text:
PART I
GENERAL
Citation and Commencement
1
These Regulations may be cited as the National Assistance (Assessment of Resources) Regulations 1992 and shall come into force on 1st April 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Assistance Act 1948;
“attendance allowance” has the same meaning as in the Income Support Regulations ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“council tax” shall be construed in accordance with section 1(1) of the Local Government Finance Act 1992 ;
“council tax benefit” means council tax benefit under the Contributions and Benefits Act ;
“couple” has the same meaning as in the Income Support Regulations;
“disability living allowance” means a disability living allowance under the Contributions and Benefits Act ;
“disability working allowance” means a disability working allowance under the Contributions and Benefits Act ;
“dwelling” has the meaning prescribed in section 137(1) of the Contributions and Benefits Act;
“employed earner” shall be construed in accordance with section 2(1)(a) of the Contributions and Benefits Act;
“the Fund” has the same meaning as in the Income Support Regulations ;
“income support” means income support under the Contributions and Benefits Act ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Independent Living Fund” has the same meaning as in the Income Support Regulations ;
“invalidity pension” means an invalidity pension under the Contributions and Benefits Act ;
“less dependent resident” means a resident —
in premises which are neither owned nor managed by a local authority and which are not registered (as respects England and Wales) under the Registered Homes Act 1984 or (as respects Scotland) under Part IV of the Social Work (Scotland) Act 1968 ; or
in premises which are either owned or managed or owned and managed by a local authority but at which residents are not provided with board,
and in this context “board” means at least some cooked or prepared meals which are both cooked or prepared, by a person other than the resident or a member of his family, and consumed at those premises or in associated premises, if the cost of those meals is accounted for as part of the standard rate for the accommodation at those premises;
“liable relative” means a spouse or former spouse of a resident;
“the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No.2) Trust” and “the Macfarlane Trust” have the same meaning as in the Income Support Regulations ;
“mobility supplement” has the same meaning as in the Income Support Regulations;
“partner” has the same meaning as in the Income Support Regulations;
“resident” means a person provided with accommodation under Part III of the Act ;
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Contributions and Benefits Act;
“severe disablement allowance” means a severe disablement allowance under the Contributions and Benefits Act ;
“sickness benefit” means sickness benefit under the Contributions and Benefits Act( ;
“standard rate” means a standard rate fixed in accordance with section 22(2) of the Act ;
“student” has the meaning prescribed in regulation 61 of the Income Support Regulations (interpretation);
“temporary resident” means a resident whose stay is —
unlikely to exceed 52 weeks, or
in exceptional circumstances, unlikely substantially to exceed that period.
2
Where reference is made in these Regulations to the application of a provision in the Income Support Regulations, any reference to “claimant” in the provision of the Income Support Regulations so applied shall be construed as a reference to a resident.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Assessing a resident’s ability to pay
3
For the purposes of section 22(3) of the Act the regulations to which a local authority shall give effect in assessing a resident’s ability to pay are those set out in these Regulations.
Rounding of fractions
4
Where any calculation under these Regulations of a resident’s ability to pay results in a fraction of a penny, that fraction shall, if it would be to the resident’s advantage, be treated as a penny, otherwise it shall be disregarded.
Payment by less dependent residents
5
In assessing a less dependent resident’s ability to pay for his accommodation, a local authority need not apply Parts II to V of these Regulations (treatment of income, treatment of capital, liable relatives and students) if they consider it reasonable in the circumstances not to do so.
Liable relatives
6
Regulations 10 to 19 (income, except calculation of income), 21 to 27 (capital, except capital limit and tariff income) and Part V (students) shall not apply to any payment which is to be calculated in accordance with Part IV (liable relatives).
Students
7
The provisions of Parts II and III (income and capital) shall have effect in relation to students subject to the modifications set out in Part V (students).
Transitional provisions
8
The transitional provisions set out in Schedule 1 shall have effect.
PART II
TREATMENT OF INCOME
Calculation of income
9
1
A resident’s income shall be calculated on a weekly basis —
a
by determining in accordance with this Part the weekly amount of his income; and
b
by adding to that amount his weekly tariff income from capital calculated in accordance with regulation 28 (calculation of tariff income from capital).
2
For the purposes of paragraph (1), “income” includes capital treated as income and notional income under regulations 16 and 17.
Earnings of self-employed earners
10
A resident’s gross earnings derived from employment as a self-employed earner shall be assessed in accordance with the definition of “earnings” in regulation 37 of the Income Support Regulations (earnings of self-employed earners).
Calculation of net profit of self-employed earners
11
1
For the purposes of regulation 12, the earnings of a resident derived from employment as a self-employed earner to be taken into account shall, subject to paragraph (3), be his net profit from that employment.
2
For the purposes of paragraph (1), a resident’s net profit shall be calculated by taking into account his gross earnings from his employment as a self-employed earner less any relevant outgoings, liabilities or expenses.
3
There shall be disregarded from the calculation of a resident’s net profit any sum, where applicable, specified in Schedule 2.
Weekly amount of net profit of self-employed earners
12
1
Subject to paragraphs (2) and (3), the weekly amount of a resident’s income from employment as a self-employed earner shall be determined by reference to his average weekly net profit from that employment —
a
over a period of 52 weeks; or
b
where the resident has recently become engaged in that employment or where there has been a change which is likely to affect the normal pattern of business, over such other period of weeks as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
2
Subject to paragraph (3), where a resident’s earnings consist of or include royalties or sums paid periodically for or in respect of any copyright, those earnings (“the royalties etc. ”) shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the royalties etc. —
a
unless sub-paragraph (b) applies, by the difference between the standard rate for the accommodation provided for that resident and the lower rate for that accommodation which he would be liable to pay if he did not have the royalties etc.;
b
where a resident would be assessed as liable to make no contribution towards the cost of his accommodation if he did not have the royalties etc., by the standard rate for his accommodation.
3
Where a resident’s earnings consist of or include royalties or sums paid periodically for or in respect of any copyright and immediately before the date of one such payment he is in receipt of income support, that payment (“the royalty payment”) shall be taken into account over such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the royalty payment by —
a
unless sub-paragraph (b) applies, the weekly amount of income support which would have been paid to him, had the royalty payment not been made; or
b
in circumstances where the royalty payment has disqualified the resident from receiving income support, the weekly amount referred to in sub-paragraph (a) added to the weekly amount of any part of the royalty payment which would have fallen to be disregarded in the calculation of his income support (as is appropriate to his case).
Earnings of employed earners
13
A resident’s gross earnings derived from employment as an employed earner shall be assessed in accordance with the definition of “earnings” in regulation 28 of the Housing Benefit (General) Regulations (earnings of employed earners) .
Calculation of net earnings of employed earners
14
1
For the purposes of regulation 18, the earnings of a resident derived from employment as an employed earner to be taken into account shall, subject to paragraph (2), be his net earnings calculated in accordance with the method prescribed in regulation 36(3) of the Income Support Regulations (calculation of net earnings of employed earners).
2
There shall be disregarded from the calculation of a resident’s net earnings under paragraph (1) any sum, where applicable, specified in Schedule 2.
Calculation of income other than earnings
15
1
For the purposes of regulation 18, the income of a resident which does not consist of earnings to be taken into account shall, subject to paragraphs (2) and (3), be his gross income and any capital treated as income under regulations 16 and 17 (capital treated as income and notional income).
2
There shall be disregarded from the calculation of a resident’s gross income under paragraph (1) any sum, where applicable, specified in Part I of Schedule 3, in accordance with Part II of that Schedule.
3
Where the payment of any benefit under the Contributions and Benefits Act is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable before that deduction is made.
Capital treated as income
16
1
Any capital payable to the resident by instalments which —
a
are outstanding on the first day from which a resident becomes liable to pay for his accommodation; or
b
where a local authority limits the payments required from a resident for his accommodation pursuant to section 22(5A) of the Act, are outstanding on the first day on which the local authority ceases to limit the payments required from the resident pursuant to section 22(5A) of the Act,
shall, if the aggregate of the instalments outstanding and the amount of the resident’s capital otherwise calculated in accordance with Part III of these Regulations exceeds the amount specified in regulation 41(1) of the Income Support Regulations (capital treated as income), be treated as income.
2
Any payment received under an annuity shall be treated as income.
3
Any earnings to the extent that they are not a payment of income shall be treated as income.
Notional income
17
1
A resident shall be treated as possessing income of which he has deprived himself for the purpose of decreasing the amount that he may be liable to pay for his accommodation.
2
Subject to paragraph (3), a resident shall be treated as possessing any income which would be treated as income possessed by a claimant of income support under paragraphs (2) to (4) of regulation 42 of the Income Support Regulations (notional income).
3
For the purposes of paragraph (2), regulation 42(4) of the Income Support Regulations shall apply as if —
a
for the words in sub-paragraph (a)(ii) from “the food, ordinary” to the end of head (ii) there were substituted the words “any item which was taken into account when the standard rate was fixed for the accommodation provided”; and
b
the words from “except where sub-paragraph (a)(i) applies” to “the Act (trade disputes) applies” were deleted.
4
A resident shall be treated as possessing any income paid or due to be paid to a local authority by a third party pursuant to an agreement between the local authority and the third party made in connection with the liability of the resident to pay the local authority for his accommodation.
Calculation of income derived from employed earners' employment and income other than earnings
18
1
A resident’s net earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account as income —
a
in a case where it is payable in respect of a period, over a period equal to the length of that period and at a weekly amount determined in accordance with regulation 19; or
b
in any other case except where paragraph (2) applies, over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of that income —
i
unless head (ii) applies, by the difference between the standard rate for the accommodation provided for that resident and the lower rate for that accommodation which he would be liable to pay if he did not possess that income;
ii
where a resident would be assessed as liable to make no contribution towards the cost of his accommodation if he did not possess that income, by the standard rate for his accommodation.
2
In a case where a resident’s earnings as an employed earner or income other than earnings are not payable in respect of a period and immediately before a payment of such income (“the income payment”) is made the resident is in receipt of income support, the income payment shall be taken into account over such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the income payment by —
a
unless sub-paragraph (b) applies, the weekly amount of income support which would have been paid to him, had the income payment not been made; or
b
in circumstances where the income payment has disqualified the resident from receiving income support, the weekly amount referred to in sub-paragraph (a) added to the weekly amount of any part of the income payment which would have fallen to be disregarded in the calculation of his income support (as is appropriate to his case).
Weekly amount of income derived from employed earners' income and income other than earnings
19
For the purposes of regulation 18(1)(a) , where the period in respect of which payment is made —
a
does not exceed a week, the weekly amount shall be the amount of that payment;
b
exceeds a week, the weekly amount shall be determined —
i
where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;
ii
where that period is three months, by dividing the amount of the payment by 13;
iii
where that period is a year by dividing the amount of the payment by 52;
iv
in any other case by multiplying the amount of the payment by 7 and dividing the product by the number equal to the number of days in the period in respect of which it is made.
PART III
TREATMENT OF CAPITAL
Capital limit
20
No resident shall be assessed as unable to pay for his accommodation at the standard rate if his capital calculated in accordance with regulation 21 exceeds the amount prescribed for the purposes of section 134(1) of the Contributions and Benefits Act (exclusions from benefit).
Calculation of capital
21
1
The capital of a resident to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under regulation 22.
2
There shall be disregarded from the calculation of a resident’s capital under paragraph (1) any capital, where applicable, specified in Schedule 4.
Income treated as capital
22
1
Any bounty which would be treated as capital under paragraph (1) of regulation 48 of the Income Support Regulations (income treated as capital) shall be treated as capital.
2
Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.
3
Any holiday pay which is not earnings under regulation 13 (earnings of employed earners) shall be treated as capital.
4
Except any income derived from capital disregarded under paragraph 1, 2, 5, 10 or 16 of Schedule 4, any income of a resident which is derived from capital shall be treated as capital but only from the date on which it is normally due to be paid to him.
5
In the case of a resident’s employment as an employed earner, any advance of earnings or any loan made by his employer shall be treated as capital.
6
Any payment which would be treated as capital under paragraph (8) of regulation 48 of the Income Support Regulations (income treated as capital) shall be treated as capital.
7
Any charitable or voluntary payment which is not made or not due to be made at regular intervals, other than one which is made under the Fund, the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust or the Independent Living Fund, shall be treated as capital.
Calculation of capital in the United Kingdom
23
1
Except in a case to which paragraph (2) applies and subject to regulation 27(2), capital which a resident possesses in the United Kingdom shall be calculated at its current market or surrender value (whichever is higher), less —
a
where there would be expenses attributable to sale, 10 per cent; and
b
the amount of any incumbrance secured on it.
2
Capital in the form of a National Savings Certificate —
a
if it was purchased from an issue the sale of which ceased before the 1st July immediately preceding the date on which the resident’s accommodation was provided, shall be calculated at the price which it would have realised on that 1st July had it been purchased on the last day of that issue;
b
in any other case, shall be calculated at its purchase price.
Calculation of capital outside the United Kingdom
24
Capital which a resident possesses in a country outside the United Kingdom shall be calculated in accordance with the method prescribed in regulation 50 of the Income Support Regulations (calculation of capital outside the United Kingdom).
Notional capital
25
1
A resident may be treated as possessing actual capital of which he has deprived himself for the purpose of decreasing the amount that he may be liable to pay for his accommodation except —
a
where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the resident; or
b
to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 26.
2
Subject to paragraph (3), a resident may be treated as possessing any payment of capital which would be treated as capital possessed by a claimant of income support under paragraph (2) or (3) of regulation 51 of the Income Support Regulations (notional capital).
3
For the purposes of paragraph (2) —
a
regulation 51(2) of the Income Support Regulations shall apply as if for the reference to Schedule 10 to those Regulations there were substituted a reference to Schedule 4 to these Regulations; and
b
regulation 51(3)(a)(ii) of the Income Support Regulations shall apply as if for the words from “the food, ordinary” to the end of sub-paragraph (a)(ii) there were substituted the words “any item which was taken into account when the standard rate was fixed for the accommodation provided”.
4
A resident shall be treated as possessing any payment of capital made or due to be made to a local authority by a third party pursuant to an agreement between the local authority and the third party made in connection with the liability of the resident to pay the local authority for his accommodation.
5
Where a resident is treated as possessing capital under any of paragraphs (1), (2) or (4), the foregoing provisions of this Part shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.
Diminishing notional capital rule
26
1
Where a resident is treated as possessing capital under regulation 25(1) (for the purposes of this regulation called “reducible notional capital”), for each week or part of a week that a local authority has determined that the resident shall be liable to pay for his accommodation at a higher rate than that at which he would have been assessed as liable to pay if he had no reducible notional capital, the amount of his reducible notional capital shall be reduced by the method prescribed in paragraph (2).
2
The local authority shall reduce the amount of the resident’s reducible notional capital by the difference between —
a
the higher rate referred to in paragraph (1); and
b
the rate which he would have been assessed as liable to pay for his accommodation for that week or part of a week if he had been assessed as possessing no reducible notional capital.
Capital jointly held
27
1
Where a resident and one or more other persons are beneficially entitled in possession to any capital asset except any interest in land —
a
they shall be treated as if each of them were entitled in possession to an equal share of the whole beneficial interest in that asset; and
b
that asset shall be treated as if it were actual capital.
2
Where a resident and one or more other persons are beneficially entitled in possession to any interest in land —
a
the resident’s share shall be valued at an amount equal to the price which his interest in possession would realise if it were sold to a willing buyer, less than 10 per cent and the amount of any incumbrance secured solely on his share of the whole beneficial interest; and
b
the value of his interest so calculated shall be treated as if it were actual capital.
Calculation of tariff income from capital
28
A resident’s tariff income from capital shall be calculated in accordance with the method prescribed in regulation 53 of the Income Support Regulations (calculation of tariff income from capital), except that for the purposes of this regulation the references in regulation 53(3) of the Income Support Regulations to regulations 48 and 60 of the Income Support Regulations (income treated as capital and liable relative payments treated as capital) shall be construed as references to regulations 22 and 34 of these Regulations (income treated as capital and liable relative payments treated as capital) respectively.
PART IV
LIABLE RELATIVES
Interpretation
29
In this Part, unless the context otherwise requires —
“payment” has the meaning prescribed in regulation 54 of the Income Support Regulations (interpretation), but as though sub-paragraph (h) of the definition in that regulation were omitted and as though the reference in it to a “liable relative” were to a liable relative as defined in regulation 2(1) of these Regulations;
“periodical payment” means —
a payment which is made or due to be made to a resident at regular intervals in pursuance of a court order or agreement for maintenance;
in a case where a liable relative has established a pattern of making payments to a resident at regular intervals, any such payment;
any payment representing a commutation of payments to which sub-paragraph (a) or (b) of this definition applies whether made in arrears or advance,
but does not include a payment due to be made before the resident was provided with his accommodation.
Treatment of liable relative payments
30
Except where regulation 34(1) applies, a payment made to a resident by a liable relative shall be —
a
treated as income; and
b
taken into account in accordance with the following provisions of this Part.
Period over which periodical payments are to be taken into account
31
The period over which a periodical payment is to be taken into account shall be calculated in accordance with the method prescribed in paragraph (1) but not paragraph (2) of regulation 56 of the Income Support Regulations (period over which periodical payments are to be taken into account).
Period over which payments other than periodical payments are to be taken into account
32
1
Subject to the other provisions of this regulation and of regulation 34, the number of weeks over which a payment other than a periodical payment shall be taken into account shall be equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing that payment by the difference between —
a
the standard rate for the resident’s accommodation; and
b
the lower rate for that accommodation which he would have been liable to pay if he had not received that payment.
2
Subject to paragraph (4), where —
a
a liable relative makes a periodical payment and any other payment concurrently; and
b
the weekly amount of the periodical payment, as calculated in accordance with regulation 33, is less than the divisor referred to in paragraph (1),
the number of weeks over which the payment other than the periodical payment shall be taken into account shall be equal to the apposite number of weeks calculated by the method prescribed in paragraph (3).
3
The apposite number of weeks referred to in paragraph (2) shall be the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the other payment by the difference between —
a
the standard rate for the resident’s accommodation; and
b
the lower rate for that accommodation which he would be liable to pay if he had not received the other payment (but had received the periodical payment).
4
Subject to regulation 34, where —
a
a resident receives a payment other than a periodical payment; and
b
immediately before the date on which that payment is made he is in receipt of income support,
the number of weeks over which the payment other than a periodical payment (“the non-periodical payment”) shall be taken into account (whether or not the resident is in receipt of any periodical payments) shall be equal to the apposite number of weeks calculated by the method prescribed in paragraph (5).
5
The apposite number of weeks referred to in paragraph (4) shall be equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the non-periodical payment by —
a
unless sub-paragraph (b) applies, the weekly amount of income support which would have been paid to him, had the non-periodical payment not been made; or
b
in circumstances where the non-periodical payment has disqualified the resident from receiving income support, the weekly amount referred to in sub-paragraph (a) added to the weekly amount of any part of the non-periodical payment which would have fallen to be disregarded in the calculation of his income support (as is appropriate to his case).
Calculation of the weekly amount of a liable relative payment
33
1
Subject to paragraph (2), the weekly amount of a payment made by a liable relative shall be calculated by the method prescribed in regulation 58 of the Income Support Regulations (calculation of the weekly amount of a liable relative payment).
2
For the purposes of paragraph (1), the reference in regulation 58(5) of the Income Support Regulations to regulation 57 of the Income Support Regulations (period over which payments other than periodical payments are to be taken into account) shall be construed as a reference to regulation 32 of these Regulations.
Liable relative payments to be treated as capital
34
1
Subject to paragraph (2), where —
a
a liable relative makes a periodical payment and any other payment concurrently; and
b
the weekly amount of the periodical payment as calculated in accordance with regulation 33 is equal to or greater than the amount of the divisor calculated by the method prescribed in regulation 32(1),
the other payment shall be treated as capital.
2
If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account as a payment other than a periodical payment, in accordance with regulation 32(1) or (4) (as is appropriate to his case).
PART V
STUDENTS
Interpretation
35
In this Part, unless the context otherwise requires —
“access income” means a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944 , sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980 ;
“contribution”, “covenant income” and “education authority” have the meanings prescribed in regulation 61 of the Income Support Regulations (interpretation);
“grant income” means any income by way of any educational grant or award including any contribution (whether paid by covenant or otherwise), except access income;
“standard maintenance grant” has the meaning prescribed in regulation 61 of the Income Support Regulations;
“student loan” means a loan which is made to a student pursuant to arrangements made under one of the provisions specified in regulation 66A(1) of the Income Support Regulations (treatment of student loans).
Calculation of grant income
36
1
The amount of a student’s grant income to be taken into account shall be the amount of standard maintenance grant included in his grant income and the local authority shall disregard the difference between that amount and the whole of his grant income.
2
The amount to be taken into account shall be apportioned —
a
in a case where it is attributable to a period of study, equally between the weeks in that period;
b
in any other case, equally between the weeks of the period in respect of which it is payable.
Covenant income where there is no grant income
37
1
Where a student is not in receipt of any grant income, the amount of covenant income to be taken into account shall be the amount of standard maintenance grant which, had the student been in receipt of a standard maintenance grant, would have been taken into account under regulation 36(1) (calculation of grant income) and the local authority shall disregard the difference between that amount and the total amount of his covenant income.
2
The amount to be taken into account shall be apportioned equally between the weeks of the period in respect of which it is payable.
Relationship with amounts disregarded under Schedule 3
38
No part of a student’s covenant income or grant income shall be disregarded under paragraph 10 of Schedule 3 (charitable or voluntary payments).
Treatment of student loans
39
Student loans shall be treated in accordance with regulation 66A of the Income Support Regulations (treatment of student loans).
Treatment of access income
40
1
Access income paid or due to be paid at regular intervals shall be treated as income other than earnings for the purposes of Part II (treatment of income) and as a voluntary payment for the purposes of paragraph 10 of Schedule 3 (charitable or voluntary payments).
2
Access income not paid or due to be paid at regular intervals shall be treated as capital for the purposes of Part III (treatment of capital).
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
30th November 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 and shall come into force on 10th December 1992.
2
In these Regulations, “the 1990 Act ” means the Town and Country Planning Act 1990.
Application
2
These Regulations apply to applications under section 106A of the 1990 Act and appeals under section 106B of the 1990 Act made in respect of the modification or discharge of planning obligations entered into under section 106 or section 299A of the 1990 Act.
Applications for the modification or discharge of planning obligations
3
1
An application for the modification or discharge of a planning obligation shall be made on a form provided by the local planning authority, which shall require the following information–
a
the name and address of the applicant;
b
the address or location of the land to which the application relates and the nature of the applicant’s interest in that land;
c
sufficient information to enable the authority to identify the planning obligation which the applicant wishes to have modified or discharged;
d
the applicant’s reasons for applying for the modification or discharge of that obligation; and
e
such other information as the authority consider necessary to enable them to determine the application.
2
An application for the modification or discharge of a planning obligation shall include–
a
the information required by the application form;
b
a map identifying the land to which the obligation relates; and
c
such other information as the applicant considers relevant to the determination of the application.
Notification of applications by applicant
4
1
An applicant for the modification or discharge of a planning obligation shall give notice of the application to any person (other than the applicant) against whom, on the day 21 days before the date of the application, the planning obligation is enforceable and whose name and address is known to the applicant.
2
In order to comply with paragraph (1), the applicant shall take reasonable steps to ascertain the name and address of every such person.
3
Where the names and addresses of all such persons are not known to the applicant after he has taken reasonable steps to ascertain that information, he shall, during the 21 day period immediately preceding the application, publish notice of the application in a local newspaper circulating in the locality of the land to which the application relates.
4
The notice required to be served or published by this regulation shall be in the form set out in Part 1 of the Schedule and shall invite representations on the application to be made to the local planning authority within 21 days of the date on which the notice is served or published, as the case may be.
5
An application for the modification or discharge of a planning obligation shall be accompanied by a certificate, in the appropriate form set out in Part 2 of the Schedule, certifying that the requirements in the preceding provisions of this regulation have been satisfied.
Publicity for applications by local planning authority
5
1
When a local planning authority receive an application for the modification or discharge of a planning obligation they shall publicise the application by–
a
posting notice of the application on or near the land to which the planning obligation relates for not less than 21 days; or
b
serving notice of the application on the owners and occupiers of land adjoining that land; or
c
publishing notice of the application in a local newspaper circulating in the locality in which that land is situated.
2
The notice posted, served, or published in accordance with paragraph (1) shall be in the form set out in Part 3 of the Schedule and shall invite representations on the application to be made to the local planning authority within 21 days of the date on which the notice is posted or served, or within 14 days of the date on which the notice is published, as the case may be.
3
The local planning authority shall make a copy of the application and the relevant part of the instrument by which the planning obligation was entered into available for inspection during the period allowed for making representations pursuant to paragraph (2).
4
In paragraph (1)(b) “owner” in relation to any land means any person who–
a
is the estate owner in respect of the fee simple; or
b
is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.
Determination of applications by local planning authority
6
1
A local planning authority shall not determine an application for the modification or discharge of a planning obligation before the expiry of the period or periods provided for making representations in accordance with regulations 4(4) and 5(2).
2
Subject to paragraph (1), a local planning authority shall give the applicant written notice of their decision within–
a
8 weeks from the date on which the application is received; or
b
except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed upon in writing by the applicant and the authority.
3
When a local planning authority determine that a planning obligation shall continue to have effect without modification, the notice of that decision shall–
a
state, clearly and precisely, the authority’s full reasons for their decision; and
b
include a statement to the effect that the applicant may appeal to the Secretary of State against the decision within 6 months of the date of the notice or within such longer period as the Secretary of State may, at any time, allow.
Appeals to the Secretary of State
7
1
An appeal under section 106B of the 1990 Act shall be made with 6 months of–
a
the date of the notice of the decision giving rise to the appeal; or
b
in the case of an appeal under section 106B(1)(a) (non-determination), the expiry of the period specified in regulation 6(2),
or within such longer period as the Secretary of State may, at any time, allow.
2
An appeal under section 106B shall–
a
be made on a form obtained from the Secretary of State;
b
include the information specified in the form; and
c
be accompanied by a copy of–
i
the application made to the local planning authority which has occasioned the appeal;
ii
the certificate which accompanied the application in accordance with regulation 4(5);
iii
the instrument by which the planning obligation which is the subject of the application was entered into;
iv
any correspondence with the authority relating to the application; and
v
the notice of decision, if any.
3
An appellant shall send a copy of the completed notice of appeal form to the local planning authority at the same time as the appeal is made to the Secretary of State.
Determination of appeals by appointed persons
8
Appeals under section 106B of the Town and Country Planning Act 1990 are prescribed for the purposes of paragraph 1(1) of Schedule 6 to that Act as a class of appeals which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.
Michael Howard
Secretary of State for the Environment
9th November 1992
David Hunt
Secretary of State for Wales
9th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverley National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th 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 she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wolverley 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 Wolverley 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 Lea Castle Hospital, Wolverley, Nr. Kidderminster, Worcestershire DY10 3PP and associated hospitals;
b
to manage community health services provided from Lea Castle Hospital, Wolverley, Nr. Kidderminster, Worcestershire DY10 3PP 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
The Kidderminster and District 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 premises to the trust.
2
The Kidderminster and District 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 Kidderminster and District 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.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chase Farm Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Chase Farm 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 Chase Farm 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 to own and manage hospital accommodation and services provided at Chase Farm Hospital, The Ridgway, Enfield, Middlesex EN2 3JL and associated hospitals.
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
The Enfield District 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 premises to the trust.
2
The Enfield District 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 Enfield District 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.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Manufacturer’s Undertakings for Imported Products) Amendment Regulations 1992, and shall come into force on 11th December 1992.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Medicines (Manufacturer’s Undertakings for Imported Products) Regulations 1977 .
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (interpretation), after paragraph (1) there shall be inserted the following paragraph —
1A
In these regulations, “expiry date” means the date after which the medicinal product should not be used.
.
Amendment of regulation 3 of the principal Regulations
4
At the beginning of regulation 3 of the principal Regulations (prescribed conditions for manufacturer’s undertakings) there shall be inserted the words “Subject to regulation 4”.
Insertion of regulation 4 into the principal Regulations
5
After regulation 3 of the principal Regulations there shall be inserted the following regulation —
Exception
4
The conditions prescribed in these regulations shall not apply in relation to an application which indicates that the purposes for which the licence is required relate (wholly or partly) to medicinal products for human use which have been or are to be imported from a member State of the European Economic Community in so far as those purposes relate to those products.
.
Amendment of the Schedule to the principal Regulations
6
1
The Schedule to the principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
After paragraph 2 there shall be inserted the following paragraph —
2A
In relation to medicinal products for human use, the manufacturer shall provide and maintain a designated quality control department having authority in relation to quality control and being independent of all other departments.
;
3
After paragraph 3, there shall be inserted the following paragraph —
3A
In relation to medicinal products for human use, the manufacturer shall maintain an effective pharmaceutical quality assurance system involving the active participation of the management and personnel of the different services involved.
.
4
In paragraph 7, after the word “destroyed” there shall be inserted the following —
a
in relation to a medicinal product for human use, for a period of five years from the date of release of the relevant batch, or for a period of one year after the expiry date of the relevant batch, whichever expires later,
b
in any other case,
.
5
After paragraph 7 there shall be inserted the following paragraphs —
7A
In relation to medicinal products for human use to which a product licence relates, the manufacturer shall keep readily available for examination by a person authorised by the licensing authority, samples of —
a
each batch of finished products for at least a period of one year after their expiry date; and
b
starting materials (other than solvents, gases or water) for at least a period of two years after release of the medicinal product of which the relevant starting materials formed part;
except where the manufacturer is authorised by the licensing authority to destroy such samples earlier.
7B
1
The manufacturer shall implement a system for recording and reviewing complaints in relation to medicinal products for human use to which a product licence relates together with an effective system for recalling promptly and at any time the medicinal products in the distribution network.
2
The manufacturer shall record and investigate all complaints described in sub-paragraph (1) of this paragraph and shall immediately inform the licensing authority of any defect which could result in a recall from sale, supply or exportation or in an abnormal restriction on such sale, supply or exportation.
.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
12th November 1992
David Hunt
Secretary of State for Wales
12th November 1992
Fraser of Carmyllie
Minister of State Scottish Office
12th November 1992
In witness, whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 12th November 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 12th November 1992.
W. J. Hodges
Permanent Secretary


text:
Citation and commencement
1
1
This Order may be cited as the Orkney Islands Area (Electoral Arrangements) Order 1992.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order —
a
a reference to —
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned; and
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps;
b
the expedient of defining a line beyond Mean Low Water Springs has been adopted to apportion islands to the appropriate electoral division; and
c
the following abbreviations are used:
“MLWS” for the shoreline at Mean Low Water Springs;
“ED” for Electoral Division; and
“grid reference” for National Grid Reference as published on Ordnance Survey Maps.
Change of electoral arrangements
3
The existing electoral divisions of the Orkney Islands Area shall be abolished and the said Area shall be divided into twenty-eight electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Orkney Islands Area (Electoral Arrangements) Order 1977 is hereby revoked. Ian Lang One of Her Majesty’s Principal Secretaries of State St Andrew’s House, Edinburgh 13th December 1992


text:
1
This Order may be cited as the A13 Trunk Road (Wennington to Mar Dyke Section, Trunk Road and Slip Roads) Order 1992 and shall come into force on 16th July 1992.
2
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 folio numbered HA10/2E/324 containing a site plan, marked “The A13 Trunk Road (Wennington to Mar Dyke Section, Trunk Road and Slip Roads) 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 main new trunk road and the slip roads and “a new trunk road” means one of those high ways; and
iii
“the Trunk Road” means the London-Tilbury Trunk Road (A13).
3
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
4
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
11th June 1992


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Pensions (Polish Forces) Scheme (Extension) Order 1992, shall be read as one with the Pensions (Polish Forces) Scheme 1964 , (hereinafter referred to as “the Scheme”) and shall come into force on 27th March 1992.
Extension of the Scheme
2
For the purposes of Article 14(1) of the Scheme (duration of the Scheme) the extended period of five years from and including 27th March 1992 is hereby specified, and accordingly payments under the Scheme shall be limited to such as fall due for payment before 27th March 1997.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th February 1992
We consent,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1992


text:
1
The County Council of Avon (Avon Valley Bridge) Scheme 1989 is hereby confirmed with modifications.
2
The said Scheme as confirmed (“the Scheme”) is set out in the Schedule hereto. Copies of the Scheme with its accompanying Schedule are deposited at the offices of the Department of Transport, and at the offices of the County Council of Avon, Floor 6, Avon House, The Haymarket, Bristol and at Hanham Library, High Street, Hanham.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Avon (Avon Valley Bridge) Scheme 1989 Confirmation Instrument 1992.
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director South West Region
Department of Transport
26th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Riverside Mental Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th 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 she has a duty to provide under section 5(1) or (1A) of the Act ;
“ establishment date” means 4th November 1992;
“ operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“ the trust” means the Riverside Mental 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 the Riverside Mental 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 Chiswick Lodge Hospital, Netheravon Road South, London W4 2PZ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Chiswick Lodge Hospital, Netheravon Road South, London W4 2PZ and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from London University.
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
The Riverside 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 Riverside 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 Riverside Health Authority.
Restrictions 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.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Title and commencement
1
These Regulations may be cited as the Organic Products Regulations 1992 and shall come into force on 1st October 1992.
Interpretation
2
1
In these Regulations, except where the context requires otherwise —
“the Council Regulation” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs;
“inspection” means a precautionary or inspection measure described in Annex III of the Council Regulation;
“inspection body”, otherwise than in the expression “private inspection body”, means a private inspection body holding a current approval from Food from Britain under Article 9 of the Council Regulation;
“local authority” means —
in England and Wales, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London,
in Scotland, each islands or district council, and
in Northern Ireland, each district council;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“notification” means a notification of the information specified in Annex IV to the Council Regulation made by an operator under Article 8.1(a) of that Regulation;
“organic products” means products referred to in Article 1.1 of the Council Regulation;
“Specified Community provision” means a provision of the Council Regulation specified in column 1, and described in column 2, of the Schedule to these Regulations.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Council Regulation and in these Regulations any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the Council Regulation.
Designation of authority for the reception of notifications and operation of inspection system, and information to local authorities
3
1
For the purposes of Articles 8 and 9 of the Council Regulation —
a
Food from Britain is designated as —
i
the authority responsible for the reception of notifications under Article 8.1 and making available to interested parties the updated list referred to in Article 8.3;
ii
the inspection authority responsible for the operation of the inspection system referred to in Article 9.1, and
iii
the authority responsible for the approval and supervision of private inspection bodies, in accordance with Articles 9.4 to 9.7, 9.8(a) and (b), 9.9 and 10.3;
b
the Minister is designated as the competent authority for the purposes of Articles 9.9(b) and 10.3(b).
2
Where, following the attempted exercise of its functions under Articles 9.9 or 10.3, Food from Britain or an inspection body has reason to believe that any person is using in any local authority area any indication which Food from Britain and the inspection body are required by that Article to prevent him from using, Food from Britain or the inspection body, as appropriate, shall —
a
notify in writing that use to the local authority of that area, and where such notification is given by a private inspection authority, it shall also notify in writing Food from Britain, and
b
give the local authority any information which the local authority may reasonably require for the purpose of enforcement under regulation 5 in relation to the use of that indication.
Amendment of the Agricultural Marketing Act 1983
4
After section 3 of the Agricultural Marketing Act 1983 there shall be inserted —
Additional functions relating to organic production of agricultural products
3A
1
For the purpose of ensuring that Council Regulation (EEC) No. 2092/91 (relating to organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs) is administered, executed and enforced, Food from Britain shall have the powers set out in subsection (2) below.
2
To the extent provided by the designation of Food from Britain for the purposes of any provision of that Council Regulation, Food from Britain shall have all such functions as may be necessary or expedient for the performance of any responsibilities so designated.
.
Inspection system and information to the Minister
5
1
Food from Britain and each inspection body may make a charge for any inspection of an amount not exceeding the amount of the contribution to inspection expenses for which an operator is liable under Article 9.2, and any such charge payable to Food from Britain or an inspection body shall be recoverable by either Food from Britain or the inspection body as the case may be.
2
For the purposes of Article 9.2 Food from Britain shall ensure that any operator who complies with the provisions of the Council Regulation and pays his contribution to inspection expenses shall have access to the inspection system.
3
For the purposes of Article 10.5, Food from Britain shall inform the Minister of any irregularity of which it becomes aware in the application of the Council Regulation in a product coming from another member State bearing the indication shown in Article 2 or Annex V.
4
For the purposes of the first part of Article 15, Food from Britain shall —
a
each year before 30th April inform the Minister of the operators who, on 31st December of the previous year, had given notification under Article 8.1(a) and are subject to the inspection system referred to in Article 9, and
b
each year before 30th April report to the Minister on supervision for that previous year pursuant to Article 9.6.
Enforcement, offences and penalties
6
1
Each local authority shall enforce and execute within its area the Specified Community provisions.
2
Any person who contravenes or fails to comply with any of the Specified Community provisions shall be guilty of an offence and liable on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and on summary conviction in Northern Ireland to a fine not exceeding £2000.
3
For the purposes of the enforcement and execution of the Specified Community provisions, the supply of organic products otherwise than on sale, in the course of a business, shall be deemed to be a sale of such products and for those purposes sale shall include possession for sale, or offer or exposure for sale.
4
For the purposes of the enforcement and execution of the Specified Community provisions in respect of products intended for human consumption within the meaning of Article 1.1(b), any such product commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.
Offences due to fault of another person and defence of due diligence
7
1
Where the commission by any person of an offence under a Specified Community provision is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
In any proceedings for an offence under a Specified Community provision, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
3
If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing, and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Obstruction etc. of officers
8
1
Any person who —
a
intentionally obstructs any person acting in the enforcement or execution of these Regulations, or
b
without reasonable cause, fails to give to any person acting in the enforcement or execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under the Council Regulation,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in sub-paragraph (b) of paragraph (1) above —
a
furnishes information which he knows to be false or misleading in a material particular, or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in sub-paragraph (b) of paragraph (1) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
4
A person guilty of an offence under this regulation shall be liable on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and in Northern Ireland to a fine not exceeding £2000.
Offences by bodies corporate
9
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Protection of officers acting in good faith
10
1
An officer or agent of Food from Britain, of any inspection body or of any local authority is not personally liable in respect of any act done by him in the execution or purported execution of these Regulations within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations or the Council Regulation required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving Food from Britain or any inspection body or any local authority from any liability in respect of acts of their officers.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
2nd September 1992.
Allan Stewart
Parliamentary Under-Secretary of State, Scottish Office
27th August 1992


text:
Title, commencement, duration and interpretation
1
1
This Order may be cited as the River Roach Oyster Fishery Order 1992.
2
This Order shall come into force on 29th December 1992 and shall remain in force for 20 years.
3
In this Order —
“the Committee” means the local fisheries committee for the Kent and Essex Sea Fisheries District established under section 1(1) of the Sea Fisheries Regulation Act1966 ;
“the definitive map” means the map sealed in duplicate by the Minister and marked “Map referred to in the River Roach Oyster Fishery Order 1992”, one copy of which is in the possession of the Committee and the other copy of which is in the possession of the Minister;
“the fishery” has the meaning assigned to it by article 2(1).
4
A reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Right of several fishery
2
1
Subject to the following provisions of this Order, there is hereby conferred on the Committee for a period of 20 years the right of several fishery for oysters with respect to such part of the River Roach in the County of Essex as lies below the line of mean low water springs and is shown coloured pink on the definitive map.
2
The Committee is hereby constituted a body corporate for the purposes of this Order.
3
The right of several fishery hereby conferred shall not be exercised by the Committee in its corporate capacity.
Marking of limits of the fishery
3
The Committee shall mark the limits of the fishery in such manner as the Minister may from time to time approve and the Committee shall maintain the marks in position and in good repair.
Taking of samples for the purpose of disease control
4
The Committee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spread of disease —
a
at any reasonable time to obtain samples of any oyster found within the fishery and to remove them from the fishery provided they have been marked, labelled or otherwise made capable of identification;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Power to grant leases
5
1
The following provisions of this article shall apply in relation to the leasing by the Committee to any person of the right of several fishery for oysters with respect to any part of the several fishery.
2
Without the written consent of the Minister the Committee shall not grant to any person a lease of the right of several fishery if —
a
the total area in respect of which that person would be entitled to that right would exceed 2.5 hectares; or
b
the period in respect of which that person would be so entitled in respect of any area would end more than seven years after he first became so entitled in respect of that area.
3
Any lease shall forbid the making of an assignment thereof or the grant of, or assignment of, a sub-lease without the consent of the Committee and the Committee shall not unreasonably withhold such consent.
4
The Committee shall not without the written consent of the Minister give its consent for the purposes of paragraph (3) above if it appears to the Committee that in consequence of the assignment or sub-lease —
a
the total area in respect of which the assignee or sub-lessee would be entitled to the right of several fishery would exceed 2.5 hectares; or
b
the period in respect of which that person would be so entitled in respect of any area would end more than seven years after he first became so entitled in respect of that area.
5
In determining whether a person is entitled to a right of several fishery for the purposes of paragraphs (2), (3) and (4) above —
a
references to a person’s being so entitled include references to his being —
i
entitled by virtue of the assignment of a lease or the grant or assignment of a sub-lease, or
ii
beneficially entitled under the terms of one or more trusts; and
b
the following shall be treated as one person —
i
any two or more persons carrying on a business of shellfish cultivation in partnership;
ii
the person having control of any company and all the companies controlled by that person;
iii
spouses;
iv
parents and children.
6
Any lease shall prohibit the lessee or his assignee or sub-lessee from entering into any agreement with any other person having an interest in any part of the fishery for the common management of their respective businesses or the common exploitation of their respective layings without the consent of the Committee and the Committee shall not unreasonably withhold such consent.
7
The Committee shall not without the written consent of the Minister give its consent for the purposes of paragraph (6) above if it appears to the Committee that in consequence of the agreement —
a
the total area of layings under the common management or exploitation of the parties to the agreement would exceed 2.5 hectares; or
b
the period in respect of which any party to the agreement would be concerned in the management or exploitation of any laying would end more than seven years after he first became entitled to the right of several fishery in any part of the area subject to the agreement.
8
Any lease shall require the lessee to permit any person authorised in that behalf by the Minister to do the things mentioned in article 4 for a purpose of the kind mentioned in that article.
9
Any lease shall provide that it may be determined by the Committee in the event that the lessee, or his assignee or sub-lessee, is in breach of any provision of the lease inserted therein pursuant to the requirements of this article and the Committee shall take all reasonable steps to monitor compliance with such provisions.
10
The Committee shall mark or cause to be marked all layings in the fishery in such manner as the Minister may from time to time approve.
11
The marks defining the limits of each laying in the fishery shall be maintained in position and in good repair by the Committee or, if so stipulated in the lease, by the lessee.
12
In paragraphs (6), (7), (10) and (11) above “laying” means any part of the fishery with respect to which the right of several fishery for oysters is comprised in a lease granted by the Committee.
Control of deposits
6
1
The grantees shall not without the written consent of the Minister deposit within the limits of that part of the fishery within which their right is exercisable any oysters of the species Ostrea edulis and shall comply with any condition subject to which the Minister gives his consent to the deposit of any such oyster.
2
In this article “grantees” means any person for the time being entitled to a right of several fishery over any part of the fishery.
Accounts of income and expenditure and other information
7
The Committee shall render to the Minister annual accounts of its income and expenditure under this Order, shall furnish to the Minister all other information required by him with reference to this Order in such form and at such times as he may require, shall allow any person authorised by the Minister in that behalf to inspect the fishery and all books of account and other documents in the possession of the Committee relating to this Order and to the fishery and shall give to such person any information relating thereto as he may require.
Rights of the Crown
8
Nothing in this Order shall affect prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing herein contained shall authorise the Committee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditament, subject or right of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Rights of various persons and bodies
9
1
Nothing in this Order shall affect prejudicially the exercise of any statutory power or authority from time to time vested in or exercisable by any person carrying on an undertaking falling within paragraph (2) below.
2
The following are the undertakings which fall within paragraph (1) above —
a
the undertaking of any water undertaker or sewage undertaker;
b
any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984 ;
c
the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986 ;
d
the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
19th November 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 Order 1992, and shall come into force on the 6th April 1992.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Omission of article 12 of the principal Order
2
Article 12 of the principal Order (allowances for eligible members of the family) shall be omitted.
Amendment of article 18 of the principal Order
3
In article 18 of the principal Order (unemployability allowances) —
a
in paragraph (2) for the amount “£2,028” there shall be substituted the amount “£2,106”;
b
in paragraph (5) —
i
for sub-paragraphs (b) and (c) there shall be substituted thefollowing sub-paragraphs —
b
subject to sub-paragraph (c) below, an allowance may be awarded in respect of a wife or husband or unmarried dependant living as a spouse or adult dependant at a rate not exceeding the appropriate rate specified in paragraph 6(b)(i) of Part IV of Schedule 1 if the Secretary of State thinks fit having regard to the financial circumstances of the person in respect of whom the allowance is claimed;
c
an allowance shall not be awarded in respect of more than one adult dependant;
; and
ii
in paragraph (5)(d) for the words “paragraph 6(b)(iii)” there shall be substituted “paragraph 6(b)(ii)”.
Amendment of article 23 of the principal Order
4
In article 23 of the principal Order (treatment allowances) paragraph (1)(b) and paragraph (4) shall be omitted.
Amendment of article 26A of the principal Order
5
In article 26A of the principal Order (mobility supplement) in paragraph (1)(b) for the words “12 months” there shall be substituted the words “6 months”.
Amendment of article 53 of the principal Order
6
In article 53 of the principal Order (general provisions relating to awards under Part V) paragraph (2)(a) shall be omitted.
Amendment of Schedules to the principal Order
7
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement) —
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order;
c
for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death) —
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 to this Order;
b
for the amount “£3,525” in the second column of Table 1B of Part II there shall be substituted the amount “£3,668”;
c
for the amounts “£67.60” and “£15.60” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£70.35” and “£16.25”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 to this Order;
e
for Part III there shall be substituted the Part set out in Schedule 8 to this Order.
Saving provision in relation to allowances for eligible members of the family
8
Notwithstanding the revocation of article 12, and the amendment to article 18(5), articles 23 and 53 of the principal Order, in any case where a pension or allowance or any addition to pension is payable in respect of the period immediately before 6th April 1992 those provisions shall continue to have effect as though this Order had not come into force.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Value Added Tax (EC Sales Statements) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations —
“ the Act ” means the Value Added Tax Act 1983;
“alphabetical code” means the alphabetical prefix as set out below which shall be used to identify the member State —
Belgium — BE
Denmark — DK
France — FR
Germany — DE
Greece — EL
Ireland — IE
Italy — IT
Luxembourg — LU
Netherlands — NL
Portugal — PT
Spain — ES
United Kingdom — GB
“contract work” means contract work as is referred to in Article 5.5(a) of Council Directive No. 77 388/ EEC ;
“form” means the relevant form contained in the Schedule to these Regulations or a form which the Commissioners are satisfied is a form to the like effect;
“processing work” means any processing operation, including the supply of any goods or services, carried out on any goods dispatched or transported from one member State to another member State for the performance of contract work;
“registered in another member State” means registered in accordance with measures adopted by the competent authority in another member State for the purposes of the common system of value added tax and “registered” shall be construed accordingly;
“relevant figure” means the total sum of the amount mentioned in paragraph 1(1)(a) of Schedule 1 to the Act and £25,500;
“statement” means the statement which a taxable person is required to submit in accordance with these Regulations;
“total value” means the consideration for the supply including the costs of any freight transport services and services ancillary to the transport of goods charged by the supplier of the goods to the customer.
Submission of statements
2
1
Subject to paragraph (5) below and save as the Commissioners may otherwise allow or direct, every taxable person who in any period of a quarter has made a supply of or has dispatched or has transported or has transferred goods to a person who is or was registered in another member State shall in relation to that period submit to the Commissioners no later than forty two days after the end of that period a statement in the form numbered 1 containing full information as specified in paragraph (3) or (4), as the case may be, below and a declaration signed by him that the statement is true and complete;
provided that —
a
the Commissioners may allow a taxable person to submit those statements in respect of periods of one month;
b
where a taxable person satisfies the Commissioners —
i
at the end of any month that the value of his taxable supplies in the period of one year then ending is less than the relevant figure, or
ii
at any time that there are reasonable grounds for believing that the value of his taxable supplies in the period of one year beginning at that or any later time will not exceed the relevant figure, and
iii
at the end of any month that the value of his supplies to persons registered in other member States in the period of one year then ending is less than £11,000, or
iv
at any time that there are reasonable grounds for believing that the value of his supplies to persons registered in other member States in the period of one year beginning at that or any later time will not exceed £11,000,
the Commissioners may allow that person to submit a statement which relates to the period of the year as is mentioned in sub-paragraphs (i) to (iv) above and which contains full information as specified in paragraph (3)(a), (b), (c) and (d) below and a declaration signed by him that the statement is true and complete;
c
where the Commissioners have allowed a taxable person under regulation 58 of the Value Added Tax (General) Regulations 1985 to make returns in respect of periods longer than three months and that person satisfies the Commissioners —
i
at the end of any month that the value of his taxable supplies in the period of one year then ending is less than £145,000, or
ii
at any time that there are reasonable grounds for believing that the value of his taxable supplies in the period of one year beginning at that or any later time will not exceed £145,000, and
iii
at the end of any month that the value of his supplies to persons registered in other member States in the period of one year then ending is less than £11,000, or
iv
at any time that there are reasonable grounds for believing that the value of his supplies to persons registered in other member States in the period of one year beginning at that or any later time will not exceed £11,000,
the Commissioners may allow that person to submit statements in respect of periods identical to those that have been allowed for the making of his returns and each statement shall contain full information as specified in paragraph (4)(a), (b) and (c) below and a declaration signed by him that the statement is true and complete; and
d
where the Commissioners consider it necessary in the circumstances of any particular case, they may allow or direct a taxable person to submit statements to a specified address.
2
Where the Commissioners allow a statement to be submitted as is mentioned in the proviso in paragraph (1) above, that statement shall be submitted —
a
in the case of sub-paragraph (a), no later than forty two days after the end of the quarter in which the month in sub-paragraph (a) occurs;
b
in the case of sub-paragraph (b), no later than forty two days after the end of the period of the year to which it relates; and
c
in the case of sub-paragraph (c), no later than forty two days after the end of the period in respect of which the Commissioners have allowed a return to be furnished.
3
Save as the Commissioners may otherwise allow or direct, the taxable person shall in the statement as is mentioned in paragraph (1) above specify —
a
his name, address, and registration number which number shall include the prefix GB;
b
the date of the submission of the statement;
c
the date of the last day of the period to which the statement refers;
d
the registration number of each person acquiring or deemed to have acquired goods in the period and which registration number shall include the alphabetical code of the member State in which each such person is registered; and
e
the total value of the goods supplied in the period to each person mentioned in sub-paragraph (d) above, which value shall include any amount such as is mentioned in paragraph (4)(c) below.
4
Where goods are dispatched or transported from one member State to another member State for the performance of contract work and the goods are to be returned, the taxable person shall specify in the statement as is mentioned in paragraph (1) above the following —
a
the information mentioned in paragraph (3) above;
b
the figure 1 in the box marked “indicator” on form numbered 1 in each case where goods have been dispatched, transported or returned;
c
the total value of any processing work carried out upon the goods by the taxable person.
5
Every taxable person who in any period of a quarter has made a supply of a new means of transport to a person for the purpose of acquisition by him in another member State shall in relation to that period submit to the Commissioners no later than forty two days after the end of that period a statement containing the particulars (including the declaration made by him) set out in the form numbered 2;
provided that where the Commissioners consider it necessary in the circumstances of any particular case, they may allow or direct a taxable person to submit a statement as is mentioned in this paragraph to a specified address.
Final statements
3
Any taxable person who ceases to be registered under Schedule 1 to the Act shall, unless another person has been registered with the registration number of and in substitution for him under regulation 4(7) of the Value Added Tax (General) Regulations 1985, submit to the Commissioners a final statement in either form numbered 1 or 2 or both, as the case may be, and, unless the Commissioners in any case otherwise allow or direct, any such statement shall contain full information as is specified in paragraphs (3) or (4), or both, of regulation 2 above, or as is required to be set out in form 2, as the case may be, and a declaration signed by him that the statement is true and complete and shall be submitted no later than forty two days after the date with effect from which his registration has been cancelled.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground London SE1 9PJ
8th December 1992