text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1993 and shall come into force on 1st November 1993.
Interpretation
2
In these Regulations —
“application” means an application to a tribunal under section 21(1) (jurisdiction of leasehold valuation tribunals) of the Leasehold Reform Act 1967, or under section 13 (determination by leasehold valuation tribunals of questions relating to purchase notices) or section 31 (determination by leasehold valuation tribunals of terms where acquisition order) of the Landlord and Tenant Act 1987, or under or by virtue of Part I of the 1993 Act (collective enfranchisement and grant of new lease) and includes, except where the contrary is indicated, a scheme application ;
“party” includes (as regards a scheme application) two or more landlords or a representative body under section 71 (applications by two or more landlords or by representative body) of the 1993 Act, and the relevant authority for the purposes of section 73 (applications by certain public bodies) of that Act;
“person making representations” means such a person as is mentioned in section 70(6) of the 1993 Act;
“scheme application” means an application under Chapter IV of Part I of the 1993 Act, or under section 19 of the Leasehold Reform Act 1967 (retention of management powers for general benefit of neighbourhood) as it has effect by virtue of section 75 (variation of existing schemes) of the 1993 Act;
“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993; and
“tribunal” means a leasehold valuation tribunal.
Applications
3
1
The particulars to be included in an application, except a scheme application, are those specified in Schedule 1 to these Regulations.
2
The particulars to be included in a scheme application are those specified in Schedule 2 to these Regulations.
4
On receipt of an application the tribunal shall send a copy of it and of each of the documents which accompanied it to each person named in it as a respondent.
Hearings
5
1
A hearing shall be on the date and at the time and place appointed by the tribunal.
2
The tribunal shall give notice of the appointed date, time and place to the parties not less than 21 days (or such shorter period as the parties may agree) before the appointed date, and the tribunal shall send a copy of the notice —
a
to any other person who has indicated to the tribunal an intention to appear at the hearing; and
b
in the case of a scheme application, to any person making representations.
3
The notice shall contain a statement that an appeal to the Lands Tribunal may only be made by a person who appeared before the tribunal in proceedings to which he was a party .
4
The tribunal may, where they consider it appropriate, arrange that an application shall be heard together with one or more other applications.
5
A hearing shall be in public unless, for special reasons, the tribunal decide that a hearing or part of a hearing should be held in private.
6
At a hearing —
a
the tribunal shall determine the procedure (subject to these Regulations), and the order in which the persons appearing before them are to be heard;
b
a person appearing before the tribunal may do so either in person or by a representative authorised by him, whether or not that representative is of counsel or a solicitor; and
c
a person appearing before the tribunal may give evidence on his own behalf, call witnesses, and cross–examine any witnesses called by any other person appearing.
Non–appearance
7
If a party or person mentioned in regulation 5(2) does not appear at a hearing, the tribunal may proceed with the hearing if they are satisfied that notice has been given to that party or person in accordance with these Regulations.
Adjournment
8
1
The tribunal may postpone or adjourn a hearing at their discretion either of their own motion, or at the request of the parties or of one or more of the persons appearing before them, but they shall not do so at the request of one party or person except where they consider it reasonable to do so having regard to the grounds for the request, the time at which the request is made and the convenience of the other persons appearing before them.
2
The tribunal shall give reasonable notice of any postponed or adjourned hearing to the persons appearing before them.
Documents
9
1
Before the date of a hearing, the tribunal shall take all reasonable steps to ensure that each of the parties and persons making representations is given —
a
a copy of, or sufficient extracts from or particulars of, any document relevant to the proceedings which has been received from a party or person making representations (other than a document already in the possession of that party or one of which he has previously been supplied with a copy); and
b
a copy of any document which embodies the results of any enquiries made by or for the tribunal for the purposes of the proceedings.
2
At a hearing, if a person appearing before the tribunal does not have in his possession a relevant document or a copy of, or sufficient extracts from or particulars of, a relevant document, then unless —
a
that person consents to the continuation of the hearing; or
b
the tribunal consider that that person has a sufficient opportunity to deal with the document without an adjournment of the hearing,
the tribunal shall adjourn the hearing for a period which they consider will give that person a sufficient opportunity to deal with the document.
Inspections
10
1
The tribunal may (subject to any necessary consent being obtained) inspect the house, premises or area which are the subject of the proceedings.
2
An inspection may be made before, during or after the close of a hearing, as the tribunal may decide, and the tribunal shall give the persons appearing before them an opportunity to attend.
3
Notice of an inspection shall be given as if it were notice of a hearing, but the requirements for notice may be dispensed with or relaxed with the consent of the persons appearing before the tribunal or if the tribunal are satisfied that such persons have received sufficient notice.
4
Where an inspection is made after the close of a hearing, the tribunal shall, if they consider it expedient to do so on account of any matter arising from the inspection, reopen the hearing; and if the hearing is to be reopened regulation 5(2) shall apply as it applied to the original hearing, except that its requirements may be dispensed with or relaxed with the consent of the parties and persons mentioned in regulation 5(2) or if the tribunal are satisfied that such parties and persons have received sufficient notice.
5
This regulation shall apply, so far as is reasonable and practicable, to any comparable house, premises or area to which the attention of the tribunal is directed.
Decisions
11
1
The decision of the tribunal shall be recorded in a document signed by the chairman of the tribunal (or, in the event of his absence or incapacity, by another member of the tribunal) which shall contain the reasons for the decision.
2
The chairman (or, in the event of his absence or incapacity, another member of the tribunal) shall have power, by certificate under his hand, to correct any clerical mistakes in the document or any errors arising in it from an accidental slip or omission.
3
A copy of the document and of any such correction shall be sent by the tribunal to each party and person making representations.
Attendance by member of Council on Tribunals
12
Nothing in these Regulations shall prevent a member of the Council on Tribunals in that capacity from attending any hearing or inspection or from being present during the tribunal’s deliberations as to their decision; but a member of the Council on Tribunals may not take part in such deliberations.
Information required by tribunal
13
1
Where a tribunal require information to be given under paragraph 7 of Schedule 22 to the Housing Act 1980, the notice shall contain a statement to the effect that any person who fails without reasonable cause to comply with the notice is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Paragraph (1) above shall not apply in the case of a notice addressed to an appropriate authority in relation to a Crown interest .
Notices
14
Where any notice or other document is required under these Regulations to be given or sent by the tribunal, it shall be sufficient compliance with these Regulations if the notice or other document is sent by pre–paid post or by facsimile transmission addressed to the person for whom it is intended at his usual or last known address or (if a person has appointed an agent to act on his behalf) to his agent at the address of the agent supplied to the tribunal.
Amendments
15
1
Regulation 2(2) of the Rent Assessment Committees (England and Wales) Regulations 1971 is amended by the addition, at the end of the definition of “committee”, of the words —
“or by section 75, 88 or 91 (jurisdiction of leasehold valuation tribunals) of the Leasehold Reform, Housing and Urban Development Act 1993”.
2
The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1987 , and the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1988 , are each amended by the omission of the following —
a
in article 2, the definition of “the 1981 Regulations”;
b
article 4; and
c
the Schedule.
Revocation
16
The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1981 are hereby revoked.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
30th September 1993
John Redwood
Secretary of State for Wales
30th September 1993


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Education (Designated Institutions in Further Education) Order 1993 and shall come into force on 1st April 1993.
2
In this Order a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
2
The institutions specified in Schedule 1 to this Order, being educational institutions of the kinds described in subsections (1) and (2) of section 28, are hereby designated as institutions eligible to receive support from funds administered by the Further Education Funding Council for England or the Further Education Funding Council for Wales.
3
Section 29 (government and conduct of designated institutions) shall not apply to the Workers' Educational Association.
4
1
Section 32 (transfer of property, etc. , to designated institutions) shall have effect in relation to the institutions specified in column (1) of Schedule 2 to this Order.
2
The persons specified in column (2) of Schedule 2 to this Order are hereby specified as being persons appearing to the Secretary of State to be trustees holding property for the purposes of the respective institutions specified opposite them in column (1) of that Schedule.
3
Where a trust deed is specified in column (3) of Schedule 2 to this Order, property or rights transferred to the persons specified opposite that deed in column (2) of that Schedule shall be held on the trusts applicable under that deed.
John Patten
Secretary of State for Education
2nd March 1993


text:
Citation
1
This Order may be cited as the Child Support Act 1991 (Commencement No. 3 and Transitional Provisions) Amendment Order 1993.
Amendment of the Child Support Act 1991 (Commencement No. 3 and Transitional Provisions) Order 1992
2
1
For Part I of the Schedule to the Child Support Act (Commencement No. 3 and Transitional Provisions) Order 1992 there shall be substituted the following Part —
PART I
PHASED TAKE-ON OF CASES
1
1
In this Part of this Schedule —
“ The Act ” means the Child Support Act 1991;
“benefit” means income support, family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 , or any other benefit prescribed under section 6(1) of the Act (applications by parents receiving benefit);
“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care; and
“transitional period” means the period beginning with 5th April 1993 and ending with 6th April 1997.
2
For the purposes of paragraph 5 below, in England and Wales, an application for a maintenance order is pending before a court if —
i
notice of the application has been filed, in accordance with rules of court, before 5th April 1993;
ii
in the case of an application contained in a petition for divorce, nullity or judicial separation, or the answer to it, notice of intention to proceed with it was given, in the form required by rules of court, before 5th April 1993.
2
Subject to paragraph 4 below, during the transitional period no application under section 4 of the Act (applications for child support maintenance) in relation to a qualifying child or any qualifying children may be made at any time when —
a
there is in force a maintenance order or written maintenance agreement (being an agreement made before 5th April 1993) in respect of that qualifying child or those qualifying children and the absent parent; or
b
benefit is being paid to a parent with care of that child or those children.
3
Subject to paragraph 4 below, during the transitional period no application under section 7 of the Act (right of child in Scotland to apply for assessment) may be made by a qualifying child at any time when there is in force a maintenance order or written maintenance agreement (being an agreement made before 5th April 1993) in respect of that child and the absent parent.
4
Paragraphs 2 and 3 above do not apply to an application made —
a
in that part of the transitional period beginning with 8th April 1996, if the surname of the person with care begins with any of the letters A to D inclusive;
b
in that part of the transitional period beginning with 1st July 1996, if the surname of the person with care begins with any of the letters E to K inclusive;
c
in that part of the transitional period beginning with 7th October 1996, if the surname of the person with care begins with any of the letters L to R inclusive; and
d
in that part of the transitional period beginning with 6th January 1997, if the surname of the person with care begins with any of the letters S to Z inclusive.
5
1
For so long as either —
a
paragraph 2 or 3 above operates in a case so as to prevent an application being made under section 4 of the Act or, as the case may be, section 7 of the Act, and no application has been made under section 6 of the Act; or
b
an application has been made under section 6 of the Act but no maintenance assessment has yet been made pursuant to that application,
then in relation to that case —
i
section 8(3) of the Act (role of the courts with respect to maintenance orders) shall be modified so as to have effect as if the word “vary” were omitted;
ii
in a case falling within sub-paragraph (a) above, section 9(3) of the Act shall not apply; and
iii
section 9(5) of the Act shall be modified so as to have effect as if paragraph (b) were omitted.
2
In a case where there is, at any time during the transitional period, pending before a court an application for a maintenance order or an application for an order varying a written maintenance agreement, section 8(3) or, as the case may be, section 9(5)(b) of the Act, shall not apply in relation to that case.
.
2
In paragraph 7(1)(a) of Part II of that Schedule, after the words “4th April 1993” there shall be inserted the words “, and at all times thereafter until the date when a maintenance assessment is made under the Act,”.
3
In paragraph 7(2) of Part II of that Schedule, for the words “an interim maintenance assessment” there shall be substituted the words “a Category A interim maintenance assessment within the meaning of regulation 8(1B) of the Child Support (Maintenance Assessment Procedure) Regulations 1992” .
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
31st March 1993


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No.4) Regulations 1993 and shall come into force on 31st May 1993.
2
For regulation 9A of the Value Added Tax (General) Regulations 1985 there shall be substituted the following —
9A
1
Where a person has exercised an option in the United Kingdom corresponding to an option such as is mentioned in paragraph 1(2) of Schedule 1A to the Act, in respect of supplies involving the removal of goods to another member State, he shall notify the Commissioners in writing of the exercise of that option not less than thirty days before the date on which the first supply to which the option relates is made.
2
The notification referred to in paragraph (1) above shall contain the name of the member State to which the goods are to be removed under the direction or control of the person making the supply.
3
Any person who has notified the Commissioners in accordance with paragraph (1) above shall not later than thirty days after the first supply mentioned in that paragraph furnish to the Commissioners documentary evidence that he has notified that member State of the exercise of his option.
4
Where a person has notified the Commissioners in accordance with paragraph (1) above he may withdraw his notification by giving a further written notification but that notification must specify the date upon which the first notification is to be withdrawn which date must be not earlier than —
a
the 1st January which is, or next follows, the second anniversary of the date of the making of the first supply mentioned above to which the option relates, and
b
the day thirty days after the receipt by the Commissioners of the further notification
and not later than thirty days before the date of the first supply which he intends to make after the withdrawal.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
5th May 1993


text:
Citation, commencement and effect
1
These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions) (Amendment) Regulations 1993 and shall come into force on 11th January 1994, but shall take effect as from 17th March 1987.
Interpretation
2
In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Transitional Provisions) Regulations 1988 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1), after the definition of “control”, there shall be inserted —
“the general level of earnings” means the general level of earnings obtaining in Great Britain;
“normal retirement date” means the date specified in the rules of the scheme as the date at which the employee will normally retire;
“pensionable service” means service as an employee of the employer in question in respect of which benefits (other than benefits payable solely on death before retirement) accrue under an approved scheme;
.
4
In regulation 3 —
a
in paragraph (1) for “(4)” there shall be substituted “(5)”;
b
in paragraph (2) for sub — paragraph (b) there shall be substituted —
b
benefits cease to accrue to the employee under the scheme —
i
on or after 17th March 1987 and he thereupon becomes a member of another scheme established by his employer or of a scheme established by a relevant employer; or
ii
by reason of his secondment or posting to a foreign branch of the employer or to another employer and on or after 17th March 1987 the period of his secondment or posting ends and he thereupon becomes a member of a scheme established by the employer by whom he was seconded or posted, or by a relevant employer, and at the time of his secondment or posting he had a definite expectation that he would become a member of such a scheme; or
iii
by reason of his unpaid absence if, within one month of returning to work, and on or after 17th March 1987, he becomes a member of a scheme established by the employer who established the scheme, or of a scheme established by a relevant employer; or
iv
by reason of her pregnancy or confinement if, within one month of returning to work, and on or after 17th March 1987, she becomes a member of a scheme established by the employer who established the scheme, or of a scheme established by a relevant employer; or
v
(where the circumstances are other than those specified in paragraphs (ii), (iii) and (iv)) if, within one month of benefits ceasing so to accrue, and on or after 17th March 1987, benefits again accrue to the employee under that scheme.
;
c
after paragraph (4) there shall be added —
5
The circumstances prescribed in this paragraph are circumstances where before 17th March 1987 an employee was a member of a scheme and on or after 17th March 1987 the employee becomes a member of a scheme which provides benefits in addition to those under the scheme of which he remains a member.
.
5
Regulation 4 shall be renumbered as paragraph (1) of that regulation, and —
a
in that provision as so renumbered after “3(2)” there shall be inserted “or (5)”;
b
after that provision as so renumbered there shall be added —
2
In paragraph (1) above “the new scheme” means another scheme established by the employer or a scheme established by a relevant employer as mentioned in regulation 3(2)(b)(i).
.
6
After regulation 4 there shall be inserted —
Modifications of paragraphs 2 and 9 of the Schedule
4A
1
In the circumstances prescribed in paragraph (2) below —
a
paragraph 2(2) of the Schedule shall be modified so that the reference to any contrary provision in the rules of the scheme does not include a reference to a provision in the rules allowing a pension to be increased, in accordance with the rules of the scheme, to take account of increases in the cost of living or the general level of earnings;
b
paragraph 9 of the Schedule shall be modified so as to provide in addition that references in the Schedule to “service” (other than in relation to the expression “pensionable service”) shall be deemed to include service that would have been included if the employee had remained in employment until the date specified in the rules of the scheme as the date at which the employee would normally have retired.
2
The circumstances prescribed in this paragraph are circumstances where an employee takes retirement before his normal retirement date as a result of physical or mental deterioration which is sufficiently serious to prevent him from following his normal employment or which seriously impairs his earning capacity.
.
7
After regulation 5 there shall be inserted —
5A
1
In the circumstances prescribed in paragraph (2) below, paragraph 2(2) of the Schedule shall be modified so that the reference to any contrary provision in the rules of the scheme does not include a reference to a provision in the rules allowing a pension to be increased, in accordance with the rules of the scheme, to take account of increases in the cost of living or the general level of earnings.
2
The circumstances prescribed in this paragraph are circumstances, other than those prescribed in paragraph (2) of regulation 4A, where an employee retires with an immediate pension at or before his normal retirement date.
5B
1
In the circumstances prescribed in paragraph (2) below, paragraph 2(2) of the Schedule shall be modified so that the reference to any contrary provision in the rules of the scheme does not include a reference to a provision in the rules allowing a pension to be increased, in accordance with the rules of the scheme, to take account of increases in the cost of living or the general level of earnings.
2
The circumstances prescribed in this paragraph are circumstances, other than those prescribed in paragraph (2) of regulation 4A, where an employee leaves pensionable service with an entitlement to a pension from a future date.
5C
1
In the circumstances prescribed in paragraph (2) below, paragraph 2(2) of the Schedule shall be modified —
a
so that the reference to any contrary provision in the rules of the scheme does not include a reference to a provision in the rules allowing a pension to be increased, in accordance with the rules of the scheme, to take account of increases in the cost of living or the general level of earnings; and
b
so as to substitute for the reference to a pension exceeding one — thirtieth of the employee’s relevant annual remuneration for each year of service up to a maximum of 20 a reference to a pension of the greatest of —
i
one — thirtieth of his relevant annual remuneration for each year of service up to a maximum of 20,
ii
one — thirtieth of his relevant annual remuneration for each year of service at the normal retirement date up to a maximum of 20, increased on an actuarial basis in respect of the period from the normal retirement date to the date the payment of the pension commenced,
iii
one — thirtieth of his relevant annual remuneration for each year of service at the normal retirement date up to a maximum of 20, increased in accordance with the rules of the scheme to take account of increases in the cost of living or general level of earnings from the normal retirement date to the date the payment of the pension commenced, and
iv
where the employee’s total service has exceeded 40 years, the aggregate of one — sixtieth of his relevant annual remuneration for each year of service before the normal retirement date up to a maximum of 40, and of a further one — sixtieth of his relevant annual remuneration for each year of service in respect of the period from the normal retirement date to the date the payment of the pension commenced, subject to an overall maximum of 45 years of service.
2
The circumstances prescribed in this paragraph are circumstances where an employee continues in service after his normal retirement date.
5D
1
In the circumstances prescribed in paragraph (2) below, paragraph 2(2) of the Schedule shall be modified so as to include in the reference to service a reference to service with a relevant employer.
2
The circumstances prescribed in this paragraph are circumstances where a pension attributable to a transfer payment is provided to an employee in respect of service with a former employer of his who is a relevant employer.
.
8
In regulation 6(2) there shall be added at the end “or such higher amount as may be prescribed by regulations made under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 ”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
22nd December 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Herring (Specified Sea Areas) (Prohibition of Fishing) Order 1993 and shall come into force on 9th December 1993.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for herring ( Clupea harengus )–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Statistical Division IIa which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd December 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th November 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th November 1993
J Chilcot
Parliamentary Under Secretary of State, Northern Ireland Office
26th November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Controlled Waste (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Controlled Waste Regulations 1992
2
In regulations 3(2) and 7(2) of the Controlled Waste Regulations 1992 , for the words “at any time before 1st April 1993” there shall be substituted the words “at any time before the day appointed under section 164(3) of the Act for the repeal of sections 3 to 10 of the Control of Pollution Act 1974 in relation to controlled waste which is scrap metal”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
10th March 1993


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Immigration Appeals (Procedure) (Amendment) Rules 1993 and shall come into force on 26th July 1993.
2
In these Rules, “the 1984 Rules ” means the Immigration Appeals (Procedure) Rules 1984 .
Appeals from Immigration Appeal Tribunal
2
After Part III of the 1984 Rules there shall be inserted the following —
PART IIIA
APPEALS FROM TRIBUNAL
Application of Part IIIA
21A
This Part applies to applications for leave to appeal on any question of law from a final determination of the Tribunal made under section 20 of the Act.
Leave to appeal
21B
1
An application to the Tribunal for leave to appeal shall be made not later than 14 days after the party seeking to appeal has received written notice of the determination.
2
An application for leave shall be made by serving upon the Tribunal a notice of application for leave to appeal in Form 4.
3
An application may be determined by the president or a chairman of the Tribunal acting alone.
4
The Tribunal shall determine the application without a hearing unless it considers that there are special circumstances making a hearing necessary or desirable.
5
The Tribunal shall give the parties to the proceedings written notice of the determination and of the reasons therefor.
Application of Part IV of the 1984 Rules
3
In Rule 22 (application of Part IV) after paragraph (1) there shall be inserted the following —
1A
Rules 23 and 26 shall apply in relation to an application for leave under Part IIIA.
Form of notice of application for leave to appeal
4
The form set out in the Schedule to these Rules shall be added as Form 4 to the forms in the Schedule to the 1984 Rules.
Mackay of Clashfern, C.
5th July 1993


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Leased Lines) Regulations 1993 and shall come into force on 20th October 1993.
Interpretation
2
1
In these Regulations —
“the 1972 Act ” means the European Communities Act 1972;
“the 1984 Act ” means the Telecommunications Act 1984 ;
“the approvals register” means the register of approvals given and designations made under section 22 of the 1984 Act which the Director keeps pursuant to section 23 of that Act;
“ BT ” means British Telecommunications plc;
“the BT licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to British Telecommunications on 22nd June 1984 to run the telecommunication systems referred to in Annex A thereof, in relation to which BT became the licensee as the nominated successor company on the transfer date ;
“ the Commission ” means the Commission of the European Communities;
“common ordering procedure” means an ordering procedure for the procurement of intra-Community private circuits which ensures that there is commonality across the telecommunications organizations in the information that has to be supplied by the user and the telecommunications organizations, and in the format in which the information is presented;
“ the Community ” means the European Economic Community;
“ the Directive ” means Council Directive 92/44/ EEC on the application of open network provision to leased lines ;
“ Hull ” means Kingston upon Hull City Council and Kingston Communications (Hull) PLC ;
“the Hull licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Hull on 30th November 1987 to run the telecommunication systems referred to in Annex A thereof;
“ Mercury ” means Mercury Communications Limited;
“the Mercury licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury on 5th November 1984 to run the telecommunication systems referred to in Annex A thereof;
“one-stop-ordering” is a system whereby all transactions involving a user, required for the procurement of private circuits with network termination points in more than one member State, supplied by more than one telecommunications organization to a single user, can be completed at one location between the user and a single telecommunications organization;
“one-stop-billing” is a system whereby the billing and payment transaction for private circuits with network termination points in more than one member State supplied by more than one telecommunications organization to a single user can be completed at one location between the user and a single telecommunications organization;
“private circuit” means a telecommunications facility provided in the context of the establishment, development and operation of the public telecommunications network, which provides for transparent transmission capacity between network termination points where both or all such points are situated within the Community and which does not include on-demand switching (that is to say, switching functions which the user can control as part of the private circuit provision); and
“users” means end users and service providers, including telecommunications organizations where the latter are engaged in providing services which are or may be provided also by others.
2
References in these Regulations to the BT licence, the Hull licence and the Mercury licence are references to such licences as modified from time to time pursuant to sections 12 and 15 of the 1984 Act and regulations made under section 2(2) of the 1972 Act.
3
Any word or expression used in these Regulations shall, unless the context otherwise requires, have the same meaning as it has in the 1984 Act.
Effect
3
1
These Regulations shall have effect for the purposes of the implementation of the Directive, and accordingly —
a
Schedule 1 shall have effect for the purposes of providing for the presentation of the information required to be published pursuant to Article 3 of the Directive; and
b
Schedule 2 shall have effect for the purposes of providing for the definition of a minimum set of private circuits with harmonized technical characteristics which the United Kingdom is required by Article 7 of the Directive to ensure is provided by telecommunications organizations separately or jointly.
2
For the purposes of the 1984 Act, the modifications to the conditions of the BT licence, the Hull licence and the Mercury licence made by regulations 4, 5 and 6 below respectively shall have effect as if they were made under section 12 of that Act by the Director.
Modification of the BT licence
4
The conditions of the BT licence are hereby modified as follows —
a
in paragraph 1 of Part 1 of Schedule 1 (definitions, interpretations and transitional provisions relating to the conditions in Schedule 1) —
i
in sub-paragraph (w) (definition of Private Circuit) there shall be added at the end the following tailpiece —
and a “Relevant Private Circuit” means a Private Circuit, not being a Private Circuit provided by the Licensee for another public telecommunications operator, where —
i
at least one Network Termination Point of which is located within the United Kingdom and all the network termination points of that circuit, and of any half circuit to which it is connected, are located within the European Economic Community; and
ii
the agreement between the Licensee and the user to provide the Private Circuit does not provide for messages to be conveyed thereby to be routed via a satellite link (notwithstanding that they may be so conveyed);
; and
ii
after sub-paragraph (ee) (definition of the United Kingdom) there shall be inserted the following sub-paragraph —
eeA
“users” means end users and service providers, including telecommunications organizations where the latter are engaged in providing services which are or may be provided also by others;
;
b
in condition 16 —
i
in the headpiece of paragraph 16.1 at the beginning there shall be inserted “In relation to services other than the provision of Relevant Private Circuits,”;
ii
in the headpiece of paragraph 16.3 after “notice” there shall be inserted “referred to in paragraph 16.1(a)”; and
iii
after paragraph 16.3A there shall be inserted the following —
16.3B
The Licensee shall publish by notice in accordance with the presentation given in paragraphs A to C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993 information on offerings on technical characteristics, tariffs and supply and usage conditions in respect of Relevant Private Circuits.The information shall be published in the manner provided for in paragraph 16.3 above. Where the information concerns new types of Relevant Private Circuit offerings, it shall be published as soon as possible, and no later than two months before the implementation of the offering.Changes in existing offerings shall be published as soon as possible and, unless the Director agrees otherwise, no later than two months before the implementation.The supply conditions published pursuant to this paragraph shall include at least the elements defined in paragraph C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993.
;
c
after condition 46 there shall be inserted the following condition —
Condition 46A
Relevant Private Circuits
46A.1
The Licensee shall provide a minimum set of Relevant Private Circuits in accordance with Schedule 2 to the Telecommunications (Leased Lines) Regulations 1993.The Licensee must ensure, if it provides other Relevant Private Circuits beyond the minimum set, that such provision does not impede the provision of the minimum set.
46A.2
The Licensee shall not terminate an existing offering of a Relevant Private Circuit unless —
a
the offering has continued for a reasonable period of time; and
b
the Licensee has consulted with the users affected.
Without prejudice to any other remedy or right of appeal which the user may have in law or pursuant to contract or these conditions, where the user does not agree with the termination date as envisaged by the Licensee, he may bring the case before the Director.
46A.3
The Licensee shall not take for reasons of the alleged failure of the user of a Relevant Private Circuit to comply with the usage conditions any measure (including, without prejudice to the generality of the foregoing, the refusal to provide a Relevant Private Circuit, the interruption of the provision of Relevant Private Circuits or the reduction of the availability of Relevant Private Circuit features) unless —
a
the measure is a specified measure authorized by the Director in the case of a defined infringement of usage conditions; or
b
the Licensee has been notified pursuant to regulation 7(3) of the Telecommunications (Leased Lines) Regulations 1993 that the Director consents to the taking of the measure.
46A.4
The Licensee shall ensure that tariffs for Relevant Private Circuits follow the basic principles of cost orientation and transparency in accordance with the following rules —
a
tariffs for Relevant Private Circuits shall be independent of the type of application which the users of the Relevant Private Circuit simplement;
b
tariffs for Relevant Private Circuits shall normally contain the following elements —
i
an initial connection charge; and
ii
a periodic rental charge, that is to say, a flat-rate element, and when other tariff elements are applied, these must be transparent and based on objective criteria;
c
tariffs for Relevant Private Circuits apply to the facilities provided between Network Termination Points at which the user has access to the Relevant Private Circuits.
For Relevant Private Circuits provided by more than one telecommunications organization, half-circuit tariffs, that is to say, from one Network Termination Point to a hypothetical mid-circuit point, can be applied.
46A.5
The Licensee shall formulate and put in practice, by 31st December 1993 at the latest, a cost accounting system suitable for the implementation of paragraph 46A.4.Without prejudice to the generality of the foregoing, that system shall include the following elements —
a
the cost of Relevant Private Circuits shall in particular include the direct costs incurred by the Licensee for setting up, operating and maintaining them, and for marketing and billing them; and
b
common costs, that is to say, costs which can neither be directly assigned to Relevant Private Circuits nor to other activities, are allocated as follows —
i
whenever possible, common cost categories shall be allocated based upon direct analysis of the origin of the costs themselves;
ii
when direct analysis is not possible, common cost categories shall be allocated based upon an indirect linkage to another cost category or group of cost categories for which a direct assignment or allocation is possible, and such indirect linkage shall be based on comparable cost structures;
iii
when neither direct nor indirect measures of cost allocation can be found, the cost category shall be allocated based upona general allocator computed by using the ratio of all expenses directly or indirectly assigned or allocated, on the one hand, to Relevant Private Circuits and, on the other hand, to other services.
After 31st December 1993, other cost accounting systems may be applied only if they are suitable for the implementation of paragraph 46A.4 and have as such been approved by the Director for application by the Licensee.
; and
d
in condition 53 —
i
at the beginning of paragraph 53.3 there shall be inserted “Subject to paragraph 53.3A,”;
ii
after paragraph 53.3 there shall be inserted the following —
53.3A
In relation to Relevant Private Circuits, the Licensee shall not beheld to have failed to comply with these Conditions if the Licensee takes the following measures in order to safeguard the security of network operations during the period when an emergency situation prevails —
a
the interruption of the service;
b
the limitation of service features; or
c
the denial of access to the service,
provided that the following conditions are satisfied —
i
the Licensee makes every reasonable endeavour to ensure that service is maintained to all users; and
ii
the Licensee takes as soon as reasonably possible all reasonable steps to notify the users and the Director of the beginning and the end of the emergency as well as the nature and extent of temporary service restrictions;
and in this paragraph, an emergency situation means an exceptional case of force majeure, which, without prejudice to the generality thereof, includes extreme weather, flood, lightning or fire, industrial action or lockouts, war, military operations, or civil disorder.
;
iii
after paragraph 53.5A there shall be inserted the following —
53.5B
Nothing in these conditions shall prevent the Licensee, where it considers it unreasonable to provide a Relevant Private Circuit in response to a particular request under its tariffs and supply conditions published pursuant to paragraph 16.3B, from varying those conditions in that case with the consent of the Director.
; and
iv
in the headpiece of paragraph 53.12 between “40” “and 47” there shall be inserted “46A.3 to 46A.5”.
Modification of the Hull licence
5
The conditions of the Hull licence are hereby modified as follows —
a
in paragraph 1 of Part 1 of Schedule 1 (definitions, interpretations and transitional provisions relating to the conditions in Schedule 1) —
i
in sub-paragraph (x) (definition of Private Circuit) there shall be added at the end the following tailpiece —
and a “Relevant Private Circuit” means a Private Circuit, not being a Private Circuit provided by the Licensee for another public telecommunications operator, where —
i
at least one Network Termination Point of which is located within the United Kingdom and all the network termination points of that circuit, and of any half circuit to which it is connected, are located within the European Economic Community; and
ii
the agreement between the Licensee and the user to provide the Private Circuit does not provide for messages to be conveyed thereby to be routed via a satellite link (notwithstanding that they may be so conveyed);
; and
ii
for all after sub-paragraph (ff) (definition of Systems Business) there shall be substituted the following —
gg
“Telephone” means an item of telecommunication apparatus capable when connected to the Licensees' public switched telephone network of transmitting and receiving uninterrupted simultaneous two way speech conveyed, or as the case may be to be conveyed, by means of that network; and
hh
“users” means end users and service providers, including telecommunications organizations where the latter are engaged in providing services which are or may be provided also by others.
;
b
in condition 15 —
i
in the headpiece of paragraph 15.1 at the beginning there shall be inserted “In relation to services other than the provision of Relevant Private Circuits,”;
ii
in the headpiece of paragraph 15.4 after “notice” there shall be inserted “referred to in paragraph 15.1(a)”; and
iii
after paragraph 15.4 there shall be inserted the following —
15.4A
The Licensee shall publish by notice in accordance with the presentation given in paragraphs A to C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993 information on offerings on technical characteristics, tariffs and supply and usage conditions in respect of Relevant Private Circuits.The information shall be published in the manner provided for in paragraph 15.3. Where the information concerns new types of Relevant Private Circuit offerings, it shall be published as soon as possible, and no later than two months before the implementation of the offering.Changes in existing offerings shall be published as soon as possible and, unless the Director agrees otherwise, no later than two months before the implementation.The supply conditions published pursuant to this paragraph shall include at least the elements defined in paragraph C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993.
;
c
after condition 48 there shall be inserted the following condition —
Condition 48A
Relevant Private Circuits
48A.1
The Licensee shall provide a minimum set of Relevant Private Circuits in accordance with Schedule 2 to the Telecommunications (Leased Lines) Regulations 1993.The Licensee must ensure, if it provides other Relevant Private Circuits beyond the minimum set, that such provision does not impede the provision of the minimum set.
48A.2
The Licensee shall not terminate an existing offering of a Relevant Private Circuit unless —
a
the offering has continued for a reasonable period of time; and
b
the Licensee has consulted with the users affected.
Without prejudice to any other remedy or right of appeal which the user may have in law or pursuant to contract or these conditions, where the user does not agree with the termination date as envisaged by the Licensee, he may bring the case before the Director.
48A.3
The Licensee shall not take for reasons of the alleged failure of the user of a Relevant Private Circuit to comply with the usage conditions any measure (including, without prejudice to the generality of the foregoing, the refusal to provide a Relevant Private Circuit, the interruption of the provision of Relevant Private Circuits or the reduction of the availability of Relevant Private Circuit features) unless —
a
the measure is a specified measure authorized by the Director in the case of a defined infringement of usage conditions; or
b
the Licensee has been notified pursuant to regulation 7(3) of the Telecommunications (Leased Lines) Regulations 1993 that the Director consents to the taking of the measure.
48A.4
The Licensee shall ensure that tariffs for Relevant Private Circuits follow the basic principles of cost orientation and transparency in accordance with the following rules —
a
tariffs for Relevant Private Circuits shall be independent of the type of application which the users of the Relevant Private Circuits implement;
b
tariffs for Relevant Private Circuits shall normally contain the following elements —
i
an initial connection charge; and
ii
a periodic rental charge, that is to say, a flat-rate element, and when other tariff elements are applied, these must be transparent and based on objective criteria;
c
tariffs for Relevant Private Circuits apply to the facilities provided between network termination points at which the user has access to the Relevant Private Circuits.
For Relevant Private Circuits provided by more than one telecommunications organization, half-circuit tariffs, that is to say, from one network termination point to a hypothetical mid-circuit point, can be applied.
48A.5
The Licensee shall formulate and put in practice, by 31st December 1993 at the latest, a cost accounting system suitable for the implementation of paragraph 48A.4 Without prejudice to the generality of the foregoing, that system shall include the following elements —
a
the costs of Relevant Private Circuits shall in particular include the direct costs incurred by the Licensee for setting up, operating and maintaining them, and for marketing and billing them; and
b
common costs, that is to say, costs which can neither be directly assigned to Relevant Private Circuits nor to other activities, are allocated as follows —
i
whenever possible, common cost categories shall be allocated based upon direct analysis of the origin of the costs themselves;
ii
when direct analysis is not possible, common cost categories shall be allocated based upon an indirect linkage to another cost category or group of cost categories for which a direct assignment or allocation is possible, and such indirect linkage shall be based on comparable cost structures;
iii
when neither direct nor indirect measures of cost allocation can be found, the cost category shall be allocated based upon a general allocator computed by using the ratio of all expenses directly or indirectly assigned or allocated, on the one hand, to Relevant Private Circuits and, on the other hand, to other services.
After 31st December 1993, other cost accounting systems may be applied only if they are suitable for the implementation of paragraph 48A.4 and have as such been approved by the Director for application by the Licensee.
; and
d
in condition 54 —
i
at the beginning of paragraph 54.3, there shall be inserted “Subject to paragraph 54.3A,”;
ii
after paragraph 54.3, there shall be inserted the following —
54.3A
In relation to Relevant Private Circuits, the Licensee shall not be held to have failed to comply with these Conditions if the Licensee takes the following measures in order to safeguard the security of network operations during the period when an emergency situation prevails —
a
the interruption of the service;
b
the limitation of service features; or
c
the denial of access to the service,
provided that the following conditions are satisfied —
i
the Licensee makes every reasonable endeavour to ensure that service is maintained to all users; and
ii
the Licensee takes as soon as reasonably possible all reasonable steps to notify the users and the Director of the beginning and the end of the emergency as well as the nature and extent of temporary service restrictions;
and in this paragraph, an emergency situation means an exceptional case of force majeure, which, without prejudice to the generality thereof, includes extreme weather, flood, lightning or fire, industrial action or lockouts, war, military operations, or civil disorder.
;
iii
after paragraph 54.4, there shall be inserted the following —
54.4A
Nothing in these conditions shall prevent the Licensee, where it considers it unreasonable to provide a Relevant Private Circuit in response to a particular request under its tariffs and supply conditions published pursuant to paragraph 15.4A, from varying those conditions in that case with the consent of the Director.
; and
iv
in the headpiece of paragraph 54.13 for “and 41” there shall be substituted “, 41 and 48A.3 to 48A.5”.
Modification of the Mercury licence
6
The conditions of the Mercury licence are hereby modified as follows —
a
in paragraph 1 of Part 1 of Schedule 1 (definitions, interpretations and transitional provisions relating to the conditions in Schedule 1) —
i
in sub-paragraph (w) (definition of Private Circuit) there shall be added at the end the following tailpiece —
and a “Relevant Private Circuit” means a Private Circuit, not being a Private Circuit provided by the Licensee for another public telecommunications operator, where —
i
at least one Network Termination Point of which is located within the United Kingdom and all the network termination points of that circuit, and of any half circuit to which it is connected, are located within the European Economic Community; and
ii
the agreement between the Licensee and the user to provide the Private Circuit does not provide for messages to be conveyed thereby to be routed via a satellite link (notwithstanding that they may be so conveyed);
; and
ii
between sub-paragraph (ee) (definition of the United Kingdom) and the word “and”, there shall be inserted the following sub-paragraph —
eeA
“users” means end users and service providers, including telecommunications organizations where the latter are engaged in providing services which are or may be provided also by others;
;
b
after condition 1 there shall be inserted the following condition —
Condition 1A
Relevant Private Circuits
1A.1
The Licensee shall not terminate an existing offering of a Relevant Private Circuit unless —
a
the offering has continued for a reasonable period of time; and
b
the Licensee has consulted with the users affected.
Without prejudice to any other remedy or right of appeal which the user may have in law or pursuant to contract or these conditions, where the user does not agree with the termination date as envisaged by the Licensee, he may bring the case before the Director.
1A.2
The Licensee shall not take for reasons of the alleged failure of the user of a Relevant Private Circuit to comply with the usage conditions any measure (including, without prejudice to the generality of the foregoing, the refusal to provide a Relevant Private Circuit, the interruption of the provision of Relevant Private Circuits or the reduction of the availability of Relevant Private Circuit features) unless —
a
the measure is a specified measure authorized by the Director in the case of a defined infringement of usage conditions; or
b
the Licensee has been notified pursuant to regulation 7(3) of the Telecommunications (Leased Lines) Regulations 1993 that the Director consents to the taking of the measure.
;
c
in condition 15 —
i
in the headpiece of paragraph 15.1 at the beginning there shall be inserted “In relation to services other than the provision of Relevant Private Circuits,”;
ii
in the headpiece of paragraph 15.3 after “notice” there shall be inserted “referred to in paragraph 15.1(a)”; and
iii
after paragraph 15.3 there shall be inserted the following —
15.3A
The Licensee shall publish by notice in accordance with the presentation given in paragraphs A to C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993 information on offerings on technical characteristics, tariffs and supply and usage conditions in respect of Relevant Private Circuits.The information shall be published in the manner provided for in paragraph 15.3. Where the information concerns new types of Relevant Private Circuit offerings, it shall be published as soon as possible, and no later than two months before the implementation of the offering.Changes in existing offerings shall be published as soon as possible and, unless the Director agrees otherwise, no later than two months before the implementation. The supply conditions published pursuant to this paragraph shall include at least the elements defined in paragraph C of Schedule 1 to the Telecommunications (Leased Lines) Regulations 1993.
; and
d
in condition 50 —
i
at the beginning of paragraph 50.3, there shall be inserted “Subject to paragraph 50.3A,”;
ii
after paragraph 50.3, there shall be inserted the following —
50.3A
In relation to Relevant Private Circuits, the Licensee shall not be held to have failed to comply with these Conditions if the Licensee takes the following measures in order to safeguard the security of network operations during the period when an emergency situation prevails —
a
the interruption of the service;
b
the limitation of service features; or
c
the denial of access to the service, provided that the following conditions are satisfied —
i
the Licensee makes every reasonable endeavour to ensure that service is maintained to all users; and
ii
the Licensee takes as soon as reasonably possible all reasonable steps to notify the users and the Director of the beginning and the end of the emergency as well as the nature and extent of temporary service restrictions;
and in this paragraph, an emergency situation means an exceptional case of force majeure which, without prejudice to the generality thereof, includes extreme weather, flood, lightning or fire, industrial action or lockouts, war, military operations, or civil disorder.
;
iii
after paragraph 50.4A, there shall be inserted the following —
50.4B
Nothing in these conditions shall prevent the Licensee, where it considers it unreasonable to provide a Relevant Private Circuit in response to a particular request under its tariffs and supply conditions published pursuant to paragraph 15.3A, from varying those conditions in that case with the consent of the Director.
; and
iv
in the headpiece of paragraph 50.12 before “12” there shall be inserted “1A.2”.
Functions of the Director and the Secretary of State
7
1
The Director shall —
a
from time to time publish in an appropriate manner so as to provide easy access thereto for users information on the licensing and declaration requirements for private circuits in accordance with the presentation given in paragraph D of Schedule 1 to these Regulations; and
b
in keeping the approvals register, in causing particulars to be entered in that register regarding the information in respect of the conditions for the attachment of terminal equipment to private circuits, enter that information in accordance with the presentation given in paragraph E of the said Schedule 1.
2
The Director shall from time to time by notice published in the London, Edinburgh and Belfast Gazettes provide references to the publication of information in respect of private circuits —
a
by —
i
BT pursuant to paragraph 16.3B of the conditions of the BT licence;
ii
Hull pursuant to paragraph 15.4A of the conditions of the Hull licence; and
iii
Mercury pursuant to paragraph 15.3A of the conditions of the Mercury licence;
regarding the information in respect of offerings and technical characteristics, tariffs and supply and usage conditions; and
b
by himself —
i
regarding the information in respect of licensing and declaration requirements which he is required to publish pursuant to paragraph (1) of this regulation; and
ii
in the approvals register, regarding the information in respect of the conditions for the attachment of terminal equipment.
3
The Director shall, in relation to any application for consent to the taking of any measure pursuant to paragraph 46A.3(b) of conditions of the BT licence, paragraph 48A.3(b) of the conditions of the Hull licence, or paragraph 1A.2(b) of the conditions of the Mercury licence adopt a procedure providing for a transparent decision-making process in which due respect is given to the rights of the parties, and without prejudice to the generality of the foregoing, the Director shall —
a
give both parties the opportunity to state their case; and
b
notify to the parties in writing the decision and the reasons therefor within oneweek of its adoption.
4
The Director shall encourage the establishment, in accordance with the procedural and substantive rules of competition in the EEC Treaty and in consultation with BT, Hull and Mercury and with users, of —
a
a common ordering procedure for private circuits throughout the Community;
b
a one-stop-ordering procedure for private circuits, to be applied where requested by the user; and
c
a one-stop-billing procedure for private circuits, to be applied where requested by the user, which envisages that all price elements resulting from the national private circuits and the respective parts of international private circuits provided by the telecommunications organizations involved are identified separately in the bill for the user.
5
The Director shall —
a
where he approves a cost accounting system pursuant to paragraph 46A.5 of the conditions of the BT licence or paragraph 48A.5 of the conditions of the Hull licence, inform the Secretary of State, who shall thereupon inform the Commission before the system is applied;
b
keep available, with an adequate level of detail, information on the cost accounting systems applied by BT and Hull pursuant to the said conditions, and, upon receipt by the Secretary of State of a request from the Commission for this information, he shall submit it to the Secretary of State, who shall there upon submit it to the Commission.
6
The Director shall —
a
at least for each calendar year, make available to the Secretary of State statistical reports showing the performance in relation to the supply conditions, in particular (but without prejudice to the generality of the foregoing) with respect to delivery time and repair time, published by BT in accordance with paragraph 16.3B of the conditions of the BT licence, by Hull in accordance with paragraph 15.4A of the conditions of the Hull licence and by Mercury in accordance with paragraph 15.3A of the conditions of the Mercury licence, and the Secretary of State shall send such reports to the Commission no later than five months after the end of the relevant calendar year; and
b
keep available the data on cases where the access to or use of leased lines has been restricted, in particular (but without prejudice to the generality of the foregoing) because of alleged infringements of special or exclusive rights or the prohibition of simple resale of capacity, as well as details of the measures taken, including the reasons therefor, and upon receipt by the Secretary of State of a request from the Commission for this data, he shall submit it to the Secretary of State, who shall thereupon submit it to the Commission.
Patrick McLoughlin
Parliamentary Under-Secretary of State,
Department of Trade and Industry
24th September 1993


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 4) Regulations 1993 and shall come into force on 6th January 1994.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th March 1993” there shall be substituted “6th January 1994”;
b
for “7.75 % per annum” there shall be substituted “7.5 % per annum”.
Timothy Kirkhope
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 1993


text:
1
This Order may be cited as the A564 Trunk Road Stoke — Derby Route (Doveridge Bypass) (Detrunking) Order 1993 and shall come into force on 21st December 1993.
2
In this Order —
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads”
means the new highways which the Secretary of State proposes to construct referred to in article 2 of the A564 Trunk Road Stoke — Derby Route (Doveridge Bypass and Slip Roads) Order 1993 ;
iii
“the trunk road”
means the A50 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Derbyshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
D.J. Morrison
Regional Director East Midlands Region
Department of Transport
30th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Preston Acute Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Preston Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Preston Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Royal Preston Hospital, Sharoe Green Lane, Fulwood, Preston PR2 4HT and associated hospitals;
b
to manage community health services provided from Royal Preston Hospital, Sharoe Green Lane, Fulwood, Preston PR2 4HT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Preston Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Preston Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Preston Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
This Order may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1992 (Commencement) Order 1993.
2
The Maintenance Orders (Reciprocal Enforcement) Act 1992 shall come into force on 5th April 1993.
Mackay of Clashfern ,C.
Dated 25th February 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1993 and shall come into force on19th April 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation) —
a
the definition of “lung cancer” shall be omitted; and
b
after the definition of “prescribed disease” there shall be inserted the following definition —
“primary carcinoma of the lung” means the diseases numbered D8, D10 and D11 in Schedule 1 to these Regulations;
Amendment of regulation 4 of the principal Regulations
3
In regulation 4(1) of the principal Regulations (presumption that a disease is due to the nature of employment) after the words “diseases numbered A10,” there shall be inserted “A12,”.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6(2) of the principal Regulations (date of onset), for the words “lung cancer” in each place where they occur there shall be substituted the words “primary carcinoma of the lung”.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7(1) of the principal Regulations (recrudescence) for the words “lung cancer” there shall be substituted the words “primary carcinoma of the lung”.
Amendment of Schedule 1 to the principal Regulations
6
1
Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) shall be amended in accordance with the following provisions of this regulation.
2
After the entry relating to disease A11 (episodic blanching) there shall be inserted the following entry —
A12
Carpal tunnel syndrome.
The use of hand-held vibrating tools.
.
3
At the end of the entry in column 2 relating to disease C23 (primary neoplasm) there shall be added the following sub-paragraph —
d
exposure to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ ).
.
4
The description of disease D10 shall be amended by substituting for the words “Lung Cancer” the words “Primary carcinoma of the lung”.
5
After the entry relating to disease D10 (primary carcinoma of the lung) there shall be inserted the following entry —
D11
Primary carcinoma of the lung where there is accompanying evidence of silicosis.
Exposure to silica dust in the course of —
the manufacture of glass or pottery;
tunnelling in or quarrying sandstone or granite;
mining metal ores;
slate quarrying or the manufacture of artefacts from slate;
mining clay;
using siliceous materials as abrasives;
cutting stone;
stonemasonry; or
work in a foundry.
Revocation
7
Regulation 3 of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1991 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
25th March 1993