type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Western Isles Islands Council (Breasclete) Harbour Revision Order 1992 and this Order and the Breasclete Harbour Order 1980 may be cited together as the Breasclete Harbour Orders 1980 and 1992.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
In this Order, unless the context otherwise requires —
“the Breasclete Harbour undertaking ” means the undertaking hitherto carried on by Highlands and Islands Enterprise at Breasclete on the west coast of the island of Lewis, including the works together with all lands, buildings, plant and conveniences connected therewith and now vested in the Council by virtue of article 3 below;
“the Council” means the Western Isles Islands Council;
“ Highlands and Islands Enterprise ” means the body established by section 1(b) of the Enterprise and New Towns (Scotland) Act 1990 ;
“the Order of 1980 ” means the Breasclete Harbour Order 1980.
Transfer of pier undertaking
3
1
On the coming into force of this Order there shall be transferred to and vested in the Council (subject to the other provisions of this Order) all the powers of Highlands and Islands Enterprise in relation to the Breasclete Harbour undertaking pursuant to the Order of 1980 and the Harbours Act 1964 and vested in them by section 22 of the Enterprise and New Towns (Scotland) Act 1990 together with all property heritable and moveable and all rights pertaining thereto vested in Highlands and Islands Enterprise and held by them solely for the purposes of the Breasclete Harbour undertaking.
2
To enable the Council to complete a title to any property transferred to and vested in them by virtue of this article by notice of title or otherwise, this Order shall have effect as if it were a general disposition or assignation, as the case may be, of such property granted by Highlands and Islands Enterprise in favour of the Council on the coming into force of this Order.
Contracts to be binding
4
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by Highlands and Islands Enterprise and in force at the commencement of this Order shall so far as they relate to the Breasclete Harbour undertaking be as binding and of as full force and effect in every respect against or in favour of the Council as they have heretofore been against or in favour of Highlands and Islands Enterprise and may be enforced as fully and effectively as if, instead of Highlands and Islands Enterprise, the Council had been a party thereto.
Proceedings not to abate
5
All legal and other proceedings begun before the commencement of this Order and relating to any property or liabilities transferred to the Council under this Order may be carried on with the substitution of the Council as a party to the proceedings in lieu of the authority from whom the property or liabilities was or were transferred and any such proceedings may be amended in such manner as may be necessary for that purpose.
Power to make agreements
6
Nothing in this Order shall affect the right of Highlands and Islands Enterprise and the Council to enter into an agreement for the purpose of regulating the responsibility as between themselves for any liabilities or obligations transferred to the Council by article 4 or 5 above.
Byelaws
7
In addition to the byelaws which may be made by the Council under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 and otherwise, the Council may, in relation to the Breasclete Harbour undertaking, from time to time make such byelaws as they think fit with reference to all or any of the following matters: —
a
for regulating the types of vehicles which may enter or be on any land or premises owned or occupied in connection with the Breasclete Harbour undertaking and the use, placing, loading or unloading, and driving of such vehicles, and giving powers to officers or servants of the Council in relation to such regulation;
b
the management, control and regulation of the said land or premises and of goods, wares and merchandise using or passing over the Breasclete Harbour undertaking;
c
safety precautions to be observed by persons using or being on the said land or premises.
Confirmation of byelaws
8
1
The provisions of subsections (4), (5), (6), (7), (8), (10) and (12) of section 202 and section 203 of the Local Government (Scotland) Act 1973 shall apply to any byelaws made by the Council under the Harbours, Docks, and Piers Clauses Act 1847 or this Order, and in the application of the provisions of the said Act of 1973 the Secretary of State shall be the confirming authority and all byelaws and regulations which are in force at the Breasclete Harbour undertaking at the date of this Order coming into force shall be deemed to be byelaws and regulations of the Council and shall continue in force until altered.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
Amendments and repeals
9
1
The provisions of the Order of 1980 referred to in column (1) of Schedule 1 to this Order shall have effect subject to the amendments specified in column (2) of that Schedule.
2
In the Order of 1980 (except in relation to the preamble thereto) for the word “Board” wherever the same shall appear there shall be substituted the words “the Council”.
3
The provisions of the Order of 1980 specified in column (1) of Schedule 2 to this Order are hereby repealed to the extent specified in column (2) of that Schedule.
Crown rights
10
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise the Council to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
21st May 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing (Right to a Shared Ownership Lease) (Further Advances Limit) (No. 2) Regulations 1992 and shall come into force on 17th August 1992.
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the Housing Act 1985;
b
“social fund payment” means a payment under section 138 of the Social Security Contributions and Benefits Act 1992 ;
c
“tenant” means a person to whom the right to a further advance belongs;
d
a reference to a numbered regulation is to the regulation in these Regulations bearing that number.
Available annual income
2
The amount to be taken into account as a tenant’s available annual income under paragraph 4 of Schedule 9 to the Act (which Schedule deals with the right to further advances) is to be calculated by adding together the amounts which in accordance with regulations 3 to 5 are to be taken into account as his annual income and deducting from the total sums related to his commitments calculated in accordance with regulation 6.
Income from employment
3
1
This regulation applies to income from an employment.
2
The amount to be taken into account as income to which this regulation applies is the tenant’s current annual pay, namely his current pay expressed as an annual amount or, where that amount does not fairly represent his current annual pay, such amount as does.
3
In this regulation —
“employment” includes a part-time employment and an office but does not include a casual or temporary employment; and
“pay” includes any commission, bonus, allowance (other than an expense allowance), tip, gratuity or other payment made to the tenant in connection with his employment but does not include any benefit in kind; and references to pay are references to it before any statutory or other deduction has been made.
Income from a business
4
1
This regulation applies to income from any business (including any trade, profession or vocation) carried on by the tenant, whether or not with any other person.
2
The amount to be taken into account as the tenant’s annual income from the business is an amount which, having regard to the latest available information, fairly represents the current annual net pre-tax profit of the business or, if the tenant shares the net profit with any other person, his share of the net pre-tax profit.
Other income
5
1
This regulation applies to income from any source to which regulation 3 or 4 does not apply.
2
Subject to the following paragraph, the amount to be taken into account as the tenant’s annual income from a source to which this regulation applies is the amount which before any statutory or other deduction represents the tenant’s current income from that source expressed as an annual amount.
3
No account shall be taken of any income-related benefit specified in section 123(1) of the Social Security Contributions and Benefits Act 1992, of any social fund payment under section 138 of that Act, of unemployment benefit under Part II of that Act or of child benefit within the meaning of Part IX of that Act.
Sums related to commitments
6
The sums related to a tenant’s commitments are the total annual amounts currently payable by him —
a
under any written agreement, in respect of the maintenance of his spouse or former spouse or of any dependent child of his under the age of 16;
b
under any loan agreement, hire purchase agreement or other agreement for credit;
c
under any order of a court; or
d
in repayment of an award of a social fund payment,
where liability to make payments is likely to continue for more than eighteen months from the date on which the tenant’s notice mentioned in paragraph 1(2) of Schedule 9 to the Act (tenant’s notice claiming to exercise right to a further advance) was served.
Estimates
7
1
The landlord, or, if the landlord is a housing association, the Corporation, may accept any estimate made for the purposes of regulations 3 to 6.
2
In this regulation “the Corporation” has the meaning assigned by section 2A of the Housing Associations Act 1985 .
Multipliers
8
1
This regulation specifies the appropriate factor to be applied as a multiplier of a tenant’s available annual income in order to ascertain the limit referred to in paragraph 3 of Schedule 9 to the Act.
2
Where the tenant’s income is the principal income, the factor appropriate to his available annual income is that specified in column (2) below being appropriate to his age on the date of service of the notice claiming to exercise his right to acquire an additional share as specified in column (1) below —
(1) (2) Tenant’s age Factor
Under 60 2.5 60 or over but under 65 2.0 65 or over 1.0
3
If the tenant’s income is not the principal income, the factor appropriate to his available annual income is 1.
4
Subject to the following paragraph, a tenant’s income is the principal income for the purposes of this regulation if he is the only tenant with income or, where there is more than one tenant with income, if calculating the limit referred to in paragraph 3 of Schedule 9 to the Act on the assumption that his is the principal income gives no lesser sum as that limit than is given by calculating it on the assumption that any other tenant’s income is the principal income.
Revocation and saving
9
1
Subject to the following paragraph, the Housing (Right to a Shared Ownership Lease) (Further Advances Limit) Regulations 1985 are hereby revoked.
2
Those Regulations shall continue to apply in any case where the tenant’s notice claiming to exercise his right to acquire the additional share was served before 17th August 1992.
3
For the purposes of the preceding paragraph, no account shall be taken of any steps taken under section 177 of the Act (errors and omissions in notices).
4
The Housing (Right to a Shared Ownership Lease) (Further Advances Limit) Regulations 1992 are hereby revoked.
Michael Howard
Secretary of State for the Environment
22nd July 1992
David Hunt
Secretary of State for Wales
23rd July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral Hospital National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 5th June 1992.
2
In this Order:
“the Authority” means Wirral Health Authority;
“the Trust” means the Wirral Hospital 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 7th March 1992 which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 5th June 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
7th May 1992


text:
Citation, commencement and interpretation
1
This Order may be cited as the Devon Ambulance Service National Health Service Trust (Establishment) Amendment Order 1992 and shall come into force on 11th June 1992.
Amendment of Establishment Order
2
In article 4 of the Devon Ambulance Service National Health Service Trust (Establishment) Order 1991 for the words “3 non-executive” there shall be substituted “, 5 non-executive” and for the words “3 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th June 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1992 and shall come into force on 1st March 1992.
2
Regulation 6 (Disabilities) of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended by the substitution for paragraph (1)(b)(ii) of the following paragraphs —
ii
in the case of a person who did not hold an existing licence on 1st January 1983 but who held a licence or an existing licence on 1st March 1992, the visual acuity is worse than 6/9 in the better eye and worse than 6/12 in the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60, or
iii
in any other case, the visual acuity is worse than 6/9 in the better eye or worse than 6/12 in the other eye or, if corrective lenses have tobe worn to ensure that the visual acuity in one eye or both eyes is no worse than 6/9 in the better eye and 6/12 in the other eye, the uncorrected acuity in each eye is worse than 3/60;
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
31st January 1992


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Kent that the new trunk roads are open for through traffic.
2
In this Order–
1
all measurements of distance are measured along the route of the trunk road;
2
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 deposited plan” means the plan numbered RSE A249/2/65/2/5 marked “The A249 Iwade Bypass (Detrunking) Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of The A249 Iwade Bypass Order 1992 ;
iv
“the trunk road” means the A249 Trunk Road.
3
This Order shall come into force on 27th March 1992 and may be cited as the A249 Iwade Bypass (Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
24th February 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 1) Order 1992.
2
In this Order “Schedule 10”means Schedule 10 to the Local Government Finance Act 1992.
Provisions coming into force on 7th March 1992
2
Paragraph 2 of Schedule 10 and so much of paragraph 4 of that Schedule as enables provision to be made by regulations shall come into force on 7th March 1992.
Provisions coming into force on 1st April 1992
3
Paragraph 3 of Schedule 10 and, except insofar as it is already in force, paragraph 4 of that Schedule shall come into force on 1st April 1992.
Michael Heseltine
Secretary of State for the Environment
6th March 1992
David Hunt
Secretary of State for Wales
6th March 1992


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1992 and shall come into force on 28th August 1992.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1989 .
2
For paragraph (3) of regulation 4 of the principal Regulations there shall be substituted the following paragraph —
3
The child who is a refugee referred to in paragraph (1)(c) is —
a
a child recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
b
a child who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly; or
c
a child who is the child of a person who is so recognised or has been granted leave to enter or remain in such circumstances.
.
3
At the end of paragraph (3) of regulation 7 of the principal Regulations, there shall be inserted the words “or a deed of separation”.
4
In paragraphs (3) and (4) of regulation 11 of the principal Regulations, for the sum “£1,065” there shall be substituted the sum “£1,105” in each place where it appears.
5
At the end of paragraph (2) of regulation 12 of the principal Regulations, there shall be inserted the words “or a deed of separation”.
6
In paragraph 3 of Schedule 1 to the principal Regulations (computation of income) —
a
at the end of sub-paragraph (m) the word “or ” shall be deleted;
b
at the end of sub-paragraph (n) the word “or” shall be inserted;
c
after sub-paragraph (n) there shall be inserted the following sub-paragraph —
o
in pursuance of sections 32 and 33 of the Finance Act 1991 (relief for vocational training)
.
7
1
In paragraph 1 of Schedule 2 to the principal Regulations (scales of remission), for the sum “£8,714 ” there shall be substituted the sum “£9,056”.
2
In paragraph 2 of that Schedule —
a
in sub-paragraph (1), after the words “subject to” there shall be inserted the words “paragraph 4 and”; and
b
for the Table there shall be substituted the following Table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils
That part which exceeds £8,890 but does not exceed £9,666 9% 6.75% 5.25% That part (if any) which exceeds £9,666 but does not exceed £10,456 12% 9% 7% That part (if any) which exceeds £10,456 but does not exceed £12,022 15% 11.25% 8.75% That part (if any) which exceeds £12,022 but does not exceed £14,433 21% 15.75% 12.25% That part (if any) which exceeds £14,433 but does not exceed £17,578 24% 18% 14% That part (if any) which exceeds £17,578 33% 24.75% 19.25%
3
After paragraph 3 of that Schedule, there shall be inserted the following paragraph —
4
1
Where the school has awarded a bursary or scholarship in respect of the assisted pupil, the amount of the bursary or scholarship shall be ignored for the purpose of calculating the parents' residual liability.
2
That residual liability shall be reduced or extinguished by the bursary or scholarship.
3
Where the amount of any such bursary or scholarship exceeds the parents' residual liability, the excess shall be deducted from the relevant reimbursement claim in respect of the assisted pupil.
John Patten
Secretary of State for Education
17th July 1992
David Hunt
Secretary of State for Wales
17th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Ayrshire Hospitals National Health Service Trust (Appointment of Trustees) Order 1992, and shall come into force on 1st October 1992.
2
In this Order unless the context otherwise requires —
“the Act” means the National Health Service (Scotland) Act 1978;
“the trust” means the South Ayrshire Hospitals National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the trust under section 12G of the Act.
Fraser of Carmyllie
Scottish Office
St Andrew’s House,
Edinburgh
27th September 1992


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) (No. 3) Regulations 1992 and shall come into force on 11th January 1993.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “10.8 per cent.” substitute “8.55 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) (No. 2) Regulations are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment.
G. S. K. Young
Minister of State,
Department of the Environment
10th December 1992
David Hunt
Secretary of State for Wales
14th December 1992


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 5) Order 1992 and shall come into force on 1st February 1993.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 4) 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 — 1stJune 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 emrule; 1st January 1987 Mexico — 1st September 1991 Monaco — 1st February 1993 Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 Poland — 1st November 1992 Portugal — 1st August 1986 Romania — 1st February 1993 Spain — 1st September 1987 Sweden — 1st June 1989 Switzerland — 1st August 1986 United States — 1st July 1988 Yugoslavia — 1st December 1991
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Bristol Healthcare 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 Bristol and District Health Authority;
“the Trust” means the United Bristol Healthcare National Health Service Trust;
“the trust property” means the items specified in schedules of trust property prepared by and agreed upon by the Authority and the Trust on 21st February 1992, which schedules have 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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chester and Halton Community National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on24th February 1992.
2
In this Order:
“the Authority” means Halton Health Authority;
“the Trust” means the Chester and Halton Community National Health Service Trust;
“the trust property” means the items specified in schedules of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 24th February 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
28th January 1992


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Abhainn Mhungasdail) Water Order 1992 and shall come into force on 20th April 1992.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Abhainn Mhungasdail) Water Order 1992 Plan of Catchment Area” and “The Highland Regional Council (Abhainn Mhungasdail) Water Order 1992 Plans & Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of sections 2 and 10(3) and (4) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake pipe (Work No.3), take water from the stream known as the Abhainn Mhungasdail in the Lochaber District of the Highland Region.
5
1
During the construction of the works the Council may take from the said Abhainn Mhungasdail such water as they may require for such construction.
2
After the completion of the works the Council shall not —
a
take any water from the said Abhainn Mhungasdail so as to reduce the rate of flow therein below 386 cubic metres per day as measured through or over an approved gauge (part of Work No.1);
b
in any one day take from the said Abhainn Mhungasdail a quantity of water greater than 50 cubic metres as measured through or over an approved gauge (part of Work No.2).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
T. D. Macdonald
Deputy Chief Engineer, Scottish Office
The Scottish Office Environment Department,
Perth Street,
Edinburgh
13th April 1992


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Off Road Events) Regulations 1992 and shall come into force on 1st July 1992.
Authorising Bodies
2
The following bodies are authorising bodies for the purposes of these Regulations, namely: —
Amateur Motor Cycle Association Limited;
Association of Rover Clubs Limited;
the Auto-Club Union;
the British Schoolboy Motorcycle Association;
the International Organisation of Professional Drivers Limited;
the National Autograss Sport Association Limited;
NORA 92 Limited;
National Traction Engine Trust;
the Royal Automobile Club;
Scottish Auto Cycle Union Limited; and
Youth Motorcycle Sport Association ( YMSA ) Limited.
3
1
Subject to paragraph (3) below, an authorising body may give an authorisation for a motoring event for the purposes of section 13A of the Road Traffic Act 1988 upon such conditions as it thinks fit.
2
An authorisation for a motoring event given by an authorising body may be revoked by that body or by a person authorised by that body at any time before the event is held or while it is being held.
3
Every authorisation for a motoring event must include a condition that the event must not be held: —
a
unless written notice of the proposal to hold the event has been delivered in accordance with the requirements of paragraph (4) below to a police station in each police area in which it is intended that the event is to be held;
b
other than at the place and during the period specified in each such notice.
4
In order for a notice of a proposal to hold a motoring event to be delivered to a police station in accordance with the requirements of this paragraph, it must: —
a
specify the name and address of the person (or of one of the persons) proposing to organise the event;
b
specify the place where the event is intended to be held;
c
specify the period during which the event is intended to be held stating in particular the date and time when the event is intended to begin; and
d
be delivered to the police station at least 6 weeks before that date unless a shorter period is agreed by or on behalf of the chief officer of police for the police area in which the police station is situated.
Fees
4
1
A person applying to an authorising body for an authorisation for a motoring event shall pay to that body a fee of such amount as may be determined by that body.
2
An authorising body may determine different fees for different classes of events and for events of the same class held in different circumstances.
Transitional
5
Regulation 3(3) shall not apply to an authorisation in so far as it authorises an event to be held during a period ending before 1st October 1992.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
3rd June 1992
David Hunt
Secretary of State for Wales
9th June 1992
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
9th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No.2) Order 1992 and shall come into force on 7th January 1993.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 8 of the principal Order
2
In article 8 of the principal Order (general conditions of awards in respect of disablement), after paragraph (2) there shall be inserted the following paragraphs —
2A
An award under this Part of this Order shall not be made in respect of —
a
noise-induced sensorineural hearing loss; or
b
a related condition or symptom if it is accompanied by noise-induced sensorineural hearing loss,
unless the degree of disablement from that loss alone is assessed as being at least 20 per cent.
2B
For the purposes of paragraph (2A) and article 9, “noise-induced sensorineural hearing loss” means damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise, and a condition or symptom is to be treated as related to such hearing loss if it is another condition, or a symptom, which is the consequence of damage to the cochlear hair cells of the inner ear which is caused by the exposure of the cochlea to noise.
.
Amendment of article 9 of the principal Order
3
In article 9 of the principal Order (determination of degree of disablement), after paragraph (2) there shall be inserted the following paragraphs —
2A
Where the average hearing loss at frequencies of 1, 2 and 3 kHz is not 50 dB or more in each ear, the degree of disablement in respect of that loss shall be assessed at less than 20 per cent.
2B
Neither noise-induced sensorineural hearing loss nor a related condition or symptom shall be taken into account in determining a member’s total degree of disablement if the degree of disablement in respect of that loss alone is less than 20 per cent.
.
Transitional provision
4
1
Where the degree of disablement in respect of noise-induced sensorineural hearing loss, or in respect of such hearing loss and a related condition or symptom, is assessed at less than 20 per cent, and a claim for an award in respect of that disablement was made prior to 7th January 1993, payment of any award resulting from that claim shall be made as though articles 2 and 3 of this Order were omitted.
2
Expressions used in this article which are defined in the principal Order shall have the same meaning in this article as they have in the principal Order.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Libya (United Nations Sanctions) (Channel Islands) Order 1992 and shall come into force on 15th April 1992.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling, suspending or postponing the operation of the resolution adopted by it on 31st March 1992, this Order shall cease to have effect or its operation shall be suspended or postponed, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:
“arms” includes conventional, chemical, biological and nuclear weapons and ballistic missiles;
“Chief Revenue Officer” and “States Revenue Officer” —
shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
mean, in the application of this Order to the Bailiwick of Jersey, the Agent of the Impoôts (including the Deputy Agent of the Impoôts and any person duly authorised by the Agent of the Impoôts);
“export” includes shipment as stores and, in relation to any vessel or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Libyan aircraft” means —
any aircraft registered in Libya, and
any other aircraft for the time being chartered to a person connected with Libya;
“person connected with Libya” means
the Government of Libya;
any other person in, or resident in, Libya;
any body incorporated or constituted under the law of Libya;
any body, wherever incorporated or constituted, which is controlled by the Government of Libya, any other person in, or resident in, Libya or any body incorporated in or constituted under the law of Libya; and
any person acting on behalf of any of the above mentioned persons;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police force;
the terms “shipment”, “stores” and “vessel” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972.
Supply of certain goods to Libya
3
Except under the authority of a licence granted under this article or article 4 below —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall supply or deliver any goods specified in Schedule I to this Order to or to the order of a person connected with Libya.
Exportation of certain goods to Libya
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
the goods specified in Schedule I to this Order are prohibited to be exported from any of the Channel Islands to any destination in Libya or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Libya.
Licensing arrangements for arms
5
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall assign or transfer to any person connected with Libya, or enter into any licensing agreement or other arrangement for the use by, any person connected with Libya, of —
a
any copyright;
b
any patent or application for a patent or any right in or under any patent;
c
any registered design, industrial design or utility model;
d
any design right or any document recording the design;
e
any trade mark or service mark; or
f
any technical information or know-how,
for or in connection with the manufacture or maintenance of any goods specified in Part A of Schedule I to this Order.
Supply of certain technical advice, assistance or training to Libya
6
Except under the authority of a licence granted —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall provide to a person connected with Libya any technical advice, assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule I to this Order.
Servicing of Libyan aircraft
7
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall provide engineering or maintenance servicing for any Libyan aircraft or any component of any Libyan aircraft.
Insurance of Libyan aircraft
8
1
This article applies to any contract of insurance, other than a contract ofre-insurance, upon a Libyan aircraft or upon the machinery, tackle, furniture or equipment of a Libyan aircraft.
2
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
make payment in full or partial settlement of any claim under a contract of insurance to which this article applies, unless the claim is in respect of an incident occurring before the coming into force of this Order;
ii
effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this article applies.
Libyan Arab Airlines
9
1
No person shall carry on any business, or establish or maintain any place of business, under the name of “Libyan Arab Airlines”.
2
Except under the authority of a licence granted under this paragraph —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person —
i
shall establish or maintain any place of business in connection with the carriage of persons or goods by air (whether to or from the Channel Islands or elsewhere) by any person connected with Libya;
ii
connected with Libya shall carry on any business of carrying persons or goods by air (whether to or from the Channel Islands or elsewhere).
Bonds and indemnities
10
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
make any payment to or to the order of any person connected with Libya under or in respect of a bond to which this article applies;
ii
do any act for the purpose of obtaining payment, or make any payment, in respect of any right to indemnity in respect of any bond to which this article applies, where payment under the bond is, or would, if payment were to be made by a person referred to in article 11(1) below, be, unlawful by virtue of sub-paragraph (a) of this paragraph.
2
A bond to which this article applies is a bond given in respect of a contract the performance of which is unlawful, wholly or in part, by virtue of this Order.
3
In this article —
a
“bond” means an agreement under which a person (“the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; and
b
“make payment” means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means.
Application of Articles 3, 5, 6, 7, 8, 9 and 10
11
1
The provisions of articles 3, 5, 6, 7, 8, 9 and 10 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) to (9) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 5, 6, 7, 8, 9 or 10 above shall, in the Bailiwick in question, be guilty of an offence against this Order.
3
In the case of proceedings for an offence in contravention of article 3 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were goods specified in Part A of Schedule I to this Order or that the goods were to be supplied or delivered to or to the order of a person connected with Libya.
4
In the case of proceedings for an offence in contravention of article 5 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the transaction in question was for the transfer to, or the use of the right in question by a person connected with Libya or that the right in question was to be transferred or used for or in connection with the manufacture or maintenance of goods specified in Part A of Schedule I to this Order.
5
In the case of proceedings for an offence in contravention of article 6 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a person connected with Libya or that it related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule I to this Order.
6
In the case of proceedings for an offence in contravention of article 7 or 8 above it shall be a defence for the accused person to prove that he did not know and had no reason to believe that the aircraft was a Libyan aircraft or that the component was part of a Libyan aircraft, as the case may be.
7
In the case of proceedings for an offence in contravention of article 9(2)(a) above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with Libya.
8
In the case of proceedings for an offence in contravention of article 10(1)(a) of this Order, it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Libya; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.
9
In the case of proceedings for an offence in contravention of article 10(1)(b) of this Order, it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Libya; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:
Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.
Customs powers to demand evidence of destination which goods reach
12
Any exporter or any shipper of goods specified in Schedule I to this Order which have been exported from any of the Channel Islands shall, if so required by the Chief Revenue Officer furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order, or
b
a destination to which their exportation was not prohibited by this Order,
and if he fails to do so, he shall be guilty of an offence against this Order and liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine,
unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences etc.
13
1
If for the purpose of obtaining any licence under this Order any person makes a statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
14
1
Any person who is about to leave any of the Channel Islands shall, if on that occasion he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any goods specified in Schedule I to this Order; and
b
produce any such goods as aforesaid which he has with him;
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Obtaining of evidence and information
15
The provisions of Schedule II to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence against this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.
Penalties and proceedings
16
1
Any person guilty of an offence against article 11(2) above shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence against paragraph 5(b) or (d) of Schedule II to this Order shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence against article 13(1) or (2) or article 14(3) above shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding2 years or to a fine or to both.
4
Any person guilty of an offence against article 14(2) above shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
5
Any person guilty of an offence against paragraph 5(a) or (c) of Schedule II to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence against this Order, and that offence is proved 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.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence against this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than twelve months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence against this Order may be taken before the appropriate court in any of the Channel Islands having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence against this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
17
1
The Lieutenant Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Lieutenant Governor shall be construed accordingly.
2
Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
18
This Order applies to or in relation to any body corporate that purports to be incorporated or constituted under the law of any particular place as it applies to or in relation to any body corporate that is so incorporated or constituted.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Colne Valley Water Company Plc (Constitution and Regulation) Order 1992 and shall come into force on 30th March 1992.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposed contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum amd articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 30th MArch 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 30th March 1992.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
2nd March 1992


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Value Added Tax (Place of Supply of Services) Order 1992 and shall come into force on 1st January 1993.
Interpretation
2
In this Order —
“ the Act ” means the Value Added Tax Act 1983;
“ancillary transport services” means loading, unloading, handling and similar activities;
“intra-Community transport of goods” means the transportation of goods which begins in one member State and ends in a different member State;
“pleasure cruise” includes a cruise wholly or partly for the purposes of education or training;
“registration number” means an identifying number assigned to a person by a member State for the purposes of value added tax in that member State.
Revocation
3
The Value Added Tax (Place of Supply) Order 1984 is hereby revoked.
PART II
RULES FOR DETERMINING PLACE OF SUPPLY OF SERVICES
4
The rules for determining where a supply of goods or of services is made shall be varied in accordance with the following provisions of this Order.
Services relating to land
5
Where a supply of services consists of —
a
the grant, assignment or surrender of —
i
any interest in or right over land;
ii
a personal right to call for or be granted any interest in or right over land; or
iii
a licence to occupy land or any other contractual right exercisable over or in relation to land;
b
any works of construction, demolition, conversion, reconstruction, alteration, enlargement, repair or maintenance of a building or civil engineering work;
c
services such as are supplied by estate agents, auctioneers, architects, surveyors, engineers and others involved in matters relating to land,
it shall be treated as made where the land in connection with which the supply is made is situated.
Transport
6
Subject to articles 7 and 10 below, services consisting of the transportation of passengers or goods shall be treated as supplied in the country in which the transportation takes place, and only to the extent that it takes place in that country.
7
For the purposes of article 6 above, there shall be treated as taking place wholly in a country any transportation which takes place partly outside the territorial jurisdiction of that country where —
a
it takes place in the course of a journey between two points in that country, whether or not as part of a longer journey involving travel to or from another country; and
b
the means of transport used does not put in or land in another country in the course of the journey between those two points.
8
Any —
a
goods or services provided as part of a pleasure cruise; or
b
services consisting of the transportation of any luggage or motor vehicle accompanying (in either case) a passenger,
shall be treated as supplied in the same place as the transportation of the passenger is treated as supplied (whether or not they would otherwise be treated as supplied separately); and, for the purpose of this article, a pleasure cruise shall be treated as the transportation of passengers.
9
Subject to article 14 below, where a supply consists of ancillary transport services, it shall be treated as made where those services are physically performed.
10
Subject to article 14 below, where a supply of services consists of the intra-Community transport of goods, it shall be treated as made in the member State in which the transportation of the goods begins.
Services of intermediaries
11
Subject to article 14 below, where services consist of the making of arrangements for the intra-Community transport of goods or of any other activity intended to facilitate the making of such a supply, they shall be treated as supplied in the member State where the transportation of the goods begins.
12
Subject to article 14 below, where services consist of the making of arrangements for the supply by or to another person of ancillary transport services in connection with the intra-Community transport of goods or of any other activity intended to facilitate the making of such a supply, they shall be treated as supplied in the member State where the ancillary transport services are physically performed.
13
Subject to article 14 below, where services consist of the making of arrangements for a supply by or to another person or of any other activity intended to facilitate the making of such a supply, being a supply which is not of a description within articles 9 or 10 above or 16 below, those services shall be treated as supplied in the same place as the supply by or to that other person is treated as made.
Use of customer’s registration number
14
Where a supply of services —
a
falls within articles 10 to 13 above; or
b
consists of ancillary transport services provided in connection with the intra-Community transport of goods,
and the recipient of those services makes use, for the purpose of the supply, of a registration number, then, notwithstanding any provision of this Order to the contrary, the supply shall be treated as made in the member State which issued the registration number if, and only if, the supply would otherwise be treated as taking place in a different member State.
Services supplied where performed
15
Where a supply of services consists of —
a
cultural, artistic, sporting, scientific, educational or entertainment services;
b
services relating to exhibitions, conferences or meetings;
c
services ancillary to, including those of organising, any supply of a description within paragraph (a) or (b) above;
d
the valuation of, or work carried out on, any goods,
it shall be treated as made where the services are physically carried out.
Services supplied where received
16
Where a supply consists of any services of a description specified in any of paragraphs 1 to 7 of Schedule 3 to the Act , and the recipient of that supply —
a
belongs in a country, other than the Isle of Man, which is not a member State; or
b
is a person who belongs in a member State, but in a country other than that in which the supplier belongs, and who —
i
receives the supply for the purpose of a business carried on by him;
ii
has been assigned a registration number by the member State in which he belongs; and
iii
is not treated as having himself supplied the services by virtue of section 7 of the Act ,
it shall be treated as made where the recipient belongs.
Hire of means of transport
17
Where a supply of services consists of the letting on hire of any means of transport and those services would be treated, apart from this article, as supplied in the United Kingdom, they shall not be treated as supplied in the United Kingdom if the effective use and enjoyment of the means of transport during the period of hire takes place outside the member States.
18
Where a supply of services consists of the letting on hire of any means of transport and those services would be treated, apart from this article, as supplied in a place outside the member States, they shall be treated as supplied in the United Kingdom if the effective use and enjoyment of the means of transport during the period of hire takes place in the United Kingdom.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwent Community Health 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 Gwent Community Health 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 Gwent Community Health 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 Llanfrechfa Grange Hospital, Cwmbran, Gwent NP44 8YN and associated hospitals;
b
to manage community health services provided from Grange House, Llan-frechfa Grange Hospital, Cwmbran, Gwent NP44 8YN 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 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
Gwent 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
Gwent 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 Gwent 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 Notification of Cooling Towers and Evaporative Condensers Regulations 1992 and shall come into force on 2nd November 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“cooling tower” means a device whose main purpose is to cool water by direct contact between that water and a stream of air;
“evaporative condenser” means a device whose main purpose is to cool a fluid by passing that fluid through a heat exchanger which is itself cooled by contact with water passing through a stream of air;
“heat exchanger” means a device for transferring heat between fluids which are not in direct contact with one another;
“local authority” means —
in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;
in relation to Scotland, an islands or district council;
“notifiable device” means a cooling tower or an evaporative condenser except —
where it contains no water that is exposed to air; and
where its water supply is not connected; and
where its electrical supply is not connected;
“premises” means all non-domestic premises used for or in connection with the carrying on of a trade, business or other undertaking (whether for profit or not).
Notification of a notifiable device
3
1
Subject to this regulation and to regulation 4, it shall be the duty of each person who has, to any extent, control of premises to ensure that no notifiable device is situated on those premises unless the information set out in the Schedule to these Regulations has been notified in writing, on a form approved for the time being for the purposes of these Regulations by the Health and Safety Executive, to the local authority in whose area the premises are situated.
2
Where the premises are to any extent under the control of the manufacturer of the device, it shall be sufficient compliance with paragraph (1) if the local authority in whose area the premises are situated is notified of the address of the premises and the name and telephone number of a person who has, to any extent, control of those premises.
3
Where a notification has been made in accordance with paragraphs (1) or (2) of this regulation and subsequently a change occurs which affects the particulars notified, a person upon whom the duty is imposed by either of those paragraphs shall ensure that the change is notified in writing to the local authority concerned within one month after its occurrence.
4
Where a notification has been made in accordance with paragraph (1), (2) or (3) of this regulation and subsequently the device ceases to be, and is no longer intended to remain, a notifiable device, a person upon whom the duty is imposed by any of those paragraphs shall as soon as is reasonably practicable after the cessation ensure that the fact is notified in writing to the local authority concerned.
5
Paragraph (4) of this regulation shall not apply in any case where the operation of a notifiable device is suspended for the purposes of maintenance or by reason of seasonal shutdown.
Transitional provision
4
Where a notifiable device is situated on premises before 3rd May 1993, it shall be sufficient compliance with regulation 3 of these Regulations if the notification required by that regulation is made by that date.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
9th September 1992


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan contained in the plan folio numbered HA10/YHNMD/2 and marked “The A63 Trunk Road (Barnhill Lane, Howden Junction Improvement) Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this order and “a new trunk road” means one of those highways;
iii
“the trunk road” means the Liverpool-Leeds-Hull Trunk Road (A63).
This Order shall come into force on 1st December 1992 and may be cited as the A63 Trunk Road (Barnhill Lane, Howden Junction Improvement) Order 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director, Yorkshire and Humberside Region,
Department of Transport
20th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (No. 22) Regulations 1992, and shall come into force on 19th May 1992.
Interpretation
2
In these Regulations “the principal regulations” means the Income Tax (Employments) Regulations 1973 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1), in the definition of “income tax period” for the word “while” there shall be substituted the word “where”.
4
In regulation 24(5) for the words “paragraph (7) of Regulation 26” there shall be substituted the words “paragraph (6) of Regulation 26B”
5
In regulation 26A(3) for “£400” there shall be substituted “£450”.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
27th April 1992


text:
Citation and commencement
1
This Order may be cited as the Education (University Commissioners) Order 1992 and shall come into force on 30th December 1992.
Continuation of duties and powers
2
The University Commissioners' duties and powers shall continue for the period from 31st December 1992 until 1st January 1994.
John Patten
Secretary of State for Education
7th December 1992


text:
1
1
This Order may be cited as the Merchant Shipping (Categorisation of Registries of Overseas Territories) Order 1992 and shall come into force on 13th August 1992.
2
The Merchant Shipping (Categorisation of Registries of Overseas Territories) Order 1991 and the Merchant Shipping (Categorisation of Registries) of Overseas Territories) (Amendment) Order 1991 are hereby revoked.
2
1
For the purposes of section 11 of the Merchant Shipping Act 1988 (regulation of registration of ships in overseas territories by reference to categories of registers) there are hereby established the categories of registry specified in Column 2 of the Schedule to this Order which shall be known by the designation specified thereto in Column 1 of the said Schedule.
2
The relevant overseas territories specified in column 4 of the Schedule are hereby assigned to the categories in Column 2.
3
1
No ship affected by a restriction on registration specified in Column 3 of the Schedule in relation to any category of registry shall be registered under Part I of the Merchant Shipping Act 1894 in a relevant overseas territory assigned to that category.
2
Paragraph (1) above shall be without prejudice to the operation of any provision for the time being in force under the law of any such territory as is mentioned in that paragraph by virtue of which the registration of ships under Part I of the 1894 Act in that territory is, or may be, further restricted.
3
Paragraph (1) above shall not affect until 1st January 1994 the continued registration of any ship in a relevant overseas territory specified in Column 4 in relation to category 2: Limited tonnage and type if it was registered in that territory on 15th July 1992.
4
Ships falling within category 2: Limited tonnage and type in the Schedule are excepted from the restriction on registration in the following circumstances —
a
that the ship is —
i
a fishing vessel, or
ii
a passenger ship intended for, and used only on, non-international voyages; or
iii
a ship of such importance in the special local circumstances that the Secretary of State, with the advice of the Governor or Lieutenant Governor, as the case may be, is satisfied that it would not be appropriate for that ship to be registered elsewhere than in the relevant overseas territory;
and
there are in force arrangements between the Secretary of State and the Governor or the Lieutenant Governor, as the case may be, that any ship to which sub-paragraph (a) above applies will be surveyed and inspected to the standards of regulations, relating to the safety of ships and persons on them and to the protection of health of persons on them and to the prevention of pollution, that would apply to the ship if it were registered in the UK , to the extent set out in the arrangements.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) (No.3) Regulations 1992 and shall come into force on 13th November 1992.
2
Regulation 14 (reserved part of capital receipts) of the Local Authorities (Capital Finance) Regulations 1990 shall be amended by the insertion, at the beginning of paragraphs (1) and (2), of the words “Subject to paragraph (3) below” and, at the end of paragraph (2), of the following paragraphs–
3
For the purposes of section 59(3), the reserved part of a capital receipt shall be–
a
in the case of a receipt falling within paragraph 2 of Part I of Schedule 1 which is received by a local authority during the period beginning on 13th November 1992 and ending on 31st December 1993 (“the relevant period”), 50 per cent., and
b
in the case of any other receipt received by a local authority during the relevant period, other than a receipt to which paragraph (4) below applies, nil per cent.
4
This paragraph applies to–
a
a sum which is a capital receipt by virtue of section 58(1)(b),
b
a capital receipt falling within paragraph 1, 3, 4, 5 or 6 of Part I of Schedule 1 or within Part II of that Schedule, or
c
a capital receipt derived from the disposal by a local authority to any person of a dwelling-house held for the purposes of Part II of the Housing Act 1985 where, within the relevant period, 250 or more such dwelling-houses have been, or (following that disposal) will have been, disposed of by the authority to that person.
.
Michael Howard
Secretary of State for the Environment
11th November 1992
David Hunt
Secretary of State for Wales
12th November 1992


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1992 and shall, in accordance with section 9(2)(a) of the Act of 1992, come into force on 26th April 1992.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act of 1992 using the existing bridge shall be as follows: —
Category 1 vehicles £2.80
Category 2 vehicles £5.60
Category 3 vehicles £8.40
Malcolm Rifkind
Secretary of State for Transport
10th March 1992


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1992 and shall come into force in accordance with articles 2 to 4.
2
This Order applies in relation to maintained schools in England only.
3
In this Order —
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Art in the National Curriculum (England)” ; and
references to the first, second and third key stages are references to the periods set out in paragraphs (a) to (c) respectively of section 3(3) of the Education Reform Act 1988;
2
The provisions of this Order relating to the first key stage shall come into force —
a
on 1st August 1992 in respect of pupils in the first year of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
3
The provisions of this Order relating to the second key stage shall come into force —
a
on 1st August 1992 in respect of pupils in the first year of that key stage;
b
on 1st August 1993 in respect of pupils in the second year of that key stage;
c
on 1st August 1994 in respect of pupils in the third year of that key stage; and
d
on 1st August 1995 in respect of all other pupils.
4
The provisions of this Order relating to the third key stage shall come into force —
a
on 1st August 1992 in respect of pupils in the first year of that key stage;
b
on 1st August 1993 in respect of pupils in the second year of that key stage; and
c
on 1st August 1994 in respect of all other pupils.
Specification of attainment targets and programmes of study
5
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 6 to 8 below for the purpose of specifying in relation to art —
a
attainment targets; and
b
programmes of study.
6
Attainment targets 1 and 2 set out in the Document are specified in relation to the first, second and third key stages, each statement in those targets which is described as an “end of key stage statement” applying to the key stage to which the statement is expressed to relate.
7
Each programme of study set out in the Document is specified in relation to the key stage to which it is expressed to relate.
8
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by the Order.
Kenneth Clarke
Secretary of State for Education and Science
9th March 1992