text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) Regulations 1992 and shall come into force on 1st April 1992.
2
For the purposes of these Regulations —
a
unless the context otherwise requires, any reference to a section or a Schedule is a reference to a section of or a Schedule to the Local Government Finance Act 1992; and
b
a dwelling is exempt if it belongs to a class prescribed by an order made by the Secretary of State under section 4(2).
3
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the appropriate percentage” means 25 per cent. or, if the Secretary of State has made an order under section 11(3) providing for a different appropriate percentage in relation to the financial year in question, the percentage specified in the order;
“the authority’s list” means the copy of the authority’s valuation list deposited by it under section 22(8);
“chargeable dwelling” means any dwelling in respect of which council tax is payable.
Application of rules
2
The rules contained in these Regulations are to apply to the making for any financial year beginning on or after 1st April 1993 of the calculations required by item T in sections 33(1) and 44(1) and item TP in sections 34(3), 45(3) and 48(3) and (4).
Calculation of billing authority’s council tax base
3
1
For the purposes of item T in section 33(1), a billing authority’s council tax base for a financial year shall be calculated by applying the formula —
A × B
where —
A is the total of the relevant amounts for that year for each of the valuation bands which is shown or is likely to be shown for any day in that year in the authority’s valuation list as applicable to one or more dwellings situated in its area;
B is the authority’s estimate of its collection rate for that year.
2
A billing authority shall estimate its collection rate for a financial year for the purposes of paragraph (1) above by estimating the aggregate of the amounts which are likely to be paid to the authority as mentioned in sub-paragraph (a) below or transferred to its collection fund as mentioned in sub-paragraph (b) below, less any amounts which are likely to be transferred from its collection fund as mentioned in that sub-paragraph, in that or any other financial year, expressed as a proportion of its estimate of the aggregate of —
a
the total of any amounts in respect of council tax for that year which are payable to the authority under the Local Government Finance Act 1992 less the total of any council tax reductions for that year falling within paragraph (3)(a) or (b) below; and
b
the total of any amounts in respect of council tax reductions which are transferable for that year to the authority’s collection fund pursuant to directions under section 98(5) of the 1988 Act less the total of any such amounts which are transferable for that year from the authority’s collection fund pursuant to directions under section 98(4) of the 1988 Act.
3
For the purposes of paragraph (2) above, “council tax reductions” means any amount —
a
by which the amount a person is liable under the Local Government Finance Act 1992 to pay in respect of council tax is reduced pursuant to regulations under section 138 of the Social Security Administration Act 1992;
b
which an authority determines pursuant to paragraph 6 or 7 of Schedule 2 that a person is not required to pay; or
c
by which the amount a person is liable to pay in respect of council tax is reduced pursuant to regulations under section 13.
Calculation of the relevant amounts for the financial year beginning on 1st April 1993
4
1
For the purposes of regulation 3, the relevant amount for the financial year beginning on 1st April 1993 (“the year”) for a valuation band (“the band”) is the amount found by applying the formula —
( C - ( D × E ) ) F G
where —
C is the number of chargeable dwellings in the area of the billing authority which will be listed in the band calculated by the authority in accordance with paragraphs (2), (3) and (5) below;
D is the number of discounts to which the council tax payable in respect of such dwellings will be subject estimated by the authority in accordance with paragraphs (4) to (6) below;
E is the appropriate percentage;
F is the number which, in the proportion set out in section 5(1), is applicable as regards the year to dwellings listed in the band;
G is the number which, in that proportion, is applicable as regards the year to dwellings listed in valuation band D.
2
Subject to paragraphs (3) and (5) below, the authority shall calculate the number of chargeable dwellings for the purposes of item C in paragraph (1) above by —
a
ascertaining the number of dwellings listed in the band in the copy of the valuation list which the listing officer for the authority proposes to compile and which he has sent to the authority pursuant to section 22(5)(b);
b
adding to the number ascertained in accordance with sub-paragraph (a) above the authority’s estimate of the number of dwellings which do not fall within that sub-paragraph but which will be listed in the band in the authority’s list for the whole or part of the year;
c
subtracting from the resulting number the authority’s estimate of —
i
the number of dwellings falling within sub-paragraph (a) above which will not be listed in the band in the authority’s list for the whole or part of the year; and
ii
the number of dwellings falling within sub-paragraph (a)
or (b) above which will be exempt at any time in the year during a period for which they will be listed in the band in the authority’s list.
3
For the purposes of paragraph (2) above, in any case where —
a
the person who is liable to pay council tax in respect of a dwelling is liable to pay a reduced amount pursuant to regulations under section 13; and
b
the reduced amount is calculated by reference to a different valuation band from the band in which it is listed; the authority shall treat the dwelling as being listed in the different valuation band for the period in respect of which the calculation is made.
4
Subject to paragraphs (5) and (6) below, the authority shall estimate the number of discounts for the purposes of item D in paragraph (1) above by treating the amount of council tax payable in respect of a dwelling which for the whole or part of the year —
a
will be subject to a discount equal to the appropriate percentage of that amount as subject to one discount; and
b
will be subject to a discount equal to twice the appropriate percentage as subject to two discounts.
5
Where it appears to the authority likely that —
a
a dwelling will be listed in a band in the authority’s list, or will not be so listed, for part of the year;
b
a dwelling will be exempt for part of the year during a period for which it will be listed in a band in the authority’s list; or
c
the amount of council tax payable in respect of a dwelling will be subject to a discount for part of the year equal to the appropriate percentage;
the authority shall, for the purposes of making any of the estimates referred to in paragraph (2) or (4) above, treat such a dwelling or discount as a fraction produced by dividing the number of days in that part of the year by the number of days in the year.
6
Where it appears to the authority likely that the amount of council tax payable in respect of a dwelling will be subject to a discount for part of the year equal to twice the appropriate percentage, the authority shall, for the purpose of making the estimate referred to in paragraph (4) above, treat the discount as equal to twice the fraction produced by dividing the number of days in that part of the year by the number of days in the year.
Calculation of the relevant amounts for a financial year beginning on or after 1st April 1994
5
1
For the purposes of regulation 3, the relevant amount for a financial year beginning on or after 1st April 1994 (“the year”) for a valuation band (“the band”) is the amount found by applying the formula —
( H - ( I × E ) + J ) F G
where —
H is the number of chargeable dwellings in the area of the billing authority listed in the band on the relevant day calculated by the authority in accordance with paragraph (2) below;
I is the number of discounts to which the council tax payable in respect of such dwellings was subject on the relevant day estimated by the authority in accordance with paragraphs (4) and (5) below;
E is the appropriate percentage;
J is the amount of any adjustment in respect of changes in the number of chargeable dwellings or discounts calculated by the authority in accordance with paragraph (6) below;
F is the number which, in the proportion set out in section 5(1), is applicable as regards the year to dwellings listed in the band;
G is the number which, in that proportion, is applicable as regards the year to dwellings listed in valuation band D.
2
The authority shall calculate the number of chargeable dwellings for the purposes of item H in paragraph (1) above by deducting from the number of dwellings listed in the band on the relevant day its estimate of the number of such dwellings which were exempt on that day.
3
For the purposes of paragraph (2) above, the authority shall ascertain the number of dwellings listed in any valuation band by reference to —
a
the state on the relevant day of the authority’s list, including any alterations of the list which were shown as having effect on that day; and
b
any alterations of the valuation list maintained by the listing officer for that authority which were not shown on the authority’s list but of which the authority had been informed by the listing officer and which had effect on that day.
4
The authority shall estimate the number of discounts for the purposes of item I in paragraph (1) above by treating the amount of council tax payable in respect of a dwelling which —
a
was subject to a discount equal to the appropriate percentage of that amount as subject to one discount; and
b
was subject to a discount equal to twice the appropriate percentage as subject to two discounts.
5
The authority shall make the estimates required for the purposes of items H and I in paragraph (1) above on the basis of all the information available to the authority on the relevant day.
6
The authority shall calculate the amount of any adjustment for the purposes of item J in paragraph (1) above as equal to the amount by which the number which the authority calculates in accordance with paragraph (7) below exceeds the number which the authority calculates in accordance with paragraph (8) below; and if there is no such excess, the adjustment shall be nil or, as the case may be, a negative amount.
7
Subject to paragraph (10) below, the authority shall calculate the aggregate of —
a
the authority’s estimate of the number of chargeable dwellings which are not ascertained for the purposes of paragraph (2) above as listed in the band on the relevant day but which will be listed in the band for the whole or part of the year; and
b
the number calculated by applying the formula —
K × E
where —
K is the authority’s estimate of the number of discounts taken into account for the purposes of item I in paragraph (1) above which will not apply for the whole or part of the year;
E is the appropriate percentage.
8
Subject to paragraph (10) below, the authority shall calculate the aggregate of —
a
the authority’s estimate of the number of chargeable dwellings which are ascertained for the purposes of paragraph (2) above as listed in the band on the relevant day but which will not be listed in the band for the whole or part of the year or will be exempt at any time in the year or that part of the year for which they will be listed; and
b
the amount calculated by applying the formula —
L × E
where —
L is the number of discounts, other than any discounts taken into account for the purposes of item I in paragraph (1) above, to which the amount of council tax payable in respect of dwellings taken into account for the purposes of item H in paragraph (1) above or falling within paragraph (7)(a) above will be subject for the whole or part of the year, estimated by the authority in accordance with paragraph (4) above;
E is the appropriate percentage.
9
Paragraph (3) of regulation 4 shall apply for the purposes of making any of the calculations or estimates referred to in paragraphs (2), (7) and (8) above as it applies for the purposes of paragraph (2) of regulation 4.
10
Paragraphs (5) and (6) of regulation 4 shall apply for the purposes of making any of the estimates referred to in paragraphs (7) and (8) above as they apply for the purposes of the estimates referred to in paragraphs (2) and (4) of regulation 4.
11
For the purposes of this regulation, the relevant day is 30th November in the financial year preceding that for which the relevant amount is calculated.
Calculation of billing authority’s council tax base for a part of its area
6
1
For the purposes of item TP in section 34(3), a billing authority’s council tax base for a part of its area for any financial year (“the year”) shall be calculated by applying the formula —
M × N M + O
where —
M is the unscaled council tax base for that part of the authority’s area for the year;
N is the authority’s council tax base for the year for the purposes of item T in section 33(1);
O is the unscaled council tax base for the remaining part of the authority’s area for the year.
2
For the purposes of paragraph (1) above, the unscaled council tax base for a part of a billing authority’s area for the year shall be calculated in accordance with the rules contained in regulations 3 and 4 or, as the case may be, 5 but, for these purposes, —
a
any reference to dwellings shall be construed as a reference to dwellings situated in the part of the authority’s area for which its council tax base is being calculated;
b
item B in regulation 3 is the amount determined for that item for the purposes of the calculation required by item T in section 33(1); and
c
in regulation 5, the relevant day in respect of the year is —
i
where the authority determines the amount for item TP in section 34(3) in the period beginning on 1st December and ending on 31st January in the preceding financial year, 30th November in the preceding financial year; and
ii
in any other case, the day on which the authority calculates the relevant amount for the year for the purposes of item TP in section 34(3).
Calculation of council tax base for the purposes of a major precepting authority
7
1
For the purposes of item T in section 44(1) and item TP in section 45(3), the council tax base for a billing authority’s area for any financial year shall be calculated in accordance with the rules contained in regulations 3 and 4 or, as the case may be, 5 and, for these purposes, item B in regulation 3 and items C and D in regulation 4 or, as the case may be, items H, I and J in regulation 5 are the amounts determined for those items for the purposes of the calculation required by item T in section 33(1).
2
For the purposes of item T in section 44(1) and item TP in sections 45(3) and 48(3) and (4), the council tax base for a part of a billing authority’s area for any financial year shall be calculated in accordance with the rules contained in regulation 6 and, for these purposes, where the council tax base for that year for that part of the billing authority’s area has been calculated for the purposes of item TP in section 34(3), items C and D in regulation 4 or, as the case may be, items H, I and J in regulation 5 are the amounts determined for those items for the purposes of the calculation required by item TP in that subsection.
Prescribed period
8
The period beginning on 1st December and ending on 31st January in the financial year preceding that for which the calculation of the council tax base is made is hereby prescribed for the purposes of item T in sections 33(1) and 44(1) and item TP in sections 45(3) and 48(3) and (4).
Determination of billing authority’s council tax base
9
1
Item T in section 33(1) shall, in any case where a billing authority fails to notify its calculation for a financial year to each of the major precepting authorities concerned within the period prescribed in regulation 8, be determined by those authorities in the following manner.
2
In any case where the billing authority has notified its calculation to one or more of the major precepting authorities concerned, item T shall be determined as the amount so notified by each of the major precepting authorities concerned.
3
Subject to paragraph (5) below, in any other case item T shall be determined in accordance with the rules contained in regulations 3 and 4 or, as the case may be, 5, on the basis of all the information available to the major precepting authority making the determination but, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
4
A major precepting authority making a determination of item T for a financial year in accordance with paragraph (3) above shall have regard to, in particular, —
a
except in the case of the determination of item T for the financial year beginning on 1st April 1993, the amount of the billing authority’s council tax base determined for item T for the preceding financial year; and
b
any amount calculated as the billing authority’s council tax base for the financial year in question by the Secretary of State for the purposes of the distribution of revenue support grant under Part V of the 1988 Act .
5
Where one of the major precepting authorities concerned (“the first authority”) has made a determination of item T for a financial year in accordance with paragraph (3) above, item T shall be determined by the other major precepting authorities concerned as the amount determined by the first authority.
6
In this regulation, “the major precepting authorities concerned” are any major precepting authorities which have power to issue precepts to the billing authority.
Determination of council tax base for the purposes of a major precepting authority
10
1
Item T in section 44(1) or, as the case may be, item TP in section 45(3) or 48(3) or (4) shall, in any case where one or more of the billing authorities concerned fails to notify any calculation required by those items for a financial year to a major precepting authority within the period prescribed in regulation 8, be determined by the major precepting authority in the following manner.
2
In any case where one or more of the amounts required to be calculated by the item in question (a “required amount”) is notified to the major precepting authority within the period prescribed in regulation 8, the item shall be equal to the aggregate of such amounts and any other required amounts determined in accordance with paragraph (4) or, as the case may be, (5) below.
3
In any other case the item in question shall be equal to the aggregate of the required amounts determined in accordance with paragraph (4) or, as the case may be, (5) below.
4
Where the required amount is the amount of a billing authority’s council tax base, the required amount shall be equal to the amount determined for item T in section 33(1) for the financial year in question.
5
Where the required amount is the amount of a billing authority’s council tax base for a part of its area, the required amount shall be calculated in accordance with the rules contained in regulation 6 on the basis of all the information available to the major precepting authority making the determination and, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
6
In this regulation, “the billing authorities concerned” are any billing authorities to which the major precepting authority issues precepts for the financial year in question.
Michael Heseltine
Secretary of State for the Environment
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment (No. 2) Regulations 1992 and shall come into force on 13th January 1993.
2
In these Regulations “the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 .
Amendment of regulation 2 of the Overlapping Benefits Regulations
2
In regulation 2 of the Overlapping Benefits Regulations (interpretation), after the definition of “the Act” there shall be inserted the following definition —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
Amendment of regulation 4 of the Overlapping Benefits Regulations
3
1
For the heading to regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following heading —
Adjustment of personal benefit under Parts II and III of the Contributions and Benefits Act where other personal benefit under those Parts or graduated retirement benefit is payable
.
2
For paragraph (1) of regulation 4 of the Overlapping Benefits Regulations there shall be substituted the following paragraph —
4
1
Subject to paragraphs (2), (3) and (4) and regulation 12, an adjustment shall be made in accordance with paragraph (5) where either —
a
two or more personal benefits (whether of the same or a different description) are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act (which relate to benefits other than industrial injuries benefits) for any period; or
b
graduated retirement benefit is payable under sections 36 and 37 of the National Insurance Act 1965 together with one or more personal benefits (whether of the same or a different description) which are, or but for this regulation would be, payable under Parts II and III of the Contributions and Benefits Act for any period.
.
Amendment of regulation 10 of the Overlapping Benefits Regulations
4
In regulation 10(1) of the Overlapping Benefits Regulations after sub-paragraph (h) there shall be added the following sub-paragraph —
i
graduated retirement benefit,
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
15th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Merseyside Transport Limited) Regulations 1992 and shall come into force on 8th January 1993, but regulation 2 shall have effect from 1st April 1990.
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“ the Company ” means Merseyside Transport Limited;
“ the Council ” means Wirral Borough Council;
“ the Executive ” means Merseyside Passenger Transport Executive;
“ the Fund ” means the superannuation fund maintained by the Council;
“the principal Regulations ” means the Local Government Superannuation Regula tions 1986 .
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Pensions increase
2
1
In its application to a pension (within the meaning of the 1971 Act) which has become payable to or in respect of a person in relation to service ending with service which was with the Company, Schedule 3 to the 1971 Act and regulation P14 of the principal Regulations shall have effect as if any reference to the last employing authority were a reference to the Company.
2
Regulation 4 of the Pensions Increase (Local Authorities' etc. Pensions) Regulations 1974 shall cease to have effect in the case of a pension which is payable in respect of service ending with service which was with the Company.
Amendment of actuary’s certificate
3
1
The Council shall as soon as reasonably practicable obtain from the Fund’s actuary a certificate specifying an individual adjustment of the common rate of employer’s contributions in the case of the Executive for the year beginning with 1st April 1992 (“the new certificate”).
2
The actuary, in specifying an individual adjustment of the common rate of employer’s contributions for the purposes of the new certificate, —
a
shall have regard to the provisions of the principal Regulations and regulation 2 of these Regulations;
b
shall not take into account the cost of any increase of a pension under the 1971 Act in relation to any person whose service ends with service with the Company after 31st March 1990; and
c
shall treat any contributions paid by the Executive to the Fund as not having been paid in respect of any such cost.
3
The Council shall, upon receiving the new certificate, send a copy of it to the Secretary of State and to the Executive.
4
The certificate under regulation P6 obtained by the Council in respect of the period of 3 years beginning with 1st April 1990 (“the old certificate”) shall have effect in the case of the Executive for the last year of that period as if the common rate of employer’s contribution specified in the old certificate were increased or reduced, as the case may be, by the amount of the individual adjustment specified in the new certificate.
Contributions to the Fund by the Executive
4
The Executive, in the year beginning with 1st April 1993 and in any subsequent year, —
a
shall pay to the Fund contributions in relation to any person whose service ended with service with the Company in the period beginning with 26th October 1986 and ending with 31st March 1990, in respect of the cost of that part of any increase of that person’s pension under the 1971 Act which is attributable to that person’s service with the Executive before 26th October 1986;
b
shall not pay to the Fund contributions in respect of the cost of any increase of a pension under the 1971 Act in relation to any person whose service ends with service with the Company after 31st March 1990; and
c
shall be treated by the Fund’s actuary as if any contributions previously paid by the Executive were not contributions such as are mentioned in paragraph (b) above.
Contributions to the Fund by the Company
5
The Company shall pay to the Fund in the year beginning with 1st April 1993 and in any subsequent year contributions in respect of —
a
in relation to any person whose service ends with service with the Company after 31st March 1990, the cost of any increase of a pension under the 1971 Act; and
b
in relation to any person whose service ended with service with the Company in the period beginning with 26th October 1986 and ending with 31st March 1990, the cost of that part of any increase of that person’s pension under the 1971 Act which is attributable to that person’s service with the Company during that period.
Michael Howard
Secretary of State for the Environment
16th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Folkestone and District Water Company (Constitution and Regulation) Order 1992 and shall come into force on 23rd June 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 23rd June 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 23rd June 1992.
Signed by authority of the Secretary of State
David Maclean
Minister of State,
Department of the Environment
26th May 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 and shall come into force on 5th February 1992.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“managed woodland” means a minimum area of at least one hectare for which within two years of the commencement of the agreement the farmer obtains approval for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 ;
“meadowland” means land primarily used for the production of hay and silage;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Pennine Dales in the Counties of Cumbria, Durham, North Yorkshire and Northumberland which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Pennine Dales environmentally sensitive area” dated 13th January 1992 signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW 1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as adebt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
The Minister shall make payments under an agreement at the rate of £140 per annum for each hectare of meadowland to which the agreement relates and at a rate of £70 per annum for each hectare of land other than meadowland to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 or Schedule 3, the Minister shall make payments at the rate of £200 per annum for each hectare of meadowland which under the agreement is subject to the provisions of Schedule 2, and at the rate of £25 per annum for each hectare of managed woodland which under the agreement is subject to the provisions of Schedule 3.
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Minister shall make payments according to the operations which are carried out at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4000 per agreement.
Revocation and saving
7
The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1986 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 31st December 1991.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
We consent
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 1992


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Artificial Insemination (Cattle and Pigs) (Fees) (Amendment) Regulations 1992 and shall come into force on 12 November 1992.
2
In these Regulations “the principal Regulations”means the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 3 (payment of fees) —
a
in paragraph (1) there shall be inserted at the beginning the words “Subject to paragraph (1A) below,”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
Where —
a
an examination in connection with an application for a licence referred to in paragraph 5, 6 or 7 of Schedule 1 or an examination referred to in paragraph 13, 15 or 16 of that Schedule is carried out on premises on the same occasion as such an examination on other premises within a five mile radius of the first-mentioned premises, and
b
the fees payable under paragraph (1) above in respect of both applications or examinations are payable by the same person, the fee payable in connection with the application for a licence of the second-mentioned premises or the examination of the second-mentioned premises, as the case may be, shall be reduced by £29 plus one third of the remainder of the sum that would otherwise have been payable.
4
For the provisions of Schedule 1 (fees in respect of matters arising under the principal cattle Regulations) there shall be substituted the provisions of Schedule 1 to these Regulations.
5
For the provisions of Schedule 2 (fees in respect of matters arising under the principal pig Regulations) there shall be substituted the provisions of Schedule 2 to these Regulations. Revocation
6
The Artificial Insemination (Cattle and Pigs) (Fees) (Amendment) Regulations 1988 are hereby revoked.
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
12th October 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th October 1992
David Hunt
Secretary of State for Wales
9th October 1992
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
15th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1992 and shall come into force on 1st April 1992 (“the commencement day”).
Increase of allowances
2
1
The Local Authorities (Members' Allowances) Regulations 1991 shall be amended as follows.
2
In regulation 12(c) (special responsibility allowance), for “£7,500” there shall be substituted, in relation to any year beginning on or after the commencement day, “£8,000”.
3
In regulation 17(2) (allowance in respect of conferences and meetings) for “£22.80” there shall be substituted, in relation to attendance at a conference or meeting on or after the commencement day, “£24.35”.
4
In regulation 18(1) (attendance allowance) for “£22.80” there shall be substituted, in respect of an approved duty performed on or after the commencement day, “£24.35”.
5
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after the commencement day–
a
in paragraph (a) for “£19.25” there shall be substituted “£20.70”; and
b
in paragraphs (b) and (c), for “£38.50” there shall be substituted “£41.40”.
6
For the Table in the Schedule, there shall, in relation to a year beginning on or after the commencement day, be substituted the following–
Table
(1) (2) Authority or description of authority Amount £
A county council 2,955 A metropolitan district council 2,955 Each of the following non-metropolitan district councils: Bristol, Cardiff, Derby, Kingston-upon-Hull, Leicester, Luton, Milton Keynes, Northampton, Nottingham, Plymouth, Portsmouth, Southampton, Stockton-on-Tees, Stoke-on-Trent, Swansea, Thamesdown, Warrington, Woodspring 2,085 Any other non-metropolitan district council 1,450 A London borough council 2,955 A joint authority 930 The Council of the Isles of Scilly 1,450
Michael Heseltine
Secretary of State for the Environment
5th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
1
These Regulations may be cited as the Education (Financial Delegation for Primary Schools) (Amendment) Regulations 1992 and shall come into force on 30th September 1992.
2
Regulation 1(2) of the Education (Financial Delegation for Primary Schools) Regulations 1991 is hereby revoked and, accordingly, with effect from the coming into force of these Regulations, those Regulations shall apply to both England and Wales.
David Hunt
Secretary of State for Wales
13th January 1992


text:
PART I
GENERAL
Citation and interpretation
1
1
This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 5 and Transitional Provisions and Savings) Order 1992.
2
In this Order: —
“the 1950 Act ” means the Public Utilities and Street Works Act 1950 ;
“the 1980 Act ” means the Highways Act 1980 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991;
“special road authority” has the same meaning as in section 16(4) of the 1980 Act;
“special road” has the same meaning as in the 1980 Act;
“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works.
Commencement of certain provisions of the 1991 Act
2
1
The provisions of the 1991 Act specified in the first column of Schedule 1 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 28th November 1992.
2
The provisions of the 1991 Act specified in the first column of Schedule 2 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st January 1993.
3
The provisions of the 1991 Act specified in the first column of Schedule 3 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st April 1993.
PART II
TRANSITIONAL PROVISIONS AND SAVINGS
Advance notice of certain works
3
1
An undertaker who has submitted a plan and section of works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have given an advance notice of works for the purposes of section 54 of the 1991 Act.
2
An undertaker who has submitted a plan and section of the works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have settled a plan and section of the works for the purposes of Schedule 4 to the 1991 Act.
Notice of starting date of works
4
An undertaker who has given a notice under section 6(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of starting date of works for the purposes of section 55 of the 1991 Act.
Notice of emergency works
5
An undertaker who has given a notice relating to the execution of emergency works under section 6(5) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of emergency works as required by section 57 of the 1991 Act and the works executed in reliance on such a notice shall be deemed to be emergency works for the purposes of section 57 notwithstanding any of the provisions of section 52 of the 1991 Act.
Restrictions on works following substantial road works
6
A street authority shall not restrict the execution of street works in a highway by notice under section 58 of the 1991 Act during the twelve months following the completion of substantial road works in any case where the highway authority has on or before 31st December 1992 granted consent to an undertaker to break up or open that highway pursuant to section 156(5) of the 1980 Act.
Protected streets
7
Where a special road authority (within the meaning of section 16(4) of the 1980 Act) has on or before 31st December 1992 granted to a statutory undertaker consent to lay down or erect apparatus in any land comprised in the route of a special road, the consent of the street authority under section 61 of the 1991 Act for placing that apparatus in a protected street shall not be required.
Works likely to affect other apparatus in the street
8
The provisions of section 69 of the 1991 Act shall not apply to any street works which are in hand on 1st January 1993 or in respect of which any action required under section 26 of the 1950 Act has been taken before that date.
Duty of undertaker to reinstate
9
An undertaker shall not be subject to the provisions of section 70 of the 1991 Act if —
a
the street authority has elected to execute permanent reinstatement in accordance with the provisions of the Third Schedule to the 1950 Act and the undertaker is treated for the purposes of paragraph 5(2) of the said Schedule as having completed his works and such of the permanent reinstatement and making good as by virtue of the 1950 Act he is obliged to execute, provided however that an authority electing to exercise permanent reinstatement as aforesaid may not recover the cost of reinstatement from an undertaker unless the reinstatement has been completed on or before 31st December 1993 and an account has been rendered to the undertaker on or before 31st March 1994; or
b
the undertaker has begun permanent reinstatement on or before 31st December 1992; or
c
the street authority and the undertaker have agreed on or before 31st December 1992 that the street authority should execute permanent reinstatement and the reinstatement is executed in accordance with that agreement.
Measures necessary where apparatus affected by major works
10
The provisions of sections 84(1), (3) and (4) and 85 of the 1991 Act shall not apply in any case where, on or before 31st December 1992, a highway, bridge or transport authority has given to an undertaker a notice of intention to execute works in accordance with paragraph 2(1) of Part I of the Fourth Schedule to the 1950 Act and has accepted that undertaker’s notice given under paragraph 3 of that Schedule as a specification of works and measures necessary to protect the undertaker’s apparatus.
Reinstatement affected by subsequent works
11
Subsections (5) to (8) of section 73 of the 1991 Act shall apply to reinstatements carried out in accordance with section 7 of and the Third Schedule to the 1950 Act.
Savings
12
Notwithstanding the repeal of the 1950 Act by section 168(2) of and Schedule 9 to the 1991 Act, sections 7, 8, 9 and 10 and the Third Schedule to the 1950 Act shall continue to apply to permanent reinstatements begun by an undertaker on or before 31st December 1992 and to permanent reinstatements carried out by a street authority in the circumstances set out in article 9(a) of this Order.
13
Section 10(1) and 12(4) of the 1950 Act shall continue to apply to street works executed by a transport authority or a sewer authority which were begun on or before 31st December 1992.
14
Section 16 of the 1950 Act shall continue in force in relation to agreements to which that section applies which are made on or before 31st December 1992.
15
Section 8 of the 1950 Act shall continue in force until 31st March 1993 in relation to street works whether or not they were begun before 1st January 1993.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
27th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) (No. 2) Order 1992 and shall come into force on the day after the day on which it is made.
2
In this Order–
“ the Act ” means the Financial Services Act 1986; and
“relevant EC market” means a market in a member State which is established under the rules of an investment exchange specified in Part I of Schedule 1 to this Order or which meets the criteria specified in Part II of that Schedule.
Advertisements directed at informing or influencing persons of a particular kind
2
1
Section 57 of the Act shall not apply to an investment advertisement to which it would, apart from this article, otherwise apply if the advertisement may reasonably be regarded as being directed at informing or influencing only persons who fall within any one or more of the following categories–
a
a government, local authority or public authority;
b
persons whose ordinary activities involve them, as principal or as agent, in acquiring, holding, managing or disposing of investments for the purposes of a business carried on by them or whom it is reasonable to expect will, as principal or agent, acquire, hold, manage or dispose of investments for the purposes of such a business;
c
persons whose ordinary business involves the giving of advice which may lead to another person acquiring or disposing of an investment or refraining from so doing; and
2
For the purposes of paragraph (1) of this article–
a
the expression “government, local authority or public authority” has the meaning given in Note (1) to paragraph 3 of Schedule 1 to the Act; and
b
an advertisement may be regarded as directed at informing or influencing a person of a kind specified in paragraph (1) if it is addressed to some other person in his capacity as an employee of that person, and, for these purposes, employment includes employment otherwise than under a contract of service.
3
1
For the purposes of article 2 of this Order, each of the following is an indication that an advertisement is directed at informing or influencing persons of a kind specified in paragraph (1) of that article–
a
the advertisement expressly states that it is directed at persons of a kind specified in article 2(1) of this Order and that it would be imprudent for persons of any other kind to respond to it;
b
the advertisement expressly states that any investment or service to which it relates is available only to persons having professional experience in matters relating to investment;
c
the manner in which the advertisement is disseminated is such that it is unlikely to come to the attention of persons who are not professionally experienced in matters relating to investment; and
d
any invitation or information contained in the advertisement is unlikely to appeal to persons who do not have professional experience in matters relating to investment.
2
None of the indications given in paragraph (1) above is to be taken as showing conclusively that an advertisement is directed as there mentioned and, equally, the fact that an advertisement contains none of those indications is not to be taken to indicate that it is not so directed.
4
1
For the purposes of article 2 of this Order, each of the following is an indication that an advertisement is directed at informing or influencing persons of a kind not specified in paragraph (1) of that article–
a
the advertisement concerns an investment which is likely to be of interest mainly to persons acting in their personal capacity;
b
the minimum amount which may be expended in order to enter into any transaction to which the advertisement relates is sufficiently small that it is unlikely to deter persons who do not have professional experience in matters relating to investment from responding to the advertisement; and
c
the advertisement is a direct offer advertisement within the meaning given to that expression for the purposes of the core rules for the conduct of investment business .
2
None of the indications given in paragraph (1) above is to be taken as showing conclusively that an advertisement is directed as there mentioned and, equally, the fact that an advertisement contains none of those indications is not to be taken to indicate that it is not so directed.
Advertisements required or permitted to be published by exchange or market rules
5
Section 57 of the Act shall not apply to any advertisement relating to any investment falling within any of paragraphs 1 to 5 of Schedule 1 to the Act which is permitted to be traded or dealt in on a relevant EC market or a market established under the rules of an investment exchange specified in Schedule 2 to this Order if the advertisement consists of or of any part of a document which is required or permitted to be published by the rules of the relevant market.
John Redwood
Minister of State,
Department of Trade and Industry
13th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Pensions for Dependants of the Prime Minister or Speaker (Designated Provisions) Regulations 1992.
Designated provisions
2
Sections 13. 13A and 15 of the Parliamentary and other Pensions Act 1972 are designated for the purposes of section 27 of that Act.
Tony Newton
Leader of the House of Commons
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the Grampian Regional Council (Spey Abstraction Scheme) Water Order 1992 and shall come into force on 3rd March 1992.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Grampian Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, prepared in duplicate, docqueted and signed as relative to this Order and marked, “The Grampian Regional Council (Spey Abstraction Scheme) Water Order 1992 Plan of Works” and “The Grampian Regional Council (Spey Abstraction Scheme) Water Order 1992 Part of Work No 1: Proposed Wellhead Chamber, Work No 2: Control Building Incorporating Recording Apparatus for Approved Gauges at Work No 4, Work No 3: Control Building, Work No 4: Chamber containing Approved Gauges” one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Aberdeen;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of sections 2 and 10(3) and (4) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of the Wellfield (Work No 1) take water from the gravels adjacent to the river known as the River Spey in the Moray District of the Grampian Region.
5
1
During the construction of the works the Council may take from the gravels adjacent to the said River Spey such water as they may require for such construction.
2
After the completion of the works the Council shall not take from the said gravels adjacent to the River Spey a quantity of water greater than 27,000 cubic metres in any one day as measured through or over approved gauges (part of Work No 4).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
T. D. Macdonald
Deputy Chief Engineer, Scottish Office
The Scottish Office Environment Department,
27 Perth Street,
Edinburgh
25th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 1(2) of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), in the definition of “week” after the words “except that” there shall be inserted the words “for the purposes of regulation 38(7) it has the meaning assigned to it in regulation 38(8), and”.
Amendment of regulation 37 of the principal Regulations
3
1
Regulation 37 of the principal Regulations (reallocation of contributions for benefit purposes) shall be amended in accordance with the following provisions of this regulation.
2
At the beginning of that regulation there shall be inserted the paragraph number “(1)”.
3
At the end of that regulation there shall be added the following paragraph —
2
Where —
a
an employed earner’s employment commences in one year; and
b
the first payment of earnings in respect of that employment is made in the following year; and
c
earnings in respect of that employment which fall to be paid in that later year are paid at regular intervals,
the contributions paid in respect of the first payment of earnings shall shall, on the application of the employed earner to the Secretary of State, be treated, for the purposes of entitlement to benefit, as paid in respect of the year in which the employment commenced.
.
Amendment of regulation 38 of the principal Regulations
4
1
Regulation 38 of the principal Regulations (treatment of late paid contributions for the purpose of contributory benefits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2)(b) for the words “paragraphs (5) and (6)” there shall be substituted the words “paragraphs (5), (6) and (7)”.
3
In paragraph (5) for the word “Notwithstanding” at the beginning of that paragraph there shall be substituted the words “Except where the provisions of paragraph (7) of this regulation apply and notwithstanding”.
4
For paragraph (7) (treatment of late paid contributions for the purpose of entitlement to maternity allowance) there shall be substituted the following paragraphs —
7
For the purpose of entitlement to maternity allowance, any such contribution as is specified in paragraph (1) of this regulation which is paid within the time specified in paragraph (2)(b) of this regulation shall, for the purpose of determining whether the contribution condition for such allowance is satisfied, be treated as follows —
a
where the period for maternity allowance in relation to the claimant would begin 6 weeks or more before the expected week of confinement —
i
a contribution paid before the beginning of that period, shall be treated as paid on the due date, and
ii
a contribution paid after the beginning of that period, shall be treated as not paid; and
b
where the period for maternity allowance in relation to the claimant would begin less than 6 weeks before the expected week of confinement —
i
a contribution paid before the beginning of the 6th week before the expected week of confinement, shall be treated as paid on the due date, and
ii
a contribution paid after the beginning of the 6th week before the expected week of confinement, shall be treated as not paid.
8
In paragraph (7)(a) and (b) of this regulation —
“the period for maternity allowance” in relation to a claimant means the period which would be the maternity allowance period in relation to that claimant if the contribution condition for such allowance were satisfied;
“week” means a period of 7 days beginning with Sunday.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Horses (Zootechnical Standards) Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
In these Regulations,–
“horse” means a domestic animal of the equine or asinine species or crossbreeds of those species;
“Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, the Secretary of State for Scotland and, in relation to Wales, the Secretary of State for Wales;
“recognised organisation” means an organisation recognised by the Minister for the purposes of these Regulations;
“stud book” means any book, register, file or data medium–
which is maintained by a recognised organisation; and
in which horses are entered or registered with mention of all their known ancestors.
Recognition of organisations and maintenance of stud book
3
1
The Minister may recognise by notice in writing as a recognised organisation any organisation which satisfies the criteria referred to in the Schedule to these Regulations, which recognition may be withdrawn at any time if the criteria are not satisfied.
2
Where recognition is refused or withdrawn the refusal or withdrawal (and the reasons for it) shall be given in writing.
3
A recognised organisation shall maintain or establish a stud book.
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
30th November 1992.
Hector Monro
One of Her Majesty’s Principal Secretaries of State
1st December 1992


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order “the new trunk road” shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
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 HA10/YHRO 34 marked “The A19 Trunk Road (Easingwold Bypass) 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
“the trunk road” means the East of Snaith — Sunderland Trunk Road (A19).
5
This Order shall come into force on 29th May 1992 and may be cited as the A19 Trunk Road (Easingwold Bypass) Order 1992.
Signed by authority of the Secretary of State for Transport
B. J. Billington
Director Network Management and Maintenance
Department of Transport
27th April 1992


text:
1
1
These Regulations may be cited as the Value Added Tax (Refunds in relation to New Means of Transport) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations–
“ the Act ” means the Value Added Tax Act 1983;
“claim” means a claim for refund of tax made pursuant to section 20A of the Act, and “claimant” shall be construed accordingly;
“first entry into service” means the time prescribed in regulations made under section 47A(4) of the Act .
2
A claimant shall make his claim in writing no earlier than one month and no later than fourteen days prior to making the supply of the new means of transport by virtue of which the claim arises.
3
The claim shall be made at, or sent to, any office designated by the Commissioners for the receipt of such claims.
4
The claim shall contain the following information:
a
the name, current address and telephone number of the claimant;
b
the place where the new means of transport is kept and the times when it may be inspected;
c
the name and address of the person who supplied the new means of transport to the claimant;
d
the price paid by the claimant for the supply to him of the new means of transport excluding any tax;
e
the amount of any tax paid by the claimant on the supply to him of the new means of transport;
f
the amount of any tax paid by the claimant on the acquisition of the new means of transport from another member State or on its importation from a place outside the member States;
g
the name and address of the proposed purchaser, the member State to which the new means of transport is to be removed and the date of the proposed purchase;
h
the price to be paid by the proposed purchaser;
i
a full description of the new means of transport including, in the case of motorized land vehicles, its mileage since its first entry into service and, in the case of ships and aircraft, its hours of use since its first entry into service;
j
in the case of a ship, its length in metres;
k
in the case of an aircraft, its take-off weight in kilograms;
l
in the case of a motorized land vehicle powered by a combustion engine, its displacement or cylinder capacity in cubic centimetres, and in the case of an electrically propelled motorized land vehicle, its maximum power output in kilowatts, described to the nearest tenth of a kilowatt; and
m
the amount of the refund being claimed.
5
The claim shall be accompanied by the following documents:
a
the invoice issued by the person who supplied the new means of transport to the claimant or such other documentary evidence of purchase as is satisfactory to the Commissioners;
b
in respect of a new means of transport imported from a place outside the member States by the claimant, documentary evidence of its importation and of the tax paid thereon;
c
in respect of a new means of transport acquired by the claimant from another member State, documentary evidence of the tax paid thereon.
6
The claim shall include a declaration, signed by the claimant or a person authorised by him in that behalf in writing, that all the information entered in or accompanying it is true and complete.
7
The claim shall be completed by the submission to the Commissioners of–
a
the sales invoice or similar document identifying the new means of transport and showing the price paid by the claimant’s customer; and
b
documentary evidence that the new means of transport has been removed to another member State.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
8th December 1992


text:
Citation, commencement and duration
1
1
The Order may be cited as the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Traffic Order 1992 and shall come into force on 9th March 1992.
2
This Order shall remain in force for 18 months and shall then cease to have effect.
General interpretation
2
In this Order:
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“enactment” includes any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” has the same meaning as in Part II of the Transport Act 1985 ;
“pedestrian crossing” means the area comprising a crossing for foot passengers marked on a road in accordance with regulations made under section 25 of the Road Traffic Regulation Act 1984 and all parts of the road indicated in accordance with such regulations as being within the limits of the crossing;
“Schedule” means the Schedule to this Order;
and the expressions “pedal cycle”, “school bus” and “works bus” have the same meaning as in the Traffic Signs Regulations 1981 .
Interpretation of references to a bus lane, a length of road and associated expressions
3
1
In this Order, “bus lane” means the area bounded by —
a
the relevant edge of the carriageway of a length of road specified in the Schedule; and
b
a traffic sign consisting of a longitudinal single white line on the same side of the road as that edge (such a white line being referred to in this Order, in relation to a bus lane, as “the single white line”);
and extending along the whole of that length of road.
2
Without prejudice to the generality of paragraph (1) above, where the single white line marking the boundary of a bus lane is broken by a gap opposite and adjacent to the junction of such a length of road with any other road or at a pedestrian crossing, the boundary shall nevertheless be regarded as continuing unbroken.
3
In this Order —
a
a reference to a length of road specified in the Schedule or a Part of the Schedule is a reference to a length of road described in a single paragraph of the Schedule or that Part of the Schedule;
b
a reference to the relevant edge of the carriageway, in relation to a length of road described in a paragraph of the Schedule, is a reference to the edge on the side of the road indicated by the Schedule;
c
a reference to an adjacent part of the road, in relation to a bus lane, is a reference to an area that is not within the bus lane but is within the carriageway of the length of road which comprises the bus lane.
Application
4
This Order applies to the lengths of road in the London Borough of Haringey specified in the Schedule.
Restriction on use of bus lanes
5
No person shall cause or permit any vehicle to enter or proceed in a bus lane comprised in a length of road specified in —
a
Part I of the Schedule at any time; or
b
Part II of the Schedule between 1600 hours and 1900 hours on Mondays to Fridays inclusive.
Exemptions relating to classes of vehicles and vehicles being used for certain purposes
6
1
Article 5 does not apply to —
a
a vehicle used in the provision of a London bus service;
b
a school bus or a works bus;
c
any other vehicle constructed or adapted to carry more than 11 passengers;
d
any other vehicle which is constructed or adapted for the carriage of disabled persons and those accompanying them and which is being used for the carriage of such persons;
e
a pedal cycle;
f
a licensed cab;
g
a vehicle being used for ambulance, fire brigade or police purposes if the observance of any provision of this Order would hinder the use of the vehicle for the purpose for which it is being used on that occasion;
h
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane.
2
Article 5 does not apply to a vehicle being used in connection with —
a
any building operation or demolition;
b
the removal of any obstruction to traffic;
c
the maintenance, improvement or reconstruction of any road;
d
the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 in or near any road; or
e
the placing, maintenance or removal of any traffic sign;
provided that in all the circumstances it is necessary for the vehicle to enter a bus lane.
Exemptions relating to crossing and turning traffic
7
A person who causes or permits a vehicle to enter a bus lane shall not contravene article 5 if —
a
the vehicle enters a bus lane from a road which does not comprise the bus lane and then forthwith leaves the bus lane through the gap in the single white line situated opposite and adjacent to the junction of that road with a bus lane, or if there is no such gap, at a point opposite that road;
b
the vehicle enters the bus lane from an adjacent part of the road through any gap in the single white line and the forthwith enters a road which lies opposite that gap;\
c
in a case where there is no gap in the single white line opposite and adjacent to junction between the bus lane and a road which does not comprise the bus lane (“the other road”), the vehicle enters the bus lane from an adjacent part of the road which comprises the bus lane and then forthwith enters the other road.
d
the vehicle enters the bus lane from any vehicular accessway or crossing over the footway adjoining the bus lane and then forthwith leaves the bus lane at a point opposite that vehicular accessway or crossing; or
e
the vehicle enters the bus lane from an adjacent part of the road at a point opposite any vehicular accessway or crossing over the footway adjoining a bus lane and forthwith enters that vehicular accessway or crossing.
Exemptions in other circumstances
8
1
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so for the sole purpose of enabling a person suffering from any disability or injury (including blindness) which seriously impairs his ability to walk to, board or alight from that vehicle and the vehicle —
a
does not remain at rest for more than 2 minutes, and
b
in any event, does not remain in the bus lane for longer than necessary for that purpose.
2
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so —
a
in order to prevent an accident and the vehicle then leaves the bus lane as soon as practicable;
b
in order to deliver postal packets addressed to premises adjacent to the bus lane; or
c
in order to collect postal packets from such premises or post office letter boxes adjacent to the bus lane.
3
Article 5 of this Order does not apply to anything done —
a
with the permission or at the direction of a constable in uniform or a traffic warden, or
b
in accordance with any indication given by a traffic sign which has been placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Savings relating to other enactments
9
The prohibition imposed by this Order is in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.
Power to modify or suspend this Order
10
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after —
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,
he may make modifications of any description to this Order or suspend this Order or any provision of this Order.
11
The power to make modifications under article 10 does not extend to making additions to this Order.
Suspensions and Revocations
12
1
The Haringey and Islington (Bus Lane) ( No. 1) Traffic Order 1984 is hereby suspended in so far as it applies to lengths of road in the London Borough of Haringey.
2
The A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Traffic Order 1990 is hereby revoked.
Signed by authority of the Secretary of State for Transport
P. E. Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
28th February 1992


text:
1
The length of the 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 HA 10/2/SWM72 marked “The A4 Trunk Road (Bristol City Boundary to East of Hicks Gate Roundabout) (Detrunking) Order 1992” signed by authority of the Secretary of State and depo sited 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 prin cipal roads and is also classified for the purpose of every other enactment and instrument which refers to high ways classified by the Secretary of State:
iii
“the Trunk Road” means the A4 Trunk Road.
3
This Order shall come into force on 3rd April 1992 and may be cited as the A4 Trunk Road (Bristol City Boundary to East of Hicks Gate Roundabout) (Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director, South West Region,
Department of Transport
26th February 1992


text:
Title and commencement
1
This Order may be cited as the Control of Dogs Order 1992 and shall come into force on 1st April 1992.
Wearing of collars by dogs
2
1
Subject to paragraph (2) below, every dog while in a highway or in a place of public resort shall wear a collar with the name and address of the owner inscribed on the collar or on a plate or badge attached to it.
2
Paragraph (1) above shall not apply to —
a
any pack of hounds,
b
any dog while being used for sporting purposes,
c
any dog while being used for the capture or destruction of vermin,
d
any dog while being used for the driving or tending of cattle or sheep,
e
any dog while being used on official duties by a member of Her Majesty’s Armed Forces or Her Majesty’s Customs and Excise or the police force for any area,
f
any dog while being used in emergency rescue work, or
g
any dog registered with the Guide Dogs for the Blind Association.
Offences
3
The owner of a dog or the person in charge of a dog who, without lawful authority or excuse, proof of which shall lie on him, causes or permits the dog to be in a highway or in a place of public resort not wearing a collar as prescribed in article 2(1) above shall be guilty of an offence against the Animal Health Act 1981.
Seizure of dogs
4
Any dog in respect of which an offence is being committed against this Order may be seized and treated as a stray dog under section 3 of the Dogs Act 1906 or under section 149 of the Environmental Protection Act 1990.
Enforcement
5
1
This Order shall be executed and enforced by the officers of a local authority (and not by the police force for any area).
2
In this article “local authority” and “officer” have the same meaning as in section 149 of the Environmental Protection Act 1990.
Revocations
6
The Orders specified in the Schedule to this Order are hereby revoked to the extent specified in column 3 of that Schedule.
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
16th March 1992.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
19th March 1992
David Hunt
Secretary of State for Wales
17th March 1992


text:
Title and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seeds (Amendment) Regulations 1992 and shall come into force on 5th August 1992.
Amendment
2
1
The Oil and Fibre Plant Seeds Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 4 Part IIA paragraph 3 shall be numbered 3. — (1) and there shall be added the following sub-paragraph —
2
In soya bean,
a
the maximum number of sub-samples within a sample of 5,000 seeds minimum per lot subdivided into 5 sub-samples which have been found to be contaminated by Pseudomonas syringae pv. glycinea shall not exceed 4;
b
the maximum number of seeds contaminated by Diaporthe phaseolorum shall not exceed 15%; and
c
the percentage by weight of inert matter shall not exceed 0.3%.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th June 1992
David Hunt
Secretary of State for Wales
30th June 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Eastern English Channel) (Prohibition of Fishing) Order 1992 and shall come into force on 22nd July 1992.
2
In this Order —
“British fishing boat ” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length ”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“sea area ” means the statistical division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for sole ( Solea vulgaris ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Plaice (Specified Sea Areas) (Prohibition of Fishing) Order 1990 and the Sole (Western English Channel) (Prohibition of Fishing) Order 1990 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th July 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th July 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th July 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
15th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnsley District General Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on4th 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 Barnsley District General 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 Barnsley District General 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 Barnsley District General Hospital, Gawber Road, Barnsley S75 2EP.
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 1 April 1993.
2
The accounting date of the trust shall be 31 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 Barnsley 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 Barnsley 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 Barnsley 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 Norfolk and Suffolk Broads (Extension of Byelaws) Order 1992 and shall come into force on 31st March 1992.
2
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Byelaws
2
1
The byelaws listed in the Schedule hereto shall continue to have effect in relation to the navigation area until 31st March 1993 and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.
2
Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.
Signed by authority of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
5th March 1992


text:
1
This Order may be cited as the Broadcasting (Investment Limit in Nominated Company) Order 1992 and shall come into force on 23rd April 1992.
2
The target investment limit in relation to the aggregate of the shares for the time being held in National Transcommunications Limited, being the nominated company (which ceased to be wholly owned by the Crown on 24th October 1991), under or by virtue of any enactment, by any Minister of the Crown or any nominee of his, is hereby fixed at nil.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th February 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 9th December 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length” in relation to a boat means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No 2930/86 defining characteristics for fishing vessels ;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exceptions
2
1
Subject to paragraph (2) below, fishing for mackerel ( Scomber scombrus ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1) above shall not apply —
a
to any fishing boat whose length exceeds 10 metres,
b
to any fishing boat which is used wholly for fishing with rod and line or by handline,
c
to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits, or
d
to fishing within that part of the sea area ICES Statistical Sub-area II which lies within British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd October 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd October 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd October 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
22nd October 1992


text:
Citation and commencement
1
This Order may be cited as the Loch Morar and River Morar Protection Order 1992 and shall come into force on 7th October 1992.
Interpretation
2
In this Order —
“freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ;
“the map” means the map marked “Area of the Loch Morar and River Morar Protection Order 1992”, signed on behalf of the Secretary of State for Scotland and deposited in the office of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Prohibition of fishing without legal right or written permission
3
Fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 hereof, without legal right or without written permission from a person having such a right, is hereby prohibited.
Prescribed area
4
The prescribed area, which lies in Highland Region, shall be that part of the catchment area of the River Morar comprising —
a
Loch Morar and its banks; and
b
the River Morar and its banks between the point where the river leaves Loch Morar and the seaward side of the pool in the river known as the Sea Pool
and is delineated by a continuous blue line on the map.
David R. Dickson
Assistant Secretary, Scottish Office
Scottish Office Agriculture and Fisheries Department,
Pentland House,
Edinburgh
25th September 1992


text:
Title and commencement
1
This Order may be cited as the Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1992 and shall come into force on 15th July 1992.
Fees
2
1
There shall be paid in respect of each transaction described in column (1) of the Schedule the fee specified in column (2) of the Schedule.
2
In the case of the transactions in items 1 and 2 of the Schedule the fee shall be paid to the appropriate Minister.
3
In the case of other transactions in the Schedule the fee shall be paid to the Minister.
4
In the case of a transaction numbered 1, 2(a), 2(b), 2(d) or 5 in the Schedule the fee shall be paid by the applicant when making the application for registration or authorisation.
5
In the case of any other transaction in the Schedule the fee shall be paid by the person in whose name the premises are registered under the appropriate Order, such fee being payable within 14 days of demand being made by the appropriate Minister or the Minister as the case may be.
6
Any reference in this article to a Schedule is a reference to the Schedule to this Order.
Revocations
3
The Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1990 and the Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) (Amendment) Order 1991 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd June 1992
David Hunt
Secretary of State for Wales
22nd June 1992
We approve,
Tim Wood
Irvine Patnick
Two of the Lord Commissioners of Her Majesty’s Treasury
22nd June 1992


text:
Citation, commencement and revocation
1
These Regulations may be cited as the Excise Duty (Relief on Alcholic Ingredients) (Amendments) Regulations 1992, and shall come into operation on 1st January 1993.
2
Subparagraph (b) or paragraph (1) or Regulation 8 of the Alcoholic Liquors (Amendment of Units and Methods of Measurement) Regulation 1979 is hereby revoked.
Amendment of the 1978 Regulations
3
For sub-paragraph (ii) in paragraph (a) of Regulation 4 of the Excise Duty (Relief on Alcoholic Ingredients) Regulations 1978 there shall be substituted the following —
ii
the following food being of a kind used for human consumption (provided it is not a beverage) —
A
chocolates with a content of alcohol not exceeding 8.5 litres of alcohol per 100 kilograms of those chocolates;
B
food, which is not comprised in paragraph (A) above, with a content of alcohol, not exceeding 5 litres of alcohol per 100 kilograms of that food; or
iii
any article (provided it is not a beverage) which is not comprised in subparagraph (ii) aboce, with a content of alcohol not exceeding 1.15 litres of alcohol per 100 kilograms of that article.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
10th December 1992


text:
1
This Order may be cited as the Combined Probation Areas (West Yorkshire) (Amendment) Order 1992 and shall come into force on 1st January 1993.
2
In article 2(b) of the Combined Probation Areas (West Yorkshire) Order 1992 , for ““Brighouse””there shall be substituted ““Bradford””.
Kenneth Clarke
One Her Majesty’s Principal Secretaries of State
Home Office
21st December 1992