text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Constructionand Use) (Amendment) (No. 2) Regulations 1992.
2
These Regulations shall come into force for the purposes of regulation 8 on 1st August 1993 and for all other purposes on 1st August 1992.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 3 to 7 shall apply as from 1st August 1992 and of regulation 8 as from 1st August 1993 (being provisions which vary the requirements as regards the construction of certain classes of vehicles) to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
PART II
AMENDMENTS WHICH COME INTO FORCE ON 1ST AUGUST 1992
Amendments to Regulation 36A (speed limiters for coaches)
3
1
Regulation 36A shall be amended as follows.
2
In paragraph (3)(c), after “be sealed” there shall be inserted “by an authorised sealer”.
3
After paragraph (3), there shall be inserted the following paragraph —
3A
Paragraph (3)(c) shall have effect in relation to —
a
a speed limiter fitted before 1st August 1992 to a vehicle first used before that date,
b
a speed limiter sealed outside the United Kingdom, “by an authorised sealer” were omitted
.
4
In paragraph (5), before the definition of “Part I of the British Standard” there shall be inserted the following definition —
“authorised sealer” has the meaning given in Schedule 3B to these Regulations.
Amendments to Regulation 36B (speed limiters for goods vehicles)
4
1
Regulation 36B shall be amended as follows.
2
In paragraph (3)(c), after “be sealed” there shall be inserted “by an authorised sealer”.
3
After paragraph (3), there shall be inserted the following paragraph —
3A
Paragraph (3)(c) shall have effect in relation to —
a
a speed limiter fitted before 1st August 1992 to a vehicle first used before that date,
b
a speed limiter sealed outside the United Kingdom, “by an authorised sealer” were omitted
.
4
In paragraph (7), before the words “Part I of the British Standard” there shall be inserted the words “authorised sealer”.
Speed limiters — authorised sealers
5
1
After Regulation 36B, there shall be inserted the following —
Speed limiters — authorised sealers
36C
Schedule 3B (authorised sealers) shall have effect.
2
After Schedule 3A there shall be inserted the Schedule set out inthe Schedule to these Regulations.
Amendments to Regulation 70A (speed limiter plates for coaches)
6
1
Regulation 70A shall be amended as follows.
2
In paragraphs (2) and (4) after the word “plate” there shall be inserted “which has been supplied by the authorised sealer who sealed the speedlimiter and”.
3
After paragraph (4), there shall be inserted the following paragraph —
4A
Paragraphs (2) and (4) shall have effect, in relation to a vehicle which is not required to be fitted with a speed limiter which has been sealed by an authorised sealer, as if the words “which has been supplied by the authorised sealer who sealed the speedlimiter and” had been omitted.
.
Amendment to Regulation 70B (speed limiter plates for goods vehicles)
7
1
Regulation 70B shall be amended as follows.
2
In paragraph (1), the words “which complies with” to the end shall be omitted.
3
In paragraph (2), after the word “plate” there shall be inserted “which has been supplied by the authorised sealer who sealed the speedlimiter and”.
4
After paragraph (4), there shall be inserted the following paragraph —
4A
Paragraph (2) shall have effect, in relation to a vehicle which is not required to be fitted with a speed limiter which has been sealed by an authorised sealer, as if the words “which has been supplied by the authorised sealer who sealed the speedlimiter and” had been omitted.
PART III
AMENDMENTS WHICH COME INTO FORCE ON 1ST AUGUST 1993
Amendment to regulation 36B (speed limiters for goods vehicles)
8
Regulation 36B shall be amended as follows —
a
after paragraph (1), there shall be inserted the following paragraph —
1A
Subject to paragraph (6), this regulation also applies to every motor vehicle which —
a
is a goods vehicle;
b
has a maximum gross weight exceeding 16,000kg;
c
is either —
i
a vehicle that is constructed or adapted to form part of an articulated vehicle, or
ii
a rigid vehicle that is constructed or adapted to draw a trailer and has a maximum gross trailer weight which exceeds 5,000kg;
d
is first used on or after 1st January 1988; and
e
has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60mph.
; and
b
after paragraph (7), there shall be inserted the following paragraph —
8
For the purposes of this regulation, a motor vehicle has a maximum gross trailer weight exceeding 5,000kg if —
a
in the case of a vehicle equipped with a Ministry plate in accordance with regulation 70, the difference between its maximum gross weight and the relevant train weight exceeds 5,000kg;
b
in the case of a vehicle not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the difference between its maximum gross weight and the weight shown on the plate in respect of item 8 of Part I of Schedule 8 exceeds 5,000kg; and
c
in the case of any other vehicle, the vehicle is designed or adapted to be capable of drawing a trailer with a laden weight exceeding 5,000kg when travelling on a road;
and in sub-paragraph (a) “the relevant train weight” is the train weight shown in column (3) of the plate or, if no such weight is shown, the train weight shown in column (2) of the plate (where the plate is in the form required by Schedule 10) or in column (4) of the plate (where the plate is in the form required by Schedule10A).
Signed by Authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Controlled Waste Regulations 1992 and shall come into force on 1st April 1992 save for regulation 10, which shall come into force on 1st June 1992.
2
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“the 1989 Regulations ” means the Sludge (Use in Agriculture) Regulations 1989 ;
“camp site” means land on which tents are pitched for the purposes of human habitation and land the use of which is incidental to land on which tents are so pitched;
“charity” means any body of persons or trust established for charitable purposes only;
“clinical waste” means —
any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and
any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;
“composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988 ;
“construction” includes improvement, repair or alteration;
“part residential subjects” has the same meaning as in section 26(1) of the Abolition of Domestic Rates etc. (Scotland) Act 1987 ;
“scrap metal” has the same meaning as in section 9(2) of the Scrap Metal Dealers Act 1964 ;
“septic tank sludge” and “sludge” have the same meaning as in regulation 2(1) of the 1989 Regulations; and
“vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968 .
3
Any reference in these Regulations to a section is, except where the context otherwise requires, a reference to a section of the Act.
4
References in these Regulations to waste —
a
do not include waste from any mine or quarry or waste from premises used for agriculture within the meaning of the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948 ;
b
except so far as otherwise provided, do not include sewage (including matter in or from a privy).
Waste to be treated as household waste
2
1
Subject to paragraph (2), waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of Part II of the Act.
2
Waste of the following descriptions shall be treated as household waste for the purposes only of section 34(2) (household waste produced on domestic property) —
a
waste arising from works of construction or demolition, including waste arising from work preparatory thereto; and
b
septic tank sludge.
Waste not to be treated as household waste
3
1
Waste of the following descriptions shall not be treated as household waste for the purposes of section 33(2) (treatment, keeping or disposal of household waste within the curtilage of a dwelling) —
a
any mineral or synthetic oil or grease;
b
asbestos; and
c
clinical waste.
2
Scrap metal shall not be treated as household waste for the purposes of section 34 at any time before 1st April 1993.
Charges for the collection of household waste
4
The collection of any of the types of household waste set out in Schedule 2 is prescribed for the purposes of section 45(3) as a case in respect of which a charge for collection may be made.
Waste to be treated as industrial waste
5
1
Subject to paragraph (2) and regulation 7, waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of Part II of the Act.
2
Waste of the following descriptions shall be treated as industrial waste for the purposes of Part II of the Act (except section 34(2)) —
a
waste arising from works of construction or demolition, including waste arising from work preparatory thereto;
b
septic tank sludge not falling within regulation 7(1)(c).
Waste to be treated as commercial waste
6
Subject to regulation 7, waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of Part II of the Act.
Waste not to be treated as industrial or commercial waste
7
1
Waste of the following descriptions shall not be treated as industrial waste or commercial waste for the purposes of Part II of the Act —
a
sewage, sludge or septic tank sludge which is treated, kept or disposed of (otherwise than by means of mobile plant) within the curtilage of a sewage treatment works as an integral part of the operation of those works;
b
sludge which is supplied or used in accordance with the 1989 Regulations;
c
septic tank sludge which is used in accordance with the 1989 Regulations.
2
Scrap metal shall not be treated as industrial waste or commercial waste for the purposes of section 34 at anytime before 1st April 1993.
Application of Part II of the Act to litter and refuse
8
Part II of the Act shall have effect as if —
a
references to controlled waste included references to litter and refuse to which section 96 applies;
b
references to controlled waste of a description set out in the first column of Table A below included references to litter and refuse of a description set out in the second column thereof;
c
references to controlled waste collected under section 45 included references to litter and refuse collected under sections 89(1)(a) and (c) and 92(9); and
d
references to controlled waste collected under section 45 which is waste of a description set out in the first column of Table B below included references to litter and refuse of a description set out in the second column thereof.
TABLE A
Description of waste Description of litter and refuse
Household waste. Litter and refuse collected under section 89(1)(a), (c) and (f). Industrial waste. Litter and refuse collected under section 89(1)(b) and (e). Commercial waste. Litter and refuse collected under sections 89(1)(d) and (g), 92(9) and 93.
TABLE B
Description of waste Description of litter and refuse
Household waste. Litter and refuse collected under section 89(1)(a) and (c). Commercial waste. Litter and refuse collected under section 92(9).
Exceptions from section 33(1) of the Act
9
1
Subject to the following provisions of this regulation, section 33(1) shall not apply —
a
in cases where a disposal licence under section 5 of the Control of Pollution Act 1974 is not required by virtue of regulation 4 of the Control of Pollution (Licensing of Waste Disposal) (Scotland) Regulations 1977 , regulation 4 of the Control of Pollution (Landed Ships' Waste) Regulations 1987 , regulation 9 of the Collection and Disposal of Waste Regulations 1988 or regulation 2 of the Disposal of Controlled Waste (Exceptions) Regulations 1991 ; or
b
as respects the use of land by a waste disposal authority in accordance with a resolution under section 11 of that Act.
2
Paragraph (1)(b) shall cease to apply in relation to a waste disposal authority in England and Wales as from the date on which the restriction imposed by section 51(1) applies to that authority in accordance with section 77(6) and (7).
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
10
1
In regulation 2(2) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 , after the definition of “building or demolition waste” insert
“construction”includes improvement, repair or alteration;
.
2
Paragraph (1) does not apply to a person who before 1st June 1992 applies in accordance with the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 for registration as a carrier of controlled waste whilst his application is pending for the purposes of those Regulations.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
9th March 1992


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1992 and shall come into force on 1st July 1992.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Schemes.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
38·78 pence in respect of dealer levy,
b
35·25 pence in respect of grower levy,
c
7·05 pence in respect of standard rate processor levy, and
d
2·35 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 58·75 pence.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th May 1992
Patrick Mayhew
Secretary of State for Northern Ireland
20th May 1992
David Hunt
Secretary of State for Wales
18th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swansea National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th 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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Swansea 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 Swansea 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 Singleton Hospital, Sketty, Swansea, West Glamorgan SA2 8QA and associated hospitals;
b
to manage community services provided from the Children’s Orthopaedic Clinic, Phillips Parade, Swansea, West Glamorgan SA1 4DA.
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
West Glamorgan 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
West Glamorgan 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 the 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 West Glamorgan 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.
David Hunt
Secretary of State for Wales
29th October 1992


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 —
a
a special road along the route described in Schedule 1 to this Scheme (this special road being in this Scheme referred to as “the Motorway ”), and
b
special roads along the routes described in Schedule 2 to this Scheme for the purposes of connecting the Motorway with other highways at the places stated in that Schedule (these special roads being in this Scheme referred to as “the connecting roads ”).
2
The centre line of the special roads are indicated by heavy black lines on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
The Secretary of State is also authorised to construct as part of the Motorway the bridge specified in Schedule 3.
5
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan number HA16/YHCPD 4 marked “The A1 Motorway (Walshford to Dishforth Section and Connecting Roads) Scheme 1992”, containing 2 maps bound to-gether and numbered 1 and 2 inclusive, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special roads”
means all the special roads which the Secretary of State is authorised by this Scheme to provide; and
iii
“the Motorway” and “the connecting roads”
have the meanings given in article 1 of this Scheme.
6
This Scheme shall come into force on 14th August 1992, and may be cited as the A1 Motorway (Walshford to Dishforth Section and Connecting Roads) Scheme 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
15th July 1992


text:
1
This Order may be cited as the Value Added Tax (Means of Transport) Order 1992 and shall come into force on 1st January 1993.
2
1
In subsection (1) of section 47A of the Value Added Tax Act 1983 —
a
after the word “means”, in the third place where it occurs, there shall be inserted “subject to subsection (1A) below”; and
b
in paragraph (c)(i), after the word “a” there shall be inserted “displacement or”.
2
After subsection (1) of that section there shall be inserted —
1A
A ship, aircraft or motorized land vehicle does not fall within subsection (1) above unless it is intended for the transport of persons or goods.
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
This Order may be cited as the Civil Aviation (Personnel Licences) Order 1992 and shall come into force on 30th November 1992.
2
As from 30th November 1992 it shall be unlawful for a person who admits persons to —
a
a training establishment in Northern Ireland for the purpose of providing those persons with training as civil aviation cockpit personnel, or
b
licensing examinations and procedures in Northern Ireland relating to the qualification of persons as civil aviation cockpit personnel,
to apply, as a basis for the admission of a national of a member State other than the United Kingdom, a basis which is not the same as for United Kingdom nationals.
3
1
A claim by any person that another person has committed an act which is unlawful by virtue of this Order may be made the subject of civil proceedings in like manner as any other claim in tort.
2
Proceedings under paragraph (1) of this article shall be brought only in a county court in Northern Ireland but all such remedies shall be obtainable in such proceedings as, apart from this paragraph, would be obtainable in the High Court in Northern Ireland.
3
For the avoidance of doubt it is hereby declared that damages in respect of an act which is unlawful by virtue of this Order may include compensation for injury to feelings whether or not they include compensation under any other head.
4
A county court shall not, unless in all the circumstances of the case it considers it is just and equitable to do so, consider a claim under this article unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
4
This Order extends to Northern Ireland only.
G.I. de Deney
Clerk of the Privy Council


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which this Order comes into force.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered MSE A3/0/65/2/2, marked “The A3 Trunk Road (Stoke Junction Improvement Guildford Detrunking) Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 28th February 1992 and may be cited as the A3 Trunk Road (Stoke Junction Improvement Guildford Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
J.W. Fellows
Regional Director South East Region
Department of Transport
15th January 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Definition of Unit Trust Scheme) (Amendment) Regulations 1992 and shall come into force on 31st March 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Definition of Unit Trust Scheme) Regulations 1988 and “regulation” means a regulation of those Regulations.
Amendments to the principal regulations
3
In regulation 4(2) —
a
in paragraph (i) of sub-paragraph (a) after the word “situated” there shall be inserted the words “or formerly situated”;
b
in paragraph (ii) of sub-paragraph (a) after the words “so situated” wherever appearing there shall be inserted the words “or formerly situated”; and
c
in paragraph (ii) of sub-paragraph (c) after the word “situated” there shall be inserted the words “or formerly situated”.
4
After paragraph (3) of regulation 4 there shall be added —
4
References in paragraph (2) of this Regulation to land formerly situated in an enterprise zone or in one or more enterprise zones are references to land on which buildings or structures were constructed where the expenditure on such construction was incurred, or was incurred under a conract entered into, at a time when the land was in an enterprise zone, being a time not more than ten years after the land was first included in an enterprise zone.
.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1992


text:
1
This Order may be cited as the School Teachers' Pay and Conditions Act 1991 (Commencement No. 3) Order 1992.
2
Section 2(9) of the School Teachers' Pay and Conditions Act 1991 shall come into force on 30th March 1992.
Kenneth Clarke
Secretary of State for Education and Science
27th March 1992


text:
1
This Order may be cited as the Competition and Service (Utilities) Act 1992 (Designation) Order 1992 and shall come into force on 1st July 1992.
2
The designated operators for the purposes of sections 27A to 27K of the Telecommunications Act 1984 shall be:
British Telecommunications plc
Kingston Communications (Hull) PLC
E. Leigh
Department of Trade and Industry
8th June 1992