text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Fourth Amendment) Order 1993 and shall come into force on 1st April 1993.
Amendment of the Air Navigation Order 1989
2
The Air Navigation Order 1989 shall be amended as follows:
1
At the beginning of article 6(1) there shall be inserted “Subject to article 6A of this Order,”.
2
After article 6 there shall be inserted:
Issue of police air operator’s certificate
6A
1
A flight by an aircraft registered in the United Kingdom in the service of a chief officer of police for any area of the United Kingdom (in this Order called “a police authority”) shall, for the purposes of this Order, be deemed to be a flight for the purpose of public transport and if any passenger is carried the flight shall be deemed to be for the purpose of public transport of passengers, and save as otherwise expressly provided, the provisions of this Order and of any regulations made thereunder shall be complied with in relation to any such flight as if that flight was for the purpose of public transport or public transport of passengers as the case may be.
2
An aircraft registered in the United Kingdom shall not fly on any flight in the service of a police authority otherwise than under and in accordance with either the terms of an air operator’s certificate granted to the operator of the aircraft under article 6(2) of this Order or the terms of a police air operator’s certificate granted to the operator of the aircraft under paragraph (3) of this article, certifying that the holder of the certificate is competent to secure that aircraft operated by him on flights for the purpose of police operations are operated as safely as is appropriate having regard to the particular purposes of the flight.
3
The Authority shall grant to any person applying therefor a police air operator’s certificate (in this Order called “a police air operator’s certificate”) if it is satisfied that that person is competent having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the operation of aircraft of the types specified in the certificate shall be as safe as is appropriate when flying on flights of the description and for the purposes so specified. The certificate may be granted subject to such conditions as the Authority thinks fit and shall, subject to the provisions of article 66 of this Order, remain in force for the period specified in the certificate.
.
3
After article 15(3)(b) there shall be added:
and
c
unless in the case of an aircraft to which article 26A of this Order applies, the police operations manual required thereby contains the particulars specified at sub-paragraph (xvii) of Part A of Schedule 10 to this Order.
.
4
After the proviso to article 19(3)(b) there shall be added:
Provided further that an aeroplane described in sub-paragraphs (iii), (iv) or (v) which is flying under and in accordance with the terms of a police air operator’s certificate shall not be required to carry two pilots.
.
5
After article 26(1) there shall be added:
Provided that this article shall not apply to an aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.
.
6
After article 26 there shall be inserted:
Police operations manual
26A
1
This article shall apply to aircraft flying, or intended by the operator of the aircraft to fly, under and in accordance with the terms of a police air operator’s certificate.
2
An aircraft to which this article applies shall not fly except under and in accordance with the terms of Part I and Part II of a police operations manual, Part I of which shall have been approved in respect of the aircraft by the Authority.
3
a
The operator of every aircraft to which this article applies shall:
i
make available to each member of its operating staff a police operations manual;
ii
ensure that each copy of the police operations manual is kept up to date;
iii
ensure that on each flight every member of the crew has access to every part of the police operations manual which is relevant to his duties on the flight.
b
Each police operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such.
4
The Authority may approve Part I of the police operations manual for the purposes of this article either absolutely or subject to such conditions as it thinks fit.
5
a
An aircraft to which this article applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Authority a copy of Part II of the police operations manual for the time being in effect in respect of the aircraft.
b
Any amendments or additions to Part II of the police operations manual shall be furnished to the Authority by the operator before or immediately after they come into effect:
Provided that where an amendment or addition relates to the operation of an aircraft to which the police operations manual did not previously relate, that aircraft shall not fly in the service of a police authority under and in accordance with the terms of a police air operator’s certificate until the amendment or addition has been furnished to the Authority.
6
Without prejudice to the foregoing paragraphs the operator shall make such amendments or additions to the police operations manual as the Authority may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
7
For the purposes of this article “operating staff” has the meaning ascribed to it in article 26(4) of this Order.
.
7
After article 27(1) there shall be added:
Provided that this article shall not apply to aircraft flying, or intended by the operator of the aircraft to fly, solely under and in accordance with the terms of a police air operator’s certificate.
.
8
For article 30(5) there shall be substituted:
5
a
Without prejudice to the provisions of paragraph (3) of this article a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group B (in this paragraph of this article called “a group B helicopter”) shall not fly over water for the purpose of public transport so as to be more than 20 seconds flying time from a point from which it can make an autorotative descent to land suitable for an emergency landing (in this paragraph of this article called “the specified circumstances”) unless it is equipped with apparatus approved by the Authority enabling it to land safely on water (in this paragraph of this article called “the required apparatus”).
b
Without prejudice to the provisions of paragraph (3) of this article a group B helicopter equipped with the required apparatus, which is flying under and in accordance with the terms of an air operator’s certificate but not under and in accordance with the terms of a police air operator’s certificate, shall not fly in the specified circumstances on any flight for more than 3 minutes except with the permission in writing of the Authority and in accordance with any conditions subject to which that permission may have been granted.
c
Without prejudice to the provisions of paragraph (3) of this article a group B helicopter equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which is carried any passenger who is not:
i
a police officer;
ii
an employee of a police authority;
iii
a medical attendant;
iv
the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or
v
such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority;
shall not fly in the specified circumstances on any flight for more than 20 minutes.
d
Without prejudice to the provisions of paragraph (3) of this article a group B helicopter equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which no passenger is carried other than a person who is:
i
a police officer;
ii
an employee of a police authority;
iii
a medical attendant;
iv
the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or
v
such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority;
shall not fly over water on any flight for more than 10 minutes so as to be more than 5 minutes from a point from which it can make an autorotative descent to land suitable for an emergency landing.
e
Without prejudice to the provisions of paragraph (3) of this article a group B helicopter shall not fly for the purpose of public transport over that part of the bed of the River Thames which lies between the following points:
Hammersmith Bridge (51° 29' 16" N) (00° 13' 45" W)
Greenwich Reach (51° 29' 03" N) (00° 00' 37" W)
between the ordinary high water marks on each of its banks unless it is equipped with the required apparatus.
f
For the purpose of this paragraph of this article flying time shall be calculated on the assumption that a helicopter is flying in still air at the speed specified in the certificate of airworthiness in force in respect of the helicopter as the speed for compliance with regulations governing flights over water.
.
9
For article 30(6) there shall be substituted:
6
a
Without prejudice to the provisions of paragraph (3) of this article, a helicopter in respect of which there is in force under this Order a certificate of airworthiness designating the helicopter as being of performance group A2 (in this paragraph of this article called “a group A2 helicopter”), which is flying under and in accordance with the terms of an air operator’s certificate but not under and in accordance with the terms of a police air operator’s certificate, shall not fly over water for the purpose of public transport for more than 15 minutes during any flight unless it is equipped with apparatus approved by the Authority enabling it to land safely on water (in this paragraph of this article called “the required apparatus”);
b
Without prejudice to the provisions of paragraph (3) of this article, a group A2 helicopter not equipped with the required apparatus which is flying under and in accordance with the terms of a police air operator’s certificate on which any passenger is carried who is not:
i
a police officer;
ii
an employee of a police authority;
iii
a medical attendant;
iv
the holder of a valid pilot’s licence who intends to act as a member of the flight crew of an aircraft flying under and in accordance with the terms of a police air operator’s certificate and who is being carried for the purpose of training or familiarisation; or
v
such other person being carried for purposes connected with police operations as may be permitted in writing by the Authority;
shall not fly over any water on any flight for more than 15 minutes.
.
10
For article 31(1) there shall be substituted:
1
This article shall apply to public transport aircraft registered in the United Kingdom.
1A
a
The operator of every aircraft to which this article applies shall establish and include in the operations manual or the police operations manual relating to the aircraft the particulars (in this sub-paragraph of this article called “the said particulars”) of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that in relation to any flight wherein:
i
neither an operations manual nor a police operations manual is required pursuant to article 26(2)(a) or 26A respectively of this Order, or
ii
it is not practicable to include the said particulars in the operations manual or the police operations manual,
the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the said particulars calculated in accordance with the required data and instructions (as defined in sub-paragraph (b)(i) below) and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
b
i
The operator of every aircraft to which this article applies for which an operations manual or a police operations manual is required pursuant to article 26(2)(a) or 26A respectively of this Order, shall include in that manual such data and instructions (in this article called “the required data and instructions”) as will enable the commander of the aircraft to calculate the aerodrome operating minima appropriate to aerodromes the use of which cannot reasonably have been foreseen by the operator prior to the commencement of the flight.
ii
The operator of every such aircraft to which this article applies for which neither an operations manual nor a police operations manual is required pursuant to article 26(2)(a) or 26A respectively of this Order shall, prior to the commencement of the flight, cause to be furnished in writing to the commander of the aircraft the required data and instructions; and the operator shall cause a copy of the required data and instructions to be retained outside the aircraft for a minimum period of three months.
.
11
After article 34 there shall be added:
Provided that this article shall not apply to any member of the crew of such an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
.
12
After article 36 there shall be added:
Provided that this article shall not apply to the commander of such an aircraft in relation to a flight under and in accordance with the terms of a police air operator’s certificate.
.
13
At the end of article 37(1) there shall be inserted:
other than flights under and in accordance with the terms of a police air operator’s certificate.
.
14
In article 43(2) after “Except under and in accordance with the terms of” there shall be inserted “either a police air operator’s certificate or”.
15
In article 44(1) after “except under and in accordance with the terms of” there shall be inserted “either a police air operator’s certificate or”.
16
In article 44(3) after “Notwithstanding the grant of” there shall be inserted “a police air operator’s certificate or”.
17
For article 44(4) there shall be substituted:
4
An aircraft shall not be used for the purpose of dropping persons unless:
a
the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose and the aircraft is operated in accordance with a written permission granted by the Authority under this article; or
b
the aircraft is operated under and in accordance with the terms of a police air operator’s certificate.
.
18
After article 46(1) there shall be added:
Provided that in the case of an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate the commander of the aircraft shall be informed of the matters referred to in sub-paragraph (1)(e) of this article but need not be so informed in writing.
.
19
After article 46(2) there shall be added:
Provided that this paragraph of this article shall not apply to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.
.
20
After article 46(3) there shall be added:
Provided that this paragraph of this article shall not apply to or in relation to an aircraft which is flying under and in accordance with the terms of a police air operator’s certificate.
.
21
After article 76(2) there shall be added:
Provided that nothing in paragraph (1) of this article shall apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
.
22
After article 76(3) there shall be added:
Provided that nothing in this paragraph shall apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
.
23
In article 106(1) after the definition of “Maximum total weight authorised” there shall be inserted:
“Medical attendant” means a person carried on a flight for the purpose of attending to any person in the aircraft in need of medical attention, or to be available to attend to such a person;
.
24
In Schedule 4 paragraph 4 sub-paragraph (13)(b)(v)(ee) in the column headed “Circumstances of Flight” for “on a flight in support of or in connection with the offshore exploitation, or exploration of mineral resources (including gas) when the weather report” there shall be substituted “on a flight which is either in support of or in connection with the offshore exploitation, or exploration of mineral resources (including gas) or is on a flight under and in accordance with the terms of a police air operator’s certificate, when in either case the weather reports”.
25
After Schedule 4 paragraph 5 Scale EE there shall be added:
Provided that a helicopter flying under and in accordance with the terms of a police air operator’s certificate may instead be equipped with a radio altimeter with an audio warning and a visual warning each capable of operating at a height selectable by the pilot.
.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1993 and shall come into force on 1st September 1993.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“European student” means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the relevant territory throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of regulation 7;
“fees only award” means an award bestowed only in respect of fees described in Schedule 1;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“highest-cost country” means Denmark, Finland, Norway, Sweden, Switzerland and Taiwan;
“higher-cost country” means Austria, Belgium, Hong Kong, Iceland, France, Japan, the Federal Republic of Germany, and the Republic of Korea;
“high-cost country” means Australia, Canada, Indonesia, the Republic of Ireland, Israel, Italy, Luxembourg, the Netherlands, countries of the former Soviet Union, Spain and the United States of America;
“independent student” has the meaning assigned to it by regulation 3;
“institution” means a university, institution of higher education or institution of further education in the United Kingdom;
“maintenance grant” has the meaning assigned to it by regulation 17;
“overseas institution” means an educational institution in a country outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“relevant territory” means the territory comprising the European Community and, as respects any period prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which —
a
the student was in receipt of training in pursuance of the Training Opportunities Programme, the Youth Opportunities Programme, the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils or the Local Enterprise Companies ; or
b
the student was in receipt of unemployment benefit under section (14)(1)(a) of the Social Security Act 1975 or section 25(1) of the Social Security Contributions and Benefits Act 1992 ; or
c
the student was available for employment and, if under the age of 18 years, registered for employment; or
d
the student held a State Studentship or comparable award; or
e
the student received sickness benefit, maternity allowance or severe disablement allowance under section 14(1)(b), 22(1) or 36(1) of the Social Security Act 1975 or under section 31(1), 35(1) or 68(1) of the Social Security Contributions and Benefits Act 1992 or invalidity pension under section 15(1)(b) of the Social Security Act 1975 , under section 15(2) or 16(2) of the Social Security Pensions Act 1975 or under section 33(1)(b), 40(3) or 41(2) of the Social Security Contributions and Benefits Act 1992 or statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or under Part XI of the Social Security Contributions and Benefits Act 1992 or statutory maternity pay under Part V of the Social Security Act 1986 or under Part XII of the Social Security Contributions and Benefits Act 1992 ; or
f
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
In this regulation —
a
any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 , section 20 of the Social Security Act 1986 or section 124 of the Social Security Contributions and Benefits Act 1992 ; and
b
“parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, or a course comparable to a first degree course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
a
In the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989;
b
in the case of a student who begins his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority in respect of the student by virtue of regulation 24(2).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated, for the purposes of regulation 13 as ordinarily resident in England and Wales, in the British Islands or in the relevant territory, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse or his parent, guardian or any other person having actual custody of him during his minority, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the relevant territory and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
Except where the context otherwise requires, in these Regulations any reference to a regulation or a Schedule is a reference to a regulation contained herein or a Schedule hereto; and a reference in a regulation or a Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Education (Mandatory Awards) Regulations 1992 are hereby revoked.
2
Subject to paragraph (7) and without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 199 3 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 199 3 shall be the aggregate of —
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 199 2 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 199 3 under these Regulations had the academic year of his course begun in the autumn of 199 3 .
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 199 3 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of —
a
three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 199 2 had they not been revoked, and
b
one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 199 3 under these Regulations had the academic year of the course begun in the autumn of 199 3 .
5
Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
6
An award bestowed under previous Awards Regulations upon a person mentioned in regulation 9(2)(b) or (c) of the Education (Mandatory Awards) Regulations 1987 but not mentioned in regulation 9 of these Regulations shall, in so far as it could otherwise have been bestowed in pursuance of these Regulations, for the purposes thereof, be treated as having been so bestowed.
PART II
AWARDS
Duty to bestow an award
7
— In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow —
1
a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 199 3 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations;
2
where paragraph (1) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 199 3 if the person is a European student and the institution at which he attends his course is within the area of the authority.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962 in the case of a person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of twelve months ending with the date of the beginning of the course.
2
Any such person as is described in paragraph (1) shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, April or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
Subject to paragraph (2), a person —
a
who is entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community ,
b
who is treated as ordinarily resident in the British Islands pursuant to regulation 5(4), or
c
who is mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13, but
d
who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority,
shall be treated for the purposes of that section as ordinary resident in the area of the authority in which the institution providing his course is situated.
2
A person on whom an award was bestowed before 1st September 1991 shall be treated as belonging to the area of the authority by whom the award was bestowed so long as he attends the course in question.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by an institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by an institution in conjunction with an overseas institution for a first degree;
b
a Dip HE course, that is to say —
i
a course provided by an institution for the Diploma of Higher Education; or
ii
a course provided by an institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
a course provided by an institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council;
d
a course of initial training for teachers, that is to say —
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an institution;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say —
i
a course of at least 3 academic years' duration provided by a university for a certificate, diploma or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation references to an institution do not include references to an institution which is neither maintained nor assisted by recurrent grants out of public funds.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that —
a
an application in writing reaches the authority not later than four months after the date of the beginning of the course ; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned —
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, not later than four months after the date of the beginning of the course , it has not become a designated course and the application reaches the authority not later than four months after the date on which it becomes a designated course;
c
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority not later than four months after the date on which the refugee was recognised as a refugee; or
d
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
Subject to paragraphs (4), (5), (8) and (9) an authority shall not be under a duty to bestow an award on any person where he has previously attended —
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which (ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in paragraphs (a) to (g) of paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience) exceeds two academic years (a part-time course being treated as its full-time equivalent).
3
Subject to paragraph (8) an authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(1)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person —
a
in respect of his attendance at a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which —
i
was for the degree of Bachelor of Education or a comparable academic award of either an institution or the Council for National Academic Awards, and
ii
was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959 or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988 ;
b
in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales;
c
in respect of his attendance at a course which —
i
does not exceed two years' duration;
ii
is for the degree of Bachelor of Education or a comparable academic award of either an institution or the Council for National Academic Awards, and
iii
is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988,
unless he has previously attended–
i
a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or
ii
a course (of any length) such as is described in sub-paragraph (a)(i) and (ii).
6
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
7
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for a period longer than twenty weeks ; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
8
Where, before the coming into force of these Regulations, a student has commenced a course (“the new course”) designated by or under regulation 10(1)(a)(ii), (b) or (c) and has had bestowed upon him under previous Awards Regulations an award, having previously attended one or more courses of higher education the aggregate duration of which did not exceed two academic years then, notwithstanding any other provision of these Regulations, payments shall be made in accordance with these Regulations in respect of his attendance on the new course.
9
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who —
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23(3) in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of the courses referred to therein; and
b
has not attended any other course of higher education:
Provided that the requirements of regulation 14(1)(a) and (b), (2) and (3) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a course.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course —
a
upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(1)(a), who has not been so resident in the relevant territory or, in the case of a European student, who has been so resident in the British Islands ; or
b
upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(1)(a), in the relevant territory, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3).
3
That person is a person who is a British citizen within the meaning of the British Nationality Act 1981 —
a
who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the relevant territory during every part of that period in which he was not ordinarily resident in the British Islands; or
b
i
who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and
ii
whose parent is ordinarily resident in England and Wales on the relevant day.
4
In paragraph (3), “parent” includes a guardian or any other person having actual custody of a minor; and “relevant day” means the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where —
a
subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the institution;
b
subject to paragraph (2), with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another institution;
c
subject to paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
subject to paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education, or
e
after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution .
2
An award shall not be transferred in pursuance of paragraph (1)(a) or (b) unless either —
a
the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
b
the authority is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in sub-paragraph (a) is due only to the need to apply through a clearing admissions system; or
c
the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring —
i
in each case, periods of experience which are part of a sandwich course, and
ii
in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 25(1).
3
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (d) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
4
An award shall not be transferred in pursuance of paragraph (1)(c) or (d) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds —
a
five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
b
four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
5
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
a
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
b
if the student does not complete the course within the period ordinarily required, the authority —
i
may extend the award until the student has completed the course, and
ii
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either —
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
Subject to regulations 16, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of the award —
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1;
b
in respect of maintenance —
i
except in a case in which regulation 20, 21 or 22 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount —
a
the requirements of the student shall be taken to be the aggregate of such of the amounts specified in Schedule 2 as are applicable in his case; and
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no such payments shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
The payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraph (3) or (4):
Provided that —
a
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
b
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £905.
4
In the case of any other student, the appropriate sum shall be £1,235 except that, where he is attending a course —
a
at the University of London, or
b
at an institution within the area comprising the City of London and the Metropolitan Police District,
it shall be £1,550 and where he is attending a course in a country outside the United Kingdom it shall be —
£1,890 if that country is a highest-cost country;
£1,670 if that country is a higher-cost country;
£1,455 if that country is a high-cost country; and
£1,235 in any other case.
Courses of teacher training
22
1
This regulation shall apply —
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time course designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be —
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £325;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £90.
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
Assisted students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of —
a
such fees payable in respect of him —
i
as are described in Schedule 1, and
ii
if they are payable to an institution which is maintained or assisted by recurrent grants out of public funds, which do not exceed the maxima referred to therein ; and
b
his requirements for maintenance ascertained in accordance with —
i
Part I of Schedule 2,
ii
paragraphs 5 and 6 of Part II of that Schedule, and
iii
Parts III and IV of that Schedule,
irrespective of whether any maintenance grant would be payable in his case by virtue of any other provision in these Regulations.
2
The payments referred to in paragraph (1) are the aggregate payments received by the person —
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962), or by way of a loan under the Education (Student Loans) Act 1990 , or out of access funds held by the institution at which he attends his course; and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course;
except that, if the person’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded.
3
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, or in pursuance of arrangements made by an authority for the training of teachers known as the “Articled Teachers' Scheme” in respect of the Postgraduate Certificate in Education, or in pursuance of any bursary bestowed on him under the Bursary Scheme for “Part 2” Architecture course students, or in pursuance of the High Technology National Training Scheme, or in pursuance of the Training for Work Scheme .
Method of payment
24
1
Subject to paragraph (2), the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Subject to paragraphs (3) and (4) , the authority shall pay such fees as are described in Schedule 1 promptly when a valid request for payment in respect thereof has been received provided that no payment shall be due when the student has ceased to attend his course (whether or not the authority has been so notified) but has not completed it.
3
Subject to paragraph (4), payment shall be made —
a
in the case of the fees described in paragraphs (a) (excepting sub-paragraphs (i) and (iii)) or (b) of Schedule 1, in three instalments, and
b
in the case of the fees described in paragraph (a)(i) of Schedule 1, in four instalments .
4
The instalments referred to in paragraph (3) shall be paid —
a
after the first dates after 1st January, 1st April, 1st July or 1st September on which the student is required to attend his course, and
b
in the case of the instalments referred to in paragraph (3)(a), and when the academic year of the course begins in the autumn , on or before 10th December in the case of the first instalment, on or before 15th February in the case of the second instalment and on or before 30th April in the case of the third instalment or within one month of the receipt by the authority of a valid request for payment, whichever is the later.
5
All payments shall be made to the student, except —
a
payment of the fees described in Schedule 1 may be made to the academic authority, and
b
where a student’s maintenance requirements include any of the requirements referred to in paragraph 10 of Schedule 2, on his written instruction payment in respect of his maintenance grant may be made to a third party .
6
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Discretionary payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(a) or (b) but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of higher education being —
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or
ii
a course of two academic years' duration, in the case of one not so designated,
(ignoring any periods of unpaid service or research or of practice, undertaken as part of the course of the kind mentioned in paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience) or has previously successfully completed a part-time course corresponding to such a course as is mentioned above “the previous course”); and
b
holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course ordinarily of more than one year’s duration (“the current course”).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education and a subject thereof is —
a
physics, chemistry or mathematics (or a combination of those subjects); or
b
craft, design and technology; or
c
business studies; or
d
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is ordinarily of not more than two years' duration, in respect of the final year of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
b
where that course is ordinarily of a greater number of years' duration, in respect of that number less two of the final years of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17(a) or (b) as aforesaid.
5
In this regulation any reference —
a
to the ordinary duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course (ignoring any periods of unpaid service or research or of practice undertaken as part of the course of the kind mentioned in paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience);
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(7).
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21, or 22.
2
In respect of any period —
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
In respect of any other period being —
a
a period during which a student is absent from his course (other than a period of not more than 28 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregrate of —
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of the balance of any payments in respect of maintenance payable in pursuance of regulation 17(b).


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 1993/94) Regulations 1993 and shall come into force on 1st April 1993.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1993 for the purposes of section 49 of the Local Government and Housing Act 1989 shall be 9.9 per cent.
Michael Howard
Secretary of State for the Environment
19th February 1993
David Hunt
Secretary of State for Wales
22nd February 1993


text:
1
This Order may be cited as the Water Byelaws (Milngavie Waterworks, Loch Katrine, Loch Arklet, Glen Finglas) Extension Order 1993 and shall come into force on 25th May 1993.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Milngavie Waterworks) Byelaws 1982 and the Strathclyde Regional Council, Prevention of Water Pollution (Loch Katrine, Loch Arklet, Glen Finglas) Byelaws 1985 are to remain in force( ) is hereby extended to 25th May 1994.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department 27 Perth Street,
Edinburgh
23rd April 1993


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1993 and shall come into force on 9th July 1993.
2
These Regulations apply in relation to schools in England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1988 Act ” means the Education Reform Act 1988;
“assessment” means assessment pursuant to orders made under section 4 of the 1988 Act and “level” shall be construed in accordance with the provisions of such orders;
“attainment targets” have the meaning given by section 2 of the 1988 Act;
“authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained school, a non-maintained special school or an independent school, means the authority in whose area the school is situated;
“ CTC ” means city technology college and city college for the technology of the arts;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“maintained school” means —
any county or voluntary school;
any maintained special school which is not established in a hospital;
any grant-maintained school
but excludes nursery schools;
“prescribed public examination” means a public examination which is for the time being prescribed by regulations made under section 106 of the 1988 Act ;
“previous school year” means a school year preceding the reporting school year;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State under these Regulations is to be published by him;
“special class” means a class so designated by the authority (in the case of a school maintained by the authority), governing body (in the case of a grant-maintained school) or proprietor (in the case of a non-maintained special school or an independent school), in which all or the majority of pupils have special educational needs;
“summer term” means the term in which assessment takes place;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Pupils' Registration Regulations 1956 ;
“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 117 of the 1988 Act;
c
references to key stages are references to the periods set out in section 3(3) of the 1988 Act.
3
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
4
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
5
Information relating to unauthorised absences for any term which begins before 28th May and finishes after that date shall not include any information relating to any date after 28th May.
6
In calculating the number of ‘A’ levels a pupil is entered for, one ‘AS’ shall be treated as the equivalent of half an ‘A’ level.
7
For the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations the following grades of achievement equate to the following points, namely:
GCE ‘A’ level: grade A = 10 points; grade B = 8 points; grade C = 6 points;grade D = 4 points; and grade E = 2 points.
GCE ‘AS’: grade A = 5 points; grade B = 4 points; grade C = 3 points; grade D = 2 points; and grade E = 1 point.
8
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.
Qualification of duties
3
The duties imposed on governors and local education authorities by virtue of these Regulations in respect of provision or publication of information apply only to the extent that that information is available to the governors or the authority before the latest occasion on which the information is required to be provided or published, as the case may be.
Revocation
4
The Education (School Performance Information) (England) Regulations 1992 are revoked.
PART II
PROVISION OF INFORMATION BY HEAD TEACHER
Provision of information by head teacher to governing body
5
The head teacher of every maintained school shall each year make available to the governors information about the matters mentioned in the Schedules, for the purpose of enabling the governors to comply with their obligations under these Regulations.
PART III
PROVISION OF INFORMATION TO THE SECRETARY OF STATE
Provision of assessment results to the Secretary of State
6
1
The governing body of every school maintained by an authority which, in the summer term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall, by the end of that term, submit to the authority the information relating to assessment referred to in Part I of Schedule 1.
2
Every authority which, pursuant to paragraph (1), receives information from schools which it maintains shall, on or before 31st July, submit to the Secretary of State that information for each such school.
3
The governing body of every grant-maintained school which, in the summer term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage, shall, on or before 31st July, submit to the Secretary of State the information relating to assessment referred to in Part I of Schedule 1.
4
The governing body of every maintained school and the proprietor of every CTC which, in the summer term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, shall, by 15th September, submit to the Secretary of State the information derived from the statutory assessments referred to in Part II of Schedule 1.
Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State
7
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, make available to him such particulars relating to public examinations and courses leading to vocational qualifications or units for which registered pupils at the school were entered during the reporting school year, and such other information as are referred to —
a
in the case of a school providing information in respect of pupils aged 15, inPart I of Schedule 2;
b
in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 2.
Provision of information about unauthorised absence to the Secretary of State
8
1
Subject to paragraph (3), the governing body of a school maintained by an authority shall make available to that authority information for the reporting school year about the matters mentioned in Schedule 3, for the purpose of enabling the authority to comply with its obligations under paragraph (2).
2
Subject to paragraph (3), every authority, in respect of each school which it maintains, the governing body of every grant-maintained school and the proprietor of every independent school and non-maintained special school shall, within two weeks of receiving a written request from the Secretary of State, provide him with information for the reporting school year about the matters mentioned in Schedule 3.
3
This regulation does not apply in respect of schools providing education for boarding pupils only.
PART IV
PUBLICATION OF INFORMATION
Publication of local and national performance information about secondary schools by governing bodies
9
1
The governing body of every maintained secondary school and every maintained middle school with pupils in the third key stage shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
The information referred to in paragraph (1) is information about the results in public examinations and courses leading to vocational qualifications or units achieved by pupils at secondary schools, and the results of assessments at the end of the third key stage and the rates of unauthorised absence of pupils at secondary or middle schools, in the area of the relevant authority and in England in the reporting school year, and the other information relating to those schools contained in a document provided to the governing body by the Secretary of State.
3
The information shall be provided by copies of the document referred to in paragraph (2) being made available at the school for reference by parents and other persons.
4
The governing body of every maintained primary school providing education for pupils in the final year of the second key stage and every maintained school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 shall provide the information referred to in paragraph (2) by distributing the document without charge to parents of pupils who are in their final year at the school before transfer to a school with an older age range and by making copies of the document available at the school for reference by parents and other persons.
Publication of local and national performance information about primary schools by governing bodies and by local education authorities
10
1
The governing body of every maintained primary school and maintained middle school (except maintained middle schools with pupils in the third key stage) shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
The information referred to in paragraph (1) is information about the results of assessment of pupils in the first key stage and the rates of unauthorised absence of pupils from primary schools in the area of the relevant authority and in England in the reporting school year, and the other information relating to those schools contained in a document provided to the governing body by the Secretary of State.
3
The information shall be provided by copies of the document referred to in paragraph (2) being made available at the school for reference by parents and other persons.
4
The relevant authority shall publish the information referred to in paragraph (2) by making copies of the document referred to in that paragraph available, until the publication of the next such document, for distribution without charge to parents and others at public libraries in its area.
Publication of local and national performance information relating to pupils aged 16, 17 and 18 by governing bodies
11
1
The governing body of every maintained school with pupils in the final year of the fourth key stage shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
The information referred to in paragraph (1) is information about the results in public examinations, courses of study for vocational qualifications and in the International Baccalaureate Diploma undertaken by pupils aged 16, 17 and 18 in schools and institutions within the further education sector in the area of the relevant authority and in England in the reporting school year, and the other information relating to those schools and institutions contained in a document provided to the governing body by the Secretary of State.
3
The information shall be provided —
a
by copies of the document referred to in paragraph (2) being made available at the school for reference by parents and other persons;
b
by the governing bodies of maintained secondary schools with pupils in the final year of the fourth key stage distributing copies of the document without charge to the parents of those pupils.


text:
1
This Order may be cited as the Value Added Tax (Increase of Consideration for Fuel) (No. 2) Order 1993 and shall come into force in relation to a taxable person from the beginning of the first of his prescribed accounting periods which begins after 5th April 1994.
2
For Table A in paragraph 2 of Schedule 6 to the Finance Act 1986 there shall be substituted the following:
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 3-month period 1-month period £ £
Diesel engine 2000 or less 145 48 More than 2000 187 62 Any other type of engine 1400 or less 160 53 More than 1400 but not more than 2000 202 67 More than 2000 300 100
3
Article 2 of the Value Added Tax (Increase of Consideration for Fuel) Order 1993 is hereby revoked.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Churchill John Radcliffe 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 Churchill John Radcliffe 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 Churchill John Radcliffe 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 John Radcliffe Hospital, Headley Way, Headington, Oxford, OX3 9DU, Churchill Hospital, Old Road, Headington, Oxford, OX3 7LZ and associated hospitals (including the management of 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 Oxford University.
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 Oxfordshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Oxfordshire 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 Oxfordshire 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
22nd October 1993


text:
Citation and commencement
1
This Order may be cited as the City of Glasgow and Monklands Districts (Bargeddie) Boundaries Amendment Order 1993, and shall come into force on 1st April 1993.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regula tions 1977 ;
“boundary map” means the map prepared by The Scottish Office marked “The City of Glasgow and Monklands Districts (Bargeddie) Boundaries Amendment Order 1993” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a district boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
That part of City of Glasgow District in Strathclyde Region, being the Area A described in Part I of the Schedule to this Order and shown delineated, hatched and marked area “A” on the boundary map, shall be transferred to Monklands District in Strathclyde Region.
2
That part of Monklands District in Strathclyde Region, being the Area B described in Part II of the Schedule to this Order and shown delineated, hatched and marked area “B” on the boundary map, shall be transferred to City of Glasgow District in Strathclyde Region.
Consequential Changes in Electoral Arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 53 (Coatbridge South) of Strathclyde Region and ward 5 (Bargeddie and Langloan) of Monklands District ; and
b
shall form part of electoral division 26 (Mount Vernon/Baillieston) of Strathclyde Region and ward 36 (Baillieston) of City of Glasgow District .
2
Area B described in Part II of the Schedule to this Order (being the Area B transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 26 (Mount Vernon/Baillieston) of Strathclyde Region and ward 36 (Baillieston) of City of Glasgow District; and
b
shall form part of electoral division 53 (Coatbridge South) of Strathclyde Region and ward 5 (Bargeddie and Langloan) of Monklands District.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
8th March 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 and shall come into force on 13th February 1993.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“enclosed unimproved permanent grassland” means enclosed permanent grassland which has not undergone regular land cultivation, or which has not been regularly treated with fertilisers, lime, slag or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land of which the vegetation consists primarily of grass species;
“grazing unit” means an area of land on which stock management and numbers can be controlled by existing boundaries or by shepherding;
“heather moorland or coastal heath” means moorland or coastal heath comprised in a grazing unit where the area of heather is greater than 10 hectares or represents more than 25 per cent of the area of the unit;
“heather” means common heather (Calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species including western gorse (Ulex gallii);
“improved permanent grassland” means permanent grassland used for pasture or for the production of hay or silage which is regularly treated with fertilisers;
“livestock unit” means —
1 bovine animal more than 2 years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep, or
1 soliped (other than a pure bred Exmoor pony) more than six months old;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer obtains approval for a grant either in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981 ;
“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land on Exmoor in the Counties of Devon and Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Exmoor environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in Article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates (except any woodland) at the following rates —
a
£10 per annum for each hectare of land other than improved permanent grassland, enclosed unimproved permanent grassland, moorland or heather moorland or coastal heath;
b
£25 per annum for each hectare of improved permanent grassland;
c
£32 per annum for each hectare of enclosed unimproved permanent grassland;
d
£25 per annum for each hectare of moorland; and
e
£35 per annum for each hectare of heather moorland or coastal heath.
2
Where an agreement includes the additional provisions specified in any of the options in Schedule 2 or in Schedule 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
£ per hectare of land per annum
Schedule 2 50 Schedule 3 25
3
Where an agreement includes the additional provisions specified in Schedule 4, the Minister shall make payments at the rate per annum of £2 for each 10 metres of hedgerow per hectare, subject to a minimum of 20 metres and a maximum of 60 metres of hedgerow per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1, less any moorland, heather moorland or coastal heath.
4
Where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £100 per hectare, subject to a maximum of £4,000 per agreement.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993.
We consent,
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1993 and shall come into force on 24th July 1993.
2
The Export of Goods (Control) Order 1992 shall be further amended as follows: —
in Group 3 of Part III of Schedule 1:
at the end of entry 1C351 there shall be inserted —
except:
Isolated live cultures of a. to d. above in the form of vaccines
;
at the end of entry 1C352 there shall be inserted —
except:
Isolated live cultures of a. or b. above in the form of vaccines
;
entry 1C990 shall be deleted;
after entry 1C991 there shall be inserted the following entry —
1C992 Isolated live cultures in the form of vaccines as follows:
Bacillus anthracis
Botulinum toxin.
;
in entry 7A101 there shall be added at the end “, and specially designed components therefor”;
in entry 7A102 there shall be added at the end “, and specially designed components therefor”;
in entry 9A105 for “1.1 MNs” there shall be substituted “0.841 MNs”;
after entry 9A106 there shall be inserted the following entry —
9A107 Solid propellant rocket engines, usable in missiles , other than those specified in entry 9A007, having a total impulse capacity of 0.841 MNs or greater
;
in entry 9A119 after “9A105” there shall be inserted “, 9A107”;
in entry 9B115 for “, 9A105, 9A106, 9A108, 9A109,” there shall be substituted “, 9A 105 to 9A109,”;
in entry 9B116 for “, 9A104 to 9A106, 9A108, 9A109” there shall be substituted “, 9A104 to 9A109”;
in entry 9E101 for “, 9A104 to 9A106, 9A108 to 9A111” there shall be substituted “, 9A104 to 9A111”;
in entry 9E102:
for “, 9A104 to 9A106, 9A108 to 9A111,” there shall be substituted “, 9A104 to 9A111,”;
for “, 9B115, 9B116, 9B117,” there shall be substituted “, 9B115 to 9B117,”.
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
2nd July 1993