text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 and shall come into force —
a
for the purposes of this regulation and regulations 7, 18 and 30 on 30th March 1992;
b
for the purposes of regulations 2(a), 8, 14, 15 and 17 —
i
to the extent that they relate to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st april 1992;
ii
in any other case, on 6th April 1992;
c
for the purposes of regulations 2(b), 3 to 6, 9, 10, 11(1), (3), (4) and (5), 13, 16, 19(b), 20 to 23, 26, 27, 28(1), (3), (4) and (5), 33 and 35 on 6th April 1992;
d
for the purposes of regulations 11(2) and 28(2) on 5th October 1992;
e
for the purposes of regulations 12, 19(a), 24, 25, 29, 31, 32 and 34 on 1st April 1992.
2
In these Regulations —
a
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment of regulation 2 of the 1987 Regulations
2
In regulation 2(1) of the 1987 Regulations (interpretation) —
a
after the definition of “student” there shall be inserted the following definition —
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 ;
;
b
in the definition of “training allowance” —
i
in paragraph (a) for the words “Training Agency” there shall be substituted the words “Secretary of State”;
ii
in paragraph (c) for the words “that Agency” there shall be substituted the words “the Secretary of State”.
Amendment of regulation 46 of the 1987 Regulations
3
In regulation 46 of the 1987 Regulations (interpretation) in the definition of “student” for the words ““student” means a person” there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”.
Amendment of regulation 53 of the 1987 Regulations
4
1
Regulation 53 of the 1987 Regulations (calculation of grant income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.
.
Amendment of regulation 54 of the 1987 Regulations
5
In regulation 54(3) of the 1987 Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 53(2)(h)” to the end of the paragraph there shall be substituted the following words —
regulation 53(2)(h) (calculation of grant income) falls short of the amount specified in paragraph 7(4)(i) of schedule 2 to the education (mandatory awards) regulations 1991 (travel expenditure).
.
Amendment of regulation 55 of the 1987 Regulations
6
In regulation 55(1)(c) of the 1987 Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 53(2)(g) and (h)” there shall be substituted the words “regulation 53(2)(g) and (2A)”.
Amendment of regulation 68 of the 1987 Regulations
7
1
Regulation 68 of the 1987 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraphs (2) to (4)” there shall be substituted the words “paragraphs (2) to (5)”.
3
For paragraph (3) there shall be substituted the following paragraph —
3
Where the change of circumstances is an amendment of these Regulations that change, subject to regulation 69(7), shall take effect as follows —
a
where the amendment is made by an order under section 63 of the Act (annual up-rating of benefits) —
i
in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April;
ii
in any other case, from the first Monday in April, in the year in which that order comes into force;
b
in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case.
.
4
In paragraph (4) for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1), (2) or (3)(a)(i) or (b)”.
5
After paragraph (4) there shall be added the following paragraph —
5
Where, during a benefit week commencing on the first Monday in April —
a
a change of circumstances takes effect in accordance with paragraph (3)(a)(ii),
b
one or more changes of circumstances occur to which paragraph (1) applies, and
c
no other change of circumstances occurs to which this regulation applies, any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.
.
Amendment of regulation 73 of the 1987 Regulations
8
1
Regulation 73 of the 1987 Regulations (evidence and information) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words from “which is disregarded” to the end there shall be substituted the words “to which paragraph (3) applies”.
3
After paragraph (2) there shall be added the following paragraph —
3
This paragraph applies to any of the following payments —
a
a payment which is —
i
disregarded under paragraph 21 of Schedule 4 (income in kind) or paragraph 32 of Schedule 5 (payments in kind made by a charity or under certain trusts), and
ii
made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Macfarlane (Special Payments) ( No. 2) Trust;
b
a payment which is disregarded under paragraph 34 of Schedule 4 or paragraph 23 of Schedule 5 (payments made under certain trusts) , other than a payment made under the Independent Living Fund.
.
Amendment of regulation 77 of the 1987 Regulations
9
In regulation 77 of the 1987 Regulations (notification of determinations) there shall be added at the end the following paragraphs —
4
A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice.
5
The written statement referred to in paragraph (4) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter.
.
Amendment of regulation 78 of the 1987 Regulations
10
In regulation 78(3) of the 1987 Regulations (time and manner of making notifications, requests or representations) —
a
the words “, 80 (requests for statement of reasons)” shall be omitted; and
b
for the words “a request for a statement or representations” there shall be substituted the words “representations or a request for a further review”.
Amendment of regulation 79 of the 1987 Regulations
11
1
Regulation 79 of the 1987 Regulations (review of determinations) shall be amended in accordance with the following provisions of this regulation.
2
At the end of paragraph (2) there shall be added the words “within 14 days of receiving the representations or as soon as reasonably practicable thereafter”.
3
In paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”.
4
In paragraph (4) for the words “regulation 80” there shall be substituted the words “regulation 77(4)”.
5
In paragraph (6) for the words “77 to 80” there shall be substituted the words “77 to 79”.
Amendment of regulation 97 of the 1987 Regulations
12
In regulation 97(2) of the 1987 Regulations (offsetting) for the words “a recoverable overpayment under regulation 99 (recoverable overpayments)” there shall be substituted the words “an overpayment within the meaning of regulation 98 (meaning of overpayment)”.
Amendment of Schedule 1A to the 1987 Regulations
13
In Schedule 1A to the 1987 Regulations (excluded tenancies) after paragraph 11 there shall be inserted the following paragraph —
11A
1
Subject to sub-paragraph (2) this paragraph applies to a tenancy —
a
in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 ;
b
in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985;
c
in respect of which the fee simple estate has been acquired, under the right conferred by part iv of the housing act 1988 , otherwise than from a housing action trust within the meaning of Part III of that Act; or
d
in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations.
2
This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if —
a
there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and
b
the local authority stated in the application for determination that the circumstances set out in regulation 11(2)(a) or (c) (restrictions on unreasonable payments) exist.
.
Amendment of Schedule 4 to the 1987 Regulations
14
In Schedule 4 to the 1987 Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 30 there shall be substituted the following paragraph —
30
Any social fund payment made pursuant to Part III of the Act.
;
b
after paragraph 47 there shall be inserted the following paragraphs —
48
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
49
Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
.
Amendment of Schedule 5 to the 1987 Regulations
15
In Schedule 5 to the 1987 Regulations (capital to be disregarded) —
a
for paragraph 19 there shall be substituted the following paragraph —
19
Any social fund payment made pursuant to Part III of the Act.
;
b
after paragraph 41 there shall be inserted the following paragraphs —
42
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
43
Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
44
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.
.
Amendment of Schedule 6 to the 1987 Regulations
16
In Schedule 6 to the 1987 Regulations (matters to be included in the notice of determination) in paragraph 2 for the words “regulation 80” there shall be substituted the words “regulation 77(4)”.
Amendments of the 1987 Regulations consequential upon the Children Act 1989
17
The provisions of the 1987 Regulations shall be further amended in accordance with Schedule 1 to these Regulations, which makes changes consequential upon the Children Act 1989 .
Amendment of regulation 2 of the Housing Benefit (Supply of Information) Regulations 1988
18
In regulation 2(1) of the Housing Benefit (Supply of Information) Regulations 1988 (information to be supplied by the Secretary of State to an authority) —
a
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
where a claimant’s claim for income support has been disallowed, the reason for the disallowance;
;
b
in sub-paragraph (e) there shall be added at the end the words —
and the date on which the payment of income support ceased or is to cease;
;
c
for sub-paragraph (g) there shall be substituted the following sub-paragraphs —
g
the name, date of birth and address of any claimant who is in receipt of income support and of any partner of his;
h
the national insurance number in respect of any claimant who is in receipt of income support and of any partner of his;
i
where a claimant or any partner of his is in receipt of income support and becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, the date on which a claim for housing benefit by the claimant or his partner is received by the appropriate DSS office;
j
where —
i
a claimant in receipt of income support or any partner of his reports to an appropriate DSS office that another person is residing or has ceased to reside with the claimant, and
ii
that person is a non-dependent for the purposes of regulation 3 of the Housing Benefit Regulations (definition of non-dependant) , the name and date of birth of that person;
k
any further information required for the purpose of —
i
the calculation and recovery of overpayments of housing benefit,
ii
the investigation and prevention of offences relating to housing benefit,
iii
any proceedings for an offence under the benefit Acts relating to housing benefit.
.
Amendment of regulation 2 of the 1989 Regulations
19
In regulation 2(1) of the 1989 Regulations (interpretation) —
a
after the definition of “student” there shall be inserted the following definition —
“supplementary benefit” means a supplementary pension or allowance under section 1 or 4 of the Supplementary Benefits Act 1976 ;
;
b
in the definition of “training allowance” —
i
in paragraph (a) for the words “Training Agency” there shall be substituted the words “Secretary of State”;
ii
in paragraph (c) for the words “that Agency” there shall be substituted the words “the Secretary of State”.
Amendment of regulation 36 of the 1989 Regulations
20
In regulation 36 of the 1989 Regulations (interpretation) in the definition of “student” for the words ““student” means a person” there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”.
Amendment of Regulation 38 of the 1989 Regulations
21
1
Regulation 38 of the 1989 Regulations (calculation of grant income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.
.
Amendment of regulation 39 of the 1989 Regulations
22
In regulation 39(3) of the 1989 Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 38(2)(h)” to the end of the paragraph there shall be substituted the following words —
regulation 38(2)(h) (calculation of grant income) falls short of the amount specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).
.
Amendment of regulation 40 of the 1989 Regulations
23
In regulation 40(1)(c) of the 1989 Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 38(2)(g) and (h)” there shall be substituted the words “regulation 38(2)(g) and (2A)”.
Amendment of regulation 56 of the 1989 Regulations
24
1
Regulation 56 of the 1989 Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (3A) there shall be inserted the following paragraphs —
3B
Where the change of circumstances is the death of a claimant’s partner it shall take effect on the day on which the death occurs.
3C
Where —
a
the change of circumstances is the separation of the claimant and his partner, and
b
during the benefit week in which the separation occurs the partner ceases to be liable for the appropriate authority’s personal community charge or for a collective community charge in that authority’s area,
the change shall take effect on the day on which the partner ceases to be so liable.
.
3
In paragraph (4) for the words “paragraphs (1) to (3A)” there shall be substituted the words “paragraphs (1) to (3C)” and for the words “paragraph (2), (3) or (3A)” there shall be substituted the words “paragraph (2), (3), (3A), (3B) or (3C).”.
Amendment of regulation 61 of the 1989 Regulations
25
1
Regulation 61 of the 1989 Regulations (evidence and information) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words from “which is disregarded” to the end there shall be substituted the words “to which paragraph (3) applies”.
3
After paragraph (2) there shall be added the following paragraph —
3
This paragraph applies to any of the following payments —
a
a payment which is —
i
disregarded under paragraph 22 of Schedule 3 (income in kind) or paragraph 32 of Schedule 4 (payments in kind made by a charity or under certain trusts), and
ii
made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Macfarlane (Special Payments) (No. 2) Trust;
b
a payment which is disregarded under paragraph 35 of Schedule 3 or paragraph 23 of Schedule 4 (payments made under certain trusts) , other than a payment made under the Independent Living Fund.
.
Amendment of regulation 65 of the 1989 Regulations
26
In regulation 65 of the 1989 Regulations (notification of determinations) there shall be added at the end the following paragraphs —
3
A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice.
4
The written statement referred to in paragraph (3) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter.
.
Amendment of regulation 66 of the 1989 Regulations
27
In regulation 66(3) of the 1989 Regulations (time and manner of making notifications, requests or representations) —
a
the words “, 68 (requests for statement of reasons)” shall be omitted; and
b
for the words “a request for a statement or representations” there shall be substituted the words “representations or a request for a further review”.
Amendment of regulation 67 of the 1989 Regulations
28
1
Regulation 67 of the 1989 Regulations (review of determinations) shall be amended in accordance with the following provisions of this regulation.
2
At the end of paragraph (2) there shall be added the words “within 14 days of receiving the representations or as soon as reasonably practicable thereafter”.
3
In paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraph (5)”.
4
In paragraph (4) for the words “regulation 68” there shall be substituted the words “regulation 65(3)”.
5
In paragraph (6) for the words “65 to 68” there shall be substituted the words “65 to 67”.
Amendment of regulation 82 of the 1989 Regulations
29
In regulation 82(2) of the 1989 Regulations (offsetting) for the words “recoverable excess benefits under regulation 84 (recoverable excess benefits)” there shall be substituted the words “excess benefits within the meaning of regulation 83 (meaning of excess benefits) ”.
Amendment of regulation 92 of the 1989 Regulations
30
In regulation 92 of the 1989 Regulations (information to be supplied by the Secretary of State to an appropriate authority) —
a
for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
where a claimant’s claim for income support has been disallowed, the reason for the disallowance;
;
b
in sub-paragraph (f) there shall be added at the end the words —
and the date on which the payment of income support ceased or is to cease
;
c
for sub-paragraph (h) there shall be substituted the following sub-paragraphs —
h
the national insurance number in respect of any claimant who is in receipt of income support and of any partner he may have;
i
where a claimant or any partner of his is in receipt of income support and changes his residence from the area of one appropriate authority to that of another, the date on which a claim for community charge benefit by the claimant or his partner is received by the appropriate social security office;
j
any further information required for the purpose of —
i
the calculation and recovery of excess community charge benefits,
ii
the investigation and prevention of offences relating to community charge benefits,
iii
any proceedings for an offence under the benefit Acts relating to community charge benefits.
.
Amendment of Schedule 3 to the 1989 Regulations
31
In Schedule 3 to the 1989 Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 31 there shall be substituted the following paragraph —
31
Any social fund payment made pursuant to Part III of the Act.
;
b
after paragraph 46 there shall be inserted the following paragraphs —
47
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
48
Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
.
Amendment of Schedule 4 to the 1989 Regulations
32
In Schedule 4 to the 1989 Regulations (capital to be disregarded) —
a
for paragraph 19 there shall be substituted the following paragraph —
19
Any social fund payment made pursuant to Part III of the Act.
;
b
after paragraph 40 there shall be inserted the following paragraphs —
41
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
42
Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability. 43.Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.
.
Amendment of Schedule 5 to the 1989 Regulations
33
In Schedule 5 to the 1989 Regulations (matters to be included in the notice of determination) in paragraph 2 for the words “regulation 68” there shall be substituted the words “regulation 65(3)”.
Amendments of the 1989 Regulations consequential upon the Children Act 1989
34
The provisions of the 1989 Regulations shall be further amended in accordance with Schedule 2 to these Regulations, which makes changes consequential upon the Children Act 1989 .
Revocations
35
The following regulations are hereby revoked, namely —
a
regulation 80 of the 1987 Regulations (requests for statement of reasons); and
b
regulation 68 of the 1989 Regulations (requests for statement of reasons).
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
2nd March 1992


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Gatwick Airport London (Cargo Area Designation) Order 1992 and shall come into force on 25th June 1992.
2
In this Order —
“the deposited plan” means the plan marked “The Gatwick Airport London (Cargo Area Designation) Order 1992”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Parliamentary Library, Room P3/001, 2 Marsham Street, London SW1P 3EB; and
“the cargo area” means the cargo storage and handling area at Gatwick Airport London, which is shown edged red on the deposited plan.
3
The cargo area is hereby designated for the purposes of section 27 of the Aviation Security Act 1982.
Signed by the authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
21st May 1992


text:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1992 and shall come into force on 1st September 1992.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Education (Teachers) Regulations 1989 .
Amendment
3
Subject to regulation 4, the principal Regulations shall be amended by the omission of regulation 14, paragraphs 8 and 9(2) of Schedule 1 and Schedule 6.
Transitional provision
4
In the case of a person who, on 1st September 1992, has commenced but not completed a period of probation under regulation 14 of and Schedule 6 to the principal Regulations, regulation 14 and Schedule 6 shall continue to have effect until all their provisions have been complied with.
John Patten
The Secretary of State for Education
21st July 1992


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions)(Lead in Ducks and Geese)(England)Order 1992 and shall come into force on 31st October 1992.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, drakes, ducks, ganders and geese in the area designated in article 3 below may have eaten lead and are likely to create a hazard to human health if their meat is consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Prohibitions on movement
4
1
No person shall move any drakes, ducks, ganders or geese from the designated area.
2
No person shall move from the designated area any meat or other product derived from drakes, ducks, ganders or geese which are or have been in the designated area.
3
No person shall move from from the designated area any product: —
i
which could be used as a feeding stuff for animals intended for human consumption; and
ii
which has been derived from any drakes, ducks, ganders or geese which are or have been in the designated area.
In witness whereof of the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th October 1992.
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 4) Regulations 1992 and shall come into force on 14th August 1992.
2
1
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the following provision of this regulation.
2
In paragraph (2) of regulation 15 (Applications for tests) for sub-paragraphs (a) to (c) there shall be substituted the following sub-paragraphs —
a
in respect of a test to be conducted on a day other than a Saturday —
i
£48 if the application for the test is made before 14th August 1992, and
ii
£55.50 if the application is made on or after that date;
b
in respect of a test to be conducted on a Saturday, £75.
.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
13th July 1992
We approve the making of these Regulations
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 1992


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Dioxins) (England) (No. 2) Order 1992 and shall come into force on 3rd June 1992.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, circumstances exist whereby creatures and crops in the area designated in article 3 below may be contaminated by dioxins or other poisonous substances and are likely to create a hazard to human health if food derived from them is consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Prohibitions
4
1
No person shall cause or permit the breeding in the designated area of any creature from which food could be derived.
2
No person shall move into or out of the designated area any creature from which food could be derived.
3
No person shall move out of the designated area–
a
any food derived from a creature which is or has been in the designated area;
b
any thing from which food could be derived, which is derived from a creature which is or has been in the designated area;
c
any food derived from any crop grown in the designated area;
d
any thing from which food could be derived, which is derived from any crop grown in the designated area.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
1st June 1992.


text:
1
The highway along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The lengths of Trunk Road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a principal road as from the date on which this Order comes into force.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway and are approximate only;
2
i
“the deposited plan” means the plan numbered MSE A259/0/65/2/2, marked “The A259 Trunk Road (Folkestone Trunking and Detrunking) Order 1992”, signed by authority of the Secretary of State and deposited atthe Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the Trunk Road” means the Folkestone — Honiton Trunk Road (A259).
5
This Order shall come into force on 30th November 1992 and may be cited as the A259 Trunk Road (Folkestone Trunking and Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
1st October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1992 and shall come into force on 18th September 1992.
Interpretation
2
1
In these Regulations —
“the 1949 Act ” means the Wireless Telegraphy Act 1949;
“the 1984 Act ” means the Telecommunications Act 1984 ;
“cordless telephone apparatus” means wireless telegraphy apparatus consisting in a base station and one or more mobile stations where: —
each of such stations is designed or adapted to be used —
to send verbal messages to be conveyed over a telecommunication system; and
to receive verbal messages conveyed over a telecommunication system;
the base station only is capable of being connected to a telecommunication system; and
the apparatus is designed or adapted to operate on either of the following pairs of frequencies: —
Base station transmission frequency Mobile station transmission frequency
a
47.43125 MHz
77.51250 MHz or
b
47.41875 MHz
77.55000 MHz; and
“station” means a station for wireless telegraphy.
2
In these Regulations, “connected”, “convey” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act.
Exemption
3
Subject to regulation 4, the establishment, installation and use of cordless telephone apparatus (hereinafter referred to as “the apparatus”) are hereby exempted from the provisions of section 1(1) of the 1949 Act.
Terms, provisions and limitations
4
The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations that —
a
the apparatus shall comply with the Department of Trade and Industry Performance Specification MPT 1371 as first published in May 1989 and as revised and reprinted in July 1992;
and
b
the apparatus shall not cause or contribute to any undue interference with any wireless telegraphy.
Restrictions on use and inspection
5
1
Where a person authorised for the purposes of this regulation by the Secretary of State (“an authorised person”) has reasonable cause to believe that the apparatus does not comply with regulation 4, any person who is in possession or control of the apparatus shall, on the demand of that authorised person —
a
permit and facilitate its inspection by that authorised person;
b
cause its use to —
i
cease; or
ii
be restricted in the manner specified by that authorised person,
for a period of time ending either on a date or on the occurrence of an event specified by the authorised person.
2
Any authorised person exercising powers under paragraph (1) above, shall, if so required by the person in possession or control of the apparatus, produce evidence of his authority.
Amendment of the Wireless Telegraphy (Exemption) Regulations 1982
6
Regulation 2 of the Wireless Telegraphy (Exemption) Regulations 1982 is amended as follows —
a
in the definition of “cordless telephone apparatus”, by the deletion of —
i
the word “public” in all places that it occurs; and
ii
paragraph (ii); and
b
by substituting for the definition of “the Specification” the following definition ““the Specification” means Performance Specification MPT 1322 published in August 1982 and as amended in February 1991 and September 1991”
T Eggar
Minister of State,
Department of Trade and Industry
18th August 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1992 and shall come into force on 2nd January 1993.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 20(3A), for sub-paragraphs (i) to (vi) there shall be substituted
audible warning instruments;
direction indicators;
doors and other openings;
emissions;
glass and field of vision;
hazard warning signal device;
lamps;
mirrors;
rear retro reflectors;
registration marks;
seat belts;
vehicle identification numbers;
or windscreen cleaning.
4
1
Schedule 2 (as substituted by regulation 11 of the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 ) shall be amended as follows.
2
In paragraph 2 (which relates to Class III vehicles) —
a
in the table in sub-paragraph (b), after item 20, there shall be inserted the following item —
20A 66 Plates
;
b
in the table in sub-paragraph (d), in item 27, before “18” there shall be inserted “17,” .
3
In paragraph 4 (which relates to Class V vehicles) —
a
in sub-paragraph (a), for “22 and” there shall be substituted “20, 22,” and after “26” there shall be inserted “and 28”;
b
n the table in sub-paragraph (b), after item 29 there shall be inserted the following item —
29A 25 Tyre Load and Speed Ratings
.
4
In paragraph 5 (which relates to Class VI vehicles) —
a
in sub-paragraph (a), after “22,” there shall be inserted “24,”;
b
in sub-paragraph (b), item 34 shall be omitted.
5
In paragraph 6 (which relates to Class VII vehicles), for “27 and 34” there shall be substituted “13 and 15 to 29A”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
11th December 1992


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1992 and shall come into force on 1st April 1992.
2
In this Order–
“the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Toll road facilities
2
1
After Part 29 of Schedule 2 to the 1988 Order insert–
PART 30
TOLL ROAD FACILITIES
CLASS A
Permitted Development
A
Development consisting of–
a
the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;
b
the creation of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.
Development not permitted
A.1
Development is not permitted by Class A if–
a
it is not located within 100 metres (measured along the ground) of the boundary of a toll road;
b
the height of any building or structure would exceed–
i
7.5 metres excluding any rooftop structure; or
ii
10 metres including any rooftop structure;
c
the aggregate floor area at or above ground level of any building or group of buildings within a toll collection area, excluding the floor area of any toll collection booth, would exceed 1500 square metres.
Conditions
A.2
In the case of any article 1(5) land, development is permitted by Class A subject to the following conditions–
a
the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the facilities for the collection of tolls;
b
the application shall be accompanied by a written description, together with plans and elevations, of the proposed development and any fee required to be paid;
c
the development shall not be begun before the occurrence of one of the following–
i
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
ii
where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or
iii
the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
d
the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out–
i
where prior approval is required, in accordance with the details approved;
ii
where prior approval is not required, in accordance with the details submitted with the application; and
e
the development shall be carried out–
i
where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;
ii
in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).
Interpretation of Class A
A.3
For the purposes of Class A —
“facilities for the collection of tolls” means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;
“ground level” means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;
“rooftop structure” means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is–
so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;
lift machinery; or
reasonably required for safety purposes;
“toll” means a toll which may be charged pursuant to a toll order;
“toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;
“toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;
“toll road” means a road which is the subject of a toll order;
“toll order” has the same meaning as in Part I of the New Roads and Street Works Act 1991 .
.
2
In paragraph 5 of article 3 of the 1988 Order (permitted development), for “Parts 9, 11 or 13” substitute “Parts 9, 11, 13 or 30”
Michael Heseltine
Secretary of State for the Environment
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (No. 2) Regulations 1992.
2
These Regulations shall come into force on the twenty-eighth day after the day on which they are made.
Application and interpretation
2
1
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
2
These Regulations apply —
a
to applications referred to in regulations 1(2)(a), (b), (bb) or (c), or 10A, of the 1989 Regulations made on or after the date on which these Regulations come into force;
b
to applications referred to in regulation 1(2)(d) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued on or after the date on which these Regulations come into force.
General increase in fees
3
1
In regulation 10A of the 1989 Regulations —
a
in paragraph (5)(b), for “£55” substitute “£60”; and
b
in paragraph (6), for “£110” substitute “£120”, for “£55” substitute “£60”, and for “£5,520” substitute “£6,000”.
2
In Part I of Schedule 1 to the 1989 Regulations —
a
in paragraphs 4(1) and 6(2), for “£110” substitute “£120”;
b
in paragraphs 7 and 7A(b) , for “£55” substitute “£60”; and
c
in paragraph 15(2), for “£110” substitute “£120”, and for “£2,760” substitute “£3,000”.
3
For Part II of Schedule 1 to the 1989 Regulations (scale of fees) substitute the new Part II set out in Schedule 1 hereto.
4
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications) substitute the new Schedule 2 set out in Schedule 2 hereto.
Fees for certain applications under the General Development Order
4
For regulation 11A of the 1989 Regulations substitute —
11A
1
Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Part 6, Part 7, Part 24 or Part 31 of Schedule 2 to the General Development Order, a fee shall be paid to that authority of £22.
2
Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
.
Amendment to Schedule 1 to the 1989 Regulations
5
In Schedule 1 to the 1989 Regulations after paragraph 7A in Part I insert —
7B
Where an application is made for the renewal of planning permission and —
a
a planning permission has previously been granted for development which has not yet begun, and
b
a limit as to the time by which the development must be begun was imposed under section 91 (limit of duration of planning permission) or section 92 (outline planning permission) of the Town and Country Planning Act 1990 which has not yet expired,
the fee payable in respect of the application shall be £60.
.
Revocation
6
1
Subject to paragraph (2), regulation 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991 is hereby revoked.
2
The regulation referred to in paragraph (1) shall continue to have effect in relation to the applications referred to in regulation 1(2)(d) or (e) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued, or, as the case may be, an application for an established use certificate made, before the date on which these Regulations come into force.
3
Regulation 5 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1992 is hereby revoked.
Michael Howard
Secretary of State for the Environment
2nd December 1992
David Hunt
Secretary of State for Wales
7th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations —
“ the Act ” means the Child Support Act 1991;
“child of the family” has the same meaning as in the Matrimonial Causes Act 1973 or, in Scotland, the Family Law (Scotland) Act 1985 ; and
“periodical payments” includes secured periodical payments.
Periodical payments and categories of person prescribed for the purposes of section 30 of the Act
2
The following periodical payments and categories of persons are prescribed for the purposes of section 30(1) of the Act —
a
payments under a maintenance order made in relation to a child in accordance with the provisions of section 8(6) (periodical payments in addition to child support maintenance), 8(7) (periodical payments to meet expenses incurred in connection with the provision of instruction or training) or 8(8) of the Act (periodical payments to meet expenses attributable to disability);
b
any periodical payments under a maintenance order which are payable to or for the benefit of a spouse or former spouse who is the person with care of a child who is a qualifying child in respect of whom a child support maintenance assessment is in force in accordance with which the Secretary of State has arranged for the collection of child support maintenance under section 29 of the Act; and
c
any periodical payments under a maintenance order payable to or for the benefit of a former child of the family of the person against whom the order is made, that child having his home with the person with care.
Collection and enforcement — England and Wales
3
In relation to England and Wales, sections 29(2) and (3) and 31 to 40 of the Act, and any regulations made under those sections, shall apply for the purpose of enabling the Secretary of State to enforce any obligation to pay any amount which he is authorised to collect under section 30 of the Act, with the modification that any reference in those sections or regulations to child support maintenance shall be read as a reference to any of the periodical payments mentioned in regulation 2 above, and any reference to a maintenance assessment shall be read as a reference to any of the maintenance orders mentioned in that regulation.
Collection and enforcement — Scotland
4
In relation to Scotland, for the purpose of enforcing any obligation to pay any amount which the Secretary of State is authorised to collect under section 30 of the Act —
a
the Secretary of State may bring any proceedings and take any other steps (other than diligence against earnings) which could have been brought or taken by or on behalf of the person to whom the periodical payments are payable; and
b
sections 29(2) and (3), 31 and 32 of the Act, and any regulations made under those sections, shall apply, with the modification that any reference in those sections or regulations to child support maintenance shall be read as a reference to any of the periodical payments mentioned in regulation 2 above, and any reference to a maintenance assessment shall be read as a reference to any of the maintenance orders mentioned in that regulation.
Collection and enforcement — supplementary
5
Nothing in Regulations 3 or 4 applies to any periodical payment which falls due before the date specified by the Secretary of State by a notice in writing to the absent parent that he is arranging for those payments to be collected, and that date shall be not earlier than the date the notice is given.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
26th October 1992


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 1992 and shall come into force on 30th April 1992.
2
The byelaws mentioned in the first column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the second column of that Schedule, are hereby revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1992


text:
1
1
These Regulations may be cited as the Merchant Shipping Categorisation of Waters Regulations 1992 and shall come into force on 31st October 1992.
2
The Merchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987 are hereby revoked.
2
References to Merchant Shipping Notice M1504 includes references to any subsequent Merchant Shipping Notice amending or replacing it which specifies the date on which such subsequent notice takes effect and which the Secretary of State considers relevant from time to time.
3
1
This regulation applies to instruments [made or] in force at the time of the making of these Regulations being —
a
regulations made pursuant to section 21(1) of the Merchant Shipping Act 1979; or
b
rules or regulations made pursuant to any other provision of the Merchant Shipping Acts 1894 to 1988
in which the expression “smooth waters” or “partially smooth waters” or any cognate expression occurs.
2
For the purposes of any instrument to which this regulation applies and notwithstanding anything therein —
a
“category A, B, C or D waters” shall respectively mean the waters specified as Category A, B, C or D waters in Merchant Shipping Notice M1504.
b
the term “smooth waters”, when used in the regulations referred to in paragraph (1) of this regulation means category A and B and C waters combined and the term “partially smooth waters” means category D waters.
Signed by Authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
1st October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Middlesex University Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Middlesex University Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Middlesex University Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at West Middlesex University Hospital, Isleworth, Middlesex TW7 6AF including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Hounslow and Spelthorne Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Hounslow and Spelthorne Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Hounslow and Spelthorne Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
These Regulations may be cited as the Taxes (Relief for Gifts) (Designated Educational Establishments) Regulations 1992 and shall come into force on 4th February 1992.
2
1
In these Regulations–
“charity” has the same meaning as in section 506 of the Income and Corporation Taxes Act 1988, and a charity is an educational charity if the charitable purposes for which it is established are exclusively educational purposes;
“the 1980 Act ” means the Education (Scotland) Act 1980 ; and
“the 1989 Act ” means the Self-Governing Schools etc (Scotland) Act 1989 .
2
Expressions used in these Regulations in relation to educational establishments in England and Wales have the same meaning as in the Education Acts 1944 to 1991.
3
Expressions used in the seRegulations in relation to educational establishments in Scotland have the same meaning as in the 1980 Act or the 1989 Act.
3
The educational establishments and categories of educational establishments specified in the Schedule to these Regulations are hereby designated for the purposes of section 84 of the Income and Corporation Taxes Act 1988.


text:
1
This Order may be cited as the medical Qualifications (Amendment) Act 1991 (Commencement) Order 1992.
2
The Medical Qualifications (Amendment) Act 1991 shall come into force on 30th March 1992.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Mersey Community National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on10th December 1992.
2
In this Order:
“the Authority” means South Sefton (Merseyside) Health Authority;
“the Trust” means the North Mersey Community 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 14th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th December 1992 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
12th November 1992


text:
1
These Regulations may be cited as the Finance Act 1991, section 58, (Commencement No. 2) Regulations 1992 and shall come into force on 29th June 1992.
2
The day specified by these Regulations as the day on which —
a
the provisions of section 58 of the Finance Act 1991 referred to in regulation 3 shall have effect in relation to payments made on or after that day for the purposes referred to in paragraph (1) of regulation 4, and
b
the provisions of that section referred to in regulation 5 shall have effect in relation to payments made on or after that day,
is 30th June 1992.
3
The provisions referred to in this regulation are —
a
the insertion by subsection (1) of that section of section 736A of the Income and Corporation Taxes Act 1988 after section 736 of that Act,
b
the insertion by subsection (2) of that section and paragraph 1 of Schedule 13 to the Finance Act 1991 of Schedule 23A to the Income and Corporation Taxes Act 1988 after Schedule 23 to that Act, and
c
the amendments made by subsection (2) of that section and paragraph 3 of Schedule 13 to the Finance Act 1991 to section 737 of the Income and Corporation Taxes Act 1988 .
4
1
The purposes referred to in this paragraph are the application of —
a
the said section 736A,
b
the said Schedule 23A, and
c
the said section 737 as so amended,
to payments of amounts representative of periodical payments of interest on United Kingdom securities.
2
In paragraph (1) above “United Kingdom securities”has the meaning given by paragraph 1(1) of the said Schedule 23A.
5
The provisions referred to in this regulation are the amendments made by subsection (2) of section 58 of the Finance Act 1991 and paragraph 4 of Schedule 13 to that Act to section 738 of the Income and Corporation Taxes Act 1988.
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1992


text:
1
These Regulations may be cited as the Access for Community Air Carriers to Intra-Community Air Routes Regulations 1992 and shall come into force on 1st January 1993.
2
1
In these Regulations “the Council Regulation” means Council Regulation 2408/92 on access for Community air carriers to intra-Community air routes .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation.
3
The Secretary of State shall be the competent authority for the purposes of the Council Regulation.
4
Community air carriers are hereby permitted to exercise traffic rights on routes —
a
within the United Kingdom,
b
between the United Kingdom and Gibraltar, and
c
between the United Kingdom and another member State,
and in operating air services may combine air services and use the same flight number on combined air services.
5
Nothing in regulation 4 of these Regulations permits the exercise of traffic rights —
a
on routes to or from airports that are for the time being suspended or exempted from the Council Regulation by article 1 thereof;
b
on air services for the transport of passengers on routes that the Secretary of State is not required to authorise by virtue of paragraph 2 of article 3 of the Council Regulation;
c
on routes where access is regulated by the Secretary of State by virtue of paragraph 4 of article 3 of the Council Regulation except as so regulated;
d
on air services for the transport of passengers on routes subject to a public service obligation imposed by the Secretary of State or by another member State by virtue of paragraph 1(a) of article 4 of the Council Regulation except in accordance with the obligations so imposed and, in a case where access is limited by the imposer of the public service obligation by virtue of paragraph 1(d) of article 4 of that Regulation, by the Community air carrier selected to operate the route;
e
on routes for which an exclusive concession continues by virtue of article 5 of the Council Regulation except by the air carrier entitled to that concession;
f
on scheduled air services for the transport of passengers on routes where the Secretary of State or another member State has refused a scheduled air service, otherwise than on condition that it is operated with aircraft of not more than 80 seats, or it is operated in such a way that not more than 80 seats are available for sale between the two airports in question, by virtue of article 6 of the Council Regulation except in accordance with that condition; or
g
on a new service or by way of an increase in the frequency of an existing service in circumstances where paragraph 8 of article 9 of the Council Regulation applies and, in consequence of that paragraph, that new service or increased frequency, as the case may be, is not authorised.
6
A Community air carrier which knowingly or recklessly exercises traffic rights on routes within the United Kingdom or between the United Kingdom and Gibraltar or between the United Kingdom and another member State in the absence of a permission so to do, which shall include exercising such rights —
a
in breach of any access regulation imposed by virtue of paragraph 4 of article 3 of the Council Regulation;
b
in breach of obligations required by a public service obligation imposed by virtue of paragraph 1(a) of article 4 of the Council Regulation;
c
in breach of an access limitation imposed by virtue of paragraph 1(d) of article 4 of the Council Regulation;
d
in breach of an exclusive concession which continues in force by virtue of article 5 of the Council Regulation;
e
in breach of conditions imposed by virtue of article 6 of the Council Regulation; or
f
in circumstances where paragraph 8 of article 9 of the Council Regulation applies and, in consequence of that paragraph, the new service or increased frequency, as the case may be, is not authorised;
shall be guilty of an offence.
7
A Community air carrier which knowingly or recklessly exercises traffic rights in breach of traffic distribution rules made by the Secretary of State by virtue of section 31 of the Airports Act 1986 and relating to an airport system shall be guilty of an offence.
8
A Community air carrier which knowingly or recklessly exercises traffic rights in breach of rules referred to in paragraph 2 of article 8 of the Council Regulation or of conditions, limitations or refusals imposed by the Secretary of State by virtue of paragraph 1 of article 9 of that Regulation shall be guilty of an offence.
9
1
The Secretary of State may, by notice in writing served in a manner set out in regulation 4 of the Civil Aviation Authority Regulations 1991 on a Community air carrier with a valid operating licence granted by the Civil Aviation Authority require that carrier to furnish to him, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified, being descriptions of information —
a
necessary for the implementation of paragraph 3 of article 3 of the Council Regulation, or
b
required by the Commission for it to carry out its duties under the Council Regulation.
2
A Community air carrier which fails without reasonable excuse to comply with the requirements of a notice served on it under paragraph (1) above shall be guilty of an offence.
3
A Community air carrier which, in purported compliance with the requirements of any such notice, knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
10
A Community air carrier guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
11
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
12
1
Subject to paragraph (2) below, summary proceedings for an offence under these Regulations may be commenced in Scotland within a period of 6 months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than 3 years after the commission of the offence.
3
For the purposes of this regulation, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
Subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
13
1
The obligation of the Secretary of State, when taking any decision under article 4 of the Council Regulation, to comply with —
a
the provisions of that article, and
b
any enforceable Community obligation applicable to the imposition of a public service obligation concerning a scheduled air service,
is a duty owed to air carriers.
2
A breach of the duty owed pursuant to paragraph (1) above shall not be a criminal offence but any breach of the duty shall be actionable by any air carrier which, in consequence, suffers, or risks suffering, loss or damage.
3
Proceedings under this regulation shall be brought in England and Wales and in Northern Ireland in the High Court and, in Scotland, before the Court of Session.
4
Proceedings under this regulation may not be brought unless they are brought promptly and in any event within 3 months from the date when grounds for the bringing of proceedings first arose unless the Court considers that there is good reason for extending the period within which proceedings may be brought.
5
Subject to paragraph (6) below, but otherwise without prejudice to any other powers of the Court, in proceedings brought under this regulation the Court may —
a
by interim order suspend the implementation of any decision taken under article 4 of the Council Regulation; and
b
if satisfied that a decision taken by the Secretary of State is in breach of the duty owed pursuant to paragraph (1) above —
i
order the setting aside of that decision, or
ii
award damages to an air carrier which has suffered loss or damage as a consequence of the breach, or
iii
do both of those things.
6
In proceedings under this regulation the Court shall not have power to order any remedy other than an award of damages in respect of a breach of the duty owed pursuant to paragraph (1) above if the contract to operate services on the route subject to a public service obligation, being the contract in relation to which the breach has occurred, has been entered into.
14
At the end of paragraph (1) of article 88 of the Air Navigation Order 1989 there shall be added the words —
unless that aircraft is exercising traffic rights permitted by virtue of Council Regulation 2408/92 on access for Community air carriers to intra-Community air routes.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
1st December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Multiple Moorings) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the 1988 Act ” means the Local Government Finance Act 1988.
Multiple moorings etc. treated as one hereditament
2
Where on any land there are two or more moorings which–
a
are owned by the same person,
b
are not domestic property, and
c
are separately occupied, or available for separate occupation, by persons other than that person,
a valuation officer may determine that, for the purposes of the compilation or alteration of a local non-domestic rating list, all or any of the moorings, or all or any of them together with any adjacent moorings or land owned and occupied by that person, shall be treated as one hereditament.
Occupation of multiple moorings etc.
3
While such a determination as is mentioned in regulation 2 is in force–
a
the person who on any day is the owner of the moorings (or the moorings and land) which constitute the hereditament shall be treated for the purposes of sections 43, 44A and 45 of the 1988 Act as being in occupation of all of the hereditament on that day; and
b
no other person shall be treated for those purposes as being in occupation of all or any part of the hereditament on that day.
Information for owners
4
1
A valuation officer who–
a
makes such a determination as is mentioned in regulation 2; and
b
compiles or alters a local non-domestic rating list so as to show as a single hereditament property which, but for the determination, would have been shown in the list as two or more hereditaments,
shall supply to the owner of the relevant hereditament the information referred to in paragraph (2).
2
The information is–
a
a copy of the information shown in the list in respect of the relevant hereditament; and
b
if it is not apparent from the information provided under sub-paragraph (a), a statement of the number of moorings which are not domestic property and which comprise or are included in the relevant hereditament; and
c
a statement of the amount of the part of the rateable value of the relevant hereditament which, in the opinion of the valuation officer, is attributable to those moorings.
3
Information required to be given by paragraph (1) shall be supplied within the period of 28 days beginning with the day on which the list was compiled or altered, as the case may be.
4
Where it appears to a valuation officer that information supplied in accordance with paragraph (1) is no longer accurate but no alteration of the local non-domestic rating list is required, he shall supply to the owner of the relevant hereditament a statement of the matters referred to in sub-paragraphs (a) to (c) of paragraph (2) as soon as reasonably practicable.
5
In this regulation and regulation 5–
a
references to the owner of a hereditament are to the person treated, in accordance with regulation 3, as being in occupation of it; and
b
references to the relevant hereditament are references to the single heredita-ment to which the determination under regulation 2 relates.
Information for persons other than owners
5
1
Where–
a
a valuation officer makes such a determination as is mentioned in regulation 2; and
b
there is served on him by a person to whom paragraph (3) applies a notice requiring him to supply that person with a copy of any statement supplied to the owner of the relevant hereditament under regulation 4,
the valuation officer shall supply to that person a copy of the statement supplied or last supplied in accordance with paragraph (1) or (4) of that regulation (as the case may be).
2
The valuation officer shall comply with such a request as is mentioned in paragraph (1)(b) as soon as reasonably practicable after receipt of the notice.
3
This paragraph applies to a person who, but for a determination under regulation 2, would on any day have been treated for the purposes of section 43 or 44A or 45 of the 1988 Act as being in occupation of any part of the relevant hereditament on that day.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation and commencement
1
1
This Order may be cited as the Greater London and Kent (County Boundaries) Order 1992.
2
This Order shall come into force on 30th September 1992 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1993.
Interpretation
2
In this Order —
“Bexley” means the London borough of Bexley;
“Kent” means the county of Kent;
“Dartford” means the borough of Dartford in that county; and
“electoral division” means an electoral division of that county,
“the map” means one of the 4 maps prepared by the Department of the Environment, marked “Maps of the Greater London and Kent (County Boundaries) Order 1922”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“ward” means a ward of the borough from or to which an area is transferred.
Transfers from Greater London (Bexley) to Kent (Dartford)
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater London, from Bexley, and from the ward mentioned in column 3 to —
a
Kent;
b
Dartford;
c
the ward and the electoral division mentioned in column 4; and to
d
the Dartford petty sessional division and the North Kent coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Greater London, from Bexley, and from — To Kent, to Dartford, and to —
B3 3 Crayford ward
Gundulf ward
Dartford West electoral divison
3 B4 and B6 Crayford ward
Heath ward
Dartford West electoral division
B1 1 North End ward
Priory ward
Dartford ward West electoral division
B11 3 St. Mary’s ward
Maypole ward
Dartford ward West electoral division
B9 and B10 3 Upton ward
Heath ward
Dartford West electoral division
Transfers from Kent (Dartford) to Greater London (Bexley)
4
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Kent, from Dartford and from the ward mentioned in column 3 to —
a
Greater London;
b
Bexley;
c
the ward mentioned in column 4; and to
d
the Bexley petty sessional division, and the Southern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Kent, from Dartford and from — To Greater London, to Bexley, and to —
B5 and B7 3 Heath ward Crayford ward B8 3 Heath ward Upton ward B2 2 Maypole ward Cray ward B12 4 Maypole ward St. Mary’s ward
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of theSecretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
31st August 1992


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1992 and shall come into force on the following dates:
articles 1 and 2(a) 11th March 1992 article 2(b) 1st May 1992.
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 “£35,000” there shall be substituted “£36,600”, and
b
in paragraphs 1(3), 2(1) and 2(2), for “£33,600” there shall be substituted “£35,100”.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Land Registration (Charities) Rules 1992 and shall come into force on 1st January 1993.
2
In these Rules:
a
“the principal rules” means the Land Registration Rules 1925 ;
b
a rule referred to by number means the rule so numbered in the principal rules.
Additions to definitions in the principal rules
2
In rule 1 of the principal rules the following paragraphs shall be inserted after paragraph (5C):
5D
“Charity” and “charity trustees” have the same meaning as in sections 45(1) and 46 of the Charities Act 1960 respectively.
5E
“the official custodian” means the official custodian for charities.
5F
“Exempt charity” has the same meaning as in section 45(1) of the Charities Act 1960.
New rule 60
3
1
The following rule shall be substituted for rule 60:
Applications for first registration of land held by or in trust for a charity
60
1
Any application under sections 4 and 8 of the Act for first registration of land held by or in trust for a charity shall be made by the charity trustees or, where the charity is a company or other body corporate, by that company or other body corporate.
2
Paragraph (1) above applies to an application for the registration as proprietor of:
a
the charity trustees;
b
the charity;
c
the official custodian;
d
any other trustee for the charity.
3
Where the person to be registered as proprietor is the official custodian, there shall be produced to the registrar: —
a
a certified copy of the order of the court made under section 16(1) of the Charities Act 1960; or
b
a certified copy of an order of the Charity Commissioners made under sections 18 or 20 of the Charities Act 1960; or
c
a statement by the solicitor to the charity as to the statute which vested the land in the official custodian;
and in every case the address of the charity trustees shall be given to the registrar and, if so desired, the address of the official custodian, for the purposes of rule 315 (addresses for service of notices).
4
Where the charity trustees have been incorporated under the Charitable Trustees Incorporation Act 1872 the trustees shall produce to the registrar with the application a certified copy of the certificate granted by the Charity Commissioners under section 1 of that Act.
5
Where the charity is subject to the provisions of the Universities and College Estates Acts 1925 and 1964 the application shall be accompanied by a certificate to that effect.
6
Where the charity trustees, the charity, the official custodian or other trustee for the charity are registered as proprietor the registrar shall enter the appropriate restriction in the register.
7
In this rule the appropriate restriction means: —
a
in the case of a charity which is not an exempt charity, a restriction in form 12;
b
in the case of an exempt charity which is not subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12A;
c
in the case of an exempt charity which is subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12B;
d
where the title concerned is a rentcharge, a restriction in form 12C;
e
in the case of land vested in the official custodian under section 20 of the Charities Act 1960, a restriction in form 12D.
2
Form 12 in the Schedule to these rules shall be substituted for Form 12 in the Schedule to the principal rules, and forms 12A, 12B, 12C, 12D in the Schedule to these rules shall be inserted immediately after form 12 in the Schedule to the principal rules.
New rule 61
4
The following rule shall be substituted for rule 61:
Statements to be contained in instruments effecting a disposition in favour of a charity
61
The statement required by section 33(5) of the Charities Act 1992 to be inserted into any conveyance, lease or other instrument to which section 123(1) of the Act applies and which will result in land being held by or in trust for a charity shall be in the following form:
The land conveyed [ or as the case may be ] will, as a result of this conveyance [ or as the case may be ], be held by or in trust for the [ named ] charity and either the charity is an exempt charity or the charity is not an exempt charity and the restrictions on disposition imposed by section 32 of the Charities Act 1992 will apply to the land (subject to subsection (9) of that section)
.
New rule 62
5
The following rule shall be substituted for rule 62:
Statements to be contained in instruments effecting a disposition by a charity
62
The statement required by section 33(1) of the Charities Act 1992 to be inserted into any conveyance, lease or other instrument to which section 123(1) of the Act applies effecting a disposition of unregistered land held by or in trust for a charity shall be in the following form:
The land conveyed [ or as the case may be ] is held by or in trust for a charity by the vendor [ or as the case may be ] and
the charity is an exempt charity
or
the charity is not an exempt charity and the conveyance [ or as the case may be ] is one falling within paragraph [ (a), (b) or (c) as the case may be ] of subsection (9) of section 32 of the Charities Act 1992
or
the charity is not an exempt charity and the restrictions on disposition imposed by section 32 of the Charities Act 1992 apply to the land (subject to subsection (9) of that section)
.
New rule 122
6
The following rule shall be substituted for rule 122:
Dispositions in favour of a charity
122
1
A disposition or dealing in favour of a charity shall comply with this rule.
2
The statement required by section 33(5) of the Charities Act 1992 to be inserted into any instrument effecting a disposition which will result in the land being held by or in trust for a charity shall be in the following form:
The land transferred [ or as the case may be ] will, as a result of this transfer [ or as the case may be ], be held by or in trust for the [ named ] charity and either the charity is an exempt charity or the charity is not an exempt charity and the restrictions on disposition imposed by section 32 of the Charities Act 1992 will apply to the land (subject to subsection (9) of that section).
3
Where the charity trustees have been incorporated under the Charitable Trustees Incorporation Act 1872 they shall be described in the instrument effecting the disposition as:
a body corporate under the Charitable Trustees Incorporation Act 1872
4
Where the charity is subject to the provisions of the Universities and College Estates Acts 1925 and 1964 the instrument effecting the disposition shall contain the following statement:
The provisions of the Universities and College Estates Acts 1925 and 1964 apply to the charity
.
New rule 123
7
The following rule shall be substituted for rule 123:
Applications for the registration of dispositions or dealings with titles to be held by or in trust for a charity
123
1
Any application to register a disposition of land under sections 19, 22 or 26 of the Act which, when registered, will be held by or in trust for a charity shall be made by the charity trustees or, where the charity is a company or other body corporate, by that company or other body corporate.
2
Paragraph (1) above applies to an application for the registration of:
a
the charity trustees;
b
the charity;
c
the official custodian;
d
any other trustee for the charity.
3
Where the person to be registered as proprietor is the official custodian, there shall be produced to the registrar: —
a
a certified copy of an order of the court made under section 16(1) of the Charities Act 1960; or
b
a certified copy of an order of the Charity Commissioners made under sections 18 or 20 of the Charities Act 1960;
and the address of the charity trustees shall be stated in the application and, if so desired, that of the official custodian, for the purposes of rule 315 (addresses for service of notices).
4
Where the charity trustees have been incorporated under the Charitable Trustees Incorporation Act 1872 the trustees shall produce to the registrar with the application a certified copy of the certificate granted by the Charity Commissioners under section 1 of that Act.
5
Where the charity trustees, the charity, the official custodian or any other trustee for the charity, are registered as proprietor the registrar shall enter the appropriate restriction in the register.
6
In this rule the appropriate restriction means: —
a
in the case of a charity which is not an exempt charity, a restriction in form 12;
b
in the case of an exempt charity which is not subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12A;
c
in the case of an exempt charity which is subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12B;
d
where the title concerned is a rentcharge, a restriction in form 12C;
e
in the case of land vested in the official custodian under section 20 of the Charities Act 1960, a restriction in form 12D.
7
The registrar may, before completing the registration, require the production of a certified copy of the charitable trust deed, will, statute, memorandum or articles of association, order of the court or of the Charity Commissioners or other instrument or direction defining the trusts under which the title will be held.
New rule 124
8
The following rule shall be substituted for rule 124:
Duties of charity trustees and others to make applications where a registered title is held by or in trust for a charity
124
1
In this rule the expression “the appropriate restriction” has the same meaning as in rule 123(6).
2
Where registered land not previously held by or in trust for a charity becomes so held, the charity trustees or the charity shall apply for the appropriate restriction to be entered.
3
Where a registered proprietor is a company or other body corporate which becomes a charity it shall apply for the appropriate restriction to be entered.
4
Where registered land is held by or in trust for a charity which becomes an exempt charity, the charity trustees or the charity shall apply for the appropriate restriction to be entered.
5
Where, under rule 131, the registrar enters as proprietor a person who is or holds on trust for a charity the registrar shall also enter the appropriate restriction.
6
Where in relation to a charity or charity trustees the Charity Commissioners have taken any action under the provisions of section 20(1), (1A) or (3) of the Charities Act 1960 they may apply for the entry of a restriction in Form 12D on the register of any title held by or in trust for that charity.
New rule 128
9
The following rule shall be substituted for rule 128:
Dispositions and other dealings by a charity
128
1
A disposition or dealing by a charity shall comply with the requirements of this rule.
2
The statement required by section 33(1) of the Charities Act 1992 to be inserted into any instrument effecting a disposition of registered land held by or in trust for a charity (other than a charge of registered land) shall be in the following form:
The land transferred [ or as the case may be ] is held by or in trust for a charity by the proprietor and
the charity is an exempt charity
or
the charity is not an exempt charity and the transfer [ or as the case may be ] is one falling within paragraph [ (a), (b) or (c) as the case may be ] of subsection (9) of section 32 of the Charities Act 1992
or
the charity is not an exempt charity and the restrictions on disposition imposed by section 32 of the Charities Act 1992 apply to the land (subject to subsection (9) of that section).
3
The statement required by section 35(1) of the Charities Act 1992 to be inserted into any charge of registered land held by or in trust for a charity shall be in the following form:
The land charged is held by or in trust for a charity by the proprietor and
the charity is an exempt charity
or
the charity is not an exempt charity and the charge is one falling within subsection (5) of section 34 of the Charities Act 1992
or
the charity is not an exempt charity and the charge is one to which the restrictions imposed by section 34 of the Charities Act 1992 apply
.
Revocation
10
Rules 129, 130, 132 and 260 of the principal rules and Form 36 in the Schedule to the principal rules are hereby revoked.
Mackay of Clashfern, C.
Dated 13th November 1992


text:
Citation, commencement and interpretation
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) (Amendment) (No. 2) Order 1992 and shall come into force on 6th January 1993.
2
In relation to the Sir Thomas Picton School, to the extent to which the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990 came into force on 1st August 1992 in pursuance of article 10A and Schedule 3, Part I thereof (Schools in the County of Dyfed) that Order —
a
shall cease to be in force, and
b
accordingly, shall be of no effect until again brought into force in pursuance of article 10A thereof and Part II of Schedule 3 as amended by the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) (Amendment) Order 1992 .
David Hunt
Secretary of State for Wales
3rd December 1992