall give further written notice to the Executive of any change in the information required by paragraph (2)(a) forthwith after such change or at such later time as the Executive may approve in any case or class of case.
7
For the purposes of this regulation the Executive may on or before 17th June 1993 approve registration in any case or class of cases for a period longer than 12 months and the registration so approved shall expire at the end of that period.
Only registered diving contractors to be used
5B
No person shall enter into a contract whereby any other person acts as a diving contractor unless he is satsified that such other person is registered in accordance with regulation 5A.
Notification of projects involving diving operations
5C
1
This regulation shall apply to and in relation to diving operations mentioned in regulation 3(1)(b) being diving operations outside Great Britain in circumstances in which sections 1 to 59 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 4, other than article 4(2)(a), and article 5 of the 1989 Order .
2
Every person who enters into a contract whereby any other person acts as a diving contractor shall notify the enforcing authority of each project in which that other person acts as such.
3
Notification under this regulation shall include the information listed in Schedule 1B.
4
Subject to paragraph (6), notification of any project under this regulation shall be given not less than 21 days before diving operationswhich comprise or form part of that project commence.
5
Subject to paragraph (6), notification under this regulation shall be in writing.
6
Where it is not reasonable to expect notification under this regulation as required by paragraphs (4) and (5), then–
a
notification shall be given forthwith after any information required by paragraph (3) becomes available to the person required by paragraph (2) to notify the enforcing authority;
b
notification shall include such of the information required by paragraph (3) as is available to the person required by paragraph (2) to notify the enforcing authority and has not been included in a previous notification in respect of the same project; and
c
notification shall be given by the fastest means available but, where that means is not in writing, shall also be confirmed in writing without delay.
7
The Executive may approve a form of notification under this regulation and where it does so any such notification shall, subject to paragraph (6), be in the form for the time being so approved.
.
4
After Schedule 1, insert the following Schedules–
SCHEDULE 1A
PARTICULARS OF DIVING CONTRACTORS
Regulation 5A
1
The diving contractor’s name and the address where notices may be served on him.
2
A telephone number where the diving contractor may be contacted.
3
Any location where the diving contractor knows or expects he will undertake diving operations in the next year.
4
Whether the diving contractor will undertake diving operations–
a
at any premises or in relation to any activities mentioned in article 4,other than article 4(2)(a), or article 5 of the 1989 Order; or
b
at premises and in circumstances other than those mentioned in sub-paragraph (a); or
c
both.
5
The nature of the work likely to be done during intended diving operations.
6
The level of competence likely to be required of divers (expressed by reference to therelevant Parts of Schedule 4).
SCHEDULE 1B
PARTICULARS OF DIVING PROJECTS
Regulation 5C
1
The diving contractor’s name and the address where notices may be served on him.
2
A telephone number where the diving contractor may be contacted.
3
The date or dates the diving operation or operations will start.
4
The number of days on which it is expected diving operations will take place.
5
The location or locations where diving will take place, including, in particular any offshore installation or pipeline in respect of or in connection with which diving will take place.
6
The total number of persons who will or are expected to comprise the diving team.
7
Whether the breathing mixture will be air or the diving will use saturation techniques.
8
The name or other sufficient identification of each diving support vessel, barge, installation or other place from which divers are intended to be deployed, and the method of maintaining its position at the location where diving will take place.
9
A description of the nature and purpose of the diving operation or operations sufficient to show what risks are involved.
10
The name of an individual who is able to make arrangements to facilitate any inspection and a telephone number where that individual may be contacted.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
9th March 1992


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (Amendment) Regulations 1992 and shall come into force on 3rd April 1992.
Amendment of the Common Agricultural Policy (Wine) Regulations 1992
2
For Schedule 3 of the Common Agricultural Policy (Wine) Regulations 1992 there shall be substituted the following Schedule:
SCHEDULE 3
LIST OF VINE VARIETIES FOR PRODUCING TABLE WINE
Regulation 5(1)(a)
Huxelrebe Muller-Thurgau
Reichensteiner
Schonburger
Seyval blanc
Auxerrois
Bacchus
Cascade
Chardonnay
Dunkelfelder
Ehrenfelser
Faber
Gutenborner
Kerner
Leon Millot
Madeleine angevine
Madeleine sylvaner
Optima
Ortega
Pinot Noir
Regner
Rulander
Siegerrebe
Scheurebe
Triomphe
Wrotham pinot
Würzer
Zweigeltrebe.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
30th March 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
2nd April 1992


text:
1
This Order may be cited as the Insolvency Fees (Amendment) Order 1992 and shall come into force on 14th January 1992.
2
The Schedule to the Insolvency Fees Order 1986 shall be amended —
a
by substituting for the words “(vi) on all further amounts . . .per cent 1.50” shown in relation to Fee No. 10 in Part I, the words —
vi
on the next £15,000,000 or fraction thereof . . .per cent 1.50
vii
on the next £30,000,000 or fraction thereof. . .per cent 0.25
viii
on all further amounts . . . . . . . . . . per cent 0.10
;
b
by substituting for the words “(f) on all further amounts . . .per cent 1.50” shown in relation to Fee No.13 in Part II, the words —
f
on the next £15,000,000 or fraction thereof . . .per cent 1.50
g
on the next £30,000,000 or fraction thereof . . .per cent 0.25
h
on all further amounts . . . . . . . . . . per cent 0.10
.
Mackay of Clashfern, C.
13th January 1992
We concur,
Norman Lamont
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 1992


text:
1
This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 2) Order 1992.
2
The provisions of section 9(4) of the Further and Higher Education Act 1992 (“ the Act ”) shall come into force on 1st April 1993.
3
Paragraph 10 of Schedule 8 to the Act shall come into force on 1st September 1992 so far as it relates to institutions within the PCFC funding sector in Wales and otherwise in Wales on 1st April 1993.
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State Welsh Office
1st September 1992


text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Supply of Machinery (Safety) Regulations 1992 and shall come into force on 1st January 1993.
2
The Regulations specified in the first column of Schedule 1 hereto are hereby revoked with effect from the date specified in the second column of that Schedule provided that each of the Regulations so specified shall continue to apply in respect of the machinery to which they respectively apply and which was supplied for the first time in the Community in accordance with the applicable Regulations on or before 31st December 1995.
Interpretation
2
1
In these Regulations, the “Machinery Directive” means Council Directive 89/392/ EEC on the approximation of the laws of the Member States relating to machinery as amended by Council Directive 91/368/EEC .
2
In these Regulations, unless the context otherwise requires —
“approved body” shall be construed in accordance with regulation 17 below;
“business” includes a profession and an undertaking, and a supply in the course of a business includes any supply by a business;
“certificate of adequacy” shall be construed in accordance with regulation 20(1) below;
“the Commission” means the Commission of the European Communities;
“the Community” means the European Economic Community;
“declaration of incorporation” shall be construed in accordance with regulation 23(2) below;
“ EC declaration of conformity” shall be construed in accordance with regulation 22 below;
“EC mark” means a mark consisting of the symbol “CE” set out in the form shown in Schedule 2 hereto, followed by the last two figures of the year in which it is affixed;
“EC type-examination” shall be construed in accordance with regulation 21(1) below;
“EC type-examination certificate” means a certificate issued by an approved body certifying that an example of relevant machinery satisfies those provisions of the Machinery Directive which apply to it;
“enforcement authority” means —
in Great Britain, the Health and Safety Executive established under section 10 of the Health and Safety at Work etc. Act 1974 ;
in Northern Ireland, subject to paragraph 2(1) of Schedule 6 hereto, the Department of Economic Development and the Department of Agriculture; and
save in paragraph 3(b) of Schedule 6 hereto, each of the authorities referred to in the said paragraph 3(b);
“essential health and safety requirements” means the requirements in Annex I of the Machinery Directive which is set out in Schedule 3 hereto;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a mandate from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations , and of which the reference number is published in the Official Journal of the European Communities;
“interchangeable equipment” shall be construed in accordance with regulation 4(c) below;
“machinery” has the meaning given by regulation 4 below;
“relevant essential health and safety requirements” in relation to relevant machinery means those provisions of the essential health and safety requirements which are applicable to that particular relevant machinery for the purposes of establishing that it satisfies the essential health and safety requirements of the Machinery Directive:
Provided that, subject to regulation 10(1)(a) below, in so far as such provisions relate to risks which are covered by other Community Directives and to the extent that any enactment implementing any such Directive applies to that machinery those provisions shall not be relevant essential health and safety requirements for the purposes of these Regulations;
“relevant machinery” shall be construed in accordance with regulation 3(2) below;
“responsible person” means, in relation to relevant machinery,
the manufacturer of that machinery;
the manufacturer’s authorised representative established in the Community; or
where the manufacturer is not established in the Community and either —
he has not appointed an authorised representative established in the Community; or
his authorised representative established in the Community is not the supplier of that machinery,
the person who first supplies the relevant machinery in the Community;
and, in this definition and in regulation 11(2)(a) below, “the manufacturer” includes any person who assembles machinery or parts thereof to form relevant machinery;
“safe” in relation to relevant machinery means that, when the machinery is properly installed and maintained and used for the purposes for which it is intended, there is no risk (apart from one reduced to a minimum) of its being the cause or occasion of death or injury to persons or, where appropriate, to domestic animals or damage to property, and cognate expressions shall be construed accordingly:
For the purposes of this definition, when considering whether or not a risk has been reduced to a minimum, regard shall be had to the practicability of so reducing that risk at the time of the construction of the relevant machinery;
“Schedule 4 machinery” means machinery posing special hazards which is specified in Annex IV of the Machinery Directive and listed in Schedule 4 hereto;
“series manufacture” means the manufacture of more than one item of relevant machinery of the same type in accordance with a common design;
“standard” means a technical specification approved by a recognised standardising body for repeated or continuous application, with which compliance is not compulsory;
“supply” is to be read in accordance with section 46 of the Consumer Protection Act 1987 and includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly:
Provided that “supply” does not include exhibition at trade fairs and exhibitions of relevant machinery in respect of which the provisions of these Regulations are not satisfied if a notice is displayed in relation to the machinery in question to the effect —
that it does not satisfy those provisions; and
that it may not lawfully be supplied until the responsible person has ensured that those provisions are satisfied;
“technical file” shall be construed, in respect of relevant machinery other than Schedule 4 machinery, in accordance with regulation 13(1) below and, in respect of relevant machinery which is Schedule 4 machinery, in accordance with regulation 14(2) below;
“technical specification” means a specification contained in a document which lays down the characteristics required of relevant machinery such as levels of quality, performance, safety or dimensions, including the requirements applicable to the relevant machinery as regards terminology, symbols, testing and test methods, packaging, marking or labelling; and
“transposed harmonised standard” means a national standard of a member State —
which transposes a harmonised standard; and
the reference number of which has been published by that member State in adoption thereof pursuant to Article 5.2 of the Machinery Directive.
PART II
APPLICATION
Relevant machinery
3
1
These Regulations apply to relevant machinery.
2
Relevant machinery is all machinery within the meaning of regulation 4 below other than machinery which is excluded from the scope of these Regulations pursuant to regulations 5 to 10 below.
Definition of “machinery”
4
For the purposes of these Regulations, machinery is —
a
an assembly of linked parts or components, at least one of which moves including, without prejudice to the generality of the foregoing, the appropriate actuators, control and power circuits, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material;
b
an assembly of machines, that is to say, an assembly of items of machinery as referred to in paragraph (a) above which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole notwithstanding that the items of machinery may themselves be relevant machinery and accordingly severally required to comply with these Regulations; or
c
interchangeable equipment modifying the function of a machine which is supplied for the purpose of being assembled with an item of machinery as referred to in paragraph (a) above or with a series of different items of machinery or with a tractor by the operator himself save for any such equipment which is a spare part or tool.
General exclusions
Excluded machinery
5
These Regulations do not apply to machinery specified in Schedule 5 hereto.
Machinery for export to a third country
6
1
These Regulations do not apply to machinery which the supplier believes (with reasonable cause) will not be put into service either in the United Kingdom or in another member State.
2
Paragraph (1) above shall not apply if the EC mark, or any inscription liable to be confused therewith, is affixed to the machinery.
Transitional exclusions
Machinery first supplied or put into service before 1st January 1993
7
These Regulations do not apply to machinery first supplied or put into service in the Community before 1st January 1993.
Exclusion until 31st December 1994 of machinery which complies with health and safety provisions in force in a member State on 31st December 1992
8
1
Subject to paragraph (2) below, these Regulations do not apply to machinery first supplied or put into service in the Community on or before 31st December 1994 which —
a
complies with any health and safety provisions with which it would have been required to comply for it to be lawfully supplied in the United Kingdom on 31st December 1992; or
b
in the case of machinery supplied in the United Kingdom which the supplier believes (with reasonable cause) will be put into service in another member State, complies with the health and safety provisions in relation to the supply and putting into service of that machinery in force in that member State on 31st December 1992.
2
The exceptions provided in paragraph (1) above do not apply in the case of machinery which —
a
in the case of machinery which is not required to bear the EC mark pursuant to any other Community obligation, bears the EC mark or an inscription liable to be confused therewith; or
b
bears or is accompanied by any other indication, howsoever expressed, that it complies with the Machinery Directive.
3
In this regulation, “health and safety provisions” means any requirement imposed by an enactment which has the same, or substantially the same, effect as any of the essential health and safety requirements which would, but for the provisions of this regulation, be applicable to that machinery for the purposes of complying with these Regulations.
Exclusion of machinery covered by other Directives
Exclusion of specific machinery
9
1
These Regulations do not apply to —
a
roll-over protective structures as referred to in Article 1 of Council Directive 86/295/EEC on the approximation of the laws of the member States relating to roll-over protective structures ( ROPS ) for certain construction plant ;
b
falling-object protective structures as referred to in Article 1 of Council Directive 86/296/EEC on the approximation of the laws of the member States relating to falling-object protective structures ( FOPS ) for certain construction plant ; or
c
industrial trucks as referred to in Article 1 of Council Directive 86/663/EEC on the approximation of the laws of the member States relating to self-propelled industrial trucks ,
which are supplied or put into service for the first time in the Community before 1st July 1995.
2
On and after 1st July 1995, in respect of machinery mentioned in paragraph (1) above which is supplied or put into service for the first time in the Community on or before 31st December 1995, a supplier may comply with —
a
the requirements of these Regulations; or
b
the requirements of —
i
in the case of roll-over protective structures, the Roll-over Protective Structures for Construction Plant (EEC Requirements) Regulations 1988 ;
ii
in the case of falling-object protective structures, the Falling-object Protective Structures for Construction Plant (EEC Requirements) Regulations 1988 ; or
iii
in the case of industrial trucks, in Great Britain, the Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988 as amended by the Self-Propelled Industrial Trucks (EEC Requirements) (Amendment) Regulations 1989 , and in Northern Ireland, the Self-Propelled Industrial Trucks (EEC Requirements) Regulations (Northern Ireland) 1990 .
Machinery where risks are wholly covered by other Directives
10
1
These Regulations do not apply to —
a
machinery where all the essential health and safety requirements which would have applied to it, but for the provisions of this sub-paragraph, relate to risks wholly covered by Community Directives other than the Machinery Directive to the extent that any enactment implementing any such Directive is applicable to that machinery; or
b
machinery which is electrical equipment in so far as the risks as to the safety of such equipment are mainly of electrical origin.
2
In paragraph (1)(b) above, “electrical equipment” has the meaning given by Article 1 of Council Directive 73/23/EEC on the harmonization of the laws of member States relating to electrical equipment designed for use within certain voltage limits .
PART III
GENERAL REQUIREMENTS
General duty
11
1
Subject to paragraph (3) below, no person shall supply relevant machinery unless the requirements of regulation 12 below are complied with in relation thereto.
2
Where a person —
a
being the manufacturer of relevant machinery, himself puts that relevant machinery into service in the course of a business; or
b
having imported relevant machinery from a country or territory outside the Community, himself puts that relevant machinery into service in the course of a business,
for the purposes of these Regulations that person shall be deemed to have supplied that relevant machinery to himself.
3
The requirements of paragraph (1) above do not apply in relation to supply by any person of relevant machinery which has previously been put into service in the Community.
Requirements for supply of relevant machinery
12
1
The requirements of this regulation are that —
a
the relevant machinery satisfies the relevant essential health and safety requirements;
b
the appropriate conformity assessment procedure in respect of the relevant machinery has been carried out by the responsible person in accordance with one of the procedures described in regulations 13, 14 and 15 below;
c
the responsible person, at his election, has issued either —
i
an EC declaration of conformity in accordance with regulation 22 below; or
ii
in the case of relevant machinery to which regulation 23 below applies, a declaration of incorporation in accordance with that regulation,
in respect of the relevant machinery;
d
except in the case of relevant machinery to which regulation 23 below applies, the EC mark has been properly affixed by the responsible person to the relevant machinery in accordance with regulation 25 below; and
e
the relevant machinery is in fact safe.
2
It is the responsibility of the manufacturer of relevant machinery to carry out the necessary research or tests on components, fittings or the completed machine to determine whether by its design or construction the machine is capable of being erected and put into service safely.
Conformity assessment procedures
Relevant machinery other than Schedule 4 machinery
13
1
In the case of relevant machinery which is not Schedule 4 machinery the responsible person must draw up a technical file which comprises —
a
an overall drawing of the machinery together with drawings of the control circuits;
b
full detailed drawings, accompanied by any calculation notes, test results and such other data as may be required to check the conformity of the machinery with the essential health and safety requirements;
c
a list of:
i
the essential health and safety requirements;
ii
transposed harmonised standards;
iii
standards; and
iv
other technical specifications,
which were used when the machinery was designed;
d
a description of methods adopted to eliminate hazards presented by the machinery;
e
if he so desires, any technical report or certificate obtained from a competent body or laboratory ;
f
if he declares conformity with a transposed harmonised standard which provides therefor, any technical report giving the results of tests carried out at his choice either by himself or by a competent body or laboratory; and
g
a copy of the instructions for the machinery drawn up in accordance with paragraph 1.7.4 of Schedule 3 hereto.
2
For series manufacture, the responsible person must also have available documentation in respect of the internal measures that will be implemented to ensure that all the items of machinery so produced are in conformity with the provisions of the Machinery Directive.
3
Where the file referred to in paragraph (1) above is drawn up in the United Kingdom it shall be in English always provided that the instructions for the machinery referred to in sub-paragraph (g) thereof shall be in such languages as are specified in paragraph 1.7.4(b) of Schedule 3 hereto.
Schedule 4 machinery manufactured in accordance with transposed harmonised standards
14
1
In the case of relevant machinery which is Schedule 4 machinery manufactured in accordance with transposed harmonised standards the responsible person must, at his election —
a
draw up and forward to an approved body for retention by that body a technical file;
b
submit the technical file referred to in paragraph (a) above to an approved body requesting —
i
verification by that body that the transposed harmonised standards have been correctly applied; and
ii
that the body draw up a certificate of adequacy for the file submitted in accordance with regulation 20 below; or
c
submit the technical file referred to in paragraph (a) above to an approved body together with an example of the relevant machinery for EC type-examination or, where appropriate, a statement as to where such an example might be examined, in accordance with regulation 21 below.
2
The technical file referred to in this regulation and regulation 15 below must include —
a
an overall drawing of the machinery together with drawings of the control circuits;
b
full detailed drawings, accompanied by any calculation notes, test results and such other data as may be required to check the conformity of the machinery with the essential health and safety requirements;
c
a description of methods adopted to eliminate hazards presented by the machinery, a list of transposed harmonised standards used and, in the case of relevant machinery to which regulation 15 below applies, a list of standards used;
d
a copy of the instructions for the machinery drawn up in accordance with paragraph 1.7.4 of Schedule 3 hereto; and
e
for series manufacture, the internal measures that will be implemented to ensure that all the items of machinery so produced are in conformity with the provisions of the Machinery Directive.
3
The technical file referred to in this regulation and regulations 15 and 21(2) below must be drawn up in an official language of the member State in which the approved body is established (in the United Kingdom, English) or in such other language as is acceptable to the approved body, always provided that the instructions for the machinery referred to in paragraph 2(d) above shall be in such languages as are specified in paragraph 1.7.4(b) of Schedule 3 hereto.
Schedule 4 machinery not manufactured in accordance with transposed harmonised standards
15
In the case of relevant machinery which is Schedule 4 machinery and —
a
which is not manufactured in accordance with transposed harmonised standards;
b
which is only partly manufactured in accordance with transposed harmonised standards; or
c
in respect of which there are no transposed harmonised standards,
the responsible person must submit a technical file, as described in regulation 14(2) above, to an approved body together with an example of the machinery for EC typeexamination or, where appropriate, a statement as to where such an example might be examined, in accordance with regulation 21 below.
Modifications to relevant machinery
16
Where the responsible person complies with one of the conformity assessment procedures referred to in regulation 14 or 15 above he must inform the approved body of any modifications, even of a minor nature, which he or, where the responsible person is not the manufacturer, the manufacturer has made or plans to make to the relevant machinery to which the technical file relates.
Approved bodies
17
For the purposes of these Regulations, an approved body is a body responsible for carrying out functions relating to the conformity assessment procedures set out in Article 8 of the Machinery Directive and described in regulations 14 and 15 above which has been —
a
appointed as a United Kingdom approved body pursuant to regulation 18 below; or
b
appointed by a member State other than the United Kingdom,
and in the case of either (a) or (b) above has been notified by the member State concerned to the Commission and the other member States pursuant to Article 9(1) of the Machinery Directive.
United Kingdom approved bodies
18
1
The Secretary of State may from time to time appoint such qualified persons as he thinks fit to be United Kingdom approved bodies for the purposes of these Regulations.
2
An appointment —
a
may relate to all descriptions of Schedule 4 machinery or such descriptions (which may be framed by reference to any circumstances whatsoever) of Schedule 4 machinery as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) above, require that body, subject to paragraph (4) below —
i
to acknowledge receipt of technical files submitted to it for retention pursuant to regulation 14(1)(a) above;
ii
to carry out the required procedures in respect of the provision of certificates of adequacy at the request of responsible persons in accordance with regulation 20 below; and
iii
to carry out EC type-examinations of examples of Schedule 4 machinery submitted to it or, where appropriate, made available for examination, in accordance with regulation 21 below;
d
shall be terminated —
i
if it appears to the Secretary of State that the approved body is no longer a qualified person; or
ii
upon 90 days' notice in writing to the Secretary of State, at the request of the approved body; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraph (2)(d) and (e) above, an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A United Kingdom approved body shall not be required to carry out the functions referred to in paragraph (2)(c) above where —
a
the documents submitted to it (other than the instructions for the machinery) in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the responsible person has not submitted with its application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 19 below; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to carry out the required work within 3 months of receiving the application.
5
If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may authorise another United Kingdom approved body to take over its functions in respect of such cases as he may specify.
6
In this regulation —
“qualified person” means a person (which may include the Secretary of State) who meets the minimum criteria; and
“minimum criteria” means the criteria set out in Annex VII of the Machinery Directive (minimum criteria to be taken into account by member States for the notification of bodies) .
Fees
19
1
Without prejudice to the power of the Secretary of State, where he is a United Kingdom approved body, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2) below, a United Kingdom approved body other than the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 18(2)(c) above as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the approved body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the responsible person; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) above includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the responsible person.
Certificate of adequacy
20
1
A certificate of adequacy is a document drawn up by an approved body to which a technical file as described in regulation 14(2) above has been submitted in which that body certifies that —
a
the transposed harmonised standards have been correctly applied in respect of the design and construction of the relevant machinery to which the file relates; and
b
the file contains all the necessary information.
2
A United Kingdom approved body to which such a file has been submitted by a responsible person as described in regulation 14(1)(b) above shall, if satisfied in respect of the matters referred to in paragraph (1)(a) and (b) above, draw up a certificate of adequacy in respect of the file, and send a copy thereof to the responsible person.
3
If the United Kingdom approved body is not so satisfied, it shall —
a
give the responsible person the opportunity, within a reasonable period, of making representations as to why it should not refuse to draw up a certificate of adequacy for the file; and
b
if, after considering any representations made pursuant to sub-paragraph (a) above, it remains unsatisfied in respect of the matters referred to in paragraph (1)(a) and (b) above, it shall —
i
refuse to draw up a certificate of adequacy for the file;
ii
notify its decision in writing to the responsible person who submitted the file stating the grounds on which such refusal is based; and
iii
at the same time inform all other approved bodies of such decision.
4
Where the United Kingdom approved body which has drawn up a certificate of adequacy for a technical file is notified, pursuant to regulation 16 above, by the responsible person who submitted the file of a modification which he or, where the responsible person is not the manufacturer, the manufacturer has made, or plans to make, to the relevant machinery to which the file relates, the United Kingdom approved body shall examine such modification and —
a
if it is satisfied that the requirements of paragraph (1)(a) and (b) above are or, as the case may be, would be met in respect of the relevant machinery so modified, it shall notify the responsible person in writing that the certificate of adequacy remains valid; or
b
if it is not so satisfied it shall notify the responsible person in writing that the certificate of adequacy for the file does not or would not, as the case may be, remain valid in respect of the relevant machinery as modified stating the grounds on which such decision was based.
EC type-examination
21
1
EC type-examination is the procedure whereby an approved body ascertains and certifies that an example of relevant machinery satisfies those provisions of the Machinery Directive which apply to it.
2
An application for EC type-examination by a responsible person (in this regulation referred to as the applicant) to a United Kingdom approved body shall —
a
specify —
i
the name and address of the applicant; and
ii
the place of manufacture of the machinery to which the application relates; and
b
be accompanied by —
i
a technical file for the machinery as described in regulation 14(2) above; and
ii
an example of the machinery or, where appropriate, a statement as to where such an example might be examined.
3
The United Kingdom approved body to which such application is made shall satisfy itself that the technical file contains all the necessary information.
4
The United Kingdom approved body shall also —
a
examine and perform such tests as it considers appropriate on the example; and
b
if satisfied that —
i
the example has been manufactured in conformity with the technical file and may safely be used under its intended working conditions;
ii
the standards or transposed harmonised standards, as the case may be, if used, have been properly applied; and
iii
the example complies with the relevant essential health and safety requirements,
draw up and forward to the applicant an EC type-examination certificate which shall state the conclusions of the EC type-examination, indicate any conditions to which the issue of the certificate is subject and shall be accompanied by the descriptions and drawings necessary to identify the example to which the certificate relates.
5
The United Kingdom approved body shall, if so requested, taking the necessary measures to guarantee confidentiality, supply to the Secretary of State a copy of the EC type-examination certificate, a copy of the technical file and copies of the reports on the examinations and tests that it has carried out in relation to that application.
6
If the United Kingdom approved body is not satisfied that the requirements of paragraphs (3) and (4)(b) above are met and is minded to refuse to issue an EC typeexamination certificate, it shall —
a
inform the applicant in writing of the reasons why it proposes to refuse to issue an EC type-examination certificate;
b
give the applicant the opportunity, within a reasonable period, of making representations as to why it should not be refused; and
c
if, after considering any representations made pursuant to sub-paragraph (b) above, it remains unsatisfied in respect of the requirements of paragraphs (3) and (4)(b) above, it shall —
i
notify its decision in writing to the applicant stating the grounds on which the refusal is based; and
ii
at the same time inform all other approved bodies of such decision.
7
Where the United Kingdom approved body which has issued an EC type-examination certificate in respect of an example of relevant machinery to an applicant is notified, pursuant to regulation 16 above, by that person of a modification which he or, where that person is not the manufacturer, the manufacturer has made, or plans to make, to the relevant machinery to which that example relates, the United Kingdom approved body shall examine such modification and —
a
if it is satisfied that the relevant machinery as modified does, or would, as the case may be, conform sufficiently with the example as to the matters referred to in paragraph (4)(b) above, it shall notify the applicant in writing that the EC type-examination certificate is or would be, as the case may be, valid in respect of the relevant machinery as modified for the purposes of issuing EC declarations of conformity in accordance with regulation 22(5) below; or
b
if it is not so satisfied it shall notify the applicant in writing that the EC typeexamination certificate is not, or would not be, as the case may be, a valid certificate in respect of the relevant machinery as modified for the abovementioned purposes stating the grounds on which such decision was based.
Declaration and marking procedures
EC declaration of conformity
22
1
Drawing up an EC declaration of conformity is the procedure whereby the responsible person declares in respect of each item of relevant machinery which he supplies in the Community that that particular item of relevant machinery complies with all the essential health and safety requirements applying to it.
2
An EC declaration of conformity must —
a
state the business name and full address of —
i
the responsible person; and
ii
where that person is not the manufacturer, of the manufacturer;
b
contain a description of the machinery to which the declaration relates which, without prejudice to the generality of the foregoing, includes, in particular —
i
its make;
ii
type; and
iii
serial number;
c
indicate all relevant provisions with which the machinery complies;
d
state in the case of relevant machinery in relation to which an EC typeexamination certificate has been issued the name and address of the approved body which issued the certificate and the number of such certificate;
e
state in the case of relevant machinery in respect of which a technical file as described in regulation 14(2) above has been drawn up the name and address of the approved body to which the file has been sent or which has drawn up a certificate of adequacy for the file, as the case may be;
f
specify (as appropriate) the transposed harmonised standards used;
g
specify (as appropriate) the national standards and any technical specifications used; and
h
identify the person authorised to sign the declaration on behalf of the responsible person.
3
An EEC declaration of conformity must be —
a
drawn up in the same language as the instructions for the machinery are drawn up as specified in paragraph 1.7.4(b) of Schedule 3 hereto; and
b
typed or written by hand in block capitals.
4
In the case of relevant machinery in respect of which the responsible person has carried out one of the conformity assessment procedures described in regulations 13, 14(1)(a) or 14(1)(b) above, the responsible person must state in the EC declaration of conformity that the item of machinery to which the declaration relates complies with the relevant essential health and safety requirements.
5
In the case of relevant machinery in respect of which the responsible person has carried out the conformity assessment procedure described in regulation 14(1)(c) or 15 above and an EC type-examination certificate has been issued in respect of an example of that machinery, and such certificate remains valid, the responsible person must state that the item of machinery in respect of which the declaration is made conforms with the example to which that certificate relates.
6
For the purposes of these Regulations, the requirement in paragraph (2)(c) above shall be satisfied where the EC declaration of conformity specifies the Machinery Directive and any other Community Directives with which the relevant machinery complies.
Declaration of incorporation
23
1
This regulation applies in the case of relevant machinery which —
a
is intended for —
i
incorporation into other machinery; or
ii
assembly with other machinery,
to constitute relevant machinery;
b
cannot function independently; and
c
is not interchangeable equipment.
2
A declaration of incorporation is a document whereby a responsible person declares the matters referred to in paragraph (1)(a) above and which includes the particulars set out in paragraph (3) below.
3
A declaration of incorporation must —
a
state the name and address of the responsible person;
b
contain a description of the machinery or machinery parts;
c
state in the case of relevant machinery in respect of which an EC typeexamination certificate has been issued the name and address of the approved body which issued the certificate and the number of such certificate;
d
state in the case of relevant machinery in respect of which a technical file as described in regulation 14(2) above has been drawn up the name and address of the approved body to which the file has been sent or which has drawn up a certificate of adequacy for the file, as the case may be;
e
specify the transposed harmonised standards (if any) used;
f
state that the machinery (to which the declaration of incorporation relates) must not be put into service until the relevant machinery into which it is to be incorporated has been declared in conformity with the provisions of the Machinery Directive; and
g
identify the person signing the declaration of incorporation.
Retention of documentation
24
1
A responsible person who issues EC declarations of conformity or declarations of incorporation, as the case may be, in the United Kingdom shall retain on his premises the technical file or a copy of the technical file submitted to an approved body, as the case may be, which relates to the relevant machinery in respect of which such declarations are made so that such file is available to the enforcement authorities for a period of 10 years beginning with the date on which the last unit of relevant machinery to which the file relates is produced.
2
Nothing in paragraph (1) above shall require the responsible person to keep the documents comprising a technical file available as a permanent file provided that all the required documents are individually available and can be assembled into a technical file.
3
For the avoidance of doubt, it is hereby declared that for the purposes of enforcing these Regulations a technical file is a document or record and shall be construed accordingly in any of the statutory provisions applied to these Regulations pursuant to Schedule 6 hereto.
The EC mark
25
1
For the purposes of these Regulations, the EC mark shall be regarded as properly affixed to relevant machinery if —
a
the responsible person who affixes the EC mark to the relevant machinery has issued an EC declaration of conformity in respect thereof;
b
the EC mark is affixed to the relevant machinery in a distinct, visible, legible and indelible manner; and
c
in the case of relevant machinery which is the subject of Community Directives other than the Machinery Directive, the requirements of those other Directives have also been complied with in respect of the relevant machinery.
2
No person shall affix the EC mark to any relevant machinery unless that machinery —
a
satisfies the relevant essential health and safety requirements; and
b
is safe.
3
No mark or inscription which is capable of being confused with the EC mark shall be affixed to relevant machinery.
4
A person who supplies relevant machinery which does not bear the EC mark shall, at the request of an enforcement authority, or of an officer of such an authority, give any information which he has, or which is available to him, concerning the date when the relevant machinery was first supplied in the Community and explain (so far as he is able) why the machinery does not bear that mark.
Supplementary provisions
Conditions for relevant machinery being taken to comply with the relevant essential health and safety requirements
26
1
Subject to paragraph (2) below, relevant machinery which is accompanied by an EC declaration of conformity and to which the EC mark is affixed shall be taken to comply with the relevant essential health and safety requirements, unless there are reasonable grounds for suspecting that it does not so comply.
2
Paragraph (1) above does not apply —
a
in relation to an enforcement authority where the responsible person fails or refuses to make available to the enforcement authority the technical file or a copy thereof pursuant to regulation 24(1) above; or
b
in the case of relevant machinery —
i
which is resupplied in the circumstances described in regulation 11(3) above; and
ii
to which the EC mark is indelibly affixed.
Judicial review of decisions of approved bodies
27
1
A person aggrieved by a decision of an approved body under regulation 20(3)(b), 20(4)(b), 21(6)(c) or 21(7)(b) shall, at the same time as he is notified of the decision, be given information about the judicial remedies available to him.
2
That information shall include —
a
a brief statement of the procedure by which judicial review may be applied for in accordance with Rules of Court (or, in Northern Ireland, with rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978 ); and
b
the information that in England and Wales or in Northern Ireland, an application for leave to apply to the Court for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose unless the court considers that there is good reason for extending the period within which the application shall be made.
PART IV
ENFORCEMENT
Application of Schedule 6
28
Schedule 6 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
Offences
29
Any person who —
a
contravenes or fails to comply with regulation 11 above;
b
affixes the EC mark to any relevant machinery in contravention of regulation 25(2) above;
c
affixes a mark or inscription to relevant machinery in contravention of regulation 25(3) above;
d
contravenes the requirements of regulation 24 above; or
e
fails or refuses to give information or an explanation as required by regulation 25(4) above,
shall be guilty of an offence.
Penalties
30
1
A person guilty of an offence under regulation 29(a) or (b) above shall be liable on summary conviction —
a
to imprisonment for a term not exceeding 3 months; or
b
to a fine not exceeding —
i
in Great Britain, level 5 on the standard scale; or
ii
in Northern Ireland, £2,000,
or to both.
2
A person guilty of an offence under regulation 29(c), (d) or (e) above shall be liable on summary conviction to a fine not exceeding —
i
in Great Britain, level 5 on the standard scale; or
ii
in Northern Ireland, £2,000.
Defence of due diligence
31
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 29 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) below on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
32
1
Where the commission by any person of an offence under regulation 29 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Consequential disapplication of United Kingdom law
33
1
Subject to paragraph (3) below, any requirement which —
a
is imposed by or under any of the enactments (relating in various respects to the safety of machinery) specified in paragraph (2) below; and
b
but for the provisions of this paragraph, would have to be satisfied by or in respect of relevant machinery if it is to be lawfully supplied,
is hereby disapplied.
2
The enactments referred to in paragraph (1) above are —
a
in the Factories Act 1961 —
i
subsection (1) of section 26 but only to the extent that it imposes requirements in respect of the supply of chains, ropes and lifting tackle to be put into service for raising or lowering goods or materials; and
ii
subsections (1) and (6) of section 27;
b
in the Factories Act (Northern Ireland) 1965 —
i
subsection (1) of section 27 but only to the extent that it imposes requirements in respect of the supply of chains, ropes and lifting tackle to be put into service for raising or lowering goods or materials; and
ii
subsections (1) and (6) of section 28;
c
in the Construction (General Provisions) Regulations 1961 (having effect as if made under the Factories Act 1961) and in the Construction (General Provisions) Regulations (Northern Ireland) 1963 (having effect as if made under the Factories Act (Northern Ireland) 1965) respectively, regulation 26, paragraphs (1) and (2) of regulation 29 and regulation 31(1);
d
in the Construction (Lifting Operations) Regulations 1961 (having effect as if made under the Factories Act 1961), and in the Construction (Lifting Operations) Regulations (Northern Ireland) 1963 (having effect as if made under the Factories Act (Northern Ireland) 1965) respectively, regulations 10(1)(a), 11(3), 13(1), 13(2), 14(1), 14(4), 15, 16, 20(2), 21, 22, 24, 30(1), the first sentence of 30(2) and 34(1);
e
in the Shipbuilding & Ship-repairing Regulations 1960 (having effect as if made under the Factories Act 1961), regulations 33, 34(1), 35 and 36(1);
f
in the Shipbuilding & Ship-repairing Regulations (Northern Ireland) 1971 (made under the Factories Act (Northern Ireland) 1965), regulations 32, 33(1), 34 and 35(1);
g
in the Mines and Quarries Act 1954 and the Mines Act (Northern Ireland) 1969 respectively, sections 83 and 85(1);
h
in the Coal and Other Mines (Locomotives) Regulations 1956 (having effect as if made under the Mines and Quarries Act 1954), paragraphs (1), (2)(a) to (c) and (3) of regulation 3, regulation 4 and paragraphs (1)(a) to (g), (2) and (3) of regulation 5;
i
in the Coal and Other Mines (Support) Regulations 1966 (made under the Mines and Quarries Act 1954), regulation 16(2);
j
in the Miscellaneous Mines (General) Regulations 1956 (having effect as if made under the Mines and Quarries Act 1954), regulation 52;
k
in the Quarries (General) Regulations 1956 (having effect as if made under the Mines and Quarries Act 1954), regulation 14;
l
in the Quarry Vehicles Regulations 1970 (made under the Mines and Quarries Act 1954), regulations 3(1) and 4(1);
m
in the Agriculture (Threshers and Balers) Regulations 1960 (made under the Agriculture (Safety, Health and Welfare Provisions) Act 1956 ) paragraph 7 of Part II of the Schedule thereto;
n
in the Coal Mines (Firedamp Drainage) Regulations 1960 (made under the Mines and Quarries Act 1954), regulation 11.
o
in the Docks Regulations 1988 (made under the Health and Safety at Work etc. Act 1974 ) and in the Docks Regulations (Northern Ireland) 1989 (made under the Health and Safety at Work (Northern Ireland) Order 1978 ) respectively, regulation 13(1)(a), (b), and (c), the words “or assembled” in regulation 13(1)(d), regulations 13(2)(b), (c) and (d), 14(1)(a) and 16(7);
p
in the Electricity at Work Regulations 1989 (made under the Health and Safety at Work etc. Act 1974) and in the Electricity at Work Regulations (Northern Ireland) 1991 (made under the Health and Safety at Work (Northern Ireland) Order 1978) respectively, regulation 26; and
q
in the Regulations specified in the first column of Schedule 7 hereto, the regulations respectively specified in the third column of that Schedule.
3
For the avoidance of doubt, it is hereby declared that nothing in paragraph (2) above affects the application of the enactments so listed to the use in service of relevant machinery.
Relevant machinery which is electrical equipment
34
1
The Low Voltage Electrical Equipment (Safety) Regulations 1989 are hereby disapplied in respect of relevant machinery which is electrical equipment in so far as the risks as to the safety of such equipment are not mainly of electrical origin.
2
In this regulation, “electrical equipment” has the meaning given by Article 1 of Council Directive 73/23 EEC on the harmonization of the laws of member States relating to electrical equipment designed for use within certain voltage limits .
3
For the avoidance of doubt, it is hereby declared that paragraph (1) above does not affect the applicability of the above-mentioned Regulations to machinery which is electrical equipment for the purposes of regulation 8(1)(a) above.
E. Leigh
Parliamentary Under-Secretary of State for Technology,
Department of Trade and Industry
30th November 1992


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 4) Order 1992 and shall come into force on 1st November 1992.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1992 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Argentina — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Burkina — 1st August 1992 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 Denmark — 1st July 1991 Ecuador — 1st April 1992 France — 1st August 1986 Germany — 1st December 1990 Hungary — 1st September 1986 Republic of Ireland — 1st October 1991 Israel — 1st December 1991 Luxembourg — 1st January 1987 Mexico — 1st September 1991 Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 Poland — 1st November 1992 Portugal — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 Switzerland — 1st August 1986 United States — 1st July 1988 Yugoslavia — 1st December 1991
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No.5) Regulations 1992 and shall come into force on 6th December 1992.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th November 1992” there shall be subsituted “6th December 1992”;
b
for “9.75 per cent. per annum” there shall ve subsituted “9 per cnt. per annum”.
Nicholas Baker
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
11th November 1992


text:
1
This Order may be cited as the South Eastern Police (Amalgamation) Amendment (No.2) Scheme Order 1992 and shall come into force on 1st April 1992.
2
The South Eastern Police (Amalgamation) Amendment (No.2) Scheme 1992, which is set out in the Schedule to this Order, is hereby approved.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
10th March 1992


text:
Citation and commencement
1
This Order may be cited as the Erskine Bridge Tolls Order 1992 and shall come into force on 1st April 1992.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the following meanings: —
“ the Act ” means the Erskine Bridge Tolls Act 1968;
“the 1989 Order ” means the Erskine Bridge Tolls Order 1989 ;
“the specified roads” has the meaning given in section 1(3) of the Act;
“Class I”, “Class II ” and “Class IV ” have the meanings respectively given in Schedule 3 to the Roads (Scotland) Act 1984 .
Vehicles in respect of which tolls are to be levied
3
Subject to article 6 of this Order, every vehicle of Class I, Class II or Class IV using any part of the specified roads shall be a vehicle in respect of which a toll is to be levied under the Act.
Amount of toll
4
Subject to article 5 hereof, the toll to be levied for each occasion on which any vehicle described in article 3 hereof uses any part of the specified roads shall be 60p.
Compounding in advance for payment of tolls
5
1
Any person may compound in advance for the payment of tolls levied under the Act by purchasing a minimum of 50 (or multiples thereof) prepaid vouchers at the rate specified in article 5(2) hereof.
2
Each prepaid voucher shall be in respect of one occasion that a toll is leviable in terms of article 4 hereof and shall cost 10% less than that toll.
Vehicles exempt from payment of tolls
6
Any vehicle of any of the descriptions specified in the Schedule to this Order, which would otherwise be a vehicle in respect of which a toll is to be levied as set out in article 3 above, shall be exempted from the payment of toll.
Revocation
7
The 1989 Order is hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
2nd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne Hospitals National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 22nd June 1992.
2
In this Order:
“the Authority” means Eastbourne Health Authority;
“the Trust” means the Eastbourne Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 22nd June 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
27th May 1992


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) Order 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Imported Goods) Relief Order 1984 shall be amended in accordance with the following provisions.
3
In Article 2 —
a
for the definition of “abroad” there shall be substituted the following definition —
“abroad” means a place outside the member States;
;
b
after the definition of “approved” there shall be inserted the following definitions —
“exported” means exported to a place outside the member States and “exportation” shall be construed accordingly;
“sent” means sent from a place outside the member States;
“third country” means a place outside the member States;
c
after paragraph (3) there shall be inserted the following paragraphs —
4
Except where it appears in Article 3(2) “import” means import from a place outside the member States and “importation” and “imported” shall be construed accordingly;
5
Except where it appears in Note (3) to Group 7 of Schedule 2, for “United Kingdom” there shall be substituted “member States”.
.
4
For paragraph (2) of Article 3 there shall be substitued the following paragraph —
2
Nothing in this Order shall be construed as authorising a person to import anything from a place outside or within the member States in contravention of any prohibition or restriction for the time being in force with respect thereto under or by virtue of any enactment.
.
5
In Schedule 2 (Relief for Goods of Other Descriptions) —
a
Item 2 of and Note (4) to Group 1, Group 2, and Item 2 of Group 5 shall be revoked;
b
In Item 3 of Group 3 the words from “or to services” to “another member State” shall be deleted;
c
In Item 3 of Group 5 for the words “outside the Community” there shall be substituted “a place outside the member States”;
d
In Note (2) to Group 3 the words from “or to services” to “United Kingdom” shall be deleted;
e
In Note (1) to Group 5 “, 2,” shall be deleted;
f
For Note (2) to Group 7 there shall be substituted the following Note —
2
Items 18 and 19 apply only to publications or printed matter on which value added tax or any other tax has been paid in the third country from which they have been exported and which have not benefited, by virtue of their exportation, from any relief from payment thereof.
.
g
After Note (3) to Group 7 there shall be inserted the following Note —
4
In item 11 “travel agent” includes airlines, national railway undertakings, ferry operators and similar organisations.
.
h
To Group 7 there shall be added the following Note —
5
In items 2, 15, 16 and 19 “foreign” means from a country other than the United Kingdom.
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
1
These Regulations may be cited as the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) Regulations 1992 and shall come into force on 26th October 1992.
2
In these Regulations —
a
“the Council” means the Further Education Funding Council for England or the Further Education Funding Council for Wales, as the case may be;
b
in these Regulations “student” includes a pupil; and
c
a reference to a section or Schedule is a reference to a section of or Schedule to the Further and Higher Education Act 1992.
2
Draft proposals which are required to be published by the Council under section 51(1)(a) and (b) and (2) (draft proposals for the establishment by the Secretary of State of a body corporate under section 16(1) or (3)) shall give the following information —
a
the name or proposed name of the institution concerned;
b
its address;
c
a general description of the education provided at the institution and of the education to be provided there when it is conducted by a further education corporation including, in both cases, the age range of students;
d
in the case of an existing institution, whether it is an institution of further or higher education maintained by a local education authority or a county, voluntary controlled, voluntary aided, special agreement or grant-maintained school or, if none of these, a brief description of its status;
e
in the case of an existing institution, the name of the local education authority, if any, which maintains it and, in the case of a voluntary school, the name of the appropriate authority of any religious denomination concerned;
f
in the case of an existing institution other than a school —
i
the number of full-time students, the number of part-time students and the total number of students on 1st November in the year preceding the year in which the draft proposals are published, and
ii
the forecast number of full-time students, the forecast number of part-time students and the forecast total number of students on 1st November in the year in which the draft proposals are published.
g
in the case of an existing institution which is a school —
i
the number of full-time students, the number of part-time students and the total number of students on 17th January in the year in which the draft proposals are published, and
ii
the forecast number of full-time students, the forecast number of part-time students and the forecast total number of students on 17th January in the year after the year in which the draft proposals are published;
h
in the case of an institution which is to be established, the number of full-time students, the number of part-time students and the total number of students which are forecast for such time as the institution is fully operational;
i
in the case of proposals for the establishment of a body corporate under section 16(3), a description of the kind and quantity of further education provided at the institution which is neither —
i
full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, nor
ii
part-time education suitable to the requirements of persons of any age over compulsory school age, where the education is provided by means of a course of a description mentioned in Schedule 2, nor
iii
full-time education suitable to the requirements of persons who have attained the age of nineteen years, where the education is provided by means of a course of a description mentioned in Schedule 2;
j
the reason for proposing incorporation;
k
in the case of proposals for the establishment of a body corporate under section 16(1) —
i
whether the further education corporation is to establish an educational institution or to conduct an existing institution, and
ii
in the case of an existing institution, whether the governing body has consented to the establishment of a further education corporation to conduct the institution;
l
the date proposed for the establishment of the further education corporation and the date from when it is proposed that the corporation should conduct the institution; and
m
the name proposed for the further education corporation which is to conduct the institution.
3
Draft proposals which are required to be published by the Council under section 51(1)(c) and (2) (draft proposals for the dissolution of any further education corporation by the Secretary of State under section 27) shall give the following information —
a
the name of the further education corporation;
b
the name of the institution concerned (if different);
c
its address;
d
a general description of the education provided at the institution;
e
the number of full-time students, the number of part-time students and the total number of students at the institution;
f
the reason for proposing dissolution of the corporation;
g
the date proposed for the dissolution of the corporation; and
h
the educational provision to be made for those students who have not completed their courses on that date.
4
1
Draft proposals which are required to be published by the Council under section 51(1) and (2) (draft proposals for the establishment by the Secretary of State of a body corporate under section 16(1) or (3) or the dissolution of any further education corporation by the Secretary of State under section 27) shall be published at least 4 months before the date specified in the draft proposals for the establishment or dissolution of the further education corporation.
2
The Council shall publish a summary of the proposal —
a
in at least one newspaper circulating in the area served, or to be served, by the institution to which the draft proposal relates;
b
by posting it in at least one conspicuous place within that area; and
c
in the case of a draft proposal which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution.
3
The summary shall state that a copy of the draft proposal may be obtained free of charge from the Council and the Council shall send a copy of the draft proposal to any person who requests it.
4
The Council shall send a copy of the draft proposal to —
a
the local education authority in whose area the institution is situated or is proposed to be situated;
b
the governing body of any institution within the further education sector, or of any school maintained by a local education authority or grant-maintained school which provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, within the locality; and
c
any other person who appears to the Council to have an interest.
5
The period referred to in section 51(2)(b), within which representations which have to be considered by the Council may be made, is a period of one month beginning on the day the last of the events described in regulation 4(2) or (4) above takes place.
6
1
The following matters are prescribed for the purposes of section 51(3)(a) —
a
the draft order shall be published no later than two months before the date specified in it for the establishment of a body corporate;
b
a summary of the draft order shall be published —
i
in at least one newspaper circulating in the area served, or to be served, by the institution to which the draft order relates;
ii
by posting it in at least one conspicuous place within that area; and
iii
in the case of a draft order which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution.
2
The summary shall state that a copy of the draft order may be obtained free of charge from the Secretary of State and the Secretary of State shall send a copy of the draft order to any peron who requests it.
3
The Secretary of State shall send a copy of the draft order to —
a
the local education authority in whose area the institution is situated or is proposed to be situated; and
b
the governing body of any institution within the further education sector, or of any school maintained by a local education authority or grant-maintained school which provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, within the locality; and
c
any other person who appears to the Secretary of State to have an interest.
7
The following matters are prescribed for the purposes of section 51(3)(b), namely, the draft order shall be published no later than two months before the date specified in it for the establishment of a body corporate by sending a copy to —
a
the governing body of the institution referred to therein,
b
the local education authority, if any, which maintains the institution and in the case of a voluntary school, the appropriate authority of any religious denomination concerned, and
c
any person who appears to the Secretary of State to have an interest.
John Patten
Secretary of State for Education
2nd October 1992
Wyn Roberts
Minister of State, Welsh Office
2nd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wrexham Maelor Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Wrexham Maelor 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 Wrexham Maelor Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Wrexham Maelor Hospital, Croesnewydd Road, Wrexham, Clwyd LL20 8SP including the management of its teaching and research facilities;
b
to manage community health services provided from Wrexham Maelor Hospital, Croesnewydd Road, Wrexham, Clwyd LL20 8SP and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Clwyd Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the thrust to carry out its limited functions pending the transfer of premises to the trust.
2
Clwyd Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be Clwyd Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
David Hunt
Secretary of State for Wales
29th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
Application of Regulations
2
The amendments specified in regulations 4, 6, 7 and 8 apply in relation to attachment of earnings orders made on or after 1st April 1992.
Amendment of Regulations
3
The Community Charges (Administration and Enforcement) Regulations 1989 are amended in accordance with the following provisions of these Regulations.
Attachment of earnings: definitions
4
In regulation 27 —
a
in paragraph (1), for the definition of “earnings” there is substituted the following definition —
“earnings” means sums payable to a person —
a
by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service); or
b
by way of statutory sick pay, earnings, they shall not be treated as such:
i
sums payable by any public department of the Government of Northern Ireland or of a territory outside the United Kingdom;
ii
pay or allowances payable to the debtor as a member of Her Majesty’s forces;
iii
allowances or benefit payable under any enactment relating to social security;
iv
allowances payable in respect of disablement or disability; and
v
wages payable to a person as a seaman, other than wages payable to him as a seaman of a fishing boat;
b
in paragraph (1), in the definition of “net earnings”, for sub-paragraph (b) there are substituted the following sub-paragraphs —
b
primary Class 1 contributions under Part I of the Social Security Act 1975 ; and
c
amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums —
i
to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
ii
to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
; and
c
after paragraph (1) there is inserted the following paragraph —
1A
In sub-paragraph (v) of the definition of “earnings” in paragraph (1) above, expressions used in the Merchant Shipping Act 1894 have the same meanings as in that Act.
.
Application for liability order
5
In paragraph (3) of regulation 29, for the words “two years” there are substituted the words “six years”.
Prescribed form of attachment of earnings orders
6
1
For paragraph (2) of regulation 32 there is substituted the following paragraph —
2
An order under this regulation —
a
shall be in the form specified as (and accordingly contain the matters specified in) form D in Schedule 3; and
b
shall remain in force until discharged under regulation 36(2) or the whole amount to which it relates has been paid (whether by attachment of earnings or otherwise).
.
2
There is inserted after form C in Schedule 3 the form set out in Schedule 1 to these Regulations.
Deductions under attachment of earnings order
7
1
In regulation 33 —
a
there are inserted at the beginning of paragraph (1) the words “Subject to paragraphs (1A) and (1B),”;
b
in sub-paragraph (a) of paragraph (1), for the words after “weekly” there are substituted the words “a sum equal to the appropriate percentage of the net earnings otherwise payable on that pay-day; and for this purpose the appropriate percentage is the percentage (or percentages) specified in column 2 of Table A in Schedule 4 in relation to the band in column 1 of that Table within which the net earnings fall;”;
c
in sub-paragraph (b) of paragraph (1), for the words after “monthly” there are substituted the words “a sum equal to the appropriate percentage of the net earnings otherwise payable on that pay-day; and for this purpose the appropriate percentage is the percentage (or percentages) specified in column 2 of Table B in Schedule 4 in relation to the band in column 1 of that Table within which the net earnings fall;”;
d
in sub-paragraph (c) of paragraph (1) —
i
in paragraph (ii), for the words “the sum” there are substituted the words “the percentage or percentages”; and
ii
for paragraph (iii) there is substituted the following paragraph —
iii
Calculating the sum which equals the appropriate percentage (or percentages) of the notional net earnings for any of those weeks or months and multiplying that sum by the whole number of weeks or months, as appropriate.
;
e
there are added after paragraph (1) the following paragraphs —
1A
Where paragraph (1) applies and the amount to be paid to the debtor on any pay-day includes an advance in respect of future pay, the sum to be deducted on that pay-day shall be the aggregate of the amount which would otherwise fall to be deducted under paragraph (1) and —
a
where the amount advanced would otherwise have been paid on a single pay-day, the sum which would have been deducted on that day in accordance with paragraph (1) if the amount advanced had been the amount of net earnings on that day; or
b
where the amount advanced would otherwise have been paid on more than one pay-day, the sums which would have been deducted on each of the relevant pay-days in accordance with paragraph (1) if —
i
an equal proportion of the amount advanced had been paid on each of those days; and
ii
the net earnings of the debtor on each of those days had been an amount equal to that proportion.
1B
Where the amount payable to the debtor on any pay-day is reduced by reason of an earlier advance of pay or by reason of the repayment by the debtor of a loan made to him by his employer for any purpose, the net earnings of the debtor on that day shall, for the purposes of paragraph (1), be the amount defined in regulation 27(1) less the amount of the deduction.
;
f
there is inserted at the beginning of paragraph (2) the words “Subject to paragraphs (2A) and (2B),”;
g
in paragraph (2) —
i
in sub-paragraph (b), for the words “the sum” there are substituted the words “the percentage or percentages”; and
ii
for sub-paragraph (c)
there is substituted the following sub-paragraph —
c
calculating the sum which equals the appropriate percentage (or percentages) of the notional daily net earnings and multiplying that sum by the number of days in the interval.
;
h
there are added after paragraph (2) the following paragraphs —
2A
Where the debtor’s earnings are payable as mentioned in paragraph (2), and the amount to be paid to the debtor on any pay-day includes an advance in respect of future pay, the amount of the debtor’s notional net earnings under sub-paragraph (a) of that paragraph shall be calculated in accordance with the formula —
A + B C + D
where —
A is the amount of net earnings payable to him on that pay-day (exclusive of the amount advanced);
B is the amount advanced;
C is the number of days in the period for which the amount of net earnings is payable; and
D is the number of days in the period for which, but for the agreement to pay in advance, the amount advanced would have been payable.
2B
Paragraph (1B) applies in relation to paragraph (2) as it applies in relation to paragraph (1).
;
i
in paragraph (3) —
i
there are substituted for the words “paragraphs (1) and (2)”, in both places where they occur, the words “paragraphs (1), (1A), (1B), (2), (2A) and (2B)”;
ii
in sub-paragraph (a)(ii) after the words “net earnings” there are added the words “or, where on any pay-day an amount advanced is also paid, 20 percent. of the aggregate of the net earnings and the amount advanced”; and
iii
after sub-paragraph (b) there are inserted the words “and paragraph (1B) shall apply in relation to sub-paragraph (a)(ii) above as it applies in relation to paragraph (1).”;
j
in sub-paragraph (b) of paragraph (4) for the words “taking the sum” there are substituted the words “ascertaining the percentage or percentages”; and
k
for sub-paragraph (c) there is substituted the following sub-paragraph —
c
calculating the sum which equals the appropriate percentage (or percentages) of the daily net earnings and multiplying that sum by the same number as that of the divisor for the purposes of the calculation mentioned in sub-paragraph (a).
.
2
For Schedule 4 there is substituted the Schedule set out in Schedule 2 to these Regulations.
Attachment of earnings orders: duties of debtor
8
In paragraph (1) of regulation 35, for sub-paragraph (b) there is substituted the following sub-paragraph —
b
the deductions and (so far as he is able) expected deductions from such earnings —
i
in respect of income tax;
ii
in respect of primary class 1 contributions under Part I of the Social Security Act 1975; and
iii
for the purposes of such a superannuation scheme as is mentioned in the definition of “net earnings” in regulation 27(1);
.
Michael Heseltine
Secretary of State for the Environment
10th February 1992
David Hunt
Secretary of State for Wales
11th February 1992


text:
1
This Order may be cited as the Value Added Tax (Motor Vehicles for the Handicapped) Order 1992 and shall come into force on 29th December 1992.
2
Group 14 of Schedule 5 to the Value Added Tax Act 1983 shall be varied by adding after item 12 the following item —
12A
The sale of a motor vehicle which had been let on hire in the circumstances described in item 12, where such sale constitutes the first supply of the vehicle after the end of the period of such letting.
Nicholas Baker
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order —
“the Authority” means Liverpool Health Authority;
“the Trust” means the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State
Department of Health
9th March 1992