text:
Citation and commencement
1
1
These Regulations may be cited as the Council Tax (Reductions for Disabilities) (Amendment) Regulations 1993 and shall come into force on 15th February 1993.
Amendment of Regulations
2
Regulation 1 of the Council Tax (Reductions for Disabilities) Regulations 1992 shall be amended —
a
by the deletion from paragraph (2) —
i
at the end of the definition of “qualifying individual” of the word “and” and the semicolon immediately preceding that word; and
ii
of the definition of “relevant valuation band”; and
b
by the addition, after paragraph (3), of the following paragraphs —
4
Any reference in these Regulations to the relevant valuation band in relation to a dwelling is a reference to the valuation band shown as applicable to the dwelling —
a
in the billing authority’s valuation list; or
b
if no such list is in force —
i
except in a case to which paragraph (5) applies, in the copy of the proposed list supplied to the authority under section 22(5)(b) of the Act;
ii
in a case to which paragraph (5) applies, in information which for the purposes of this paragraph is relevant information.
5
This paragraph applies where the listing officer supplies the authority with information relating to property shown in the proposed list (including information relating to the application to such property of article 3 or 4 of the Council Tax (Chargeable Dwellings) Order 1992); and such information is relevant information for the purposes of paragraph (4)(b)(ii) to the extent that it differs from information contained in the proposed list.
Michael Howard
Secretary of State for the Environment
4th February 1993
David Hunt
Secretary of State for Wales
5th February 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Vehicles Excise Duty (Simplification of Goods Vehicles Rates) Order 1993 and comes into force on 8th November 1993.
2
Schedule 1 to this Order modifies Schedule 4 to the Vehicles (Excise) Act 1971 .
3
The enactments specified in Schedule 2 to this Order are repealed in consequence of Schedule 1.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
11th October 1993


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1993 and shall come into force on 1st December 1993.
2
In this Scheme “the principal Scheme” means the Farm and Conservation Grant Scheme 1989 .
Savings
2
Paragraph 7(a)-(e) of this Scheme shall not apply in relation to any claim for grant towards expenditure incurred for the purposes of the principal Scheme before 1st December 1993 and those provisions of this Scheme shall not affect the operation of the principal Scheme in relation to any such claim for grant.
Variation of the principal Scheme
3
The principal Scheme shall be further varied in accordance with the following paragraphs of this Scheme.
4
In paragraph 3(1) (payment of grants), after sub-paragraph (a)(iv) there shall be inserted the following sub-paragraph:
v
on or after 1st December 1993 in respect of any work, facility or transaction of a kind specified in paragraph 9A in column 1 of Schedule 1;
.
5
In paragraph 5 (amounts of grant), in sub-paragraphs (1) and (4), for the words “paragraphs 1 to 9” there shall be substituted the words “paragraphs 1 to 9A”.
6
1
In paragraph 7(2) (closing dates for claims and incurring certain expenditure), in sub-paragraph (c), for the date “16th November 1994” there shall be substituted the date “16th November 1995”.
2
In paragraph 7(3), in sub-paragraph (b), for the date “17th November 1993” there shall be substituted the date “17th November 1994”.
7
In Schedule 1 (“ELIGIBLE WORKS, FACILITIES AND TRANSACTIONS AND RATES OF GRANT”) —
a
in each of paragraphs 1(a) and (d)(i), 2, 3 and 4, in column 2, for the figure “40” there shall be substituted the figure “25”, and in column 3, for the figure “50” there shall be substituted the figure “30”;
b
in paragraph 1(b) —
i
in column 1, the words “(except those specified in sub-paragraph (c) below)” shall be deleted; and
ii
in columns 2 and 3, for the figure “50” there shall be substituted the figure “25”;
c
paragraph 1(c) shall be deleted;
d
in paragraph 1(d)(ii), in column 3, for the figure “50” there shall be substituted the figure “30”;
e
in paragraph 5, in column 2, for the figure “35” there shall be substituted the figure “20”, and in column 3, for the figure “35” there shall be substituted the figure “25”;
f
after the entries numbered 9, there shall be inserted the following entries in columns 1, 2 and 3 —
9A
Provision and installation of means of public access to agricultural land (including field gates, stiles and footbridges).
25 30
g
in paragraph 10, for the words “paragraphs 1 to 9” there shall be substituted the words “paragraphs 1 to 9A”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th November 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd November 1993
John Redwood
Secretary of State for Wales
22nd November 1993
We approve,
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 1993


text:
Citation, commencement and duration
1
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route Traffic Order 1993 and shall come into force on 23rd April 1993 immediately after the A1 Trunk Road (Islington) Red Route Order 1993 comes into force.
Interpretation
2
1
In this Order–
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meaning as in Part II of the Transport Act 1985 ; and “trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 .
3
For the purposes of this Order, a vehicle shall be deemed–
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(3) in a length of road specified in a Schedule if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period;
and for the purposes of article 4(3), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 9 shall not be regarded as a previous period when that vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in Part of a Schedule is–
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule or Part of that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or Part of the Schedule in question which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Haringey.
5
Unless the context otherwise requires, a reference in this Order–
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order, and
b
to a numbered paragraph is a reference to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to the lengths of road in the London Borough of Haringey specified in Schedule 1 (such lengths being referred to in this Order collectively as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the restricted hours in the trunk road red route.
2
Paragraph (1) does not apply to any length of road specified in Part I of Schedule 2.
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours–
a
in any length of road specified in Part II of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours;
b
in any length of road specified in Part III of Schedule 2 for a period of up to 20 minutes not being a period separated by an interval of less than 40 minutes from a previous period when that vehicle was at rest in that length of road during the prescribed hours; or
c
in any length of road specified in Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle–
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
4
Paragraph (1) does not prohibit a person from causing or permitting a vehicle displaying a disabled persons' badge in a relevant position to wait during the prescribed hours–
a
in a length of road specified in Part II or III of Schedule 2, or
b
in any length of road specified in Schedule 3 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
5
In this article “restricted hours” means the period from 0800 hours to 1900 hours on Mondays to Fridays inclusive.
6
In this article, “prescribed hours”, in relation to a length of road specified in a Schedule or a Part of a Schedule shown in an item in column (3) of the Table below, means the period shown in that item in column (2) of that Table.
Table
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 2, Part II 2 1000 hours to 1600 hours on Mondays to Schedule 3 Fridays inclusive. Schedule 2, Part III
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4 no person shall cause or permit a vehicle to stop or remain at rest at any time–
a
in any part of the trunk road red route other than at the edge of the carriageway, or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service–
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985,
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 in Schedule 2 to the Traffic Signs Regulations 1981 .
7
Nothing in this Order prohibits a person from causing or permitting–
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonably practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to–
a
a vehicle being used–
i
for fire brigade, ambulance or police purposes; S.I. 1981/859 ; to which there are no relevant amendments.
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the person in control is–
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Amendments and revocation
10
1
In the Greater London (Waiting Restrictions) (Exemptions for Disabled Persons) Order 1975 , in article 3 at the end of paragraph (2) there shall be inserted the words “or the A1 Trunk Road (Haringey) Red Route Traffic Order 1993,”.
2
The A1 Trunk Road (Haringey) Red Route Experimental Traffic Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Transport.
Simon C. Whiteley
Assistant Secretary London Regional Directorate of the
Department of Transport
25th March 1993


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1993 and shall come into force on 24th December 1993.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Dairy Produce Quotas Regulations 1993 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Definitions
4
In regulation 2(1) of the principal Regulations —
a
after the definition of “Commission Regulation” there shall be inserted the definition:
“Community compensation scheme” means the scheme instituted by Council Regulation ( EEC ) No.2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade and Commission Regulation (EEC) No.2648/93 laying down detailed rules for the application of Council Regulation (EEC) No.2187/93 ;
;
b
for the definition of “Community legislation” there shall be substituted the definition;
“Community legislation” means the Council Regulation, the Commission Regulation and the Community compensation scheme;
.
Withholding or recovery of compensation
5
After regulation 30 of the principal Regulations there shall be inserted —
Withholding or recovery of compensation
30A
Where a producer has submitted an application for compensation in accordance with the Community compensation scheme and it appears to the Minister that the producer has made a false or misleading statement in his application, or has failed to comply with any of the requirements of that scheme, the Minister may withhold or recover on demand from that producer the whole or any part of the compensation payable or paid to him.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
21st December 1993


text:
Citation
1
This Order may be cited as the Medway Ports Authority (Dissolution) Order 1993.
Dissolution of the Authority
2
The Medway Ports Authority shall be dissolved on 5th May 1993.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
4th May 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£35.90” there is substituted “£36.90”; and
b
in paragraph (3), for “£9.00” there is substituted “£9.20”.
Amendment of Schedules to the principal Regulations
3
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement), in column 3 (face value of voucher), for each amount specified in column 1 of the Table below there is substituted the amount specified in relation to it in column 2 of that Table.
TABLE
Column 1 Column 2 Old Amount New Amount
£ 23.70 £ 24.40 £ 37.40 £ 38.40 £ 51.00 £ 52.40 £100.00 £102.80 £ 41.00 £ 42.10 £ 54.00 £ 55.50 £ 65.00 £ 66.80 £110.00 (in both places where it appears) £113.00 £ 35.90 £ 36.90
2
In Schedule 2 to the principle Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens), for “£4.60” there is substituted “£4.70”;
b
in paragraph 1(1)(b) (prism — other lens), for “£5.70” there is substituted “£5.90”;
c
in paragraph 1(1)(c) (single vision tinted lens), for “£2.30” there is substituted “2.40”;
d
in paragraph 1(1)(d) (other tinted lens), for “£2.85” there is substituted “£2.90”;
e
in paragraph 1(1)(e) (small glasses) —
i
in sub-head (i), for “£39.40” there is substituted “£40.50”,
ii
in sub-head (ii), for “£35.00” there is substituted “£36.00”, and
iii
in sub-head (iii), for “£18.90” there is substituted “£19.40”;
f
in paragraph 1(1)(f) (photochromic lenses), for “£2.30” there is substituted “£2.40” and for “£2.85” there is substituted “£2.90”;
g
in paragraph (1)(1)(g) (specially manufactured frames), for “£39.40” there is substituted “£40.50”;
h
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.00” there is substituted “£4.10”; and
i
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£21.60” there is substituted “£22.20”.
3
For Schedule 3 to the principal Regulations (voucher values — repair) there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
4
The amendments made by these Regulations apply only in relation to a voucher —
a
accepted or used pursuant to regulation 12 or regulation 18 of the principal Regulations on or after 1st April 1993; or
b
provided to a health authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.
Signed by authority of the Secretary of State for Health.
Brian Mawhinney
Minister of State,
Department of Health
2nd March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 Lincoln 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 Lincoln 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 County Hospital, Greetwell Road, Lincoln LN2 5QY 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 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 North Lincolnshire 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 North Lincolnshire 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 North Lincolnshire 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 and commencement
1
This Order may be cited as the East Worcester and Severn Trent Water (Amendment of Local Enactments etc.) Order 1993 and shall come into force on1st September 1993.
Amendment of references in local statutory provisions etc.
2
1
As from 1st September 1993 any reference to, or to the undertaking of, East Worcester in any local statutory provision and in any charges scheme made by East Worcester under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2) below, as a reference to Severn Trent or, as the case may be, to the undertaking of Severn Trent.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 1st September 1993.
Signed by authority of the Secretary of State
Neil Summerton
An Under Secretary in the
Department of the Environment
25th August 1993


text:
Title and commencement
1
These Rules may be cited as the Building Societies (Aggregation) Rules 1993 and shall come into force on 31st December 1993.
Interpretation
2
1
In these Rules–
a
“ the Act ” means the Building Societies Act 1986;
b
“attributable assets”, in relation to a body, means the aggregate of its class 1 assets, its class 2 assets and its class 3 assets, less the aggregate of its excluded assets, and for the purposes of classifying the assets of the body Part III of the Act (advances, loans and other assets) shall apply as it applies for the purposes of classifying the assets of a society;
c
“corresponding membership rights” has the meaning given by section 18(17);
d
“deposit liabilities”, in relation to a body, means liabilities in respect of the principal of, and interest payable on, money desposited with the body which are not–
i
excluded liabilities; or
ii
liabilities incurred in the course of providing a service for the time being specified in Part I of Schedule 8 to the Act (powers to provide services) other than a banking service;
e
“excluded assets”, in relation to a body, means commercial assets (namely class 1 assets, class 2 assets or class 3 assets) of the body which–
i
are represented by a liability of the society or another relevant body associated with the society; or
ii
if the body is an insurance company within the meaning of section 96 of the Insurance Companies Act 1982 , are assets representing the fund or funds maintained by the company under section 28(1)(b) of that Act in respect of its long term business;
f
“excluded liabilities”, in relation to a body, means liabilities of the appropriate kind (namely non–retail liabilities as defined in rule 3(2) or deposit liabilities as defined in (d) above) which are represented by assets of the society or another relevant body associated with the society;
g
“holds”, in relation to shares or corresponding membership rights, means holds directly or through another body (or bodies) corporate or partly directly and partly through another body (or bodies) corporate and other derivatives of “hold” shall be construed accordingly;
h
“relevant body”, in relation to a building society, means a body corporate in which the society holds shares or corresponding membership rights, where–
i
the body is a subsidiary undertaking of the society; or
ii
the relevant percentage of shares or corresponding membership rights held by the society, or by another relevant body associated with the society (for which purpose the definition of “the relevant percentage” in (j) below shall apply with the substitution of references to that other body for references to the society), or by the society and any such body, is 15% or more,
and in these Rules such a body is said to be “associated” with the society; and
j
“the relevant percentage”, in relation to a body associated with a building society, means the percentage of shares or corresponding membership rights held by the society in the body determined in accordance with section 838(4) to (10) of the Income and Corporation Taxes Act 1988 with the substitution in that section of “shares or corresponding membership rights” for “ordinary share capital” and “holds” (and other derivatives of “hold” as appropriate) for “owns” (and other derivatives of “own”).
2
In these Rules, except where otherwise stated, a reference to a section is a reference to a section of the Act, a reference to a rule is a reference to a rule in these Rules and a reference in a rule to a paragraph is a reference to a paragraph of that rule.
Aggregation of liabilities in respect of non–retail funds and deposits
3
1
Where a building society is associated with a relevant body there shall be attributed to the society for the purposes of section 7(3)–
a
for the purposes of determining the liabilities of the society in respect of its non– retail funds and deposits, the relevant percentage of the non–retail liabilities of the body; and
b
for the purposes of determining the total liabilities in respect of shares in or money deposited with the society, the relevant percentage of the deposit liabilities of the body.
2
In paragraph (1) “non–retail liabilities” means liabilities of the body in respect of its non–retail funds and deposits of the kind described in section 7(4) which are not–
a
excluded liabilities; or
b
liabilities in respect of which an election is in force in respect of the society under section 7(5),
and for the purposes of this paragraph references in section 7 to a building society, except in relation to shares in the society, shall be construed as references to the body.
Disregard of liabilities of societies for the purposes of section 7(3)
4
In determining for the purposes of section 7(3) the liabilities of a building society there shall be disregarded those liabilities that are represented by assets of any relevant body with which the society is associated.
Aggregation of liabilities in respect of deposits
5
Where a building society is associated with a relevant body there shall be attributed to the society for the purposes of section 8(1) the relevant percentage of the deposit liabilities of the body.
Disregard of liabilities of societies for the purposes of section 8(1)
6
In determining for the purposes of section 8(1) the liabilities of a building society there shall be disregarded those liabilities that are represented by assets of any relevant body with which the society is associated.
Aggregation of assets
7
1
Where a building society is associated with a relevant body there shall be attributed to the society for the purposes of section 20 the relevant percentage of the attributable assets of the body.
2
Subject to paragraph (3), class 1 assets of the body shall be attributed as class 1 assets of the society, and so on for classes 2 and 3, except (in the case of class 1 only) if the aggregate amount of class 1 assets attributed to a society under paragraph (1) exceeds 15% of the society’s total commercial assets (including those attributed under paragraph (1)) the excess shall be attributed to class 2.
3
Assets shall be attributed as class 1 assets of the society only if the society is satisfied in relation to the advances constituting those assets that if made by the society they would have qualified as class 1 advances, and similarly in respect of class 2 assets.
4
Where before the coming into force of these Rules a society has obtained certificates under rule 7 of the Building Societies (Aggregation) Rules 1990 in respect of an asset, it may rely on those certificates in respect of that asset for the purposes of paragraph (3) above.
Disregard of assets of societies for the purposes of section 20
8
1
In determining the purposes of section 20 the asset holding of a building society, subject to paragraphs (2) and (3), there shall be disregarded those commercial assets that are represented by a liability of any relevant body with which the society is associated.
2
The aggregate amount of assets of a society disregarded under paragraph (1) by virtue of being represented by a liability of a relevant body with which the society is associated (“relevant disregardable assets”) shall not exceed the aggregate amount of assets of the relevant body attributed to the society under rule 7(1) (“relevant attributable assets”).
3
If a society’s relevant disregardable assets comprise assets of both classes 2 and 3 and are (in aggregate) greater than the relevant attributable assets the society’s class 3 assets shall be disregarded under this rule in priority to its class 2 assets.
Revocation of previous Rules
9
The Building Societies (Aggregation) Rules 1990 and the Building Societies (Aggregation) (Amendment) Rules 1992 are hereby revoked.
In witness whereof the Common Seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 11th November 1993.
T. F. Mathews
Commissioner
We consent to these Rules,
Timothy Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) ( No. 2) Order 1993 and shall come into force on 1st October 1993.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st October 1993;
“the new authorities” means Berkshire Health Authority, North Cheshire Health Authority, Sefton Health Authority and South and East Cheshire Health Authority, being in each case an authority established by the National Health Service (District Health Authorities) (No. 2) Order 1993 ;
“the old authorities” means Crewe Health Authority, East Berkshire Health Authority, Halton Health Authority, Macclesfield Health Authority, Southport and Formby Health Authority, South Sefton (Merseyside) Health Authority, Warrington Health Authority and West Berkshire Health Authority, the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the 1981 Order ” means the National Health Service (Determination of Districts) Order 1981 ;
“the relevant new authority” —
as respects the old authorities Crewe Health Authority and Macclesfield Health Authority, means South and East Cheshire Health Authority;
as respects the old authorities East Berkshire Health Authority and West Berkshire Health Authority, means Berkshire Health Authority;
as respects the old authorities Halton Health Authority and Warrington Health Authority, means North Cheshire Health Authority;
as respects the old authorities Southport and Formby Health Authority and South Sefton (Merseyside) Health Authority, means Sefton Health Authority.
Variation of districts
2
1
Crewe District, East Berkshire District, Halton District, Macclesfield District, Southport and Formby District, South Sefton (Merseyside) District, Warrington District and West Berkshire District are hereby abolished.
2
Buckinghamshire District is varied so as to include, in the district of South Bucks in the county of Buckinghamshire, the parishes of Burnham, Dorney, Farnham Royal, Fulmer, Hedgerley, Iver, Stoke Poges, Taplow and Wexham.
3
Oxfordshire District is varied so as to include, in the district of South Oxfordshire in the county of Oxfordshire, the parishes of Bix, Checkendon, Eye and Dunsden, Goring, Goring Heath, Harpsden, Henley-on-Thames, Highmoor, Ipsden, Kidmore End, Mapledurham, Nettlebed, Nuffield, Pishill with Stonor, Rotherfield Greys, Rotherfield Peppard, Shiplake, Sonning Common, South Stoke, Stoke Row, Swyncombe, Whitchurch and Woodcote.
4
There are determined 4 new districts to be known as —
a
Berkshire District, comprising —
i
the former East Berkshire District, but excluding, in the district of South Bucks in the county of Buckinghamshire, the parishes listed in paragraph (2) of this article, and
ii
the former West Berkshire District, but excluding, in the district of South Oxfordshire in the county of Oxfordshire, the parishes listed in paragraph (3) of this article;
b
North Cheshire District, comprising the former Halton District and the former Warrington District;
c
Sefton District, comprising the former Southport and Formby District and the former South Sefton (Merseyside) District;
d
South and East Cheshire District comprising the former Crewe District and the former Macclesfield District.
5
In Part I of Schedule 1 to the 1981 Order —
a
the entries in columns (1), (2) and (3) relating to Buckinghamshire District, Crewe District, East Berkshire District, Halton District, Macclesfield District, Oxfordshire District, Southport and Formby District, South Sefton (Merseyside) District, Warrington District and West Berkshire District are omitted;
b
at the appropriate point there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of the Schedule to this Order.
6
In paragraph (5)(b) of this article “the appropriate point” means —
a
in relation to Berkshire District, after the entries relating to Winchester District;
b
in relation to Buckinghamshire District, after the entries relating to Berkshire District;
c
in relation to North Cheshire District, after the entries relating to Chester District;
d
in relation to Oxfordshire District, after the entries relating to Northampton District;
e
in relation to Sefton District, after the entries relating to North Cheshire District;
f
in relation to South and East Cheshire District, after the entries relating to Sefton District.
Transfer of officers employed by old authorities
3
1
Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by any of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
Winding up of affairs of old authorities
6
It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Accounts of old authorities
7
Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made by or given to or by, the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, determined to be made available under section 65 of the Act, they continue to be determined to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and to the Regional Health Authority in whose region the district of that new authority is situated.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th September 1993


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) Order 1993 and shall come into force on 30th March 1993.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1993 out of the compensation funds named in Column 1 of the Schedule to this Order the amounts specified in Column 2 of the Schedule which are hereby determined to be the amounts of the expenses of the Commission during the periods specified in Column 3 of the Schedule attributable to the discharge by the Commission of their functions in relation to the distribution of sums from those compensation funds.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Importation of Bovine Semen (Amendment) Regulations 1993 and shall come into force on 25th August 1993.
Amendment to the Importation of Bovine Semen Regulations 1984
2
For Regulation 3(2) of the Importation of Bovine Semen Regulations 1984 there shall be substituted the following:
2
A licence may be either general or specific, and in the case of a general licence shall be issued by the publication in such manner as appears to the appropriate Minister to be sufficient to bring it to the notice of those persons likely to be affected by it.
3
The appropriate Minister may vary, revoke or suspend a licence —
a
in the case of a general licence by a notice published, so far as practicable, in the same manner as the licence, and
b
in the case of a specific licence by a notice in writing served on the person to whom the licence was issued.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
21st July 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd July 1993
John Redwood
Secretary of State for Wales
23rd July 1993


text:
Citation and commencement
1
This Order may be cited as the North Norfolk Action (Miscellaneous Provisions) Order 1993 and shall come into force on 10th May 1993.
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 North Norfolk Action shall be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act 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 North Norfolk Action shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 .
Signed by Order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
14th April 1993


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No.2) (Partial Revocation No.2) Order 1993 and shall come into force on 8th December 1993.
Partial revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No.2) Order 1993 is hereby revoked insofar as it applies in relation to farmed salmon which smolted in 1993 and were introduced into waters in the designated area on or after 1st March 1993.
E Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
7th December 1993


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government Finance (Housing) (Consequential Amendments) (Amendment) Order 1993 and shall come into force on 23rd April 1993.
2
This Order extends to England and Wales only.
Amendment of Order
2
For paragraph 18 of Schedule 1 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (amendments to the Housing Act 1988 ) substitute —
18
After section 41A (amounts attributable to services) insert
Provision of information as to exemption from council tax
41B
A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or rent assessment committee in connection with his or their functions under any enactment, inform the rent officer or rent assessment committee in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.
.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
21st April 1993


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order (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.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip 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.
4
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 PSE/O/A249/4/65/2/2 marked “The A249 Trunk Road (M2 to Bobbing Improvement Slip Roads) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Rom-ney House, 43 Marsham Street, London SW1P 3PY, which folio contains two site plans numbered respectively “1” and “2”;
ii
“the main new trunk road” means the highway along the route described in paragraph 2 of the Schedule to the A249 Trunk Road (M2 to Bobbing Improvement) Order 1993 which is to be constructed by the Secretary of State in pursuance of that Order;
iii
“the trunk road” means the A249 Trunk Road.
5
This Order shall come into force on 23rd March 1993 and may be cited as the A249 Trunk Road (M2 to Bobbing Improvement Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
18th February 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Offshore Safety (Repeals and Modifications) Regulations 1993.
2
These Regulations shall come into force on 23rd August 1993.
Interpretation
2
In these Regulations —
“the 1962 Act ” means the Pipe-lines Act 1962 ;
“the 1971 Act ” means the Mineral Workings (Offshore Installations) Act 1971 ;
“the 1974 Act ” means the Health and Safety at Work etc.Act 1974 ;
“the 1975 Act ” means the Petroleum and Submarine Pipe-lines Act 1975 ;
“the 1987 Act ” means the Petroleum Act 1987 ;
“ the Executive ” means the Health and Safety Executive.
Repeals and revocations
3
1
In the 1971 Act, the following are hereby repealed, namely —
a
section 2 (registration of offshore installations);
b
in section 3 (construction and survey regulations for offshore installations), subsections (1) to (3);
c
in section 4 (managers of offshore installations), subsection (2) and, in subsection (7), the words “in relation to any class or description of installation by regulations under this Act, or”;
d
in section 5 (further provisions as to managers), in subsection (9), the words “in relation to any class or description of installation by regulations under this Act, or”;
e
section 6 (safety regulations);
f
in section 7 (regulations: general provisions), subsections (1) and (2), in subsection (4), the words “in relation to any class or description of installation by the regulations, or”, in subsection (5), the words “by regulations under this Act, or” and “regulations or”, and subsections (7) and (8); and
g
the Schedule (subject matter of regulations).
2
In the 1975 Act, the following are hereby repealed, namely —
a
section 26 (safety) except in so far as it is applied by or under any enactment or instrument; and
b
in section 27 (inspectors etc. ) in subsection (2), the words from “and, without prejudice” to the end, and subsections (3) to (6).
3
In section 11(2)(a) of the 1987 Act (regulations), the words “and safety requirements” are hereby repealed.
4
The Offshore Installations (Public Inquiries) Regulations 1974 and the Submarine Pipe-lines (Diving Operations) Regulations 1976 are hereby revoked.
Modifications with respect to Executive and Commission
4
1
In sections 25 and 37(1) of the 1962 Act, references to the Minister shall be construed as references to the Executive.
2
In sections 4(1), (4) and (7), 5(9) and 7(4) and (5) of the 1971 Act, references to the Secretary of State shall be construed as references to the Executive; and in section 5(8) of that Act, after “the Secretary of State” there shall be added “or the Executive”.
3
In section 32(4) of the 1975 Act, the reference to the Secretary of State shall be construed as a reference to the Executive.
4
In the 1987 Act —
a
in section 23(1)(b), for the words “or a consent given by the Secretary of State ”there shall be substituted the words “by the Secretary of State or a consent given by the Health and Safety Executive”; and
b
in section 24, after subsection (2) there shall be inserted the following subsection —
2A
It shall be the duty of the Health and Safety Commission to submit from time to time to the Secretary of State such proposals as the Commission considers appropriate for the making of orders under section 21 or 22.
5
In the regulations specified in the Schedule to these Regulations, references to the Secretary of State shall be construed as references to the Executive.
6
In regulations 2(1) and 3(1) and (4) of the Submarine Pipe-lines (Inspectors etc.) Regulations 1977 , after “the Secretary of State” in each case there shall be inserted “or the Executive”.
Modifications with respect to inspectors
5
1
Subject to paragraph (2) below, in any provision of an enactment, instrument or other document, references to an inspector appointed under —
a
section 6(4) of the 1971 Act; or
b
section 27(1) of the 1975 Act,
shall, unless the contrary intention appears, be construed as references to an inspector appointed by the Executive under section 19 of the 1974 Act who is authorised to act for the purposes of the provision in question.
2
In the Submarine Pipe-lines (Inspectors etc.) Regulations 1977, references to an inspector appointed under section 27(1) of the 1975 Act shall be construed as including references to an inspector appointed by the Executive under section 19 of the 1974 Act who is authorised to act for the purposes of the Regulations.
3
After subsection (2) of section 27 of the 1975 Act there shall be inserted the following subsection —
2A
For the purpose of enforcing regulations made under subsection (2) above, an inspector appointed under subsection (1) above shall have the same powers under section 38 of the Health and Safety at Work etc. Act 1974 (institution of proceedings in England and Wales) as he would have if he were an inspector appointed by the Health and Safety Executive under section 19 of that Act who is authorised to act for the purposes of the regulations.
Savings
6
1
Regulations made under any provision repealed by these Regulations and in force immediately before the coming into force of these Regulations shall, subject to regulation 3(4) above, continue in force notwithstanding the repeal of that provision.
2
Any exemption, approval, authorisation or direction granted or given or other thing done for the purposes of any provision modified by these Regulations shall, if in force immediately before the coming into force of these Regulations, continue in force and have effect as if granted, given or done in accordance with that provision as so modified.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
19th July 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Food Premises (Registration) Amendment Regulations 1993 and shall come into force on 1st September 1993.
2
In these Regulations “the principal Regulations ” means the Food Premises (Registration) Regulations 1991 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3) (interpretation) —
a
after the definition of “the Act” the following definition is inserted —
“child minder” has the meaning given by section 71 of the Children Act 1989 ;
;
b
after the definition of “relevant registration authority” the following definition is inserted —
“relevant child minder” means a child minder who —
holds a certificate of registration from a local authority under paragraph 6 of Schedule 9 to the Children Act 1989, and
looks after six children or fewer, excluding any child for whom the child minder has parental responsibility within the meaning of the Children Act 1989, any child looked after by the child minder in whom parental rights and duties relating to the child are vested and any child of whom the child minder is the foster parent;
3
In regulation 3(4)(b) (exceptions) for the words “on the premises.” there are substituted the words
on the premises, or
iii
the sale of food ancillary to his acting as a relevant child minder.
.
4
In regulation 7 (supply of information and alterations to register), after paragraph (4) the following paragraph is added —
5
The relevant registration authority shall make under this paragraph (and not under paragraph (3)(b)) such alterations to the register and to the supplementary record, including the removal of particulars relating to premises to which regulation 3(4)(b)(iii) applies, as are necessary to take account of the coming into force of the Food Premises (Registration) Amendment Regulations 1993
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 11th day of August 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
11th August 1993
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
6th August 1993
John Redwood
Secretary of State for Wales
6th August 1993
Fraser of Carmyllie
Minister of State, Scottish Office
10th August 1993


text:
Title and commencement
1
These Regulations may be cited as the Bovine Embryo Collection and Transfer Regulations 1993 and shall come into force on 21st December 1993.
Interpretation
2
1
In these Regulations —
“collection” means removal from a donor cow;
“cow” includes heifer;
“intra-Community trade” means export to another member State of the Economic Community;
“team veterinarian” means a veterinary surgeon who is responsible for an embryo collection or an embryo transfer team;
“transfer” means transfer to a recipient cow;
“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered or recognised under the Veterinary Surgeons Act 1966 .
2
A reference in these Regulations to a directive is to that directive as amended.
Approvals
3
Any approval granted under these Regulations shall be in writing and may be made subject to conditions and may be modified, suspended or revoked by notice in writing at any time.
Application
4
1
These Regulations apply to —
a
the collection, processing, storage and transport of bovine embryos produced by in vivo fertilisation, and
b
the transfer of bovine embryos.
2
The Regulations do not apply to bovine embryos produced for the purposes of research carried out in accordance with the conditions of a valid licence issued under the Animals (Scientific Procedures) Act 1986 .
Approval of bovine embryo collection teams
5
1
If the appropriate Minister is satisfied that a bovine embryo collection team complies with paragraph (a) of Chapter 1 of Annex A to Council Directive 89/556/ EEC on animal health conditions governing intra-community trade in and importation from third countries of embryos of domestic animals of the bovine species and has at its disposal either —
a
permanent laboratory facilities as specified in paragraphs (c) and (d) of that Chapter, or
b
a mobile laboratory as specified in paragraphs (c) and (e) of that Chapter which has contact with a permanently sited laboratory as specified in that Chapter,
he shall approve that team and those facilities for the purposes of these Regulations.
2
If the appropriate Minister is satisfied that a bovine embryo collection team complies with paragraph (a) of Chapter 1 of Annex A to Council Directive 89/556/EEC , and has at its disposal a mobile laboratory which —
a
has separate parts so that there is no contact between used and unused equipment and materials,
b
carries sufficient equipment to enable the examination and manipulation of embryos to be carried out without contaminating them, and
c
has contact with a permanently sited laboratory to ensure the sterilisation of its equipment and the provision of fluids and other products necessary for the collection and manipulation of embryos,
he shall approve that team and those facilities for the purposes of these Regulations subject to the condition that an embryo collected by such team is not intended for intra-Community trade.
3
Each approved team shall be issued with a registration number.
Collection of bovine embryos
6
1
Subject to paragraph (3) below, no person shall collect any bovine embryo unless —
a
he is a member of an approved embryo collection team,
b
the donor cow is not subject to any veterinary prohibition or quarantine measures and shows no clinical sign of infectious disease at the date of collection,
c
if the embryo was conceived by natural service or using raw semen, the donor sire was not subject to any veterinary prohibition or quarantine measures and showed no clinical sign of infectious disease at the date of service, and
d
the embryo is processed in accordance with Schedule 1 to these Regulations.
2
No person shall collect any bovine embryo for the purpose of intra-Community trade unless —
a
he is a member of a bovine embryo collection team approved in accordance with Regulation 5(1) above,
b
the embryo was conceived as a result of artificial insemination with semen from a donor sire standing at a semen collection centre as defined in Article 2.b of Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species or as a result of natural service by bulls whose health status complies with Annex B to that directive if authorised under Article 3.a, second indent, of Council Directive 89/556/EEC ,
c
the donor cow complies with the requirements of Annex B to Council Directive 89/556/EEC , and
d
the embryo is collected and processed in accordance with paragraph 1(a) to (1) of Chapter II of Annex A to Council Directive 89/556/EEC .
3
An embryo may be collected by a member of an approved bovine embryo collection team or a veterinary surgeon for transfer without being processed in accordance with Schedule 1 to these Regulations if —
a
the embryo is intended for use in the United Kingdom without being frozen or stored and the recipient cow is in the same ownership as the donor cow,
b
the donor cow is not subject to any veterinary prohibition or quarantine measures at the date of collection, and
c
if the embryo was conceived by natural service or using raw semen, the donor sire was not subject to any veterinary prohibition or quarantine measures at the date of service.
4
Where the appropriate Minister thinks fit, he may approve the collection of a bovine embryo produced from a donor animal which does not comply with this regulation provided it is not intended for intra-Community trade.
Processing
7
No person shall subject a bovine embryo to any processing unless he is a member of an approved bovine embryo collection team.
Storage and transport
8
1
No person shall store any bovine embryo except in premises complying with paragraph 2 of Chapter II of Annex A to Council Directive 89/556/EEC , approved by the appropriate Minister and under the supervision of an approved veterinary surgeon who, in the case of embryos intended for intra-Community trade, shall be a team veterinarian.
2
No person shall transport any bovine embryo except under satisfactory hygienic conditions.
3
No person shall transport any bovine embryo for the purposes of intra-Community trade except in a sealed container marked in accordance with paragraph 3 of Chapter II of Annex A to Council Directive 89/556/EEC .
4
Where the appropriate Minister thinks fit, he may approve storage not complying with paragraph (1) above provided the embryos are not intended for intra-Community trade.
Approval for the purposes of bovine embryo transfer
9
If the appropriate Minister is satisfied that a bovine embryo transfer team —
a
is headed by a veterinary surgeon, and
b
has at its disposal a room or area equipped for cleaning and sterilising instruments and equipment used in bovine embryo transfer,
he shall approve that team and those facilities for the purposes of carrying out bovine embryo transfers.
Transfer of bovine embryos
10
1
No person shall transfer any bovine embryo unless he is a member of an approved bovine embryo transfer team or a veterinary surgeon.
2
If the person carrying out the transfer is not a veterinary surgeon, he shall only do so if he is competent and has been trained by a team veterinarian of a bovine embryo transfer team in methods and techniques of hygiene, and the transfer shall be carried out under the responsibility of the team veterinarian.
3
If the person carrying out the transfer is a veterinary surgeon, he shall clinically examine the recipient cow before carrying out the transfer and shall satisfy himself —
a
that the recipient is suitable to receive the embryo, and
b
that there is no reason of which he knows existing at the time of his examination which would cause him to believe that the animal would not be able to carry to term a normal calf from the breed and type of embryo being transferred and to calve naturally,
and if he cannot so satisfy himself he shall not transfer the embryo.
4
If the person carrying out the transfer is not a veterinary surgeon, he shall not carry out the transfer unless a veterinary surgeon nominated for this purpose by the team veterinarian has clinically examined the recipient cow within 30 days preceding the transfer and has certified in the form specified in Schedule 2 to these Regulations that —
a
he has clinically examined the recipient,
b
the recipient is suitable to receive the embryo, and
c
he knows of no reason existing at the time of his examination which would cause him to believe that the animal would not be able to carry to term a normal calf of the breed and type specified in the certificate and to calve naturally.
5
No person shall transfer any bovine embryo which has been collected, processed or stored in breach of the provisions of these Regulations.
Requirement to use anaesthetics
11
No person shall collect or transfer any bovine embryo per vaginam unless a general or an epidural anaesthetic has first been administered to the cow.
Record keeping
12
1
The team veterinarian of a bovine embryo collection team shall keep a record of the team’s activities in accordance with paragraph 1(o) of Chapter II of Annex A to Council Directive 89/556/EEC .
2
A person supervising approved storage premises shall keep a record in accordance with paragraph 2(iii) of Chapter II of Annex A to Council Directive 89/556/EEC .
3
The team veterinarian of a bovine embryo transfer team and a veterinary surgeon transferring embryos shall keep a record for twelve months of —
a
the breed, age and identification of the recipient cow,
b
the place of transfer, and
c
the identification of the embryo together with details of its source if known.
Transitional provisions
13
1
Subject to paragraph (2) below, after 20th December 1998 no person shall use any bovine embryo collected before the date these Regulations come into force, except with the approval of the appropriate Minister.
2
Notwithstanding the provisions of paragraph (1) above, where a bovine embryo was collected in accordance with the provisions of Council Directive 89/556/EEC in the period commencing on 1st January 1991 and ending when these Regulations come into force, a person may use such embryo without an approval.
3
In the case of embryos collected before the coming into force of these Regulations, it shall be a defence for any person charged with an offence under Regulation 12 to show that the information required to be recorded was not available.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
22nd November l993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th November l993
John Redwood
Secretary of State for Wales
9th November 1993


text:
1
These Regulations may be cited as the Tobacco Products (Amendment) Regulations 1993 and shall come into force on 30th September 1993.
2
The Tobacco Products Regulations 1979 shall be amended as follows.
3
In regulation 3 the following definitions shall be inserted–
a
after the definition of “duty”–
“electronic removal” has the meaning given in regulation 16A below;
; and
b
after the definition of “recycling”–
“removal” includes electronic removal;
.
4
After regulation 16 there shall be inserted the following regulation–
Electronic removal
16A
1
Where tobacco products are held in any registered store to which this regulation applies they shall be deemed to have been removed therefrom at the time of their electronic removal or, if earlier, at the time they are actually removed.
2
This regulation applies to registered stores in respect of which the records relating to removal are kept by means of a computer or other electronic system approved by the Commissioners; and the Commissioners may at any time revoke such approval upon giving fourteen days' notice in writing.
3
The occupier of any registered store where electronic removal may take place shall keep such records as may be specified in a notice published by the Commissioners and not withdrawn by a further notice.
4
Electronic removal shall mean the making of an entry in the records specified in accordance with paragraph (3) above which identifies the tobacco product which is the subject of that entry as having been removed from that store for the purpose of these Regulations notwithstanding that it remains in that store.
5
Any entry made in accordance with paragraph (4) above may not be cancelled, amended or altered.
6
Where the electronic removal of any tobacco product takes place on a day upon which an increase in the rate of duty chargeable on that product takes effect, then if that removal takes place after 11.59 am on that day, the time of removal shall be deemed to be the time at which that increase takes effect.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
10th August 1993


text:
1
This Order may be cited as “The Hoole Island Junction (M53/A56) Chester (Detrunking) Order 1993”, and shall come into force on 16th July 1993.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the plan” means the plan numbered HA10/1 CNW343 marked “The Hoole Island Junction (M53/A56) Chester (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY.
3
The length of the A56 Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the plan shall cease to be a trunk road and shall be classified as a classified road as from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
J. P. Plowman
Regional Director
Department of Transport
1st June 1993


text:
1
These Regulations may be cited as the Police (Amendment) (No.2) Regulations 1993.
2
These Regulations shall come into force on 14th June 1993 and shall have effect for the purposes of regulation 3(2), (3), (4) and (5) as from 1st April 1990, and for the purposes of regulation 3(6) as from 1st July 1992.
3
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 49B(5) there shall be substituted for the words “half the annual rate of rent allowance payable to him” the words “the flat-rate rent allowance payable to members of his force of the rank he held”.
3
After regulation 49B(5A) there shall be inserted the following paragraph —
5B
Where a member in receipt of a transitional rent allowance —
a
was entitled on 31st March 1990 to a flat-rate rent allowance, and
b
was then and remains married to (but not separated from) a person who is a member of a police force who is also in receipt of a transitional rent allowance and who on or after 1st April 1990 resigns (otherwise than upon immediate transfer to another force), retires or is discharged by reason of his services being dispensed with under regulation 17 (whether or not, in the case of a woman member, the resignation, retirement or discharge immediately follows a period of unpaid maternity leave),
his transitional rent allowance shall, after the date on which that resignation, retirement or discharge takes effect, be payable at an annual rate equivalent to the maximum limit rent allowance which would have been payable to him on 31st March 1990 in respect of the accommodation in which he was living on 31st March 1990 if the person to whom he is married had not then been a member of a police force.
.
4
In regulation 49B(8A)(c) there shall be substituted for the words “paragraph (8)” the words “paragraph (5A), (5B) or (8)”.
5
For regulation 49C(3)(e) there shall be substituted the following sub-paragraph
e
in paragraph (5), there were substituted for the word “was” the words “would (if he had then been a member of his police force) have been”, and there were substituted for the words which follow “be equal to” the words “the flat-rate rent allowance payable on 31st March 1990 to members of his force of the rank in which he was serving immediately before the commencement of his period of central service or overseas service.”.
6
After regulation 52A there shall be inserted the following regulation —
Compensatory allowance
52B
1
This regulation applies where —
a
two persons each of whom was a full-time member of a police force within the meaning of regulation 8A are married to and not separated from each other, and
b
one of them (“the part-time member”) has ceased to be a full-time member on being appointed under regulation 8A to perform part-time service.
2
Where this regulation applies the person who remains a full-time member is entitled to a compensatory allowance of the appropriate amount.
3
The appropriate amount is the amount by which any allowances payable to the part-time member are reduced by reason of the modified application of these Regulations to the part-time member, by virtue of regulation 8A(10), so as to include the regulation 48A set out in paragraph 16 of Schedule 1A (allowances to be multiplied by appropriate factor).
.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd May 1993


text:
Citation and Commencement
1
This Order may be cited as the Maintenance Orders (Backdating) Order 1993 and shall come into force on 5th April 1993.
Backdating of certain court orders
2
The amendments set out in Schedule 1 to this Order (which extend the powers of courts to backdate certain orders in circumstances relating to the operation of the Child Support Act 1991) shall have effect.
Definition of family proceedings
3
The amendments in Schedule 2 to this Order (which extend the definition of family proceedings to certain proceedings under the Child Support Act 1991) shall have effect.
Mackay of Clashfern, C.
Dated 3rd March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Legal Aid in Criminal and Care Proceedings (General) (Amendment) Regulations 1993 and shall come into force on 12th April 1993.
Interpretation
2
In these Regulations a regulation or Schedule referred to by number alone means a regulation or Schedule so numbered in the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 and a Form referred to by number alone means the Form so numbered in Schedule 2.
Transitional provisions
3
These Regulations shall apply to applications for legal aid made on or after 12th April 1993 and applications made before that date shall be treated as if these Regulations had not come into force.
Amendments to the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989
4
In regulation 3 —
a
the definition of “contribution period” shall be omitted;
b
the definition of disability living allowance shall be amended by substituting for “section 37ZA of the Social Security Act 1975”, the words “the Social Security Contributions and Benefits Act 1992” ;
c
the definition of disability working allowance shall be amended by substituting for “section 20(6A) of the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;
d
the definition of family credit shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;
e
the definition of income support shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;
f
after the definition of “Area Director” there shall be inserted the following new definition: —
“attendance allowance” means an allowance paid under section 64 of or Schedule 8 paragraphs 4 or 7(2) to the Social Security Contributions and Benefits Act 1992;
after the definition of “legal aid order” there shall be inserted the following new definition: —
“period of computation” means the period of 3 months next ensuing from the date of the application for a legal aid order.
5
Regulation 28 shall be omitted.
6
Regulation 29 shall be amended as follows: —
a
in paragraph (1) for the words “within a period not exceeding the contribution period” there shall be substituted “for the period during which a legal aid order is in force”;
b
after paragraph (3) there shall be inserted the following paragraph: —
4
The period referred to in paragraph (1) above means the period from the grant of the legal aid order to —
a
the conclusion of the proceedings covered by the legal aid order (whether in the court in which the legal aid order was made or in another court following a committal for trial or sentence or remittal); or
b
where the legal aid order is withdrawn or revoked, the date of such withdrawal or revocation.
.
7
Regulations 32(1)(b) and 33(b) shall be amended by substituting for “within the contribution period” where those words appear, the words “during the period in which the legal aid order was in force”.
8
For regulation 35 there shall be substituted the following: —
35
1
At the conclusion of the proceedings the court in which those proceedings are concluded may, if it thinks fit —
a
remit any sum due under a contribution order which falls to be paid after the conclusion of the proceedings; or
b
remit or order the repayment of any sum due or paid under a contribution order where the legally assisted person has been acquitted.
2
Where the legal aid order in connection with which a contribution order was made is revoked, paragraph (1) shall apply as if the proceedings had been concluded.
3
Where a legally assisted person —
a
successfully appeals against his conviction; or
b
is respondent to an appeal which is unsuccessful,
the court hearing the appeal may remit or order the repayment of any sum due or paid under a contribution order.
4
Where a contribution order has been varied and the sum of the total contributions paid up to the conclusion of the proceedings exceeds the amount which was due taking into account the variation, the court or the proper officer shall order repayment of an amount equal to the difference between the sums paid and the amount due.
5
Where —
a
a contribution order is varied to an amount greater than that which was previously payable; or
b
a contribution order is made after a determination under regulation 32,
the payment of any contributions shall be made in accordance with the provisions of regulation 29, save that in respect of payments to be made out of disposable income, the court or the proper officer may extend the period within which such payment is to be made beyond the conclusion of the proceedings.
.
9
Regulation 37 shall be amended as follows: —
a
in paragraph (1) —
i
for the words “Where the contribution period has not ended” there shall be substituted “Where a legal aid order is still in force”;
ii
for the words “the contribution period shall be deemed to have ended” there shall be substituted “the liability to pay further contributions shall end”;
b
in paragraph (2) for the words “that the contribution period is to be deemed to have ended” there shall be substituted “that the liability to pay further contributions ended”.
10
In regulation 38(1) for the words “relevant proceedings” there shall be substituted “proceedings and any extension of the period for the purposes of regulation 35(5)”.
11
In Form 5 for the word “rates” where it appears in the section relating to Allowances and Deductions, there shall be substituted “Council tax” .
12
Form 6 shall be amended —
a
by substituting for the words from “In accordance with” to “from 26 to ” the following: —
;
b
in Part Two for the words —
there shall be substituted: —
;
c
in Part Three after the words “Your contribution from INCOME is £ ” there shall be added “per week/month”.
13
For Form 8 there shall be substituted the Form contained in the Schedule to these Regulations.
14
Forms 11, 11A, 12 and 13 shall be amended by substituting for the words “A contribution order of £ was made in respect of this order” in the place where the words appear in each of the forms the words “A contribution order was made in respect of this order as follows.”.
15
In Schedule 3 paragraphs 4 and 5 for “contribution period” in each of the places in which those words appear there shall be substituted “period of computation”.
16
In Schedule 3, for paragraph 6 there shall be substituted the following: —
6
In computing disposable income the following payments made under the Social Security Contributions and Benefits Act 1992 shall be disregarded: —
a
disability living allowance;
b
attendance allowance;
c
constant attendance allowance paid under section 104 as an increase to a disablement pension;
d
housing benefit;
e
any payment made out of the social fund.
.
17
In Schedule 3 —
a
paragraph 7 shall be amended by substituting in sub-paragraph (b) for “the Social Security Acts 1975–1988” the words “the Social Security Contributions and Benefits Act 1992”;
b
paragraphs 8 and 16(c) shall be amended by substituting for “Social Security Act 1986” where those words occur the words “the Social Security Contributions and Benefits Act 1992”;
c
paragraph 9 shall be amended by omitting the words from “including any net sum” to the end of the paragraph.
18
For paragraph 7A of Schedule 3 there shall be substituted the following: —
7A
In computing the income of the person concerned, there shall be deducted any sums payable (net of council tax benefit) by the person concerned in respect of the council tax to which he is liable by virtue of section 6 of the Local Government Finance Act 1992.
.
19
Schedule 3 paragraph 10 shall be amended as follows: —
a
in paragraph (i) of sub-paragraph (1) for the words from “25 per cent.” to “pension” there shall be substituted “the difference between the income support allowance for a couple where both members are aged not less than 18 (which is specified in column 2 of paragraph 1(3)(c) of Schedule 2 Part I of the Income Support (General) Regulations 1987) , and the allowance for a single person aged not less than 25, (which is specified in column 2 of paragraph 1(1)(e) of Schedule 2 Part I of those Regulations)”;
b
in paragraph (ii) of sub-paragraph (1) the words “25 per cent. above” shall be omitted.
20
Schedule 4 shall be amended by substituting from the beginning down to “disposable income exceeds £89” the following: —
The weekly instalment of contribution payable by the applicant or the appropriate contributor shall be £1 for each £3 or part of £3 by which his average weekly disposable income exceeds £44; but any applicant or appropriate contributor whose weekly disposable income does not exceed £45 shall not be liable to pay a contribution.
.
Mackay of Clashfern, C.
Dated 11th March 1993
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 17th March 1993


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1993 and shall come into force on the following dates:
articles 1, 2(a) and 3 17th March 1993 article 2(b) 1st May 1993.
2
Schedule 1 to the Value Added Tax Act 1983 shall be amended as follows:
a
in paragraph 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b), for “£36,600” there shall be substituted “£37,600”, and
b
in paragraphs 1(3), 2(1) and 2(2), for “£35,100” there shall be substituted “£36,000”.
3
Schedule 1B to the Value Added Tax Act 1983 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£37,600” for “£36,600”.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southport and Formby National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order:
“the Authority” means Southport and Formby Health Authority;
“the Trust” means the Southport and Formby 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 12th January 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 22nd March 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 February 1993


text:
Citation construction and commencement.
1
1
This Order may be cited as the Turks and Caicos Islands Constitution (Amendment) Order 1993 and shall be read as one with the Turks and Caicos Islands Constitution Order 1988 .
2
The Turks and Caicos Islands Constitution Order 1988 and this Order may be cited together as the Turks and Caicos Islands Constitution Orders 1988 to 1993.
3
In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the Turks and Caicos Islands Constitution Order 1988.
4
The provisions of this Order shall come into force on such day or days as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette, and the Governor may appoint different days for the coming into force of different provisions of this Order.
Amendment of section 3 of Constitution.
2
Section 3(1) of the Constitution shall be amended by substituting for paragraph (c) the following:
c
the Permanent Secretary, Finance
.
Amendment of section 7 of Constitution.
3
Section 7(1) of the Constitution shall be amended as follows:
a
in paragraph (c), by substituting the word “five” for the word “four” and by adding at the end of the paragraph the words “, one of whom may, in accordance with such advice, be appointed by the Governor as Deputy Chief Minister”;
b
in paragraph (d), by substituting the words “and the Attorney General” for the words “Attorney General and the Financial Secretary”.
Amendment of section 12 of Constitution
4
Section 12(4) of the Constitution shall be repealed and the reference thereto in section 12(1) shall be deleted.
Amendment of section 13 of Constitution.
5
Section 13(1) of the Constitution shall be amended by adding, immediately after paragraph (b), the following new paragraph:
bb
international and offshore financial relations, resources and services, and any directly related aspect of finance;
.
Amendment of section 15 of Constitution.
6
Section 15(2) of the Constitution shall be amended by substituting the words “or Attorney General” for the words “the Attorney General or the Financial Secretary”.
Amendment of section 19 of Constitution.
7
Section 19(d) of the Constitution shall be amended by substituting the words “and the Attorney General” for the words “the Attorney General and the Financial Secretary”.
Amendment of section 21 of Constitution and repeal of Schedule 2.
8
1
Section 21 of the Constitution shall be amended by substituting for subsection (2) the following:
2
For the purposes of elections to the Legislative Council, the Islands shall be divided into thirteen electoral districts each of which shall return one member to the Council.
.
2
Schedule 2 to the Constitution shall be repealed.
Addition of new sections 34A and 34B to Constitution.
9
The Constitution shall be amended by adding, immediately after section 34, the following new sections:
Electoral District Boundary Commission
34A
1
An Electoral District Boundary Commission (in this section and in section 34B referred to as a “Commission”) shall be appointed from time to time at such time as the Governor, after consultation with the Chief Minister and the Leader of the Opposition, may determine:
Provided that —
the first Commission shall be appointed within six months of the day on which section 9 of the Turks and Caicos Islands Constitution (Amendment) Order 1993 comes into force; and
a Commission shall be appointed not later than four years after the last Commission submitted its report under section 34B of this Constitution.
2
A Commission shall consist of —
a
a chairman, being a person who holds or has held high judicial office or high legal office, appointed by the Governor, acting in his discretion;
b
a member appointed by the Governor, acting on the advice of the Chief Minister;
c
a member appointed by the Governor acting on the advice of the Leader of the Opposition.
3
A person shall not be qualified to be appointed a member of a Commission if he is a member of the Legislative Council or a public officer other than the holder of a judicial office.
4
The Chairman or other member of a Commission shall vacate his office —
a
on the day following the submission of the report of the Commission under section 34B of this Constitution;
b
if any circumstances arise that, if he were not a member, would cause him to be disqualified for appointment as such;
c
if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
5
A Commission may regulate its own procedure and, with the consent of the Governor acting in his discretion, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
6
A Commission may act notwithstanding any vacancy in its membership (including any vacancy not filled when appointments of members are first made) and its proceedings shall be valid notwithstanding that some person who was not entitled so to do took part therein:
Provided that any decision of a Commission shall require the concurrence of not less than two members of the Commission.
7
In the exercise of its functions under this Constitution, a Commission shall not be subject to the direction or control of any other person or authority.
Review and alteration of electoral district boundaries
34B
1
The first Commission appointed after the coming into force of section 9 of the Turks and Caicos Islands Constitution (Amendment) Order 1993 shall, as soon as practicable after its appointment, submit a report to the Governor and the Legislative Council containing its recommendations for the division of the Islands into thirteen electoral districts and the boundaries of those districts.
2
A subsequent Commission shall, as soon as practicable after its appointment, review the electoral district boundaries into which the Islands are divided and, taking into account the changes or proposed changes, if any, in the number of electoral districts, shall submit a report to the Governor and the Legislative Council containing its recommendations for any changes in the boundaries of the electoral districts.
3
In determining its recommendations under this section, a Commission shall seek to ensure that electoral districts contain, so far as is reasonably practicable, approximately equal numbers of persons qualified to be registered as electors under section 27 of this Constitution; but a Commission may depart from this principle to such extent as it considers expedient in order to take into account —
a
the density of population and, in particular, the need to ensure adequate representation of sparsely populated areas;
b
the means of communication;
c
geographical features.
4
As soon as may be after a Commission has submitted a report under this section, the Governor shall cause a bill to be introduced into the Legislative Council for giving effect, whether with or without modifications, to the recommendations contained in the report. The bill:
a
may contain provisions for any matters which are incidental to or consequential upon its principal provisions; and
b
shall include a provision for the coming into force of the measure when enacted for the determination of the electoral districts to which it relates upon the next dissolution of the Legislative Council after enactment.
4
Where any bill introduced under this section proposes to give effect to the recommendations of a Commission with modifications, there shall be laid before the Council at the same time a statement of the reasons for the modifications.
.
Amendment of section 44 of Constitution.
10
Section 44(1)(a) of the Constitution shall be amended by inserting, immediately after the words “public officer”, the words “or to the provisions of section 87 of this Constitution or the further implementation of that section.”.
Amendment of section 49 of Constitution.
11
Section 49(2) of the Constitution shall be amended by substituting the words “not exceeding two as may be appointed by the Governor, acting in his discretion” for the words “(if any) as may be prescribed by law”.
Amendment of section 53 of Constitution.
12
Section 53(3) of the Constitution shall be amended by substituting the words “appointed by the Governor, acting in his discretion” for the words “prescribed by law”.
Amendment of section 57 of Constitution.
13
Section 57(3) of the Constitution shall be amended by substituting the words “one year” for the word “two”.
Amendment of section 58 of Constitution.
14
Section 58(4) of the Constitution shall be amended by adding at the end of the subsection the following sentence: “Except in so far as regulations made under this section otherwise provide, any power delegated by such regulations may be exercised by any person to whom it is delegated without reference to the Public Service Commission.”.
Amendment of section 59 of Constitution.
15
Section 59(2) of the Constitution shall be amended by substituting the words “Permanent Secretary, Finance” for the words “Financial Secretary”.
Amendment of section 61 of Constitution.
16
Section 61 of the Constitution shall be amended by substituting a semi-colon for the full stop at the end thereof and adding the following new paragraphs:
c
the protection and privileges of members of the Commission in respect of the performance of their functions and the privilege of communications to and from the Commission and its members in the case of legal proceedings;
d
the definition and trial of offences in relation to the functions of the Commission and the imposition of penalties for such offences:
Provided that no such penalty shall exceed a fine of one thousand dollars or imprisonment for a term of one year or both such fine and imprisonment.
.
Amendment of section 87 of Constitution.
17
Section 87 of the Constitution shall be amended by substituting for subsection (5) the following new subsection:
5
A law made under this Constitution shall make provision for giving effect to this section, including the sanctions which may be imposed for a failure to comply with, or the making of false statements in purported compliance with, subsections (2) and (3) and, notwithstanding anything contained in Part III of this Constitution, the sanctions which may be imposed may include the suspension of a member of the Legislative Council from sitting and voting therein for such period as may be prescribed in such a law.
.
Amendment of section 88 of Constitution.
18
Section 88(1) of the Constitution shall be amended by adding the following new definition:
“high legal office” means the office of a Law Officer, Director of Public Prosecutions, or a person exercising the functions of principal legislative draftsman, in some part of the Commonwealth;
.
Amendment of laws to conform with amendment to Constitution.
19
The Governor may, by Order published in the Gazette, at any time within twelve months of the coming into force of the relevant provision, make such amendments and modifications as may be necessary to any existing law made by a legislature constituted within the Islands as may be necessary to bring that law into conformity with the provisions of the Constitution as hereby amended.
N. H. Nicholls
Clerk of the Privy Council