type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day) Order 1992.
2
The day appointed for paragraph 6B of Schedule 3 to the Income and Corporation Taxes Act 1988 for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 14th November 1992.
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 6) Order 1992 and shall come into force on 16th November 1992.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on which train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in Part I of the Schedule to this Order.
2
Save as is mentioned in paragraph (3) below, sections 4 to 9 of the Act shall not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in Part I of the Schedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to —
a
any part of a train service provided by the Board on the lines so specified where that service commences at a station on a line which —
i
is specified in the Schedule to any other activating order, and
ii
is connected either directly, or by another line or lines of the description in sub-paragraph (i) above which are so connected, with a line specified in Part I of the Schedule to this Order;
b
any part of a train service provided by the Board on the lines specified in Part I of the Schedule to this Order where that service commences at a station on a line specified in Part II of the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
3
The British Railways (Penalty Fares) Act 1989 (Activating No. 2) Order is hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
16th October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ipswich Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Ipswich Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Ipswich Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at The Ipswich Hospital, Heath Road, Ipswich IP4 5PD and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 East Suffolk 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 East Suffolk 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 East Suffolk 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.
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
1
These Regulations may be cited as the Savings Certificates (Amendment) Regulations 1992 and shall come into force on 7th December 1992.
2
The Savings Certificates Regulations 1991 shall be amended in Regulation 2(1) by substituting for the words “is issued” in the definition of “unit” the words “may be issued (regardless of whether, in particular circumstances, a certificate may be issued only for a greater amount)”.
Gregory Knight
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
11th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset Community Health National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order:
“the Authority” means West Dorset Health Authority;
“the Trust” means the West Dorset Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st November 1991, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
26th February 1992


text:
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1992, shall apply throughout the United Kingdom and shall come into force on 2nd April 1992.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires–
“analysis” has, in relation to England, Wales and Scotland, the same meaning as in section 53(1) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;
“controlled wine-sector product” means any wine-sector product whose movement has been prohibited pursuant to regulation 9 of these Regulations;
“county” means in relation to England, a county established by section 1 of the Local Government Act 1972 and in relation to Wales, a county established by section 20 of that Act;
“enforcement authority” means–
in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland;
in relation to the area of a local authority, the local authority.
“establishment” has the same meaning as in Article 1(3) of Council Regulation ( EEC ) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts ;
“examination” has, in relation to England, Wales and Scotland, the same meaning as in section 28(2) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
“food analyst” and “food examiner” have, in relation to England, Wales and Scotland, the same meanings as in section 30(9) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meanings as in Articles 30(9) and 31(3) of the Food Safety (Northern Ireland) Order 1991;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts;
“local authority” means–
as respects England, Wales and Scotland a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council for the purposes of the Food Safety (Northern Ireland) Order 1991;
“manufacturing” means using wine or other wine-sector product, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland;
“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company;
“wine” and “wine-sector product” shall include aromatized wine.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91 laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails .
3
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
4
The Common Agricultural Policy (Wine) Regulations 1990 are hereby revoked.
PART II
GENERAL PROVISIONS
Enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authori-ties or agencies for the purpose of the enforcement of the Community provisions.
2
For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.
3
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of wine and other wine-sector products within its area.
4
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.
5
The Minister and the Wine Standards Board shall secure the enforcement andexecution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) of this regulation.
6
Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 laying down detailed rules for the description and presentation of wines and grape musts wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Geographical ascriptions for table wine
5
1
In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine , the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless–
a
that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and
b
that table wine is produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.
2
Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 on the common organization of the market in wine.
3
In paragraph (1)(b) above “geographical unit” means a precisely demarcated area which–
a
is a part of the United Kingdom; and
b
satisfies the definition of “a geographical unit which is smaller than the Member State” in Article 4(1) of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts .
4
No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.
5
Notwithstanding paragraph (4) above, the expression “United Kingdom” may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts.
Exemptions
6
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 laying down general rules for the description and presentation of wines and grape musts shall not apply to–
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
7
The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89 relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.
Powers of authorised officers
8
1
An authorised officer may, on producing, if so required, a warrant of his authority, at any reasonable time enter any land other than land used only as a dwelling, or any vehicle, for the purpose of ascertaining whether any offence under these Regulations has been committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) of this regulation may–
a
inspect any materials or articles found in or on that land or vehicle;
b
require any person carrying on, or employed in connection with, a trade or business to produce any books, records or documents relating to that trade or business and may take copies of any such book, record or document, or of any entry in any such book, record or document and where any such record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record or document and require such record or document to be produced in a form in which it may be taken away;
c
undertake stock counts of wine-sector products and of any substances orproducts which may be used for the preparation of such products; and
d
purchase or take samples of any wine-sector product and of any substances or products which may be used for the preparation of such products.
3
An authorised officer who has procured a sample of any wine-sector product may analyse or examine or have analysed or examined that sample.
4
An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
Control on movement
9
1
Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been or is being committed in respect of it contrary to any relevant Community provision referred to in columns 1 or 2 of Parts I, II , III , V or IX of Schedule 2 and that there is a risk to public health or there has been any fraudulent treatment of that product.
2
An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing–
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer; and
c
specifying the Community provision in respect of which the officer has reason to believe that an offence has been or is being committed.
3
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
4
An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
Consent to movement
10
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that–
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall–
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
Authorised officer acting in good faith
11
1
An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above, shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.
4
In this regulation “authorised officer” includes a person accompanying him and acting under his instructions.
Power to require analysis or examination
12
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation, the provisions thereof shall apply in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.
PART III
QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Interpretation of Part III
13
1
In this Part–
“Regulation 823/87” means Council Regulation (EEC) No. 823/87 laying down special provisions relating to quality wines produced in specified regions ;
“quality wines psr” has the meaning assigned to it by Article 1(2) of Regulation 823/87;
“specified regions” mean, unless the context otherwise requires, Southern Counties and Northern Counties as defined in regulation 14.
2
Other expressions used in this Part have, in so far as the context admits, the same meanings as in Regulation 823/87.
Specified regions
14
1
Subject to paragraph (2) below, the specified regions in the United Kingdom for the purposes of Article 3 of Regulation 823/87 are–
a
Southern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972 , described in Part I of Schedule 4, and
b
Northern Counties, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972, described in Part II of Schedule 4.
2
There shall be excluded from the areas described in Part I and Part II of Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
Vine varieties
15
For the purposes of Article 4 of Regulation 823/87, the list of vine varieties of the species Vitis vinifera suitable for producing quality wines psr in the specified regions is specified in Schedule 5.
Minimum natural alcoholic strength
16
The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
Authorization under Article 6(3) of Regulation 823/87
17
Notwithstanding the provisions of the second indent of Article 6(1) of Regulation 823/87, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
Maximum yield
18
For the purposes of Article 11 of Regulation 823/87, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
Analytical test
19
The tests to be carried out for the purposes of the analytical test for quality wines psr produced in the specified regions are specified in Schedule 6.
Additional term of designation
20
For the purposes of Article 15(1) of Regulation 823/87, a quality wine psr produced in a specified region may be described as a wine of “designated origin”.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
21
1
If any person contravenes, or fails to comply with, regulation 5 or any of the relevant Community provisions referred to in columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable–
a
on summary conviction in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; or
b
on conviction on indictment, to a fine.
2
If any person–
a
contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI , VII or VIII of Schedule 2, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.
3
In any proceedings against any person for an offence under these Regulations, it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Movement of a controlled wine-sector product
22
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product,–
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product,–
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 9(4) shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 10 shall be guilty of an offence.
4
It shall be a defence for a person charged with any offence under this regulation to prove that–
a
when the power conferred by regulation 9(1) was exercised, no offence had been or was being committed in respect of the wine-sector product concerned; and
b
that there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
Obstruction
23
Any person who–
a
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) acting in the execution of these Regulations; or
b
without reasonable cause fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations
shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
Offences by officers of bodies corporate
24
1
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 be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
In paragraphs (1) and (2) above the references to a “body corporate” include a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
11th March 1992.
Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
10th March 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.3) (Taxation of Accounts) 1992 and shall come into force on 20th July 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session( ) shall be amended in accordance with the following sub-paragraphs.
2
In rule 347(a) (General Regulations as to the Preparation and Taxation of Accounts)( ), for the words “, (b) between Solicitor and Client, and (c)” substituted the words “and (b)”.
3
In rule 348 (Remit to Auditor of Court)( ) omit paragraph (5).
4
In rule 349 (Report, Objections and Modification)( ) for paragraph (2) substitute the following paragraph: —
2
Any party to a cause may object to the report of the Auditor by stating his reasons for objection in a note of objections which shall be lodged within 14 days of the date of the report.
.
5
For rule 350 (Summary Application for Taxation of Solicitors' Accounts) substitute the following rule: —
Remit of solicitor’s account for taxation
350
1
Subject to section 61A(1) of the Solicitors (Scotland) Act 1980( ), the court may remit to the Auditor of Court for taxation the account of a solicitor to his client —
a
where the account is for work done in relation to a litigation in the Court of Session, on the motion of the solicitor or the client; and
b
in any case, in an action in which the solicitor or his representatives sue the client for payment of the account.
2
A motion under paragraph (1)(a) may be enrolled notwithstanding that final decree in the litigation has been extracted.
3
Where a remit is made under paragraph (1) —
a
the solicitor shall, within 21 days, lodge in the office of the Auditor of Court the account, which shall be in such form as shall enable the Auditor of Court readily to establish the nature and extent of the work done to which the account relates and shall detail the outlays incurred by the solicitor together with such supporting material as is necessary to vouch the items on the account;
b
the Auditor of Court shall assign a diet of taxation not earlier than fourteen days from the date he receives the account and intimate that diet forthwith to the solicitor;
c
the solicitor shall then, forthwith, send by first class recorded delivery post, a copy of the account lodged, the interlocutor remitting the account, and give notice in terms of Form 73 of the date, time and place of the taxation to the client; and
d
the Auditor shall report his decision to the court and shall forthwith send a copy of his report to the solicitor and to the client.
4
Either party, provided that he or his representative has attended at the diet of taxation, may, in accordance with rule 349, state objections to the report mentioned in paragraph (3) above, otherwise the report shall be final.
5
Where the Auditor taxes the account of a solicitor to his client in respect of the conduct of a litigation on behalf of the client, he —
a
shall allow a sum in respect of such work and outlays as have been reasonably incurred;
b
shall allow in respect of each item of work and outlay such sum as may be fair and reasonable having regard to all the circumstances of the case;
c
shall, in determining whether a sum charged in respect of an item of work is fair and reasonable, take into account —
i
the complexity of the litigation and the number, difficulty or novelty of the questions raised;
ii
the skill, labour, specialised knowledge and responsibility involved;
iii
the time spent on the item of work and on the litigation as a whole;
iv
the number and importance of any documents or other papers prepared or perused without regard to length;
v
the place where and the circumstances (including the degree of expedition required) in which the solicitor’s work or any part of it has been done;
vi
the amount or value of any money or property involved in the litigation; and
vii
the importance of the litigation or its subject matter to the client;
d
shall presume (unless the contrary is demonstrated to his satisfaction) that —
i
an item of work or outlay was reasonably incurred if it was incurred with the express or implied approval of the client;
ii
the fee charged in respect of an item of work or outlay was reasonable if the amount of the fee or the outlay was expressly or impliedly approved by the client; and
iii
an item of work or outlay was not reasonably incurred, or that the fee charged in respect of an item of work or outlay was not reasonable if the item of work, outlay or fee charged, was unusual in the circumstances of the case, unless the solicitor informed the client prior to carrying out the item of work or incurring the outlay that it might not be allowed (or that the fee charged might not be allowed in full) in a taxation in judicial proceedings between party and party; and
e
may disallow any item of work or outlay which is not vouched to his satisfaction.
.
6
In the Appendix, after Form 72 (Form of Caveat)( ), insert the form in Schedule to this Act of Sederunt.
J.A.D. Hope
Lord President, IPD
Edinburgh
16th June 1992


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the National Health Service (Determination of Districts) (No. 2) Order 1992 and shall come into force —
a
on 1st April 1992 for all purposes other than those specified in paragraph (1)(b) of this article;
b
on 1st April 1993 for the purposes of the abolition of Camberwell District, Lewisham and North Southwark District and West Lambeth District and the establishment of South East London District.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1992 in relation to the abolition and establishment of the districts referred to in paragraph (1)(a) of this article, and 1st April 1993 in relation to the abolition and establishment of the districts referred to in paragraph (1)(b) of this article;
“the old authorities” means the authorities listed in column (1) of Schedule 1 to this Order, the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the relevant new authority” means, in relation to each old authority listed in a numbered paragraph in column (1) of Schedule 1 to this Order, the authority shown in the correspondingly numbered paragraph in column (2) of that Schedule, being in each case an authority established by the National Health Service (District Health Authorities) (No. 2) Order 1992 ;
“the relevant Regional Authority” means, in relation to each relevant new authority, the Regional Health Authority in whose region the relevant new authority’s district lies.
Variation of districts
2
1
Each of the districts listed in column (1) of Schedule 2 to this Order is abolished and six new districts are determined, to be known by the names shown in column (2) of that Schedule and each comprising the former districts shown in relation to it in column (1) of that Schedule.
2
Accordingly, in Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 —
a
the entries in columns (1), (2) and (3) relating to the former districts listed in column (1) of Schedule 2 to this Order are omitted;
b
at the appropriate point, there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of Schedule 3 to this Order.
3
In paragraph (2)(b) of this article “the appropriate point” means —
a
in relation to North Durham District, after the entries relating to Hartlepool District;
b
in relation to North Nottinghamshire District, after the entries relating to North Lincolnshire District;
c
in relation to North West Anglia District, after the entries relating to Huntingdon District;
d
in relation to East and North Hertfordshire District, after the entries relating to Ealing District;
e
in relation to South East London District, after the entries relating to South East Kent District;
f
in relation to Dorset District, after the entries relating to Bath District.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by —
a
one of the old authorities, or
b
two or more of the old authorities jointly, is on the material date transferred to the employment of the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by one or more of the old authorities and another person, that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly.
3
Nothing in this article applies to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990 , to be transferred on the material date to any one of the National Health Service Trusts listed in Schedule 4 to this Order.
4
Where by virtue of this article the employment of an officer is transferred to the employment of a relevant new authority or of that authority jointly with another person, the contract of employment of that officer is modified so as to substitute the relevant new authority as the employer or as one of the joint employers.
Preservation of training arrangements
4
Training arrangements in any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the authority to the employment of which he is transferred by article 3 of this order.
Enforceability of rights and liabilities
5
1
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
2
Nothing in this article affects the enforceability of any right or liability which, by or under Part I of the National Health Service and Community Care Act 1990, is transferred to any of the National Health Service Trusts set out in Schedule 4 to this Order.
Winding up of affairs of old authorities
6
It is the duty of each relevant new authority to take, in accordance with such directions as may be given by the relevant Regional Authority, such action as may be necessary for the winding up of the affairs of an old authority.
Accounts of old authorities
7
Where, on the material date, any of the old authorities has not performed in respect of any period before that date any duty imposed on it by section 98 of the Act, the relevant new authority shall perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, and any application duly made by, or any direction, authorisation or notice duly given to or by any of the old authorities is deemed to have been duly done by, or made by or given to or by, the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities is, immediately before the material date, authorised by the Secretary of State to be made available under section 65(1) of the Act, it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such authorisation is varied or revoked by the Secretary of State.
Investigation of complaints by Health Service Commissioner
10
1
A complaint under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and the relevant regional authority.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with health service purposes is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.
William Waldegrave
Secretary of State for Health
21st February 1992


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule to this Scheme, special roads 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.
2
The lengths 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
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 6 marked “The A168 Trunk Road (Dishforth Interchange) Scheme 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
“the special road” means the special road mentioned in article 1 of this Scheme.
5
This Scheme shall come into force on 14th August 1992, and may be cited as the A168 Trunk Road (Dishforth Interchange) 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:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Revocation) Order 1992 and shall come into force at 1700 hours on 21st August 1992.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1992 is hereby revoked.
E. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
21st August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Kent Water Company (Constitution and Regulation) Order 1992 and shall come into force on 4th February 1992.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 4th February 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 4th February 1992.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
8th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Chesterfield and North Derbyshire Royal Hospital, Calow, Chesterfield, Derbyshire S44 5BL.
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 Derbyshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The North Derbyshire 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 Derbyshire 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.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dundee Teaching Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Dundee Teaching Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Dundee Teaching Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as Ninewells Hospital, Dundee Royal Infirmary, King’s Cross Hospital, Dundee Dental Hospital, all Dundee, and Dundee Limb Fitting Centre, Broughty Ferry, including the management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Dundee, 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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Tayside Health Board 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 Tayside Health Board 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 board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Tayside Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st October 1992.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 are further amended in accordance with the following provisions.
Amendments to regulation 2 (interpretation)
3
In regulation 2(1), after the definition of “the prescribed type approval requirements” there shall be inserted the following definition —
“registered” means registered under the Vehicles (Excise) Act 1971 ;
.
Amendments to regulation 4 (application of type approval requirements)
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (1), before “(2)” there shall be inerted “(1A),” and for the words “used on a road” there shall be substituted the word “registered”.
3
After paragraph (1), there shall be inserted the following paragraph —
1A
In relation to a particular vehicle —
a
a type approval requirement applicable to the vehicle at the date of manufacture shall continue to apply to it until it is registered; and
b
a type approval requirement which is applicable to vehicles as from a date after that vehicle was manufactured shall not apply to the vehicle unless the subject matter of the requirement is the same as that of a requirement applicable to it on the date it was manufactured;
but nothing in this paragraph affects the operation of sub-paragraph (a) or (b) of paragraph (1) in so far as it relates to item 4G of Schedule 1 (exhaust emission requirements).
4
After paragraph (11), there shall be inserted the following paragraph —
12
In this regulation, “prescribed” means prescribed under section 54 and 63(1) of the Road Traffic Act 1988.
Amendments to Schedule 1 (Type Approval Requirements)
5
In Schedule 1 —
a
for items 12A(1), 12A(2) and 12A(3) there shall be substituted the items set out in Schedule 1 to these Regulations;
b
after item 15B there shall be inserted the item set out in Schedule 2 to these Regulations; and
c
after item 17A, there shall be inserted the item set out in Schedule 3 to these Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Kent Healthcare 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 Mid Kent Healthcare 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 Mid Kent Healthcare 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 The Maidstone Hospital, Hermitage Lane, Barming, Maidstone, Kent ME16 9QQ and associated hospitals;
b
to manage community health services provided from The Maidstone Hospital, Hermitage Lane, Barming, Maidstone, Kent ME16 9QQ 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 Maidstone District 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 Maidstone District 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 Maidstone District 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.
Camberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Stockport Borough Council) Order 1992 and shall come into force on 1st January 1993.
Exemption of sports and leisure management
2
The management of sports and leisure facilities by the Stockport Borough Council shall not be treated as a defined activity so long as it is undertaken at the Stockport Grand Central Pool, Station Road, Stockport before 1st September 1993.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
2nd December 1992


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1992.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1992 are as follows —
TABLE OF RATES OF TAX
Portion of value Lower Limit Upper Limit Rate of tax Per cent.
£ £ 0 147,000 NIL 147,000 — 40
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
1
These Regulations may be cited as the Police (Amendment) Regulations 1992.
2
These Regulations shall come into force on 30th March 1992 and shall have effect for the purposes of regulation 3 as from 1st July 1991.
3
The Police Regulations 1987 shall be amended by substituting for the words “£1,269” in regulation 39 (London weighting) and in paragraph 3(2) of Schedule 4 (university scholars' supplementary pay) the words “£1,344”.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
17th February 1992


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 14) Order 1992.
2
The following provisions of the Local Government and Housing Act 1989 shall come into force on 8th May 1992 —
section 19 in so far as it is not already in force,
section 194(1) in so far as it relates to paragraph 30 of Schedule 11.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
9th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Labelling) Amendment Regulations 1992, and shall come into force on 1st January 1993.
2
In these Regulations “the principal Regulations ” means the Medicines (Labelling) Regulations 1976 .
Amendment of regulation 3(1) of the principal Regulations
2
1
Regulation 3(1) of the principal Regulations (interpretation) shall be amended in accordance with the following paragraphs of this regulation.
2
After the definition of “business name” there shall be inserted the following —
“common name” in relation to a relevant medicinal product means the international non-proprietary name, or, if one does not exist, the usual common name;
.
3
After the definition of “medicinal products of the same description” there shall be inserted the following —
“name” in relation to a relevant medicinal product means the name given to the product which may be either an invented name or a common or scientific name, together with a trade mark or the name of the person responsible for marketing the product;
.
4
After the definition of “person responsible for the composition of a medicinal product” there shall be inserted the following —
“product to which Chapters II to V of the 1965 Directive applies” means a medicinal product to which, in accordance with Article 2 of Council Directive 65/65/ EEC as amended , Article 34 of Council Directive 75/319/EEC , Article 1 of Council Directive 89/342/EEC , Article 1 of Council Directive 89/343/EEC and Article 1 of Council Directive 89/381/EEC , Chapters II to V of Council Directive 65/65/EEC apply;
.
5
After the definition of “quantity” there shall be inserted the following —
“relevant medicinal product” means a product to which Chapters II to V of the 1965 Directive applies in respect of which a product licence is granted or renewed on or after 1st January 1994;
.
6
After the definition of “specified publication” there shall be inserted the following —
“strength” in relation to a relevant medicinal product means the content of active ingredient in that product expressed quantitatively per dosage unit, per unit volume or by weight, according to the dosage form;
.
Insertion of regulations 4A, 4B, 4C, 4D and 4E into the principal Regulations
3
After regulation 4 of the principal Regulations there shall be inserted the following regulations —
Standard labelling requirements for containers and packages for medicinal products for human use
4A
1
Except where paragraph (2) or (3) of this regulation applies, containers and packages of relevant medicinal products shall be labelled to show the particulars set out in Schedule 7 to these regulations.
2
Where the container of a relevant medicinal product is not a blister pack and is too small to be labelled to show all of the particulars set out in Schedule 7 to these regulations, it shall nevertheless be labelled to show the particulars set out in paragraphs 1, 4, 6, 9 and 15 of that Schedule.
3
Where the container of a relevant medicinal product is a blister pack and is enclosed within a package which complies with paragraph (1) of this regulation, that container shall be labelled to show the particulars set out in paragraphs 1, 9, 12 and 15 of Schedule 7 to these regulations.
4
Containers and packages of relevant medicinal products may be labelled to show —
a
a symbol or pictogram designed to clarify the particulars set out in Schedule 7 to these regulations;
b
other information compatible with the summary of product characteristics which is useful for health education,
to the exclusion of any element of a promotional nature.
5
In sub-paragraph (b) of paragraph (4) of this regulation, “summary of product characteristics” means the information required to accompany any application for a product licence by virtue of Article 4a of Directive 65/65/EEC which was inserted by Article 1(2) of Directive 83/570/EEC and amended by Article 1(1) and (4) of Directive 89/341/EEC , which expression shall include, where there no such information accompanied the application —
a
the data sheet, if there is one; or
b
if there is no data sheet, the information which would be required to accompany an application for a product licence by virtue of Article 4a of Directive 65/65/EEC .
Standard labelling requirements for containers and packages of radiopharmaceuticals for human use
4B
Containers and packages of products to which Chapters II to V of the 1965 Directive applies which are radiopharmaceuticals shall be labelled to show the particulars set out in Schedule 8 to these regulations in addition to any particulars required by any other provision of these regulations.
General provisions relating to labelling of medicinal products for human use
4C
1
All labelling of containers and packages of relevant medicinal products shall be —
a
legible and indelible;
b
comprehensible; and
b
either in the English language only or in English and in one or more other languages provided that the same particulars appear in all the languages used.
2
Where the holder of a product licence for a relevant medicinal product proposes to alter the labelling relating to it in any respect as to which regulation 4A of these regulations imposes a requirement (not being an application made in connection with the grant or variation of a product licence), he shall notify the licensing authority in writing of such proposed alteration and, unless the licensing authority has earlier notified him that it does not approve the altered labelling, he may, after the expiry of 90 days from the date of notification by him, supply the product, or cause the product to be supplied, with the altered labelling.
Special requirements for the labelling of the name of medicinal products for human use
4D
1
In any case where —
a
a relevant medicinal product is available in more than one pharmaceutical form or in more than one strength; and
b
the name of that product does not include the pharmaceutical form and the strength of the product,
in a place where the label prominently shows the name of the product there shall be added immediately after the name, in the same style and size of letters as the name, a statement of the pharmaceutical form or strength of that product; and in this paragraph “strength” means the suitability of the product for a baby, child or adult.
2
The requirement for a container or package of a relevant medicinal product to be labelled to show its name is not met by the container or package being labelled to show an invented name which is liable to be confused with the common name.
Application of particular regulations
4E
Regulations 5 to 8, 11, 12, 14D and E, 15 to 17, 18(2) and 19 of these regulations shall not apply in relation to relevant medicinal products.
.
Insertion of Schedules 7 and 8 into the principal Regulations
4
After Schedule 6 to the principal Regulations, there shall be inserted the following Schedules —
SCHEDULE 7
STANDARD LABELLING REQUIREMENTS FOR CONTAINERS AND PACKAGES OF MEDICINAL PRODUCTS FOR HUMAN USE
Regulation 4A(1)
1
The name of the product followed, where the product contains one active ingredient and its name is an invented name, by the common name.
2
A statement of the active ingredients of the product expressed qualitatively and quantitatively per dosage unit or according to the form of administration for a given volume or weight, using the common names of the ingredients.
3
The pharmaceutical form of the product.
4
The contents of the product by weight, by volume or by number of doses of the product.
5
A list of excipients known to have a recognised action or effect. In relation to products which are injectable or are topical or eye preparations, all excipients.
6
The method and, if necessary, the route of administration of the product.
7
A special warning that the product must be stored out of reach of children.
8
Any special warning required by the product licence for the product concerned.
9
The expiry date of the product (stating the month and year) in clear terms.
10
Any special storage precautions for the product.
11
Any special precautions for the disposal of any unused products or waste materials derived from such products.
12
The name of the holder of the product licence of the product.
13
The address of the holder of the product licence of the product.
14
Any product licence number as allocated by the licensing authority which relates to the product preceded by the letters “PL” in capital letters or other abbreviation of the expression “product licence”.
15
The manufacturer’s batch reference.
16
Where a product is intended for self-medication, any instruction on the use of the product.
SCHEDULE 8
STANDARD LABELLING REQUIREMENTS FOR CONTAINERS AND PACKAGES OF RADIOPHARMACEUTICALS FOR HUMAN USE
Regulation 4B
1
The container and the package shall be labelled in accordance with the 1985 Edition (as amended in 1990) of the Regulations for the Safe Transport of Radioactive Materials recommended by the International Atomic Energy Agency.
2
The labelling on the shielding shall explain in full the codings used on the vial and shall indicate, where necessary, for a given time and date, the amount of radioactivity per dose or per vial and the number of capsules, or for liquids, the number of millilitres in the container.
3
The vial shall be labelled to show —
a
the name or code of the medicinal product, including the name or chemical symbol of the radionuclide;
b
the international symbol for radioactivity;
c
the name of the manufacturer; and
d
the amount of radioactivity as specified in paragraph 2 above.
.
Virginia Bottomley
Secretary of State for Health
21st December 1992
David Hunt
Secretary of State for Wales
21st December 1992
Fraser of Carmyllie
Minister of State, Scottish Office
21st December 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 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 18th December 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th December 1992.
W. J. Hodges
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire Community Healthcare 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 Cheshire Community Healthcare 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 Cheshire Community Healthcare 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 Cranage Hall Hospital, Cranage, Crewe CW4 8EG and associated hospital;
b
to manage community health services provided from Barony Hospital, Nantwich, Cheshire CW5 5QW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 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 Crewe District 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 Crewe District 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 Crewe District 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
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Royal 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 Gloucestershire Royal 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 Gloucestershire Royal 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 Gloucestershire Royal Hospital, Great Western Road, Gloucester GL1 3NN and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Gloucestershire 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 Gloucestershire 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 Gloucestershire 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
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Dioxins) (England) Order 1992 and shall come into force on 20th March 1992.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, circumstances exist whereby creatures and crops in the area designated in article 3 below may be contaminated by dioxins or other poisonous substances and are likely to create a hazard to human health if food derived from them is consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Prohibitions
4
1
No person shall cause or permit the breeding in the designated area of any creature from which food could be derived.
2
No person shall move into or out of the designated area any creature from which food could be derived.
3
No person shall move out of the designated area —
a
any food derived from a creature which is or has been in the designated area;
b
any thing from which food could be derived, which is derived from a creature which is or has been in the designated area;
c
any food derived from any crop grown in the designated area;
d
any thing from which food could be derived, which is derived from any crop grown in the designated area.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food
19th March 1992.


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1992 and shall come into force on 15th February 1992.
Amendment of the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986
2
The Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 shall be amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 , Council Regulation (EEC) No. 2220/89 , Council Regulation (EEC) No. 4056/89 and Council Regulation (EEC) No. 3500/91 ;
Revocation
3
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1990 is hereby revoked.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
7th February 1992
David Hunt
Secretary of State for Wales
10th February 1992
Peter Brooke
Secretary of State for Northern Ireland
13th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Disability Living Allowance) Amendment Regulations 1992 and shall come into force on 6th April 1992.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
2
1
The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 8 (hospitalisation), in paragraph (3)–
a
in the definition of “National Health Service trust” for the words “to it by the NHS Act of 1990” there shall be substituted the words “by section 5 of the NHS Act of 1990 and section 12A of the NHS Act of 1978”; and
b
at the end of the definition of “recognised fund-holding practice” there shall be added the words “and section 87A of the NHS Act of 1978”.
3
In regulation 9 (persons in certain accommodation other than hospitals)–
a
in paragraph (1), for the words from “paragraph (2)” to “paragraphs (3) to (5)” there shall be substituted the words “paragraphs (2) to (5)”;
b
for paragraph (2) there shall be substituted the following paragraph–
2
Subject to paragraph (2A), paragraph (1) shall not apply in the case of a child who–
a
has not attained the age of 16 and is being looked after by a local authority; or
b
has not attained the age of 18 and to whom–
i
section 17(10)(b) of the Children Act 1989 (impairment of health and development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him, or
ii
section 17(10)(c) of the Act of 1989 (disability) applies; or
c
who is accommodated outside the United Kingdom and the cost of the accommodation is or may be borne wholly or partly by a local authority pursuant to their powers under section 3A of the Education Act 1981 .
;
c
after paragraph (2) there shall be inserted the following paragraph–
2A
Sub-paragraphs (a) and (b) of paragraph (2) shall only apply during any period during which the local authority looking after the child place him in a private dwelling with a family, or a relative of his, or some other suitable person.
; and
d
at the beginning of paragraph (3) there shall be inserted the words “paragraph (1)(b), in so far as it relates to enactments relating to persons under disability or to education or training not referred to in sub-paragraph (a), and”.
4
In regulation 10 (exemption from regulations 8 and 9), for paragraph (4)(b) there shall be substituted the following sub-paragraph–
b
would, but for this regulation, be prevented from receiving the care component of a disability living allowance by reason of regulation 9(1).
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
10th March 1992