text:
Title and commencement
1
These Regulations may be cited as the Medicines (Veterinary Drugs) (Renewal Applications for Licences and Animal Test Certificates) Regulations 1993 and shall come into force on 31st May 1993.
Interpretation
2
In these Regulations–
“ the Act ” means the Medicines Act 1968;
“licence” means a licence for a veterinary drug under Part II of the Act;
“medicinal product” includes, where a licence or certificate relates to any substance or article which is not a medicinal product, that substance or article;
“renewal application” means an application for the renewal of a licence under section 24 of the Act (other than the renewal of a product licence in consequence of a notice served on the licence holder under section 24(1A)), or an application for the renewal of a certificate under section 38 of the Act.
Form and manner of renewal application
3
1
Every renewal application shall be made in writing and shall be signed by the applicant.
2
Where the licensing authority have from time to time approved the form of renewal applications either for use generally or in respect of particular classes of renewal applications, every renewal application shall be made in such approved form.
3
Subject to paragraph (4) below, six copies, or such lesser number as the licensing authority may direct, of each renewal application and of any accompanying particulars shall be supplied to the licensing authority in the English language and, where the renewal application or accompanying particulars have been translated from another language, also one copy of the renewal application or the accompanying particulars, as the case may be, in the original language, if the licensing authority so require.
4
In the case of the renewal of a product licence of right, a further 20 copies of the renewal application and of any accompanying particulars shall be supplied to the licensing authority if the licensing authority so require.
5
Except where the licensing authority otherwise direct, in the case of the renewal of a licence or certificate, a separate renewal application shall be made in respect of each medicinal product of a particular description to which such licence or certificate relates.
Conditions of renewal
4
1
Subject to paragraph (2) below, a renewal application shall be made only in respect of a licence or certificate where the licence or certificate is identical in all particulars with the existing licence or certificate.
2
Notwithstanding paragraph (1) above, a renewal application may be made in respect of a licence or certificate where the only matters which are not identical with the existing licence or certificate relate to–
a
any variation already incorporated since the date of issue; or
b
any additional particulars required to be submitted to the licensing authority pursuant to regulation 5(1)(c) below and Part III of the Schedule.
Particulars to be contained in or to accompany renewal applications
5
1
Subject to the following provisions of these Regulations every renewal application shall contain or be accompanied by–
a
the particulars specified in Part I of the Schedule except to the extent that the licensing authority have, in the case of any particular application or any class of renewal applications, otherwise directed;
b
the particulars specified in Part II of the Schedule in relation to an application to which that Part applies, to the extent that the licensing authority have, in the case of any particular renewal application or any class of renewal applications, directed;
c
the particulars specified in Part III of the Schedule in relation to an application to which that Part applies, if those particulars have not been submitted to the licensing authority at an earlier date.
2
Subject to paragraph (3) below, any of the particulars, which by virtue of paragraph (1) above are required to be contained in or to accompany a renewal application, may be omitted if a statement of such omission and the reasons for it are contained in or accompany the renewal application.
3
Any particulars omitted under paragraph (2) above shall be subsequently furnished to the licensing authority if the licensing authority so direct and such subsequently furnished particulars shall be deemed to have been contained in or to have accompanied the renewal application.
Time for submission of renewal applications
6
A renewal application for a licence or certificate shall be duly made only if it is made in the period at least 3 months and not more than 5 months before the expiry of the current licence or certificate.
Samples to accompany renewal applications
7
Every renewal application for a licence or certificate shall be accompanied by such samples of the medicinal product to which such licence or certificate relates, as the licensing authority have, in the case of any particular renewal application or class of renewal applications, directed.
Revocation
8
The Medicines (Renewal Applications for Licences and Certificates) Regulations 1974 , the Medicines (Renewal Applications for Licences and Certificates) Amend-ment Regulations 1977 and the Medicines (Renewal Applications for Licences and Certificates) Amendment Regulations 1982 are hereby revoked to the extent that they relate to renewal applications for licences or certificates for veterinary drugs.
Brian Mawhinney
Minister of State
Department of Health
7th May 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th May 1993
David Hunt
Secretary of State for Wales
7th May 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th May 1993.
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 this 7th day of May 1993.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 6th day of May 1993.
W. J. Hodges
Permanent Secretary


type: legislation

jurisdiction: UK

text:
1
The Regulations may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1993 and shall come into force on 19th January 1993.
2
A driver who during any working day or any working week spends time in driving passenger or goods vehicles and who spends time driving or on duty during that day or week to meet the special need occasioned by severe weather conditions in Scotland or the effects or consequences of such severe weather conditions is exempted from the requirements of the domestic drivers' hours code in respect of that day or that week.
John MacGregor
Secretary of State for Transport
18th January 1993


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire, Greater Manchester, Lancashire and Merseyside (County and District Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order–
“Cheshire” means the county of Cheshire, and “Warrington” means the borough of Warrington in that county;
“district” includes a borough, a metropolitan borough and a city;
“electoral division” means an electoral division of the non-metropolitan county to which an area is transferred by this Order ;
“Greater Manchester” means the metropolitan county of Greater Manchester, and any reference to Bolton, to Salford or to Wigan is a reference to the district of that name in that county;
“Lancashire” means the county of Lancashire, except in the expression “West Lancashire”, where it means the Lancashire district of that name, and “Chorley” means the Lancashire district of Chorley;
“the map” means one or more of the 9 maps prepared by the Department of the Environment, marked “Maps of the Cheshire, Greater Manchester, Lancashire and Merseyside (County and District Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, and any reference to St. Helens is a reference to the Merseyside district of that name; any reference to an area as unparished is a reference to that area not forming part of any parish; and “ward” means a ward of the district to which an area is transferred , except in the expression “parish ward”, where it means the ward of the parish to which an area is transferred.
Transfers between Cheshire (Warrington) and Greater Manchester (Wigan)
3
1
The area which is marked B on map 4 shall be transferred from Cheshire, from Warrington, and from the parish of Culcheth and Glazebury to–
a
Greater Manchester;
b
Wigan;
c
the Hope Carr ward; and to
d
the Leigh petty sessional division and the Greater Manchester West coroner’s district–
and shall become unparished.
2
Each unparished area which is marked as shown in column 1 of the following Table on map 4 shall be transferred from Greater Manchester, from Wigan and from the ward named in column 2 to–
a
Cheshire;
b
Warrington;
c
the parish mentioned in column 3;
d
the Culcheth Glazebury and Croft ward, and the Culcheth and Southworth electoral division; and to
e
the Warrington petty sessional division and the Cheshire coroner’s district.
TABLE
1 2 3 Area marked Transferred from the following Wigan ward– To the Cheshire parish of–
D Bedford–Astley Culcheth and Glazebury B Hope Carr Croft A & C Hope Carr Culcheth and Glazebury
Transfers between Greater Manchester (Wigan) and Lancashire (West Lancashire)
4
1
The following areas shown on map 9–
a
the unparished part of Langtree ward marked B; and
b
the part of the parish of Shevington marked E–
shall be transferred from Greater Manchester, from Wigan, and from that ward or parish to–
i
Lancashire;
ii
West Lancashire;
iii
the parish of Wrightington;
iv
the Wrightington ward and the Skelmersdale East electoral division; and to
v
the Ormskirk petty sessional division and the Preston and South West Lancashire coroner’s district.
2
The parts of the parish of Wrightington marked C and D on map 9 shall be transferred from Lancashire, from West Lancashire, and from that parish to Greater Manchester, to Wigan, to the Langtree ward, and to the Wigan petty sessional division and the Greater Manchester West coroner’s district. The area marked C shall become unparished, and the area marked D shall form part of the parish of Shevington.
Transfers between Greater Manchester (Wigan) and Merseyside (St Helens)
5
1
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater Manchester, from Wigan, and from the ward named in column 3 to Merseyside, to St Helens, to the parish (if any) and the ward mentioned in column 4, and to the St Helens petty sessional division and the Knowsley, St Helens and Sefton coroner’s district.
TABLE
1 2 3 4 Area marked On map– Transferred from Greater Manchester, from Wigan and from the following ward– To Merseyside, to St Helens, and to–
B 6 Lightshaw Haydock ward A, C & D 5 Lightshaw Newton East ward A & E 7 Orrell Parish of Billinge Chapel End B 8 Billinge and Seneley Green ward A 8 Orrell
Parish of Rainford
Crank parish ward
Rainford ward
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merseyside, from St Helens, and from the parish (or, where unparished, from the ward) named in column 3 to–
a
Greater Manchester;
b
Wigan;
c
the ward and petty sessional division named in column 4; and to
d
the Greater Manchester West coroner’s district–
and shall become or remain unparished.
TABLE
1 2 3 4 Area marked– On map Transferred from Merseyside, from St Helens and from– To Greater Manchester, to Wigan, and to the following–
C 7 & 8 Parish of Billinge Orrell ward F 7 Chapel End Makerfield petty sessional division B 7 Parish of Seneley Green
Orrell ward
Makerfield petty sessional division
A 6 Haydock ward
Ashton–Golborne ward
Makerfield petty sessional division
B 5 Newton East ward
Lightshaw ward
Leigh petty sessional division
Transfers within Greater Manchester between districts (Bolton, Salford and Wigan)
6
1
The area marked B on map 3 shall be transferred from Salford, and from the Walkden South ward to Wigan, to the Tyldesley East ward, and to the Leigh petty sessional division.
2
The area marked A on map 1 shall be transferred from Wigan, and from the Hindsford ward to Bolton, to the Hulton Park ward, and to the Bolton petty sessional division.
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Wigan, and from the ward named in column 3 to Salford, to the ward named in column 4, and to the Eccles petty sessional division.
TABLE
1 2 3 4 Area marked– On map– Transferred from Wigan, and from the following ward– To Salford, and to the following ward–
C 3 Bedford–Astley Worsley and Boothstown A 2 Tyldesley East Little Hulton
B
D
2 }
3 }
Tyldesley East Walkden South A 3 Tyldesley East Worsley and Boothstown
4
All areas transferred by this article shall remain unparished.
Transfer within Lancashire from West Lancashire to Chorley
7
The area which is marked A on map 9 shall be transferred from West Lancashire, and from the parish of Wrightington to Chorley, to the parish of Coppull, to the Coppull South ward, to the Chorley West electoral division, and to the Chorley petty sessional division.
Town and country planning
8
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision. Signed by authority of the Secretary of State for the Environment.
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
1st March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Teddington Memorial Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st April 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st April 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Teddington Memorial Hospital 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 Teddington Memorial Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Teddington Memorial Hospital, Hampton Road, Teddington, Middlesex TW11 0JL and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
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 Hounslow and Spelthorne 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 Hounslow and Spelthorne 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 Hounslow and Spelthorne Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
26th January 1993


text:
Citation and commencement
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1993 and shall come into force on 1st April 1993, immediately after the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1992 .
University non-officer members for District Health Authorities
2
In Part I of Schedule 1 to the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 , for the entries “Parkside Health Authority”, “Riverside Health Authority”, “Bloomsbury and Islington Health Authority”, “Hampstead Health Authority”, “City and Hackney Health Authority” and “Tower Hamlets Health Authority”, there shall be substituted the entries “Kensington Chelsea and Westminster Health Authority”, “Camden and Islington Health Authority” and “East London and The City Health Authority” .
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harefield Hospital National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 19th April 1993.
2
In this Order:
“the Authority” means Hillingdon Health Authority;
“the Trust” means the Harefield Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th January 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th April 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd March 1993


text:
1
This Order may be cited as the Road Traffic Offenders (Prescribed Devices) Order 1993 and shall come into force on 9th August 1993.
2
The following devices are prescribed devices for the purposes of section 20 of the Road Traffic Offenders Act 1988 —
a
a device designed or adapted for recording a measurement of the speed of motor vehicles activated by means of sensors or cables on or near the surface of the highway;
b
a device designed or adapted for recording a measurement of the speed of motor vehicles activated by means of a light beam or beams.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
7th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Town (Livingston) Winding Up Order 1993 and shall come into force on 1st January 1994.
2
In this Order–
“development corporation” means the Livingston Development Corporation established by the New Town (Livingston) (Development Corporation) Order 1962 ;
“the Special Development Orders” mean the Town and Country Planning (Scotland) (New Town of Livingston) (Special Development) Order 1962 and the Town and Country Planning (Scotland) (New Town of Livingston) (Special Development) Order 1979 .
Winding up of the development corporation
2
The development corporation shall be wound up and the winding up shall–
a
commence on 1st January 1994; and
b
be completed by 31st December 1996.
Interim reports by the development corporation
3
The development corporation shall make an interim report to the Secretary of State on the progress of the winding up–
a
for the period commencing on 1st January 1994 and ending on 31st March 1994;
b
for the period commencing on 1st April 1994 and ending on 31st March 1995; and
c
for the period commencing on 1st April 1995 and ending on 31st March 1996,
and, in relation to each of the said periods, the development corporation shall submit the report to the Secretary of State by 30th June in the relevant year.
Directions
4
The development corporation shall comply with any directions made in relation to it by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968 .
Revocation of the Special Development Orders
5
On 31st March 1996 the Special Development Orders are hereby revoked.
Consequential and ancillary provision
6
Notwithstanding article 5 above, where any development was authorised development within the meaning of article 3(2) and (3) of either of the Special Development Orders by virtue of an authorisation in writing issued by the development corporation on or before 31st March 1996, or would have been such development if carried out on or before that date, the carrying out of that development by such persons as are mentioned in the said article 3(2) of either of those Orders shall by virtue hereof be permitted during the period beginning with 1st April 1996 and ending with 31st March 2001 subject to limitations and conditions (so far as applicable to that development) corresponding to those contained in the said Orders.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th December 1993


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 3) Order 1993.
2
The provisions of the Criminal Justice Act 1993 (“the 1993 Act ”) referred to in the left–hand column of the Schedule to this Order (which relate to the matters described in the right–hand column of the Schedule) shall come into force on 1st December 1993.
3
1
So far as relating to the following provisions of the 1993 Act, namely, sections 21(1), 21(3)(h), 23, 45 and 46, this Order extends to the United Kingdom.
2
So far as relating to the following provisions of the 1993 Act, namely, sections 21(3)(e), 34(1), 35 and 73, this Order extends to Great Britain only.
3
So far as relating to the following provisions of the 1993 Act, namely, sections 20(1), 21(2), 21(3)(a), (b) and (g), and 22(1), this Order extends to England and Wales only.
4
So far as relating to the following provisions of the 1993 Act, namely, sections 20(2), 21(3)(c) and (d) and 22(2), this Order extends to Scotland only.
5
So far as relating to the following provisions of the 1993 Act, namely, sections 21(3)(f) and 34(2), this Order extends to Scotland and Northern Ireland only.
6
So far as relating to section 44 of the 1993 Act, this Order extends to Northern Ireland only.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
3rd November 1993


text:
Citation and commencement
1
This Order may be cited as the Central and Fife Regions and Clackmannan and Dunfermline Districts (River Forth, Kilbagie Mill, Slack Cottage and River Black Devon) Boundaries Amendment Order 1993, and shall come into force on 17th May 1993.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977( );
“boundary map 1” means the map prepared by the Scottish Office marked “The Central and Fife Regions and Clackmannan and Dunfermline Districts (River Forth, Kilbagie Mill, Slack Cottage and River Black Devon) Boundaries Amendment Order 1993 Map 1” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office marked “The Central and Fife Regions and Clackmannan and Dunfermline Districts (River Forth, Kilbagie Mill, Slack Cottage and River Black Devon) Boundaries Amendment Order 1993 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, unless the context otherwise requires, any reference to a regional boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area Changes
4
1
Those parts of Dunfermline District in Fife Region, being the areas described in Part I of the Schedule to this Order, namely:–
a
areas A, B and E, which areas are shown delineated, hatched and marked area “A”, area “B” and area “E” respectively on boundary map 1; and
b
area G, which area is shown delineated, hatched and marked area “G” on boundary map 2,
shall be transferred to Clackmannan District in Central Region.
2
Those parts of Clackmannan District in Central Region, being the areas described in Part II of the Schedule to this Order, namely:–
a
areas C and D, which areas are shown delineated, hatched and marked area “C” and area “D” respectively on boundary map 1; and
b
area F, which area is shown delineated, hatched and marked area “F” on boundary map 2,
shall be transferred to Dunfermline District in Fife Region.
3
The regional boundary between Central Region and Fife Region between the Grid Reference points quoted in Part III of the Schedule to this Order shall be adjusted so that it is constituted by the centre line of the River Black Devon, as shown on boundary map 2, and consequently–
a
those areas within Clackmannan District in Central Region and on the southern or eastern bank of the said river or to the south or east of its centre line shall be transferred to Dunfermline District in Fife Region, and
b
those areas within Dunfermline District in Fife Region and on the northern or western bank of the said river or to the north or west of its centre line shall be transferred to Clackmannan District in Central Region.
Consequential changes of electoral arrangements
5
1
Each of the areas A, B, E and G described in Part I of the Schedule to this Order (being the areas A, B, E and G transferred by article 4(1)(a) and (b) of this Order)–
a
shall cease to form part of electoral division 29 (Kincardine/Valleyfield) of Fife Region( ) and of ward 1 (Kincardine/Culross) of Dunfermline District( ); and
b
shall form part of electoral division 2 (Forthbank) of Central Region ( ) and of ward 4 (Clackmannan) of Clackmannan District( ).
2
Each of the areas C, D and F described in Part II of the Schedule to this Order (being the areas C, D and F transferred by article 4(2)(a) and (b) of this Order)–
a
shall cease to form part of electoral division 2 (Forthbank) of Central Region and of ward 4 (Clackmannan) of Clackmannan District; and
b
shall form part of electoral division 29 (Kincardine/Valleyfield) of Fife Region and of ward 1 (Kincardine/Culross) of Dunfermline District.
3
Each of the areas within Clackmannan District in Central Region and on the southern or eastern bank of the River Black Devon between the Grid Reference points quoted in Part III of the Schedule to this Order (being the areas transferred by article 4(3)(a) of this Order)–
a
shall cease to form part of electoral division 2 (Forthbank) of Central Region and of ward 4 (Clackmannan) of Clackmannan District; and
b
shall form part of electoral division 30 (Oakley/Saline) of Fife Region and of ward 4 (Oakley North/Saline) of Dunfermline District.
4
Each of the areas within Dunfermline District in Fife Region and on the northern or western bank of the River Black Devon between the Grid Reference points quoted in Part III of the Schedule to this Order (being the areas transferred by article 4(3)(b) of this Order)–
a
shall cease to form part of electoral division 30 (Oakley/Saline) of Fife Region and of ward 4 (Oakley North/Saline) of Dunfermline District; and
b
shall form part of electoral division 2 (Forthbank) of Central Region and of ward 4 (Clackmannan) of Clackmannan District.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
1
In regulation 9(2) of the principal Regulations (repayment of charges) —
a
in sub-paragraph (b) the words “within such period of the supply of the drug or appliance, and” shall be omitted;
b
after sub-paragraph (b) there shall be inserted the following new sub-paragraph (bb) —
bb
be made within 3 months from the date on which the drug or appliance was supplied to the applicant or within such further period as the Secretary of State may, for good cause, allow;
.
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it incolumn (1) (the subject matter of which is indicated in column (2) of that Schedule), there shall be substituted the amount specified in relation to it in column (4) of that Schedule.
Transitional provisions
3
Where, on or after 1st April 1993 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 2(2) of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
2nd March 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1993, shall apply to Great Britain, and shall come into force on 8th February 1993.
Amendment of the Hill Livestock (Compensatory Allowances) Regulations 1992
2
The Hill Livestock (Compensatory Allowances) Regulations 1992 shall be amended in accordance with regulation 3 below.
3
In regulation 3 (compensatory allowances) —
a
in paragraph (3)(b)(i), for the figure “£2.45”, there shall be substituted the figure “£2.86”;
b
in paragraph (4)(a), for the figure “£8.75”, there shall be substituted the figure “£6.50”; and
c
in paragraph (4)(b), wherever they appear, for the figures “£4.90” and “£2.45”, there shall be substituted “£3.60” and “£2.86” respectively.
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
15th January 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th January 1993


text:
PART I
INTRODUCTION
Citation, commencement and revocation
1
1
These Rules may be cited as the Asylum Appeals (Procedure) Rules 1993 and shall come into force on 26th July 1993.
2
In the 1984 Rules —
a
rule 14(2)(b) is hereby revoked; and
b
in rule 28, for the words “Rule 8(5)” there shall be substituted the words “Rule 8(4)”.
Interpretation
2
1
In these Rules —
“the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984 ;
“the 1971 Act ” means the Immigration Act 1971;
“the 1993 Act ” means the Asylum and Immigration Appeals Act 1993 ;
“asylum appeal” means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections;
“special adjudicator” means an adjudicator designated under section 8(5) of the 1993 Act; and
“ the Tribunal ” means the Immigration Appeal Tribunal.
2
In these Rules —
a
the time by which any act must be done shall be calculated in the manner provided in rule 32; and
b
an application or an appeal is determined when a decision is made as to whether the application should be granted or the appeal allowed.
Application
3
1
These Rules shall apply to all asylum appeals.
2
Subject as provided by these Rules, the 1984 Rules shall not apply to asylum appeals.
3
These Rules shall apply only to asylum appeals brought in respect of decisions made after these Rules have come into force.
PART II
APPEALS TO SPECIAL ADJUDICATORS
Application of Part II
4
This Part applies to asylum appeals to a special adjudicator.
Notice of appeal
5
1
Subject to paragraph (2), a person making an asylum appeal (“the appellant”) shall give notice of appeal not later than 10 days after receiving notice of the decision against which he is appealing.
2
The time limit for giving notice of appeal shall be 2 days in a case where —
a
the appeal is made under section 8(1) of the 1993 Act;
b
the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation); and
c
there has been personal service on the appellant of the notice of the decision against which he is appealing.
3
Subject to paragraph (4), notice of appeal shall be given —
a
by serving on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and
b
by serving upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,
the Form prescribed in the Schedule to these Rules (Form A1) which shall be accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.
4
In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.
5
Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given under paragraph (3) is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.
6
Upon receipt of notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the appellant, to a special adjudicator and to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3) together with (in the case of the appellant and the special adjudicator only) the original or copies of any notes of interview and of any other document referred to in the decision which is being appealed.
7
A special adjudicator may extend any time limit for giving notice of appeal provided he considers it necessary in the interests of justice.
8
An extension may be made under paragraph (7) notwithstanding that the period prescribed by the time limit has already expired.
Notification of hearing
6
1
The special adjudicator shall not later than 5 days after receiving a notice of appeal serve on —
a
the appellant;
b
the immigration officer or (as the case may be) the Secretary of State; and
c
(if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees
a notice of the date, time and place fixed for the hearing of the appeal.
2
The period specified in paragraph (1) shall be 3 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).
Variation of notice of appeal
7
The notice of appeal may, with the leave of the special adjudicator, be varied by the appellant.
Parties
8
1
The parties to an appeal shall be the appellant and the Secretary of State.
2
The United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the special adjudicator at any time during the course of the appeal that he desires to be so treated.
Determination of appeal
9
1
Subject to rule 31, a special adjudicator shall determine an appeal not later than 42 days after receiving notice of the appeal.
2
The period specified in paragraph (1) shall be 7 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).
3
Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(3), the special adjudicator shall determine the appeal within 42 days of the appeal being so remitted.
4
Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless —
a
the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or
b
the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant.
5
The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (4)(a) or (b).
Adjournment of hearings
10
1
Subject to rule 9(1) and (2), a special adjudicator may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.
2
Where a hearing is adjourned, the special adjudicator shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.
Promulgation of determination and reasons therefor
11
1
Subject to paragraph (4), the special adjudicator shall, wherever practicable, pronounce the determination and the reasons therefor at the conclusion of the hearing.
2
Subject to paragraph (4), the special adjudicator shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons.
3
A notice sent under paragraph (2) shall not be invalid by virtue of any failure to comply with the time limit prescribed in that paragraph.
4
In an appeal to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation), if the special adjudicator agrees that the claim is without foundation, he shall at the conclusion of the hearing pronounce the determination and the reasons therefor and furnish every party to the appeal with written notice of that determination and reasons.
PART III
APPEALS TO TRIBUNAL FROM SPECIAL ADJUDICATOR
Application of Part III
12
This Part applies to appeals to the Tribunal from the determination of a special adjudicator.
Leave to appeal
13
1
An appeal shall be brought only with the leave of the Tribunal.
2
An application for leave to the Tribunal shall be made not later than 5 days after the person making it (“the appellant”) has received notice of the determination against which he wishes to appeal.
3
An application for leave shall be made by serving upon the Tribunal the Form prescribed in the Schedule to these Rules (Form A2) which shall be accompanied by the document (or copy of the document) recording the special adjudicator’s determination.
4
An application for leave shall be determined not later than 5 days after its receipt by the Tribunal.
5
An application for leave shall be determined without a hearing unless the Tribunal considers that there are special circumstances making a hearing necessary or desirable.
6
When an application for leave has been determined, the Tribunal shall forthwith send to the parties to the appeal a notice recording the determination of the application for leave and, where leave to appeal is refused, the reasons for the refusal.
Notice of appeal
14
1
The application for leave to appeal shall be deemed to be the appellant’s notice of appeal and may (as such a notice of appeal) be varied by the appellant with the leave of the Tribunal.
2
The Tribunal shall not later than 5 days after leave to appeal has been granted serve on the parties to the appeal a notice of the date, time and place fixed for the hearing.
Parties
15
1
The parties to an appeal shall be the persons who were the parties to the appeal before the special adjudicator.
2
Where he would not otherwise be a party by virtue of paragraph (1), the United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the Tribunal at any time during the course of the appeal that he desires to be so treated.
Time within which appeal is to be determined
16
Subject to rule 31, every appeal under this Part shall be determined not later than 42 days after the date of service on the Tribunal of the appellant’s notice of appeal.
Determination of appeal
17
1
Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be disposed of by hearing unless —
a
the Tribunal is satisfied, having regard to the material before it or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or
b
the decision which was the subject of the asylum appeal has been withdrawn or reversed, and the Tribunal is satisfied that written notice of the withdrawal or reversal has been given to the appellant.
2
The Tribunal shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (1)(a) or (b).
3
Where the Tribunal considers it appropriate to do so, it may instead of determining the appeal, remit the case to a special adjudicator for determination by him in accordance with any directions given to him by the Tribunal.
Adjournment of hearings
18
1
Subject to rule 16, the Tribunal may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.
2
Where a hearing is adjourned, the Tribunal shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.
Promulgation of determination and reasons therefor
19
The Tribunal shall record the determination on any appeal, and the reasons therefor, and shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons.
PART IV
APPEALS FROM TRIBUNAL
Application of Part IV
20
This Part applies to applications for leave to appeal, on a question of law, from a final determination of an asylum appeal by the Tribunal.
Leave to appeal
21
1
An application to the Tribunal for leave to appeal shall be made not later than 10 days after the party seeking to appeal has received written notice of the determination.
2
An application for leave shall be made by serving upon the Tribunal a notice of application for leave to appeal in the Form prescribed in the Schedule to these Rules (Form A3).
3
An application may be determined by the President or a chairman of the Tribunal acting alone.
4
The Tribunal shall determine the application without a hearing unless it considers that there are special circumstances making a hearing necessary or desirable.
5
The Tribunal shall determine the application, and shall give the parties to the proceedings written notice of the determination and the reasons therefor, not later than 10 days after the Tribunal has received the application.
PART V
GENERAL PROCEDURE
Application of Part V
22
1
This Part applies to —
a
proceedings to which Part II applies (appeals to special adjudicator);
b
proceedings to which Part III applies (appeals to the Tribunal from special adjudicator);
c
proceedings to which Part IV applies (applications for leave to appeal from the Tribunal); and
d
applications for bail.
2
Rule 18 of the 1984 Rules shall apply to this Part as it applies to Part III of the 1984 Rules.
3
Rules 23, 25 to 36, 37 (except paragraph (a)), 38, 40 to 42, 44 and 45 of the 1984 Rules (as applied by this Part) shall apply to this Part as they apply to Part IV of the 1984 Rules.
4
In the 1984 Rules applied by paragraphs (2) and (3) —
a
references to “adjudicator” (other than the reference in rule 33(1) to the chief adjudicator) shall be taken to be references to a special adjudicator; and
b
references to “appellate authority” shall be taken to be references to a special adjudicator or the Tribunal.
5
Rules 23 to 28 amend the application of the 1984 Rules for the purposes of this Part.
Conduct of proceedings at hearings
23
— In rule 28 of the 1984 rules, the words “and after complying where appropriate with the provisions of Rule 8(4) or 11(3)” shall be omitted.
Burden of proof
24
— In rule 31 of the 1984 Rules, the reference in paragraphs (1) and (2) to “the Act” shall be taken to include a reference to the 1993 Act.
Hearing of appeal in absence of appellant or other party
25
— In rule 34 of the 1984 Rules —
a
the reference in paragraph (2) to rule 24 (of the 1984 Rules) shall be taken to be a reference to rules 6 and 10(2) of these Rules (in the case of a hearing before a special adjudicator) and to rules 14(2) and 18(2) of these Rules (in the case of a hearing before the Tribunal); and
b
paragraph (5)(a) shall be omitted.
Summary determination of appeals
26
— In rule 35 of the 1984 Rules, the reference in paragraph (1) to “previous proceedings” shall be treated as including proceedings under the 1993 Act.
Performance of functions of Tribunal
27
— In rule 42 of the 1984 Rules —
a
sub-paragraph (c)(i) shall be omitted;
b
the reference in sub-paragraph (c)(ii) to rule 21(1) shall be taken to be a reference to rule 17(3) of these Rules; and
c
paragraph (c) shall be construed as if it included a reference to rule 31 of these Rules (Tribunal’s power to extend time limit).
Notices etc
28
— In rule 44(1) of the 1984 Rules —
a
in paragraph (c) for the words “to the Immigration and Nationality Department (Appeals Section)” there shall be substituted the words “to the Appeals Support Section of the Asylum Division”; and
b
paragraph (d) shall be omitted.
Mixed appeals
29
1
This rule applies in any case where a person (“the appellant”) is appealing to a special adjudicator or to the Tribunal in relation to any of the grounds mentioned in subsections (1) to (4) of section 8 of the 1993 Act (“the section 8 appeal”) and is also appealing to an adjudicator or to the Tribunal in relation to other grounds under Part II of the 1971 Act (“the Part II appeal”).
2
Where the appellant lodges his Part II appeal before his section 8 appeal has been determined by a special adjudicator or (as the case may be) the Tribunal, the special adjudicator or the Tribunal shall deal with both appeals in the same proceedings.
3
Where the appellant lodges his section 8 appeal before his Part II appeal has been determined by an adjudicator or (as the case may be) the Tribunal, the special adjudicator or (as the case may be) the Tribunal dealing with his section 8 appeal shall deal with both appeals in the same proceedings.
4
These Rules (so far as they relate to appeals to special adjudicators and to the Tribunal) shall apply to the Part II appeal as if that appeal had been a section 8 appeal and shall continue so to apply even if the section 8 appeal is determined before the Part II appeal.
5
Nothing in paragraph (4) shall —
a
prejudice any steps taken under the 1984 Rules before the appellant lodged the section 8 appeal; or
b
require any step to be taken under these Rules which is analogous to a step already taken under the 1984 Rules.
6
An adjudicator, a special adjudicator or the Tribunal may adjourn a section 8 appeal or a Part II appeal so far as is necessary or expedient for complying with a requirement in this rule to deal with both appeals in the same proceedings.
7
For the purposes of this rule, a person shall be taken to be appealing if he has given a notice of appeal in accordance with these Rules (in the case of a section 8 appeal) or in accordance with the 1984 Rules (in the case of a Part II appeal) and, in either case, the appeal has not yet been determined.
Deemed grant of application
30
Where the Tribunal fails to determine any application for leave under rule 13 within the time prescribed, the application shall be deemed to have been granted.
Extension of time limit
31
1
Where under these Rules —
a
a special adjudicator or the Tribunal is required to determine an appeal; or
b
the Tribunal is required to provide written notification of the determination (and the reasons therefor)
at or within a time prescribed, the special adjudicator or (as the case may be) the Tribunal may if necessary extend the time so prescribed either to enable it fairly to determine the appeal or (as the case may be) to provide the notification.
2
An extension may be made notwithstanding that the time prescribed by the time limit in any case has already expired.
Time
32
1
Subject to paragraph (2), any notice or other document that is sent or served under these Rules shall be deemed to have been received —
a
where the notice or other document is sent by post, on the second day after which it was sent; and
b
in any other case, on the day on which the notice or other document was served.
2
Where under these Rules a notice or other document is sent by post to a special adjudicator or to the Tribunal, it shall be deemed to have been received on the day on which it was in fact received by the special adjudicator or, as the case may be, by the Tribunal.
3
For the purpose of these Rules, a notice or other document is received by a special adjudicator or by the Tribunal when it is received by any person employed as a clerk to the special adjudicator or Tribunal.
4
Where under these Rules, an act is to be done not later than a specified period after any event, the period shall be calculated from the expiry of the day on which the event occurred.
5
Where the time provided by these Rules by which any act must be done expires on a Saturday, Sunday or a bank holiday, Christmas Day or Good Friday, the act shall be done in time if done on the next working day.
6
Where, apart from this paragraph, the period in question being a period of 10 days or less would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.
7
In this rule, “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971 as a bank holiday.
Mackay of Clashfern, C.
5th July 1993


text:
Citation and commencement
1
This Order may be cited as the Banking Act 1987 (Disclosure of Information) (Specified Persons) (Revocation) Order 1993 and shall come into force on 29th March 1993.
Revocation
2
The Bank Act 1987 (Disclosure of Information) (Specified Persons) Order 1993 is hereby revoked.
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Leicestershire Ambulance and Paramedic Service 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 Leicestershire Ambulance and Paramedic Service 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 manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Service Headquarters, The Rosings, Forest Road, Narborough, Leicestershire LE9 5EQ and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Leicestershire 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 Leicestershire 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 Leicestershire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tameside and Glossop Community and Priority Services National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Tameside and Glossop Community and Priority Services 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 Tameside and Glossop Community and Priority Services 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 Tameside General Hospital, Fountain Street, Ashton–under–Lyne, Lancs OL6 9RW and associated hospitals;
b
to manage community health services provided from Tameside General Hospital, Fountain Street, Ashton–under–Lyne, Lancs OL6 9RW 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 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Tameside and Glossop 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 Tameside and Glossop 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 Tameside and Glossop Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 and shall come into force on 30 August 1993.
2
In this Order, unless the context otherwise requires —
“an individual potentially qualified to be a scrutineer” means an individual who satisfies the requirement specified in either paragraph (a) of article 3 or paragraph (a) of article 4;
“the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992;
“the relevant provisions” means the provisions of sections 49(2)(a), 75(2)(a), 100A(2)(a) and 226B(2)(a) of the 1992 Act.
Qualifications
2
An individual satisfies the condition specified for the purposes of the relevant provisions in relation to a ballot or election, (as the case may be), if he satisfies the condition specified in article 3 or 4.
3
An individual satisfies this condition if —
a
he has in force a practising certificate issued by the Law Society of England and Wales or the Law Society of Scotland; and
b
he is not disqualified from satisfying this condition by virtue of article 5.
4
An individual satisfies this condition if —
a
he is qualified to be an auditor of a trade union by virtue of section 34(1) of the 1992 Act; and
b
he is not disqualified from satisfying this condition by virtue of article 5.
5
1
An individual potentially qualified to be a scrutineer does not satisfy the condition specified in article 3 or 4 if he or any existing partner of his has —
a
during the preceding 12 months, been a member, an officer or an employee of the trade union proposing to hold the ballot or election; or
b
in acting at any time as a scrutineer for any trade union, knowingly permitted any member, officer or employee of the trade union to assist him in carrying out any of the functions referred to in sections 49(3), 75(3), 100A(3) and 226B(1) of the 1992 Act.
2
References in this article to an officer shall be construed as not including an auditor.
6
A partnership satisfies the condition specified for the purposes of the relevant provisions in relation to a ballot or election, (as the case may be), if —
a
every member of the partnership is an individual potentially qualified to be a scrutineer; and
b
no member of the partnership is disqualified from being a scrutineer by virtue of article 5.
Persons specified by name
7
The following persons are specified for the purposes of the relevant provisions —
Electoral Reform Ballot Services Limited;
The Industrial Society; and
Unity Security Balloting Services Limited.
8
The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1988 is hereby revoked.
Signed by order of the Secretary of State
Michael Forsyth
Minister of State,
Department of Employment
27th July 1993.


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1993 and shall come into force on 12th October 1993.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
in paragraph (1), in the definition of “emoluments”, the words from “and references” to “on account of emoluments” shall be omitted;
b
after paragraph (2) there shall be added —
3
References, however expressed, in these Regulations to payments of emoluments include references to payments on account of emoluments but, except in regulation 46(2)(b), do not include references to payments of emoluments consisting of qualifying removal expenses within the meaning of paragraph 3 of Schedule 11A to the Taxes Act , where the total value to the employee found under paragraph 24(2) of that Schedule exceeds the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee.
4
In regulations 29(1) and 30(1) after the words “provided by the Board” there shall be inserted the words “and delivered to the employer”.
5
In regulations 29(2), 29(3), 30(2), 30(3), 32 and 84(7) for the words “specified by the Board” there shall be substituted the words “which after allowing for the personal relief specified in section 257(1) of the Taxes Act effects deduction of tax at one or more of the rates referred to in regulation 8(4)”.
6
In regulation 40(2) for the words from “in respect of which” to “in accordance with C below” there shall be substituted the words “calculated under regulation 36(2) as due to be repaid in an earlier income tax month but whose repayment was precluded during that income tax month by regulation 36(3)”.
7
In regulation 41(2) for the words from “in respect of which” to “in accordance with C below” there shall be substituted the words “calculated under regulation 36(2) as due to be repaid in an earlier income tax quarter but whose repayment was precluded during that income tax quarter by regulation 36(3)”.
8
For regulation 46(2) there shall be substituted —
2
The particulars specified in this paragraph are particulars of —
a
except as regards any emoluments falling within sub-paragraph (b) of this paragraph and any payments or benefits referred to in paragraph (4) —
i
any emoluments which the employee receives from the employer otherwise than in money,
ii
any payments made on behalf of the employee and not repaid,
iii
any emoluments which the employee is treated by section 141(1) of the Taxes Act as having received in that year by reason of the provision of a non-cash voucher by the employer,
iv
any emoluments which the employee is treated by section 142(1) of the Taxes Act as having received in that year by reason of the provision of a credit-token by the employer, and
v
any living accommodation which has been provided for the employee or for members of his family or household by the employer and of the amount of any emoluments of which the employee is treated by virtue of section 145 or 146 of the Taxes Act , or by virtue of those sections together, as being in receipt in respect of that accommodation, and
b
any emoluments consisting of the amount by which the total value to the employee found under paragraph 24(2) of Schedule 11A to the Taxes Act exceeds the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee.
9
For regulation 46(3) there shall be substituted —
3
The particulars specified in this paragraph are particulars of —
a
except as regards any emoluments falling within paragraph (2)(b) and any payments referred to in paragraph (4) —
i
any payments made by the employer to the employee by reason of his employment in respect of expenses, and
ii
any sums put by the employer at the disposal of the employee by reason of his employment and paid away by him, and
b
any benefits provided by the employer for the employee (or for any other person) by reason of his employment such as give rise to any charge to tax under sections 154 to 165 of the Taxes Act, not being benefits which constitute emoluments within paragraph (2)(b).
10
After regulation 46(3) there shall be added —
4
The payments and benefits referred to in this paragraph are —
a
payments falling within paragraph 1(1)(a) or (b) of Schedule 11A to the Taxes Act, and
b
benefits falling within paragraph 1(1)(c) of that Schedule,
where the total value to the employee found under paragraph 24(2) of that Schedule does not exceed the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee.
11
In regulation 65(1) for the words “when required to do so” there shall be substituted the words “if the reservist so requires”.
12
In regulation 82(2) for the words “applied to” there shall be substituted the words “applied by”.
13
In regulation 92(2) for the words “regulation 17” there shall be substituted the words “regulation 17(1)(c) in relation to any payment of taxable benefit made after the death of the claimant”.
Revocation
14
Regulation 8 of the Profit-Related Pay (Shortfall Recovery) Regulations 1988 is hereby revoked.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
17th September 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No.2) Regulations 1993 and shall come into force on 22nd December 1993.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1992 .
Amendment of regulation 5 of the principal Regulations
2
1
Regulation 5 of the principal Regulations (application for inclusion in the dental list) is amended as follows.
2
In paragraph (2), for “paragraph (4)” there is substituted “paragraphs (3A) and (4)”.
3
In paragraph (3), for “regulation 5A” there is substituted “these Regulations”.
4
After paragraph (3) there is inserted —
3A
Where a dentist’s application for a vocational training number is refused, the FHSA shall immediately determine to refuse his application under paragraph (1) on that ground alone, but the function of so doing shall be exercised on behalf of the FHSA by the Dental Vocational Training Authority .
5
At the end of paragraph (4) there is inserted “and shall then apply as if the reference to the date of receipt of the application were a reference to the date of receipt of notice of his vocational training number”.
Amendment of regulation 5A of the principal Regulations
3
1
Regulation 5A of the principal Regulations (applications for vocational training numbers) is amended as follows.
2
In the heading, at the end there is inserted “and notices of refusal to include in dental list”.
3
For paragraph (8) there is substituted —
8
If the Dental Vocational Training Authority determines not to allocate a vocational training number to the applicant, and therefore also determines to refuse his application under regulation 5(1), it shall within the period of 10 days beginning with the date of the latter determination send him —
a
notice of the two determinations and of the reasons for them; and
b
a statement telling him about his right to appeal to the Appeal Body against the refusal to include his name in a dental list because he has been refused a vocational training number, and giving the address to which any notice of appeal must be sent.
Amendment of heading to regulation 5B of the principal Regulations
4
In the heading to regulation 5B of the principal Regulations, the words after “Appeal body” are omitted.
Amendment of regulation 5C of the principal Regulations
5
1
Regulation 5C of the principal Regulations (procedure on appeal) is amended as follows.
2
For paragraph (1) there is substituted —
1
A dentist whose application under regulation 5(1) has been refused because he has been refused a vocational training number may appeal against the refusal of his application under regulation 5(1) on the ground that he should have been allocated a vocational training number.
1A
A successful appeal on this ground does not prevent the FHSA from subsequently refusing his application under regulation 5(1) on another ground.
1B
Such a dentist shall appeal against the refusal by giving the Appeal Body, within the period of 28 days beginning with the date upon which he receives the notice provided for in regulation 5A(8) (or such extended period as the Appeal Body may allow pursuant to paragraph (2)), a written notice of appeal setting out a statement of the facts and contentions on which he intends to rely.
3
In paragraph (14), at the end there is inserted “; and shall cancel its refusal on behalf of the FHSA of the dentist’s application under regulation 5(1)”.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
15th December 1993


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Orders 1993 Revocation Order 1993 and shall come into force at 1400 hours on 17th September 1993.
Revocation
2
The Orders listed in the Schedule hereto are hereby revoked.
E C Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
17th September 1993


text:
1
This Order may be cited as the Education (Dissolution of the Council for National Academic Awards) Order 1993 and shall come into force on 20th April 1993.
Dissolution
2
The Council for National Academic Awards (“the CNAA ”) is hereby dissolved.
Transfer of property, rights and liabilities
3
All property, rights and liabilities to which the CNAA is entitled or subject immediately before this Order comes into force are hereby transferred to and vest in the Secretary of State for Education.
John Patten
Secretary of State for Education
30th March 1993


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 1993.
2
The Firearms Consultative Committee shall, following the expiry of the initial period of its existence specified in section 22(8) of the Firearms (Amendment) Act 1988, continue to exist for a period of three years beginning on 1st February 1994.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
27th November 1993


text:
Citation and Commencement
1
This Order may be cited as the Tower Hamlets Housing Action Trust (Area and Constitution) Order 1993 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the Tower Hamlets Housing Action Trust (Area and Constitution) Order 1993”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the London Borough of Tower Hamlets.
Designation of housing action trust area
3
The area of land shown on the map bounded externally by a black line and edged internally with a stippled band is hereby designated as a housing action trust area.
Establishment of the Tower Hamlets Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the Tower Hamlets Housing Action Trust.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
29th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mayday Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 22nd January 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 22nd January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mayday Healthcare 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 Mayday Healthcare 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 Mayday University Hospital, Mayday Road, Thornton Heath, Surrey CR7 7YE;
b
to manage community health services provided from Mayday University Hospital, Mayday Road, Thornton Heath, Surrey CR7 7YE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 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 Croydon 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 Croydon 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 Croydon Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th January 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, unless the context otherwise requires–
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the 1948 Act ” means the National Assistance Act 1948;
“the 1968 Act ” means the Social Work (Scotland) Act 1968;
“nursing home” has the meaning prescribed in regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes);
“preserved right” means a preserved right for the purposes of regulation 19 of the Income Support Regulations ;
“residential care home” has the meaning prescribed in regulation 19(3) of the Income Support Regulations ;
“temporarily absent” means absent for a period which does not exceed–
unless throughout the period of absence the person was a patient–
4 weeks, where he was before his absence a temporary resident in relevant premises,
13 weeks, where he was before his absence a permanent resident in relevant premises;
52 weeks, where throughout the period of absence the person was a patient, and for these purposes a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 , and “permanent resident” and “temporary resident” have the same meanings as in regulation 19 of the Income Support Regulations;
“unavailable premises” means–
in relation to any premises from which a person has been evicted, those premises;
in relation to premises from which a person is temporarily absent and to which he will not be allowed to return, those premises;
in relation to premises in respect of which a person has been served with a notice to quit, those premises.
3
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Relevant premises
2
1
In section 26A(1) of the 1948 Act (exclusion of powers to provide accommodation in certain cases), “relevant premises” shall include premises which are an establishment in which residential accommodation with both board and personal care is or is intended to be provided for fewer than four persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.
2
In section 86A(1) of the 1968 Act (exclusion of powers to provide accommodation in certain cases), “relevant premises” shall include premises which are an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the 1968 Act.
3
In both section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act, “relevant premises” shall include premises run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society.
Persons treated as ordinarily resident in relevant premises
3
A person shall be treated as ordinarily resident in relevant premises for the purposes of section 26A(1) of the 1948 Act and section 86A(1) of 1968 Act if he is in fact resident in such premises or if he is temporarily absent from such premises.
Exemption for persons for whom local authorities already accept responsibility
4
Section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to any person who on 31st March 1993 was ordinarily resident in accommodation which was provided in accordance with arrangements made by a local authority under–
a
Part III of the 1948 Act;
b
section 21 of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 (care and aftercare);
c
the 1968 Act; or
d
section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities).
Exemptions for persons without preserved rights
5
1
Subject to paragraph (2), section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to any person who on 1st April 1993 does not have a preserved right by virtue of regulation 19(1ZB) or (1ZC) of the Income Support Regulations (preserved rights).
2
Subject to paragraph (3), where a person acquires a preserved right on or after 1st April 1993 by virtue of regulation 19(1ZC) of the Income Support Regulations, paragraph (1) shall cease to apply to that person from the date on which he acquires the preserved right.
3
Section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to any person who ceases to have a preserved right by virtue of regulation 19(1ZF) or (1ZG) of the Income Support Regulations .
Exemption for persons under pensionable age with continuing preserved rights
6
Subject to the provisions of regulation 7, section 26A(1) of the 1948 Act and Section 86A(1) of the 1968 Act shall not apply to any person with a preserved right who on 31st March 1993 has not attained pensionable age.
Special provisions in respect of persons under pensionable age
7
1
Regulation 6 shall cease to apply to a person in circumstances where–
a
on or after 1st April 1993 he attains pensionable age; and
b
the local authority has not, before he attains pensionable age, accepted responsibility for making arrangements to provide him with accommodation.
2
If on or after 1st April 1993 a person to whom regulation 6 applies (for the purposes of this regulation called “the resident”)–
a
approaches a local authority for assistance with arranging accommodation immediately after having been evicted from relevant premises;
b
will not be allowed to return to live in relevant premises from which he is temporarily absent; or
c
has been served with a notice to quit the relevant premises in which he is ordinarily resident,
for any reason other than that those premises have ceased or are about to cease to operate as a residential care home or a nursing home, no accommodation is to be provided for him in any premises which are owned or managed by any person who owned or managed the unavailable premises.
Exemption for persons over pensionable age in residential care homes
8
Subject to the provisions of regulation 9, section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to a person with a preserved right who–
a
on 31st March 1993 was ordinarily resident in a residential care home as defined in regulation 19(3) of the Income Support Regulations as then in force ; and
b
either–
i
on 31st March 1993 has attained pensionable age, or
ii
attains pensionable age on or after 1st April 1993 but to whom regulation 6 has ceased to apply by virtue of regulation 7(1).
Special provisions in respect of persons over pensionable age
9
1
Regulation 8 shall apply only to a person who–
a
on or after 1st April 1993–
i
approaches a local authority for assistance with arranging accommodation immediately after having been evicted from a residential care home,
ii
will not be allowed to return to live in a residential care home from which he is temporarily absent, or
iii
has been served with a notice to quit the residential care home in which he is ordinarily resident; and
b
is assessed by a local authority as needing accommodation in premises which are not a nursing home,
but once a person has on any date satisfied sub-paragraphs (a) and (b) of this paragraph, regulation 8 shall not thereafter cease to apply to that person from that date.
2
If on or after 1st April 1993 a person to whom regulation 8 applies (for the purposes of this paragraph called “the resident”)–
a
approaches a local authority for assistance with arranging accommodation immediately after having been evicted from relevant premises;
b
will not be allowed to return to live in relevant premises from which he is temporarily absent; or
c
has been served with a notice to quit the relevant premises in which he is oridinarily resident,
for any reason other than that those premises have ceased or are about to cease to operate as a residential care home or a nursing home, no accommodation is to be provided for him in any premises which are owned or managed by any person who owned or managed the unavailable premises.
Virginia Bottomley
Secretary of State for Health
4th March 1993
Fraser of Carmyllie
Minister of State Scottish Office
4th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993 and shall come into force on 29th March 1993.
2
In this Order “Programme” means the Training for Work Scottish Enterprise Programme or the Training for Work Highlands and Islands Enterprise Programme.
Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule
2
For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under a Programme shall be treated as not being employed but as participating in arrangements for training under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 and, accordingly, any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.
Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992
3
A payment made to a person in connection with his use of facilities provided under a Programme shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 .
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th March 1993