text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1992 and shall come into force on 3rd April 1992.
2
These Regulations apply only to fees payable —
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Act relating wholly or partly to medicinal products for animal use;
b
in respect of inspections made in connection with applications for the grant, renewal or variation of, or during the currency of, any such licence or certificate; or
c
in respect of any reference to the Veterinary Products Committee or to the Medicines Commission in connection with an application for the grant of a product licence under Part II of the Act relating wholly or partly to medicinal products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the Act” means the Medicines Act 1968 ;
“annual fee” in relation to any product licence means the appropriate amount calculated in accordance with the provisions of Part II of Schedule 4;
“biological medicinal product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“capital fee” means any fee (other than an annual fee) payable under the provisions of these Regulations;
“emergency vaccines” means vaccines manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated in circumstances in which no other suitable licensed vaccines are readily available for such use;
“licence year” means the period beginning with the first day of April and ending with the last day of March of the year next ensuing;
“medicinal product” includes any substance or article specified in any Order made under (i) section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or (ii) section 130(3A) of the Act which provides that such substance or article shall be treated as a medicinal product.
2
In these Regulations, unless the context otherwise requires, any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations, or as the case may be, to a Schedule thereto, and any reference in a regulation or a Schedule to a paragraph shall be construed as a reference to a paragraph of the regulation or, as the case may be, Schedule.
PART II
CAPITAL FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Applications for licences and certificates
3
Subject to regulations 18 and 20, in connection with an application for a product licence, a manufacturer’s licence, a wholesale dealer’s licence, an animal test certificate, an animal test (confirmation of exemption) certificate or any other certificate of exemption issued under the Act, there shall be payable by the applicant —
a
the fee prescribed in Part II of Schedule 1 in connection with that application;
b
in respect of any inspection specified in Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
PART III
FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Variations of licences and certificates
4
Subject to regulations 5, 6, 18 and 20, in connection with an application under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, under section 39(4) in respect of an animal test certificate or an animal test (confirmation of exemption) certificate, there shall be payable by the applicant —
a
the fee prescribed in Part III of Schedule 1; and
b
in respect of any inspection specified in Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
Applications for multiple variations
5
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.
Variations at the invitation of the licensing authority
6
Where an application for a variation is made at the express written invitation of the licensing authority, no fee shall be payable under this Part of these Regulations.
PART IV
FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Renewal of licences and certificates
7
Subject to regulations 8, 18 and 20, in connection with an application under section 24(2) of the Act for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, and under section 38(2) for an animal test certificate or an animal test (confirmation of exemption) certificate, there shall be payable by the applicant —
a
the appropriate fee prescribed in Part IV of Schedule 1; and
b
in respect of any inspection specified in Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
Renewals in terms which are not identical to the existing licence or certificate
8
Where an applicant applies for renewal of a licence, or as the case may be, an animal test certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payble under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.
PART V
FEES FOR INSPECTIONS OF A SITE MADE DURING THE CURRENCY OF A LICENCE
Inspections of a site
9
1
Subject to paragraph (4) and to regulations 18 and 20, a fee in accordance with paragraphs 2 to 6 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
The fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of the manufacturer’s licence or, as the case may be, the wholesale dealer’s licence.
3
Where a fee is payable under paragraph (1) in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the licensing authority as the result of that previous inspection, have been implemented.
PART VI
ANNUAL FEES
Product licences — annual fee
10
1
Subject to paragraph (3) and regulation 20, in connection with any application for the grant or renewal of any product licence, there shall be payable by the applicant an annual fee in respect of each calendar year —
a
throughout which the product licence (having been granted or renewed) is in force; or
b
during any part of which the product licence (already held by the applicant) is or was in force
and (in either case) the applicant has sold, supplied or manufactured any medicinal product to which the licence relates.
2
The annual fee shall be calculated in accordance with Schedule 4.
3
The annual fee may be adjusted or refunded in any of the circumstances set out in Schedule 5.
PART VII
REFERENCES TO VETERINARY PRODUCTS COMMITTEE OR TO THE MEDICINES COMMISSION
Product licences and animal test certificates — references
11
Subject to regulation 18, in respect of any reference to the Veterinary Products Committee or to the Medicines Commission under section 21 of the Act in connection with a product licence or an animal test certificate, there shall be payable by the applicant at the time of the application the appropriate fee prescribed in Schedule 6.
PART VIII
ADMINISTRATION
Payment of fees to Ministers
12
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Agriculture Ministers specified in section 1(1)(b) of the Act as appropriate.
Time for payment of capital fees in connection with applications or inspections and refunds of such fees
13
1
Subject to paragraphs (2) and (3), all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the licence or certificate concerned within 28 days of a request for a refund; or
b
a higher fee was properly payable, the balance due shall be payable within 28 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All sums payable by way of fees in respect of inspections made either in connection with an application or during the currency of a licence or certificate or in respect of samples submitted for testing shall become payble within 28 days following written notice from the licensing authority.
Time for payment of annual fees
14
All annual fees shall be payable during September of the licence year following the calendar year to which they relate.
Late payment of annual fees
15
1
Where an annual fee has not been paid by the holder or former holder of the licence by the end of the period of three months from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 5 per cent of the annual fee payable, in respect of every full calendar month during which the annual fee is not paid, rounded up to the nearest £10. Where the annual fee payable is less than £10, no such further fee shall be payable.
3
Where the holder or former holder of a licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 4 so that the annual fee payable in respect of a licence year cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if, in paragraph (2) above, the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation —
a
“due date” means the date upon which an annual fee becomes payable following written notice from the licensing authority;
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of licences
16
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
17
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
Waiver, reduction or refund of fees
18
The licensing authority may waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 3.
PART IX
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and savings
19
1
Subject to paragraph (2), the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1991 are hereby revoked.
2
Paragraph (1) shall not affect —
a
any annual fee or part of such a fee under the Regulations hereby revoked;
b
any notice given or any suspension made under the Regulations hereby revoked and any such notice or suspension shall have effect as if given or made under these Regulations; and
c
any proceedings instituted under the Regulations hereby revoked for the recovery of any fees due as debts due to the Crown.
Transitional provisions
20
1
Subject to paragraphs (2) and (3), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application is made before the date these Regulations come into force to renew a licence or certificate which is due to expire on or after 1st July 1992 a fee shall be payable in accordance with Part IV of these Regulations in connection with that application within 28 days following written notice from the licensing authority.
Virginia Bottomley
Minister of State for Health
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
10th March 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th March 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 11th March 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 12th March 1992.
W. J. Hodges
Permanent Secretary
We consent,
Gregory Knight
Thomas Sackville
Two of the Lords Commisssioners of Her Majesty’s Treasury
10th March 1992


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Savings Contract (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Savings Contracts Regulations 1969 shall be amended; —
1
in regulation 2(1), by inserting the following definition —
“the adjudicator” means a person appointed under section 84 of the Friendly Societies Act 1992
,
and by omitting the definition of “Chief Registrar of friendly societies”;
2
in regulation 18(1) to (3), by subsituting for the words “Chief Regsitrar of friendly societies” and “Chief Registrar” in all the places that they appear the word “adjudicator”;
3
by subsituting for regulation 18(4) the following new paragraphs —
4
Section 11 of the National Savings Bank Act 1971 (which empowers the Treasury to direct that fees shall be charged on certain awards made by the adjudicator) shall have effect as if the awards therein mentioned included awards made under this regulation.
5
Where a dispute of the sort referred to in paragraph (1) above was referred before 1 January 1993 to the Chief Registrar of friendly societies or a deputy appointed by him or (by virtue of the application of these Regulations to Scotland) to the assistant registrar of friendly societies for Scotland, that dispute shall be treated as if it had been referred to the adjudicator and any thing done in relation to such a dispute by the Chief Registrar, any deputy appointed by him or the assistant registrar shall be treated as a thing done by the adjudicator.
;
4
by omitting regulation 27(g).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the St Mary’s Music School (Aided Places) Amendment Regulations 1992 and shall come into force on 1st August 1992.
2
In these Regulations, “the principal Regulations ” means the St Mary’s Music School (Aided Places) Regulations 1989( ).
3
Except where the context otherwise requires, a schedule, paragraph or sub-paragraph referred to by number in these Regulations means a schedule, paragraph or sub-paragraph so numbered in the principal Regulations.
Amendment of Scheme for Aided Places set out in Schedule 1 to the principal Regulations
2
In paragraph 13 of Schedule 1 (remission of fees — boarding pupils) —
a
in sub-paragraph (2), for the sum of “ £7,736” there shall be substituted the sum of “£8,077”; and
b
in sub-paragraph (3), for the Table there shall be substituted the following Table: —
TABLE
(1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £7,928 but does not exceed 10,008 10% 7.5% That part (if any) which exceeds £10,008 but does not exceeds £14,063 20% 15% That part (if any) which exceeds £14,063 10% 7.5%.
3
In paragraph 14 of Schedule 1 (remission of fees day pupils) —
a
in sub-paragraph (2), for the sum of “ £9,726” there shall be substituted the sum of “£10,157”; and
b
in sub-paragraph (3), for the sum of “ £9,577” there shall be substituted the sum of “£10,008”.
4
In paragraph 18 of Schedule 1 (clothing grants) —
a
for sub-paragraph (3), there shall be substituted the following sub-paragraph: —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,500, and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£161, where the relevant income does not exceed £9,218;
b
£120, where that income exceeds £9,218 but does not exceed £9,646;
c
£79, where that income exceeds £9,646 but does not exceed £10,061;
d
£40 where that income exceeds £10,061 but does not exceed £10,500:
Provided that any clothing grant which would fall to be paid in pursuance of this sub-paragraph in a pupil’s first aided year at the school may be paid during the two months immediately preceding that year.
; and
b
for sub-paragraph (4), there shall be substituted the following sub-paragraph: —
4
Except where sub-paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,061, and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£60, where the relevant income does not exceed £9,384;
b
£30, where that income exceeds £9,384 but does not exceed £10,061.
.
5
In sub-paragraph (1) of paragraph 24 of Schedule 1 (amount of school travel grants) —
a
in paragraph (a), for the sum of “ £9,000” there shall be substituted the sum of “£9,397”; and
b
in paragraph (b), for the sum of “ £8,821” there shall be substituted the sum of “£9,218”.
Amendment of Appendix to Scheme for Aided Places set out in Schedule 1 to the principal Regulations
6
In paragraph 3 of the Appendix to the Scheme for Aided Places at St Mary’s Music School set out in Schedule 1 (computation of income) —
a
after sub-paragraph (m), the word “or” shall be deleted; and
b
after sub-paragraph (n), there shall be inserted the word “or” and the following sub-paragraph: —
o
in pursuance of sections 32 and 33 of the Finance Act 1991( ) (relief for payments made in respect of qualifying courses of vocational training),
.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
30th June 1992


text:
1
This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 2) Order 1992.
2
Section 93(1) of the Further and Higher Education Act 1992, so far as it relates to paragraph 10 of Schedule 8 to that Act, shall come into force forthwith, but this article does not extend to Wales.
John Patten
Secretary of State for Education
7th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Ayrshire Hospitals National Health Service Trust (Establishment) Amendment Order 1992 and shall come into force on 25th March 1992.
2
In this Order “article 4” means article 4 of the South Ayrshire Hospitals National Health Service Trust (Establishment) Order 1991 .
Amendment of Article 4
2
For article 4 there shall be substituted the following article: —
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
12th March 1992


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 1992, and shall come into force on the 14th August 1992.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 1st September 1992.


text:
1
These Regulations may be cited as the Local Government Finance (Payments) (English Authorities) Regulations 1992 and shall come into force on 1 April 1993.
2
1
Paragraphs (2) to (4) apply in any case where–
a
the Secretary of State is liable to pay to an English receiving authority at any time an amount or amounts under one or more of the first relevant provisions, and
b
that authority is liable to pay to him at the same time an amount or amounts under one or more of the second relevant provisions.
2
If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the Secretary of State may set off the latter in paying the former.
3
If the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the receiving authority shall set off the latter in paying the former.
4
If the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of the former or the latter.
3
1
Where the Secretary of State exercises his powers under paragraph (2) of regulation 2, any liability of the receiving authority which has been set off in accordance with that paragraph, and the part of the liability of the Secretary of State against which that liability has been set off, shall be treated as discharged.
2
Where a receiving authority sets off any amount in accordance with paragraph (3) of regulation 2, any liability of the Secretary of State which is set off in accordance with that paragraph, and the part of the liability of the authority against which that liability has been set off, shall be treated as discharged.
3
Where in accordance with regulation 2(4) no payment is made by the Secretary of State or the receiving authority, their respective liabilities which are taken into account shall be treated as discharged.
4
1
The provisions of the Local Government Finance Act 1988 (“ the Act ”) prescribed below shall be read subject to these Regulations–
section 79(2) and (3)
section 83(1) to (5)
section 84C
section 86(2) and (3)
paragraph 5(4), (5), (7), (9), (10)(b) and (14) of Schedule 8
paragraph 12 of Schedule 8
paragraph 15 of Schedule 8.
2
The provisions of paragraph 2 of Schedule 8 to the Act shall be read as if references to sums received or payments made were to sums or payments which would have been received or made apart from these Regulations.
5
The Local Government Finance (Payments) (English Authorities) Regulations 1990 are hereby revoked.
Michael Howard
Secretary of State for the Environment
30th November 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1992 and shall come into force on 1st July 1992.
2
In these Regulations “the principal Regulations ” means the Police Pensions Regulations 1987 .
Part-time service
2
Schedule A to the principal Regulations is amended —
a
by inserting after the definition of “aggregate pension contributions” —
“the appropriate factor” means, in relation to part-time service, the factor which was the appropriate factor within the meaning of regulation 5(5) or (6) of the Police Regulations 1987 as it applied by virtue of paragraph 1 of Schedule 1A to those Regulations;
;
b
by inserting after the definition of “overseas service” —
“part-time service” means service as a regular policeman performed pursuant to an appointment under regulation 8A of the Police Regulations 1987;
.
Current service and previous service reckonable without payment
3
1
Regulation F2(4) of the principal Regulations is amended by inserting after the words “subject to” the words “paragraph 8 of Part IV and”.
2
Regulation F3 of the principal Regulations is amended by inserting after paragraph (2) —
3
Paragraph (1)(a) has effect subject to paragraph 8 of Part IV of Schedule J.
.
3
Part IV of Schedule J to the principal Regulations is amended by inserting after paragraph 7 —
Part-time service
8
1
This paragraph applies in the case of a regular policeman who has spent one or more periods in part-time service.
2
For the purposes of regulations F2(1) and F3(1)(a) (reckonability of certain service as pensionable), a period of part-time service is to be multiplied by the appropriate factor.
3
For the purposes of sub-paragraph (2) a period of part-time service is to be taken to have ended, and another such period to have begun, on the occurrence of any change in the appropriate factor.
.
Pensionable and average pensionable pay
4
1
Regulation G1(1) of the principal Regulations is amended by inserting after the words “that rate” the words “, except that during a period of part-time service in a rank below that of superintendent it means so much of his pay at that rate as is attributable to his determined hours (within the meaning of regulation 5(5) of the Police Regulations 1987 as applied by virtue of paragraph 1 of Schedule 1A to those Regulations)”.
2
Regulation G1(9) of the principal Regulations is amended by inserting after the words “subject to” the words “paragraph 4 of Part VI and”.
3
Part VI of Schedule J to the principal Regulations is amended by inserting after paragraph 3 —
Part-time service
4
1
This paragraph applies in the case of a regular policeman who during the year ending with the relevant date (within the meaning of regulation G1) spent one or more periods in part-time service.
2
The average pensionable pay of such a regular policeman is to be calculated as if his pensionable pay in respect of any such period of part-time service had been pay at the rate to which a regular policeman of the same rank who was not in part-time service would have been entitled.
.
Policeman’s deferred pension
5
1
Part VI of Schedule B to the principal Regulations is amended by inserting after paragraph 1 —
1A
Paragraph 1(b) has effect subject to paragraph 8A of Part I of Schedule J.
.
2
Part I of Schedule J to the principal Regulations is amended by inserting after paragraph 8 —
Part-time service
8A
1
This paragraph applies to a person who, immediately before he became entitled to a deferred pension, was in part-time service.
2
In calculating such a person’s hypothetical pension for the purposes of Part VI of Schedule B it is to be assumed that he would have continued in part-time service and that there would have been no change in the appropriate factor.
.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
1st June 1992
We consent
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1992


text:
1
1
These Regulations may be cited as the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 and shall come into force on 31st March 1992.
2
For the purposes of these Regulations, “ the Act ” means the Local Government Finance Act 1992.
Care Workers
2
The condition prescribed for the purposes of paragraph 9 of Schedule 1 to the Act is that, on the day in question the person fulfils either the requirements set out in Part I of the Schedule to these Regulations or those set out in Part II of that Schedule.
Persons of other descriptions
3
1
The descriptions prescribed for the purposes of paragraph 11 of Schedule 1 to the Act and the conditions to be fulfilled in respect of those descriptions on a particular day are, subject to paragraph (2), that a person is within one of the following classes–
International Headquarters and Defence Organisations
Class A a member or a dependent of a member, within the meanings given by the Schedule to the International Headquarters and Defences Organisations Act 1964 , of a headquarters or organisation which is on that day the subject of a designation by an Order in Council under section 1 of that Act;
Religious Communities
Class B a person who–
a
is a member of a religious community the principal occupation of which consists of prayer, contemplation, education, the relief of suffering, or any combination of these; and
b
has no income or capital of his own (disregarding any income by way of a pension in respect of former employment) and is dependent on the community to provide for his material needs;
School leavers
Class C a person who–
a
is under the age of 20; and
b
has within a relevant period ceased to undertake a qualifying course of education, within the meaning of Part II of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 .
2
In relation to Class C in paragraph (1)–
a
“relevant period” means the period after 30th April and before 1st November in any year; and
b
the day in question must be within the same relevant period as that in which the cessation takes place.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Radcliffe Infirmary National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Radcliffe Infirmary 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 Radcliffe Infirmary 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 The Radcliffe Infirmary, Woodstock Road, Oxford OX2 6HE and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non — executive directors shall be appointed from the University of Oxford.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The 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 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
23rd October 1992


text:
1
This Order may be cited as the Finance (No. 2) Act 1992 (Commencement No. 2 and Transitional Provisions) Order 1992.
Interpretation
2
In this Order and the Schedule hereto —
“ the Act ” means the Finance (No. 2) Act 1992;
“the 1983 Act ” means the Value Added Tax Act 1983 .
Commencement
3
The provisions of the Act specified in the first column of Part I of the Schedule to this Order shall come into force on 1st December 1992.
4
Insofar as they amend, substitute, insert or otherwise affect any provision of any Act which confers a power to make any order or regulations or to publish any notice, the provisions of the Act specified in the first column of Part II of the Schedule to this Order shall come into force, insofar as they are not already in force, on 1st December 1992.
Transitional provisions
5
Notwithstanding the effect of any provision brought into force by this Order which affects the 1983 Act, any orders, regulations or notices made under any power conferred by a provision of that Act and which are in force on 30th November 1992 shall remain fully in force until 31st December 1992.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
30th November 1992


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Contracted Out Prisons) Order 1992 and shall come into force on the day after the day on which it is made.
2
Subsection (1) of section 84 of the Criminal Justice Act 1991 shall have effect as if the following were omitted —
a
the word “and” immediately following paragraph (a); and
b
paragraph (b).
3
Section 87 of the Criminal Justice Act 1991 shall have effect as if subsection (5) were omitted.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
8th July 1992


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food Regulations 1992 and shall come into force on 1st January 1993.
2
These Regulations shall not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“the 1987 Regulations ” means the Materials and Articles in Contact with Food Regulations 1987 ;
“business” has the same meaning as it has in the Act;
“capable” means capable as established under regulation 6;
“ the Directive ” means Commission Directive ( EEC ) No. 90/128 relating to plastics materials and articles intended to come into contact with foodstuffs as amended ;
“food” has the same meaning as it has in the Act;
“human consumption” has the same meaning as it has in the Act;
“import” means import in the course of a business;
“monomer” means anything which is included for the purposes of the Directive among monomers and other starting substances;
“person charged” includes, in Scotland, the accused;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastics materials and articles and parts thereof to which the Directive applies;
“preparation” has the same meaning as it has in the Act;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly.
2
For the purposes of these Regulations the supply of any plastic material or article, otherwise than on sale, in the course of a business shall be deemed to be a sale of the plastic material or article.
3
Any reference in these Regulations to a numbered regulation or Schedule shall unless the context otherwise requires be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Restriction on sale etc. , and importation of plastic materials and articles
3
1
No person shall use any plastic material or article which does not comply with these Regulations in the course of a business in connection with the storage, preparation, packaging, sale or serving of food for human consumption.
2
No person shall sell any plastic material or article which does not comply with these Regulations for the purpose of its being used in connection with the storage, preparation, packaging, sale or serving of food for human consumption.
3
No person shall import from any place other than a member State of the European Economic Community any plastic material or article which does not comply with these Regulations for the purpose of its being used in connection with the storage, preparation, packaging, sale or serving of food for human consumption.
4
In any proceedings for an offence under this regulation it shall be a defence for the person charged to prove that the plastic material or article in respect of which the offence is alleged to have been committed was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence.
Transfer of constituents
4
1
No plastic material or article shall be capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit provided that a plastic material or article shall not be considered capable of transferring its constituents to food with which it may come into contact, in quantities exceeding the appropriate limit, if the only food which that plastic material or article may come into contact with is a food or foods specified in the Table to Part III of Schedule 2 in relation to which no simulant is specified.
2
For the purposes of this regulation and regulation 5(5) no simulant is specified in relation to a food specified in the Table to Part III of Schedule 2 where there is no ‘X’ placed in the column headed "Simulants to be used' opposite that food.
3
For the purposes of this regulation the appropriate limit is —
a
an overall migration limit of 60 milligrams of constituents released per kilogram of food in the case of any plastic material or article comprising —
i
an article which is a container or is comparable to a container or which can be filled, with a capacity of not less than 500 millilitres and not more than 10 litres;
ii
an article which can be filled and for which it is impracticable to estimate the surface area in contact with food;
iii
a cap, gasket, stopper or similar device for sealing, and
b
in the case of any other plastic material or article, an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
Monomers
5
1
Subject to the following paragraphs of this regulation, no plastic material or article shall be manufactured with any monomer other than a monomer which is of good technical quality and is identified by PM/REF No. (if any), CAS No. (if any) and name respectively in columns 1, 2, 3 of the relevant fraction of Part I of Schedule 1 and used in accordance with the restrictions (if any) specified in the corresponding entry in column 4 thereof, and for the purposes of this regulation the relevant fraction of Part I comprises —
a
in the case of a plastic material or article manufactured before 1st January 1997, Sections A and B of Part I, and
b
in the case of a plastic material or article manufactured after 31st December 1996, Section A of Part I.
2
Paragraph (1) of this regulation does not apply to plastic materials or articles comprising —
a
surface coatings obtained from resinous or polymerized products in liquid, powder or dispersion form, including, but not limited to, varnishes, lacquers and paints;
b
silicones;
c
epoxy resins;
d
products obtained by means of bacterial fermentation;
e
adhesives and adhesion promoters;
f
printing inks.
3
Paragraph (1) of this regulation shall not be taken to prohibit the presence in any plastic material or article of any substance if the substance is a mixture of monomers of good technical quality identified in the relevant fraction of Part I of Schedule 1.
4
Subject to the proviso in paragraph (5) of this regulation, where column 4 of the relevant fraction of Part I of Schedule 1 expresses a migration limit of mg/ kg in relation to any monomer, no plastic material or article manufactured from that monomer shall be capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
in the case of any plastic material or article other than one specified in subparagraph (b) below, the number of milligrams expressed therein released per kilogram of food, and
b
if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or which can be filled, with a capacity of not less than 500 millilitres and not more than 10 litres, or
ii
sheet, film or other material which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of that material and the quantity of food in contact with that surface area,
one sixth of the number of milligrams expressed therein per square decimetre of surface area of the plastic material or article.
5
A plastic material or article manufactured from any monomer in respect of which column 4 of the relevant fraction of Part I of Schedule 1 expresses a migration limit of mg/kg shall not be considered capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (4) of this regulation if the only food which that plastic material or article may come into contact with is a food or foods specified in the Table to Part III of Schedule 2 in relation to which no simulant is specified.
6
In any proceedings for an offence under regulation 3 comprising the manufacture of a plastic material or article with any monomer (whether or not of good technical quality) other than those identified in the relevant fraction of Part I of Schedule 1, it shall be a defence for the person charged to prove that —
a
each such monomer is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product,
b
each such monomer is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof and every monomer required to synthesise it is of good technical quality and identified in the relevant fraction of Part I of Schedule 1, or
c
each such monomer falls within either sub-paragraph (a) or sub-paragraph (b) above.
7
Part II of Schedule 1 shall have effect to supplement this regulation and Part I of Schedule 1.
Method of testing capability of transferring constituents
6
1
Plastic material, for the purposes of these Regulations, shall be treated as being capable of transferring constituents to food with which it may come into contact to the extent that it is established for those purposes —
a
in any case other than one to which sub-paragraph (b) below relates, by the verification methods specified in Schedule 2, and
b
in any case where the extent to which vinyl chloride, as identified in Section A of Part I of Schedule 1, is capable of such transfer falls to be established, by the method referred to in regulation 14(2) of the 1987 Regulations.
2
In Schedule 2 refences to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, food with which it may come into contact.
Labelling
7
1
Subject to paragraph (2) below, any plastic material or article which is intended to be placed in contact with food and is at a marketing stage other than the retail stage shall be accompanied by a written declaration attesting that it complies with the legislation applicable to it.
2
Paragraph (1) above shall not apply to any plastic material or article which by its nature is clearly intended to come into contact with food.
Enforcement
8
1
Each authority which is the enforcement authority for the 1987 Regulations shall enforce and execute in its area the provisions of these Regulations.
2
Nothing in this regulation shall be taken as authorising in Scotland an enforcement authority to institute proceedings for an offence against these Regulations.
Offences
9
1
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence.
2
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations, or
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations,
shall be guilty of an offence, but nothing in sub-paragraph (b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
3
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (2)(b) above —
a
furnishes information which he knows to be false or misleading in a material particular, or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
4
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, and in Scotland, any partner of a partnership, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
For the purposes of these Regulations “body corporate” shall in Scotland include a partnership.
6
Where the commission by any person of an offence under these Regulations is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first mentioned person.
7
In any proceedings for an offence under these Regulations it shall, subject to paragraph (11) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
8
Without prejudice to the generality of paragraph (7) above, a person charged with an offence under these Regulations who neither —
a
prepared the plastic material or article in respect of which the offence is alleged to have been committed, nor
b
imported it into Great Britain,
shall be taken to have established the defence provided by that paragraph if he satisfies the requirements of paragraph (9) or (10) below.
9
A person satisfies the requirements of this paragraph if he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that he carried out all such checks of the plastic material or article in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the plastic material or article to him; and
c
that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under these Regulations.
10
A person satisfies the requirements of this paragraph if the offence is one of sale and he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that the sale of which the alleged offence consisted was not a sale under his name or mark; and
c
that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under these Regulations.
11
If in any case the defence provided by paragraph (7) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing, and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession, and in this paragraph any reference to appearing before a court shall be construed as including a reference to being brought before a court.
12
Any person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both and on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
Presumption as to food with which a plastic material or article is to come into contact
10
In establishing which descriptions of food a plastic material or article may come into contact with it shall be assumed for the purposes of these Regulations, until the contrary is proved, that, if particulars are shown in relation to that plastic material or article in accordance with the 1987 Regulations, those particulars are accurate and that, unless the particulars so indicate, there are no restrictions on the intended conditions of contact.
Application of other provisions
11
1
The following provisions of the 1987 Regulations shall apply in relation to plastic materials or articles as they apply to materials and articles for the purposes of those Regulations, as if those provisions formed part of these Regulations —
a
regulation 12 (powers of authorised officers);
b
regulation 13 (analysis, examination and testing);
c
regulation 16 (confidentiality);
d
regulation 17 (authorised officer acting in good faith);
e
regulation 20 (evidence of analysis); and
f
regulation 21 (analysis by Government chemist).
2
Section 3(4) of the Act (relating to the presumption of intention for human consumption) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
3
Sections 29 and 30 of the Act (which deal with procurement and analysis of samples) shall, in so far as they relate to plastic materials or articles, be modified to the extent necessary for the purposes of these Regulations.
12
Until 1st April 1995 a plastic material or article which has been manufactured using one or more of the monomers identified by PM/REF No. (if any), CAS No. (if any) and name respectively in columns 1, 2, 3 of Section C of Part I of Schedule 1 —
a
may be used in the course of a business in connection with the storage, preparation, packing, sale or serving of food for human consumption,
b
may be sold for the purpose of its being used in connection with the storage, preparation, packaging, sale or serving of food for human consumption, or
c
may be imported for the purpose of its being used in connection with with the storage, preparation, packaging, sale or serving of food for human consumption,
provided that such monomer is of good technical quality and is used in accordance with the restrictions (if any) specified in the corresponding entry in column 4 thereof and where column 4 expresses a migration limit of mg/kg in relation to any such monomer that monomer shall comply with the appropriate migration limit in regulation 5(4).
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by the authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th December 1992
David Hunt
Secretary of State for Wales
10th December 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Trade Effluents (Prescribed Processes and Substances) Regulations 1992 and shall come into force on 20th March 1992.
Trade effluent derived from prescribed processes
2
Trade effluent which derives from any process which occasions liquid discharges containing trichloroethylene or perchloroethylene in quantities of thirty kilogrammes per year or more shall be special category effluent for the purposes of Chapter III of Part IV of the Water Industry Act 1991.
Michael Heseltine
Secretary of State for the Environment
19th February 1992
David Hunt
Secretary of State for Wales
20th February 1992


text:
Citation and commencement
1
This Order may be cited as the European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 1992 and shall come into force on 12th June 1992.
Interpretation
2
In this Order, “the principal Order”, means the European Parliamentary (United Kingdom Representatives) Pensions Order 1980( ).
Amendment of article 4 of the principal Order (Contributions)
3
At the end of paragraph (1A)(c) of article 4 of the principal Order, the word “and” shall be deleted, and for paragraph (1A)(d) there shall be substituted the following:
d
in the case of a period beginning on or after 1st January 1987 and before 1st April 1992, nine per cent; and
e
in the case of a period beginning on or after 1st April 1992, six per cent.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State Home Office
19th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bedfordshire and Hertfordshire Ambulance and Paramedic Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Hammond Road, Bedford MK41 0RG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Befordshire 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 North Bedfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Bedfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions) Regulations 1992 and shall come into force on 1st August 1992.
2
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“class” in relation to a particular pupil and a particular subject means any teaching group in which the pupil is regularly taught that subject;
“ GCSE ” means General Certificate of Secondary Education; a reference to the provisions of the National Curriculum in a foundation subject is to such attainment targets, programmes of study and assessment arrangements as are specified for the time being for the subject in relation to the fourth key stage under section 4(2) of the Act; a reference to the fourth key stage is to the period set out in paragraph (d) of section 3(3) of the Act; and any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Exceptions from the provisions of the National Curriculum
2
1
Subject to regulation 3 the National Curriculum in any foundation subject shall not apply in relation to a pupil if the conditions set out in paragraph (2) are satisfied.
2
The conditions are that —
a
the pupil has taken an examination for a relevant qualification in the subject; and
b
the examination was taken at any time before the pupil entered the second year of the fourth key stage; and
c
all or the majority of the pupils in the pupil’s class took the examination at the same time as the pupil.
3
A qualification is a relevant qualification in a foundation subject for the purposes of this regulation and regulation 3 if the assessment procedures for the qualification are specified under section 4(2)(c) of the Act as assessment arrangements for the subject, but the qualification referred to in paragraph (4) is not a relevant qualification.
4
The qualification referred to in paragraph (3) which is not a relevant qualification is any qualification the assessment procedures for which are designed to ascertain the achievements of pupils who —
a
have been taught a short programme of study in a foundation subject to which paragraph (5) applies, or
b
have not, or are unlikely to have, reached any level of attainment in the attainment targets for the subject specified under section 4(2)(a) of the Act in relation to the fourth key stage by the time they reach the end of that key stage.
5
This paragraph applies to a foundation subject in relation to which two programmes of study for pupils in the fourth key stage are specified under section 4(2)(b) of the Act, and in paragraph (4) the reference to a short programme of study is to the shorter of the two programmes.
3
The National Curriculum in geography and history shall not apply in relation to a pupil if —
a
the conditions specified in paragraph (2) of regulation 2 are satisfied save that the relevant qualification was in either subject; or
b
he has taken an examination for a relevant qualification in either subject at or near the end of the fourth key stage in relation to the subject and the examination was taken in any school year preceding the school year in which he would cease to be of compulsory school age.
4
1
The provisions of the National Curriculum in a foundation subject specified in column 1 of the Schedule hereto shall not apply in relation to a pupil in the fourth key stage if the conditions set out in paragraph (2) are satisfied.
2
The conditions are that —
a
the pupil has been entered for, or his head teacher intends that he should be entered for, or he has taken an examination for the GCSE in any subject specified opposite the foundation subject in column 2 of the Schedule hereto;
b
the examination will be or (as the case may be) was held in the summer term in the school year referred to in paragraph (3) or (4);
c
all or the majority of the pupil’s class have been entered for that examination, or their head teacher intends that they should be so entered, or they have taken that examination; and
d
it is intended that they will take the examination or (as the case may be) they have taken it at the same time as the pupil.
4
In the case of science —
a
if the examination is for the GCSE in single award science or double award science, the school year is 1992/93; and
b
if the examination is for the GCSE in the three subjects physics, chemistry and biology, the school year is 1992/93 or 1993/94.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scunthorpe Community Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Scunthorpe Community Health Care 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 Scunthorpe Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Brumby Hospital, East Common Lane, Scunthorpe, South Humberside DN16 1QQ and associated hospitals;
b
to manage community health services provided from Brumby Hospital, East Common Lane, Scunthorpe, South Humberside DN16 1QQ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Scunthorpe 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 Scunthorpe 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 Scunthorpe Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) Order 1992 and shall come into force on 1st January 1993.
2
In this Order —
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods; and
“the EEC Regulation” means Commission Regulation (EEC) No.693/88 .
2
1
Up to and including 31st December 1993, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania.
2
Up to and including 31st December 1993, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.
3
Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for free circulation (within the meaning of regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 and Chapter 2 of Title V of Commission Regulation (EEC) No. 2561/90 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1993 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3
1
Up to and including 31st December 1993, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Subject to paragraphs (4) and (5) of this article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof for free circulation (within the meaning described in article 2(3) above) is accepted on or after the date of the opening of the quota, being an entry containing an application for relief from customs duty accompanied by such documents as may be required under the provisions of the EEC Regulation.
4
The Commissioners may delay the acceptance of an application for relief from duty in respect of any goods for the purposes of paragraph (3) above for any period not exceeding 7 days from the date of the opening of the quota, and in such a case may, if the amount of the quota is smaller than the total amount of the goods in respect of which applications are made during that period, allocate the quota proportionally among all the applicants whose applications are accepted.
5
Goods shall not be treated as forming part of the relevant quota if customs duty would not otherwise be chargeable or would not be chargeable at a higher rate than that applying within the quota.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
Tim Sainsbury
Minister for Industry on behalf of the Minister for Trade,
Department of Trade and Industry
30th December 1992


text:
1
This Order may be cited as the Value Added Tax (Place of Supply of Goods) Order 1992 and shall come into force on 1st January 1993.
2
The rules for determining where a supply of goods is made shall be varied in accordance with the following provisions of this Order.
3
In this Order —
“Community transport” means the transportation of passengers between the point of departure and the point of arrival in the course of which —
there is a stop in a member State other than that in which lies the point of departure; and
there is no stop in a country which is not a member State;
“homeward stage” means that part of the return trip which ends at the first stop in the country in which the return trip commenced and which involves only such other stops, if any, as are in member States where there have previously been stops (in the course of that return trip);
“pleasure cruise” includes a cruise wholly or partly for the purposes of education or training;
“point or arrival” means the last place in the member States where it is expected that passengers who have commenced their journey at a place in a member State will terminate their journey or, where there is to follow a leg which will involve a stop in a place outside the member States, the last such place before such leg is undertaken;
“point or departure” means the first place in the member States where it is expected that passengers will commence their journey or, where there has been a leg which involved a stop in a place outside the member States, the first such place after such leg has been completed;
“return trip” means any journey involving two or more countries where it is expected that the means of transport will stop in the country from which it originally departed.
4
Subject to the following provisions of this Order, where goods are supplied on board a ship, aircraft or train in the course of a Community transport, those goods shall be teated as supplied at the point of departure.
5
Subject to the following provisions of this Order, any goods supplied on board a ship or aircraft in the course of a Community transport, for comsumption on board shall be teated as supplied outside the member States.
6
Fore the purposes of this Order —
a
part of transportation where it is expected that a different means of transport will be used shall be treated as separate transportation; and
b
the homeward stage of a return trip shall be treated as separate transportation.
7
This Order shall not apply to any goods supplied as part of a pleasure cruise.
Norman Lamont
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992 and shall come into force on 24th July 1992.
2
In these Regulations —
“the Act” means the Food Safety Act 1990; and
“relevant bivalve mollusc or marine gastropod” means a bivalve mollusc which or a marine gastropod which, has been —
harvested in Japan;
landed in Japan;
subjected to any process or preparation in Japan; or
consigned from Japan by way of export.
Prohibition of imports of relevant bivalve molluscs and marine gastropods
2
No person shall import into Great Britain any food or food source comprising or containing a relevant bivalve mollusc or marine gastropod or any food comprising or containing anything derived from a relevant bivalve mollusc or marine gastropod by means of any process or preparation.
Offences
3
Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both.
Application of provisions of the Food Safety Act 1990
4
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and, unless the context otherwise requires, a reference in them to the Act shall be construed as including a reference to these Regulations:
section 20 (offences due to fault of another person);
subsections (1), (5) and (6) of section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers); and
section 36 (offences by bodies corporate).
Enforcement and execution
5
1
Subject to paragraph (2) of this regulation, these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council; and
c
as respects each islands area or district in Scotland, by the islands or district council.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1) of this regulation.
Revocation of earlier Regulations
6
The Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd July 1992.
David Curry
Minister of State, Ministry of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
3rd July 1992
David Hunt
Secretary of State for Wales
3rd July 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Audit Powers) Regulations 1992 and shall come into force on 30th January 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“agreement” means agreement in writing and “agree” shall be construed accordingly;
“audit report” means a report make by an auditor in respect of an audit carried out pursuant to these Regulations;
“auditor” means an individual or firm whose name appears in the register of auditors kept pursuant to the Companies Act 1989 (Register of Auditors and Information about Audit Firms) Regulations 1991 ;
“ the Board ” means the Commissioners of Inland Revenue;
“the Building Societies Regulations ” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 ;
“deposit-taker” has the meaning given by section 481(2) of the Income and Corporation Taxes Act 1988 ;
“dividend” means any distribution in respect of an investment, including any qualifying distribution as defined for the purposes of the Corporation Tax Acts and whether described as a dividend or otherwise;
“excluded investment” has the meaning given by regulation 5;
“gross payment” means a payment made without deduction of tax by a building society of a dividend or interest in respect of an investment which at the time of payment falls within any of the descriptions in sub-paragraphs (a) to (l), (o) and (p) of regulation 4(1) of the Building Societies Regulations ;
“investment” includes any shareholding, deposit or loan;
“notice” means notice in writing;
“payment” (except in relation to a payment to the Board) includes “credit” and “paid” shall be construed accordingly;
“Special Reports booklet” means the booklet entitled “Special Reports of Accountants” published by the Auditing Practices Committee of the Consultative Committee of Accountancy Bodies in 1984.
Information to be provided to the Board — gross payments
3
1
This regulation applies to gross payments made by building societies in respect of investments which are not excluded investments.
2
Where this regulation applies, the Board may by notice require a building society to furnish them, within such time (not being less than 14 days) as may be provided by the notice, such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purposes of determining whether payments made by that building society were properly made without deduction of tax.
Inspection of records
4
A building society shall, whenever required to do so, make available for inspection by an officer of the Board authorised for that purpose, at such time as that officer may reasonably require, all such copies of books, documents or other records in its possession or under its control as may be required by the Board under regulation 3.
Excluded investment
5
An investment held with a building society is an excluded investment if —
a
having regard to regulation 11(1) to (4) of the Building Societies Regulations , it falls within any of the descriptions in regulation 4(1)(a), (b) and (c) of those Regulations, and
b
the building society is approved by the Board for the purposes of these Regulations under regulation 6.
Approval of building society
6
1
A building society shall be approved by the Board for the purposes of these Regulations if the conditions specified in paragraphs (2) and (3) are satisfied with respect to that building society.
2
The condition specified in this paragraph is that the Board are satisfied that the building society will observe such procedures as will enable it fully to comply with its obligations under regulation 11(4) of the Building Societies Regulations in relation to investments of the kind referred to in regulation 5(a) of these Regulations.
3
The condition specified in this paragraph is that the building society reaches agreement with the Board, on the terms and conditions specified in regulation 7, that it will instruct an auditor —
a
to carry out the audit specified in that regulation, and
b
to make a report in respect of that audit and furnish the report to the Board.
4
The Board may, if a building society so requests, restrict their approval of that building society under paragraph (1) to either —
a
that part of its business which is carried on through its branches, or
b
the remainder of its business.
5
If the Board determine to refuse approval of the building society under this regulation, they shall give the building society notice of their determination specifying the reason for their refusal to approve it.
Conditions of audit agreement referred to in regulation 6(3)
7
1
Paragraph (2) of this regulation specifies the audit, and paragraph (3) the terms and conditions, referred to in regulation 6(3).
2
The audit specified by this paragraph is an audit consisting of —
a
i
a review by the auditor of the procedures put in place by the building society for the purpose of enabling the building society to comply with its obligations under regulation 11(4) of the Building Societies Regulations in relation to investments of the kind referred to in regulation 5(a); and
ii
a check by the auditor of a sample of such investments in order to determine whether the procedures referred to in paragraph (i) have been observed in practice;
b
a check by the auditor of a sample of investments of the kind referred to in regulation 5(a) in order to determine whether —
i
the building society is in possession of valid declarations made pursuant to regulation 11(1) and (2) of the Building Societies Regulations and, where required by that regulation, certificates in support of those declarations; and
ii
there is information in the building society’s possession which can reasonably be taken to indicate that the provisions of regulation 4(1)(a), (b) or (c) of the Building Societies Regulations are not or might not be applicable with respect to one or more of such investments.
3
The terms and conditions specified by this paragraph are that —
a
the Board are satisfied that the auditor is experienced in carrying out audits of a building society’s or a deposit-taker’s business;
b
the auditor is instructed at the building society’s expense;
c
the Board, the building society and the auditor reach agreement in relation to —
i
the aspects of the procedures followed by the building society which are to form the subject of the audit;
ii
the scope of the information which is to be provided in the audit report made to the Board; and
iii
the scope of the sample checks referred to in paragraph (2)(a)(ii) and (b).
d
the building society makes available to the auditor all such books, documents, records and other information as the auditor may reasonably require for the purpose of carrying out the audit and making the audit report;
e
in carrying out the audit and making the audit report, the auditor has regard to the principles set out in the Special Reports booklet and, in particular, paragraphs 24 to 42 of that booklet;
f
the audit is carried out periodically, and the periods to be covered by the audit shall be —
i
as regards the first audit, the period commencing on such date as the Board and the building society may agree, being not earlier than 6th April 1991, and ending on a date determined by the Board;
ii
as regards each subsequent audit, the period of one year following the end of the last audit period, or such longer period as the Board and the building society may agree;
g
each audit is carried out, and the audit report furnished to the Board, not later than 180 days after the end of the period covered by that audit;
h
at the same time as he furnishes the audit report to the Board, the auditor sends a copy of the report to the building society;
i
n receipt of the audit report, the Board may require the auditor or the building society to furnish them with such further information as they may reasonably require for the purpose of clarifying any part of the report.
Termination of approval of building society
8
1
A building society may, by notice to the Board, terminate the approval given by the Board in its case under regulation 6.
2
The Board and a building society may agree that the approval given by the Board in its case under regulation 6 shall be terminated.
3
The Board may, by notice to a building society, terminate their approval of the building society in any of the circumstances specified in paragraph (4).
4
The circumstances specified in this paragraph are where —
a
an auditor has failed to furnish an audit report to the Board in respect of the building society within 180 days after the end of the period covered by the audit;
b
the Board consider that the building society has failed to observe the procedures referred to in regulation 7(2)(a);
c
the Board consider that the building society has failed within a reasonable time —
i
to correct errors and omissions of the building society discovered by the auditor when carrying out an audit, or
ii
to implement any recommendation made by the auditor for the purpose of remedying a failure on the part of the building society to observe the procedures referred to in regulation 7(2)(a);
d
the building society has failed to make available to the auditor any books, documents, records or other information referred to in regulation 7(3)(d);
e
the Board consider that the auditor instructed by the building society has failed to discharge his responsibilities in relation to the carrying out of any audit or the making of any audit report pursuant to these Regulations, and the building society fails to instruct another auditor;
f
the Board have grounds for believing, whether in consequence of an audit report or otherwise, that there has been fraudulent conduct or collusion on the part of the building society in relation to any declaration or certificate referred to in regulation 11 of the Building Societies Regulations, or otherwise in connection with any payment of a dividend or interest in respect of any investment.
5
Subject to paragraph (6), a termination of approval under paragraph (1), (2) or (3) shall have effect from —
a
the last day of the latest period in respect of which an audit report has been furnished to the Board within the time stipulated by regulation 7(3)(g); or
b
if the latest period in respect of which an audit report has been so furnished is a period in which the Board consider there to have been a failure on the part of the building society, or fraudulent conduct or collusion on the part of the building society, in one or more of the circumstances specified in paragraph (4)(b) to (f), the last day of the latest period in which the Board consider that none of those circumstances applies.
6
If there is no period in which an audit report has been furnished to the Board within the time stipulated by regulation 7(3)(g) or the Board consider that there is no period in which one or more of the circumstances specified in paragraph (4)(b) to (f) does not apply, a termination of approval shall have the like effect as if the building society had not been approved under regulation 6.
Alteration of scope of approval of building society
9
1
The Board may, by notice to a building society, alter the scope of their approval of the building society under regulation 6 by withdrawing their approval in relation to one or more branches of the building society or an otherwise separately identifiable part of its business in the cases specified in paragraph (2).
2
The cases specified in this paragraph are cases where the Board consider that one or more of the circumstances specified in regulation 8(4)(b) to (f) applies to the branch or branches of the building society or the part of its business referred to in paragraph (1), but not to the whole of its business or, as the case may be, the whole of that part of its business approved under regulation 6.
3
Subject to paragraph (4), an alteration of approval under paragraph (1) shall have effect from —
a
the last day of the latest period in respect of which an audit report has been furnished to the Board within the time stipulated by regulation 7(3)(g); or
b
if the latest period in respect of which an audit report has been so furnished is a period in which the Board consider that one or more of the circumstances referred to in paragraph (2) applies to a branch of the building society or a part of its business, the last day of the latest period in which the Board consider that none of those circumstances applies.
4
If there is no period in which an audit report has been furnished to the Board within the time stipulated by regulation 7(3)(g) or the Board consider that there is no period in which one or more of the circumstances referred to in paragraph (2) does not apply to a branch of the building society or a part of its business, an alteration of approval under paragraph (1) shall have the like effect as if, so far as concerns that part of its business from which approval is withdrawn, the building society had not been approved under regulation 6.
Appeals against Board’s refusal to approve building society, or termination or alteration of approval
10
1
A building society to whom notice of the Board’s determination to refuse approval under regulation 6(5), or of termination or alteration of approval under regulation 8(3) or 9(1), has been given, may appeal against such refusal, termination or alteration, as the case may be, by notice given to the Board within 30 days of the notice.
2
The appeal shall be to the Special Commissioners.
3
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal under this regulation, and on such an appeal —
a
the jurisdiction of the Special Commissioners shall include jurisdiction to review any relevant decision taken by the Board under regulation 6, 7, 8 or 9, and
b
the Special Commissioners shall confirm the notice unless they are satisfied that the notice ought to be quashed.
Consequences of termination or alteration of approval of building society
11
1
Subject to paragraph (2), where approval is terminated under regulation 8 or altered under regulation 9 —
a
investments of the kind referred to in regulation 5 which are held with the building society whose approval has been terminated or, as the case may be, with a branch or other part of the building society’s business from which approval has been withdrawn either —
i
shall cease to be excluded investments with effect from the appropriate date, or
ii
where regulation 8(6) or regulation 9(4) applies, shall be treated as if they had never been excluded investments;
b
regulations 3 and 4 shall apply accordingly to such investments;
c
the audit agreement concluded between the Board and the building society pursuant to regulation 6(3) shall cease to have effect in relation to such investments, and accordingly, so far as concerns such investments, no audit shall be carried out by the auditor or audit report furnished to the Board following the termination or alteration of approval.
2
Where following the termination or alteration of approval of a building society the conditions of regulation 6(2) and (3) are again satisfied with respect to the whole of its business, the Board shall approve the building society under regulation 6 for the purposes of these Regulations.
3
In this regulation “the appropriate date” means —
a
as regards a termination of approval under regulation 8, the date determined by regulation 8(5), and
b
as regards an alteration of approval under regulation 9, the date determined by regulation 9(3).
Use of information
12
1
Subject to paragraph (2) information obtained by the Board under regulation 3 or 4 —
a
shall not be used for the purpose of ascertaining the tax liability (if any) of any person other than —
i
a person beneficially entitled to a gross payment within regulation 3 to whom the information obtained relates, and
ii
the building society; and
b
shall otherwise be used only for the purposes of these Regulations.
2
Paragraph (1) shall not be construed as preventing any disclosure of information within section 182(5) of the Finance Act 1989 .
A. M. W. Battishill
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
8th January 1992