text:
Title, commencement and interpretation
1
1
This Order may be cited as the Animals (Post-Import Control) Order 1992 and shall come into force on 9th January 1993.
2
In this Order, unless the context otherwise requires,
“ the Act ” means the Animal Health Act 1981;
“disinfect” means disinfect with a disinfectant approved by the Minister;
“Divisional Veterinary Officer” means a veterinary inspector appointed as such by the Minister.
3
In this Order any reference to a Community directive, decision or regulation is a reference to that instrument as amended.
Importation of cattle from areas not free from warble fly
2
1
Any person importing cattle into Great Britain —
a
other than from Northern Ireland or from a country or region of a country recognised by the Commission of the European Economic Community as being free from warble fly infestation, and
b
other than for immediate slaughter shall —
i
ensure that they are treated with an approved specified warble fly preparation as defined in Council Directive 81/851/ EEC on the approxima-tion of the laws of the member States relating to veterinary medicinal products and Council Directive 81/852/EEC on the approximation of the laws of the member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of medicinal veterinary products within 24 hours of the arrival of the cattle at the premises of destination specified on the health certification accompanying the animals, and
ii
within 5 working days of their arrival at their place of destination, send to the Divisional Veterinary Officer for the area in which the premises of destination are found, a written declaration that the imported animals have been treated as required.
2
It shall be an offence against the Act for any person knowingly to make a false declaration under paragraph (1) above.
Importation of pigs from areas not free from Aujeszky’s disease
3
1
Any person importing pigs into Great Britain from Northern Ireland, from another member State other than Denmark or from a country which is not a member State, in accordance with Article 2 or 4 of Commission Decision of 11th November 1992 concerning additional guarantees relating to Aujeszky’s disease for pigs destined to member States or Regions free of the disease (not yet published in the Official Journal) shall —
a
take them directly from the point of entry into Great Britain to the premises of destination named in the accompanying health certification;
b
not allow them to come into contact with pigs which are not part of the same consignment;
c
ensure that the vehicle is thoroughly cleansed and disinfected before it leaves the premises of destination.
2
In the case of pigs imported for production, the occupier of the premises of destination shall ensure that, after the arrival of the imported pigs, no pigs are removed from the premises unless directly to a slaughterhouse for immediate slaughter and then only under the authority of, and in accordance with the conditions of, a licence issued by the Divisional Veterinary Officer; and this provision shall remain in force until the premises have been completely de-stocked of pigs and thoroughly cleansed and disinfected.
3
The operator of a slaughterhouse slaughtering pigs to which this article applies shall keep records (which he shall make available on request to the Divisional Veterinary Officer) of —
a
the date of slaughter of the pigs;
b
the number of pigs slaughtered;
c
their identification numbers or marks, and
d
their place of origin.
Importation of cattle from Canada
4
1
Any person importing cattle into Great Britain from Canada under the provisions of Commission Decision 83/494/EEC concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Cananda , other than cattle originating from Canadian Health Accredited Herds, shall transport the cattle directly from the point of arrival into Great Britain to isolation premises complying with the conditions in Schedule 1 to this Order and there keep them in isolation for 6 months in accordance with that Schedule.
2
Both the importer and the occupier of isolation premises shall ensure that the conditions relating to those premises are complied with.
Importation of cattle for meat production from specified countries
5
1
Any person importing cattle for meat production into Great Britain from a country referred to in a Decision listed in Schedule 2 to this Order, under a provision specified in that Schedule, shall ensure that they do not come into contact with non-imported cattle either during transportation or after arrival at the premises of destination specified in the accompanying health certification.
2
The occupier of the premises of destination shall ensure that the imported cattle are not removed from the premises unless directly to a slaughterhouse for immediate slaughter or to a slaughter market and then only under the authority of, and in accordance with the conditions of, a licence issued by the Divisional Veterinary Officer.
Importation of cattle for slaughter from specified countries
6
Any person importing cattle for slaughter into Great Britain from a country referred to in a Decision listed in Schedule 2 to this Order, under a provision specified in that Schedule, shall transport them directly from the point of arrival in Great Britain to the slaughterhouse named in the health certification accompanying the animals, and shall ensure that they are slaughtered within 72 hours of arrival.
Notices
7
1
If any person on whom a duty is placed under this Order fails to comply with such duty, an inspector may, by notice in writing served on him, require him to comply with that obligation, and, if the person fails to comply with it, may take such action as may be necessary to ensure compliance with the notice.
2
A notice under this article may be subject to conditions and may be varied, suspended or revoked by notice in writing at any time.
Enforcement
8
This Order shall be enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food
7th January 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th January 1993
David Hunt
Secretary of State for Wales
7th January 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Liability for Owners) (Amendment) Regulations 1993 and shall come into force on 24th February 1993.
Houses in multiple occupation, etc
2
The Council Tax (Liability for Owners) Regulations 1992 are amended —
a
in paragraph (2) of regulation 1, by the substitution for the definition of “tenant” of the following —
“tenant” includes a secure tenant or a statutory tenant.
.
b
in regulation 2, by the substitution for Class C of the following —
Houses in multiple occupation, etc
Class C a dwelling which
a
was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household;
and
b
is inhabited by a person who, or by two or more persons each of whom either —
i
is a tenant of, or has a licence to occupy, part only of the dwelling; or
ii
has a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of, the dwelling as a whole.
.
c
after regulation 2, by the insertion of the following —
2A
1
In relation to a dwelling within Class C in regulation 2, section 8(3) shall have effect as if, for the reference to the owner, there were substituted a reference to —
a
the person who has a relevant material interest which is not subject to a relevant material interest inferior to it;
or, if there is no such person —
b
the person who has a freehold interest in the whole or any part of the dwelling.
2
In paragraph (1), “relevant material interest” means a freehold or leasehold interest in the whole of the dwelling.
.
Michael Howard
Secretary of State for the Environment
26th January 1993
David Hunt
Secretary of State for Wales
28th January 1993


text:
1
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) Regulations 1993 and shall come into force on 1st June 1993.
2
These Regulations extend only to England and Wales.
2
The Removal and Disposal of Vehicles Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
3
After regulation 4 there shall be inserted the following–
Power of traffic warden to remove vehicles
4A
1
Except as provided by regulation 7 of these Regulations, a traffic warden may, subject to sections 99 and 100 of the 1984 Act, remove or arrange for the removal of a vehicle to which regulation 3 of these Regulations applies to a place which is not on that or any other road, or may move it or arrange for its removal to another position on that or another road.
2
This regulation applies only in respect of–
a
a vehicle which is on a road in, and
b
its removal in and to a place in,
England or Wales.
4
In regulation 6, for the words “the last two preceding regulations” there shall be substituted the words “regulation 4, 4A or 5 of these Regulations”.
5
In regulation 7, for the words “Regulations 3, 4 and 5” there shall be substituted the words “Regulations 3, 4, 4A and 5”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
9th March 1993
David Hunt
Secretary of State for Wales
15th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Right to Buy Delay Procedure) (Prescribed Forms) (Amendment) Regulations 1993 and shall come into force on 11th October 1993.
Amendments
2
1
For regulation 2(a) of the Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989 substitute–
a
the form (form RTB6) for an initial notice of delay under section 153A(1) of the Housing Act 1985;
.
2
In the Schedule to those Regulations–
a
omit form RTB5 (initial notice of delay for shared ownership leases);
b
in form RTB6 (initial notice of delay)–
i
for the first paragraph substitute–
This form is for use by tenants of local authorities and certain other bodies who have claimed to exercise the right to buy their homes (or the right to acquire their homes on rent to mortgage terms) and are being held up by the landlord.
;
ii
for “Say what your landlord did last, as far as you know, in dealing with your application” substitute–
Say what you landlord did last, as far as you know, in dealing with your application:
;
iii
for “C. delays on your part are holding up the sale □” substitute–
; and
iv
for the notes relating to box C substitute–
Tick C if your purchase is held up by your landlord in some other way (and you are not buying on rent to mortgage terms). For instance, if you have received notice of the purchase price and you have served a notice on your landlord stating that you want to pursue your claim to exercise the right to buy, but your landlord is not making reasonable progress towards completing the sale. Tick D if your purchase is held up by your landlord in some other way and you are buying on rent to mortgage terms. For instance, if the delay is because: • your landlord has not given you a notice admitting or denying your right to acquire on rent to mortgage terms, or • your landlord has not given you a notice stating the landlord’s share and the amount of the initial discount, after you have served a notice that you want to pursue your claim to acquire on rent to mortgage terms, or • your landlord has given you both these notices, but is not making reasonable progress towards completing the sale.
;
c
in form RTB7 (landlord’s counter notice)–
i
in the first paragraph omit “or grant of the lease”;
ii
in the second paragraph for “section 124, 125, 146 or 147” substitute – “section 124 or 125.”;
iii
for “the right to be granted a shared ownership lease” substitute “the right to acquire on rent to mortgage terms”;
iv
for “to be granted a shared ownership lease” substitute “to acquire on rent to mortgage terms”; and
v
in the note to the landlord for “section 153A(3)(6)” substitute “section 153A(3)(b)” ; and
d
in form RTB8 (operative notice of delay)–
i
in the first sentence for “or the right to a shared ownership lease” substitute “or the right to acquire on rent to mortgage terms”;
ii
omit “RTB5 or” in both places;
iii
above the space for the address omit the words “or lease”;
iv
in the note to the landlord for “section 124, 125, 146 or 147 of that Act” substitute “section 124 or 125 of that Act”; and
v
for the words in the notes after “notice under” to the end of the sentence substitute–
section 124 or 125 of the Housing Act 1985, rent payments made after the date when the notice should have been served will reduce the purchase price
.
Saving
3
1
These Regulations do not apply in a case where a notice under section 122 of the Housing Act 1985 (tenant’s notice claiming to exercise the right to buy) was served before 11th Ocotber 1993.
2
Nothing in these Regulations shall affect the validity of a notice served before 11th January 1994 if the notice was in the form originally prescribed by the Regulations referred to in regulation 2.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
8th September 1993
John Redwood
Secretary of State for Wales
9th September 1993


text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 1993 and shall come into force on 13th April 1993.
2
The Premium Savings Bonds Regulations 1972 shall be amended in regulation 5(1) (maximum holding of bonds) by substituting for the figures “10,000” the figures “20,000”.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1993, and shall come into force on 23rd August 1993.
2
In this Order — “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products on prescription only), for “Article 4(1), (1A), (1B), (1C), (1D) and (1E)”there is substituted “Article 4(1) to (1J)”.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are not prescription only), the following paragraphs are inserted after paragraph (1E):
1F
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance acrivastine where —
a
the medicinal product is sold or supplied in a container or package containing not more than 240 milligrams of acrivastine;
b
its container or package is labelled to show a maximum daily dose of 24 milligrams of acrivastine.
1G
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance cetirizine where —
a
the medicinal product is sold or supplied in a container or package containing not more than 100 milligrams of cetirizine;
b
its container or package is labelled to show a maximum daily dose of 10 milligrams of cetirizine.
1H
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance ketoprofen where —
a
the maximum strength of the ketoprofen in the medicinal product does not exceed two point five per cent.calculated in terms of weight in weight;
b
the medicinal product is sold or supplied in a container or package containing not more than 30 grams of the medicinal product;
c
the medicinal product is indicated only for treatment by external topical application, for rheumatic and muscular pain in adults and in children over the age of 12 years, for a maximum period of 7 days.
1I
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance loratadine where —
a
the medicinal product is sold or supplied in a container or package containing not more than 100 milligrams of loratadine;
b
its container or package is labelled to show a maximum daily dose of 10 milligrams of loratadine.
1J
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance terfenadine where —
a
the medicinal product is sold or supplied in a container or package containing not more than 1200 milligrams of terfenadine;
b
its container or package is labelled to show a maximum daily dose of 120 milligrams of terfenadine.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed) the following substances are inserted at the appropriate points in the alphabetical order of the substances listed in column 1:
Acemetacin
Acitretin
Aclarubicin Hydrochloride
Acrivastine
Adenosine
Albendazole
Aldesleukin
Alfuzosin Hydrochloride
Azithromycin
Bambuterol Hydrochloride
Cefixime
Cefodizime Sodium
Cefpodoxime Proxetil
Celiprolol Hydrochloride
Cetirizine
Cilastatin Sodium
Cilazapril
Ciprofibrate
Clarithromycin
Colfosceril Palmitate
Dalteparin Sodium
Dexfenfluramine Hydrochloride
Diclofenac Potassium
Eflornithine Hydrochloride
Enoxaparin Sodium
Epirubicin Hydrochloride
Epoetin Alfa
Epoetin Beta
Filgrastim
Finasteride
Flosequinan
Fluticasone Propionate
Formestane
Fosfomycin
Trometamol
Fosinopril Sodium
Gadoteridol
Gestrinone
Granisetron Hydrochloride
Guanfacine Hydrochloride
Halofantrine Hydrochloride
Imipenem Hydrochloride
Iomeprol
Iopentol
Iothalamic Acid
Ioversol
Ioxaglic Acid
Ketorolac Trometamol
Lacidipine
Lamotrigine
Lomefloxacin Hydrochloride
Loratadine
Mifepristone
Mivacurium Chloride
Moclobemide
Molgramostim
Mometasone Furoate
Moracizine Hydrochloride
Nafarelin Acetate
Nitrendipine
Norfloxacin
Norgestimate
Ofloxacin
Ondansetron Hydrochloride
Oxaprozin
Oxitropium Bromide
Oxybutynin Hydrochloride
Paroxetine Hydrochloride
Perfluamine
Pergolide Mesylate
Pravastatin Sodium
Remoxipride Hydrochloride
Risperidone
Salmeterol Hydroxynaphthoate
Sermorelin
Sertraline Hydrochloride
Sodium Clodronate
Somatorelin Acetate
Sultamicillin
Sumatriptan Succinate
Tazobactam Sodium
Terfenadine
Tibolone
Tinzaparin
Tolfenamic Acid
Tropisetron Hydrochloride
Tulobuterol
Tulobuterol Hydrochloride
Zuclopenthixol Acetate
Amendment of Table A of Part IV of Schedule 1 to the principal Order
5
In Table A of Part IV of Schedule 1 to the principal Order (medicinal products specified by name and product licence number that are not prescription only medicines), immediately after the entry Zenoxone Ointment 0181/0032 there is inserted the following entry:
Zovirax Cold Sore Cream 0003/0304
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
19th July 1993
John Redwood
Secretary of State for Wales
21st July 1993
Fraser of Carmyllie
Minister of State Scottish Office
20th July 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereto affixed on the
Gillian Shephard
Minister of Agriculture, Fisheries and Food
23rd July 1993.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
J. Harbison
Under Secretary
19th day of July 1993.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
19th day of July 1993.


text:
1
This Order may be cited as the Education (Queen Elizabeth Atherstone Further Education Corporation) (Dissolution) Order 1993 and shall come into force on 2nd April 1993.
2
On 2nd April 1993 Queen Elizabeth Atherstone Further Education Corporation shall be dissolved and all of their property, rights and liabilities shall be transferred to the Governing Body of Queen Elizabeth School, Atherstone (being a body corporate established for purposes which include the provision of educational facilities or services).
3
The Queen Elizabeth Atherstone Further Education Corporation Order 1992 is revoked.
John Patten
Secretary of State for Education
11th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northampton Community Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northampton Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northampton Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at St. Crispin Mental Health Learning Disability Division, Duston, Northampton NN5 6UN;
b
to manage community health services provided from Clare House, St. Edmund’s Hospital, Wellingborough Road, Northampton NN1 4DS and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Northampton 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 Northampton Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Northampton 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
22nd October 1993


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 classified road as from a date to be specified in a notice given by the Secretary of State to the County Council of Cambridgeshire who will become the highway authority responsible for that length. The date specified will be the date on which the new trunk roads are opened for through traffic.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2E/331 marked “The A11 Trunk Road (Stump Cross to A505 Junction Improvement) (Detrunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road”
means the A11 Trunk Road;
iv
“the new trunk roads”
means the trunk roads to be constructed by the Secretary of State in pursuance of the A11 Trunk Road (Stump Cross to A505 Junction Improve-ment) Slip Roads Order 1993.
3
This Order shall come into force on 23rd June 1993 and may be cited as the A11 Trunk Road (Stump Cross to A505 Junction Improvement) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
8th June 1993


text:
Citation and commencement
1
This Order may be cited as the New Possibilities National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The New Possibilities National Health Service Trust established by the New Possibilities National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health 15th December 1993
Tom Sackville
Parliamentary Under Secretary of State
Department of Health


text:
Citation and commencement
1
This Order may be cited as the Local Government Administration (Matters Subject to Investigation) Order 1993 and shall come into force on 28th April 1993.
Matters ceasing to be excluded from investigation
2
With a view to matters relating to–
a
the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence, and
b
the provision (other than in connection with a dock or harbour undertaking) of moorings,
ceasing to be excluded by virtue of Schedule 5 to the Local Government Act 1974 from the matters subject to investigation by a Local Commissioner, paragraph 3 of that Schedule shall be amended as follows:
i
in sub-paragraph (2), at the end there shall be inserted “other than transactions relating to the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence”, and
ii
in sub-paragraph (3)(a), after “disposal of land” there shall be inserted “or the provision of moorings (not being moorings provided in connection with a dock or harbour undertaking)”.
N. H. Nicholls
Clerk of the Privy Council


text:
PART I
Preliminary
Citation and Commencement
1
These Regulations may be cited as the Road Traffic (Parking Adjudicators) (London) Regulations 1993 and shall come into force on 1st July 1993.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Road Traffic Act 1991;
“appeal” means an appeal under section 72 of, or paragraph 5 of Schedule 6 to, the Act;
“the adjudicator” means a parking adjudicator appointed under section 73(3)(a) of the Act;
“document exchange” means a document exchange which is for the time being a document exchange approved by the Lord Chancellor under order 65, rule 5(4) of the Rules of the Supreme Court 1965 ;
“ FAX ” means the making of a facsimile copy of a document by the transmission of electronic signals;
“hearing” means an oral hearing;
“proper officer” means a member of the administrative staff provided under section 73 of the Act appointed to perform the duties of the proper officer under these Regulations; and
“register” means the register of appeals and decisions kept in pursuance of these Regulations.
2
In these Regulations, in relation to an appeal or any process connected with an appeal, —
“appellant” means the person making the appeal;
“disputed decision” means the decision against which an appeal is brought under these Regulations;
“the local authority” (except in regulation 3) means the local authority who made the disputed decision; and
“the original representations” means the representations to the local authority under section 71 of, or paragraph 2 of Schedule 6 to, the Act.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations, and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
PART II
Procedure relating to appeals
Initiating an appeal
3
1
An appeal shall be made by delivering a notice of appeal to the proper officer.
2
A notice of appeal —
a
must state the name and address of the appellant;
b
may specify some other address as being the address to which he wishes documents to be sent to him in connection with the appeal;
c
must state the date and any reference number of the decision and the name of the local authority who made the disputed decision; and
d
may include any representations which the appellant desires to make in addition to the original representations.
3
If the notice of appeal is delivered to the proper officer later than the time limit mentioned in section 72(1) of, or paragraph 5(1) of Schedule 6 to, the Act (as the case may be), the appellant must include in the notice a statement of the reasons on which he relies for justifying the delay, and the adjudicator shall treat any such statement of reasons for delay as a request for extending that time limit.
4
The appellant or his authorised representative shall sign the notice of appeal.
Action upon receipt of notice of appeal and copy of such notice
4
1
Upon receiving a notice of appeal the proper officer shall —
a
send an acknowledgement of its receipt to the appellant;
b
enter particulars of it in the register; and
c
send to the local authority a copy of the notice of appeal and any direction extending the time limit for appealing.
2
Upon receipt of a copy of a notice of appeal sent under this regulation, the local authority shall within 7 days deliver to the proper officer a copy of —
a
the original representations;
b
a copy of the relevant charge notice (if any); and
c
a copy of the notice served under section 71(6) of, or (as the case may be) paragraph 2(7) of Schedule 6 to, the Act.
Further representations
5
1
Any party may deliver representations to the proper officer at any time before an appeal is determined.
2
The adjudicator may invite a party to deliver to the proper officer representations dealing with any matter relating to an appeal within such time and in such a manner as may be specified.
3
Where a party fails to respond to an invitation under paragraph (2), the adjudicator may (without prejudice to any other powers he may have) draw such inferences as appear to him proper.
4
Any representations delivered under this regulation shall be signed by, or by the authorised representative, of the party in question.
5
Where the appellant delivers representations to the proper officer under this regulation, the proper officer shall send a copy of the representations to the local authority.
6
Where the local authority delivers representations to the proper officer under this regulation, it shall at the same time send a copy of the representations to the appellant.
7
This regulation is without prejudice to the powers of an adjudicator under regulation 9.
Power to require attendance of witnesses
6
1
The adjudicator may require the attendance of any person (including a party to the proceedings) as a witness, at a time and place specified by him, at the hearing of an appeal and require him to answer any questions or produce any documents in his custody or control which relate to any matter in the proceedings.
2
Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under section 73(14) of the Act any person who without reasonable excuse fails to comply with this requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.
3
A person in respect of whom a requirement has been made under paragraph (1) may apply to the adjudicator to vary or set aside the requirement.
4
A person shall not be bound to comply with a requirement under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the adjudicator that he accepts such notice as he has been given.
5
A person other than an appellant shall not be bound to comply with the requirement under paragraph (1) unless the necessary expenses of his attendance are paid or tendered to him.
6
No person shall be required to give any evidence or produce any document under paragraph (1) which he could not be required to give or produce on the trial of an action in a court of law.
Disposing of an appeal without a hearing
7
1
Subject to paragraph (2), the adjudicator may dispose of an appeal without a hearing.
2
The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless —
a
the party who made the request withdraws his request before notice of a hearing has been sent to the other party under regulation 8; or
b
both parties have subsequently consented to the appeal being disposed of without a hearing.
3
The adjudicator shall not dispose of an appeal without a hearing until after the expiration of 4 weeks beginning on the day an acknowledgement is sent in accordance with regulation 4 unless both parties consent to the disposal taking place on an earlier date.
4
Notwithstanding anything in paragraphs (2) and (3), if both parties, having been sent a notice of the hearing of an appeal in accordance with regulation 8, fail to attend or be represented at the hearing, the adjudicator may subsequently dispose of the appeal without a hearing.
Notice of time and place of hearing
8
1
This regulation shall have effect where a hearing is to be held for the purpose of disposing of an appeal.
2
The proper officer shall fix the time and place of the hearing and, not less than 21 days before the date so fixed (or such shorter time as the parties agree), send to each party a notice that the hearing is to be at such time and place or notify them in such other manner as he thinks fit.
3
The adjudicator may alter the time and place of any hearing and the proper officer shall, not less than 7 days before the date the hearing is then to be held (or such shorter time as the parties agree), send to each party notice of the time and place of the hearing as altered or notify them in such other manner as he thinks fit.
4
This regulation applies to an adjourned hearing but, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Procedure at a hearing
9
1
At the beginning of the hearing of an appeal the adjudicator shall explain the order of proceeding which he proposes to adopt.
2
Subject to the provisions of this regulation, the adjudicator shall conduct the hearing of an appeal in such manner as he considers most suitable to the clarification of the issues before him and generally to the just handling of the proceedings; he shall so far as appears to him appropriate seek to avoid formality in the proceedings.
3
Any hearing of an appeal by the adjudicator shall be in public except where the adjudicator is satisfied that, by reason of exceptional circumstances, it is just and reasonable for the hearing, or part of the hearing, to be in private.
4
The following persons shall be entitled to attend the hearing of an appeal whether or not it is in private —
a
any adjudicator appointed under section 73(3)(a) of the Act; or
b
a member of the Council on Tribunals.
5
The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal which is held in private.
6
Without prejudice to any other powers he may have, the adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the adjudicator, to disrupt the hearing.
7
At the hearing of an appeal, the appellant may conduct his case himself (with the assistance fron any person if he wishes) or may appear and be represented by any person whether or not legally qualified.
However, if in any particular case the adjudicator is satisfied that there are good and sufficient reasons for doing so, he may refuse to permit a particular person to assist or represent the appellant at the hearing.
8
At the hearing of an appeal —
a
the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the adjudicator both on the evidence and generally on the subject matter of the appeal; and
b
the adjudicator may receive evidence of any fact which appears to him to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law.
9
Without prejudice to regulation 7(4), a party who has been sent a notice of the hearing of an appeal or otherwise notified of the hearing in accordance with regulation 8 fails to attend or be represented at the hearing, the adjudicator may dispose of the appeal in his absence.
Decisions on appeals
10
1
Where an appeal is disposed of at a hearing, the decision of the adjudicator may be given orally at the end of the hearing or reserved.
2
Where an appeal has been disposed of whether at a hearing or otherwise, the decision shall be recorded forthwith in the register with (save in the case of a decision by consent) a statement of the reasons for the decision and the proper officer shall send a copy of the entry to each party.
Review of adjudicator’s decision
11
1
The adjudicator shall have power on the application of a party, to review and revoke or vary any decision to dismiss or allow an appeal or any decision as to costs on the grounds (in each case) that —
a
the decision was wrongly made as the result of an error on the part of his adminstrative staff;
b
a party who had failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;
c
where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing the existence of which could not have been reasonably known of or foreseen;
d
where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not reasonably have been foreseen; or
e
the interests of justice require such a review.
2
An adjudicator shall have power, on the application of a party, to review and revoke or vary any interlocutory decision.
3
An application under this regulation shall be made to the proper officer within 14 days after the date on which the decision was sent to the parties, and must state the grounds in full.
4
The parties shall have the opportunity to be heard on any application for review under this regulation; and if, having reviewed the decision, the adjudicator directs the decision to be set aside, he shall substitute such decision as he thinks fit or order a re-determination by either the same or a different adjudicator.
5
Regulation 10 shall apply to a decision under paragraph (1) as it applies to a decision made on the disposal of an appeal.
Costs
12
1
The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2) make such an order —
a
against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
b
against the local authority, where it considers that the disputed decision was wholly unreasonable.
2
An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.
3
An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.
Consolidation of proceedings
13
1
Where there are pending two or more appeals, then, should it at any time appear to the adjudicator that —
a
some common question of law or fact arises in both or all the appeals; or
b
for some other reason it is desirable to make an order under this regulation,
the adjudicator may order that some (as specified in the orders) or all of the appeals shall be considered together and may give such consequential directions as necessary.
2
An order shall not be made under this regulation unless all parties concerned have been given an opportunity to make representations against the making of such an order.
Miscellaneous powers of the adjudicator
14
1
The adjudicator may, if he thinks fit —
a
extend the time appointed by or under these Regulations for doing any act notwithstanding that the time appointed may have expired;
b
if the appellant at any time gives notice of the withdrawal of his appeal, dismiss the proceedings;
c
if a local authority consents to an appeal being allowed, allow the appeal;
d
if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly; or
e
adjourn a hearing.
2
The powers of the adjudicator conferred by —
a
these Regulations (other than regulation 11);
b
section 72(1)(b) of the Act; and
c
paragraph 5(1)(b) of Schedule 6 to the Act,
may be exercised on his own motion or on the application of a party.
Clerical errors
15
Clerical mistakes in any document recording a direction or decision of the adjudicator, or errors arising in such a document from an accidental slip or omission, may be corrected by the proper officer on the direction of the adjudicator.
Service of documents
16
1
This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal.
2
Subject to paragraph (3), any such document shall be regarded as having been sent to that party if it is —
a
delivered to him;
b
left at his proper address;
c
sent by post to him at that address;
d
transmitted to him by FAX or other means of electronic data transmission in accordance with paragraphs (3), (4) and (5).
3
A document may be transmitted by FAX where the party has indicated in writing to the proper officer that he is willing to regard a document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.
4
In the case of a local authority, an indication under paragraph (3) can be expressed to apply to any appeal to which it is a respondent.
5
Paragraphs (3) and (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
Where the proper address includes a numbered box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.
7
For the purposes of these Regulations and of section 7 of the Interpretation Act 1978 in its application to this regulation —
a
the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph (2)(b) of regulation 3 or (if no such address is so specified) the address specified pursuant to paragraph (2)(a) of that regulation; and
b
the proper address of a local authority in proceedings in which it is the respondent is such address as the local authority from time to time specifies in a notice delivered to the proper officer as being the proper address in all such proceedings.
8
If no address for service has been specified, the proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978 shall be —
a
in the case of an individual, his usual or last known address, or
b
in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom, or
c
in the case of an incorporated or unincorporated body, the registered or principal office of the body.
9
An appellant may at any time by notice to the proper officer change his proper address for service for the purposes of these Regulations and section 7 of the Interpretation Act 1978.
10
A party may by notice in writing delivered to the proper officer vary or revoke any indication given by him under paragraph (3).
Delivery of documents to the proper officer
17
1
This regulation has effect in relation to any notice or other document required or authorised to be delivered to the proper officer and is without prejudice to regulation 5(3).
2
Any such document may be transmitted to him by FAX or other means of electronic data transmission.
3
Where the address of the proper officer includes a numbered box number at a document exchange, the delivery of such a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.
4
Regulations 3(4) and 5(4) —
a
shall in the case of a document transmitted by FAX, be satisfied if a copy of the signature of the relevant person appears on the transmitted copy; and
b
shall not apply in relation to a document transmitted by other means of electronic data transmission.
PART III
References to the Adjudicator under paragraph 8(7) of Schedule 6 to the Act
Interpretation of Part III
18
This Part of these Regulations shall have effect for determining the procedure where —
a
an order of a county court is deemed to have been revoked under paragraph 8(5) of Schedule 6 to the Act; and
b
the local authority concerned has referred the case to the adjudicator under paragraph 8(7) of that Schedule;
and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.
Procedure
19
1
Where a case has been referred to the adjudicator under paragraph 8(7) of Schedule 6 to the Act —
a
the proper officer shall enter particulars of the case in the register; and
b
without prejudice to his powers under that provision, the adjudicator shall give directions as to the conduct of the proceedings unless he decides that no such directions are necessary.
2
The adjudicator may, in particular —
a
if it appears to him that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal; or
b
if it appears to him that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under regulation 11 to review that decision.
3
Where the adjudicator gives a direction under paragraph (2)(a), Part II of these Regulations shall apply to the proceedings with appropriate modification as if regulation 3 and 4 had been omitted.
PART IV
The Register
The register
20
1
The register shall be kept at the principal office of the adjudicator and shall be open to the inspection of any person without charge at all reasonable hours.
2
The register need not be kept in visible or legible form.
3
If the register is kept otherwise than in a legible form, the duty to allow inspection is to be treated as a duty to allow inspection of a reproduction in legible form of the recording of the entry the inspection of which is being sought.
4
A document purporting to be certified by the proper officer to be a true copy of any entry of a decision in the register shall be evidence of the entry and of matters contained therein.
Signed by Authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
4th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1993 and shall come into force on 14th March 1993.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite in column 4 of the Schedule.
Fraser of Carmyllie
Minister of State, Scottish Office
19th February 1993
We consent,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
24th February 1993


text:
Citation and commencement
1
1
This Order may be cited as the Essex and Greater London (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1994 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1995.
Interpretation
2
In this Order —
“district” includes a London borough;
“Essex” means the county of Essex, and “Epping Forest” means the district of that name in that county;
“Redbridge” means the London borough of Redbridge;
“electoral division” means an electoral division of the county of Essex ;
“the map” means one or more of the 3 maps prepared by the Department of the Environment, marked “Maps of the Essex and Greater London (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“ward” means a ward of the district from or to which an area is transferred . Transfers from Essex (Epping Forest) to Greater London (Redbridge)
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Essex, from Epping Forest, and from the ward mentioned in column 3 to —
a
Greater London;
b
Redbridge;
c
the ward mentioned in column 4; and to
d
the Redbridge petty sessional area and the Eastern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Essex, from Epping Forest, and from the following ward — To Greater London, to Redbridge, and to the following ward —
D 2 Buckhurst Hill East Bridge A & B 2 Buckhurst Hill West Monkhams E 2 Chigwell Village Fairlop E1 2 Chigwell Village Bridge H, K & O 3 Grange Hill Fairlop
Transfers from Greater London (Redbridge) to Essex (Epping Forest)
4
The areas which are marked as shown in column 1 of the following table on the map indicated in column 2 shall be transferred from Greater London, from Redbridge and from the ward mentioned in column 3 to —
a
Essex;
b
Epping Forest;
c
the ward and electoral division mentioned in column 4; and to
d
the Epping Forest and Ongar petty sessional division and the Essex No. 1 coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Greater London, Redbridge and from the following ward — To Essex, Epping Forest, and to the following —
A & B
C
1
2
Monkhams
Buckhurst Hill West ward
Buckhurst Hill electoral division
F 2 Fairlop
Chigwell Village ward
Chigwell electoral division
G, J, L, M & N 3 Fairlop
Grange Hill ward
Buckhurst Hill electoral division
Town and Country Planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under Secretary of State
Department of the Environment
27th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Velindre National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Velindre 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 Velindre 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 Velindre Hospital, Velindre Road, Whitchurch, Cardiff, South Glamorgan CF4 7XL and associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
South Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
South Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be South Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
19th November 1993


text:
Citation and commencement
1
This Order may be cited as the Greater London and Kent (County Boundaries) (Variation) Order 1993, and shall come into force on 1st April 1993.
Variation in respect of the Metropolitan Police District
2
1
The Greater London and Kent (County Boundaries) Order 1992 shall be varied as provided in paragraphs (2) and (3).
2
In article 3, after the words “in column 2”, there shall be inserted the following —
shall cease to form part of the Metropolitan Police District and
.
3
For article 4(d) of that Order, there shall be substituted the following —
d
the Bexley petty sessional division, the Southern London coroner’s district, and the Metropolitan Police District.
.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
19th March 1993


text:
1
This Order may be cited as the Tayside Regional Council (Backwater and Lintrathen Reservoirs) Byelaws Extension Order 1993 and shall come into force on 30th June 1993.
2
The period during which the Tayside Regional Council (Backwater and Lintrathen Reservoirs) Byelaws 1982 are to remain in force( ) is hereby extended to 30th June 1994.
T.D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department 27 Perth Street,
Edinburgh
21st May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dartford and Gravesham National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dartford and Gravesham National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Dartford and Gravesham 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 Joyce Green Hospital, Joyce Green Lane, Dartford, Kent DA1 5PL and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Dartford and Gravesham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Dartford and Gravesham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Dartford and Gravesham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Brian Mawkenney
Minister of State,
Department of Health
22nd October 1993


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 3) Regulations 1993 and shall come into force on 1st October 1993.
2
After regulation 3 of the Taxes (Interest Rate) Regulations 1989 there shall be inserted–
Applicable rate of interest on overdue corporation tax
3A
1
For the purposes of section 87A of the Taxes Management Act 1970 , the rate applicable under section 178 shall, subject to paragraph (2), be 6.25 per cent. per annum.
2
Where, on a reference date after 1st October 1993, the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purposes of the enactment referred to in paragraph (1) shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3) and, if the result is not a multiple of one–quarter, rounding the result down to the nearest amount which is such a multiple.
3
The formula specified in this paragraph is–
( RR + 2.5 ) ( 100 - SCR ) , 100
where
RR is the reference rate referred to in paragraph (2) and SCR is the percentage at which corporation tax at the small companies' rate is charged for the financial year in which the reference date referred to in that paragraph falls.
Applicable rate of interest on tax overpaid
3B
1
For the purposes of section 826 of the Income and Corporation Taxes Act 1988 , the rate applicable under section 178 shall, subject to paragraph (2), be 3.25 per cent. per annum.
2
Where, on a reference date after 1st October 1993, the reference rate found on that date differs from the established rate, the rate applicable under section 178 for the purposes of the enactment referred to in paragraph (1) shall, on and after the next operative date, be the percentage per annum found by applying the formula specified in paragraph (3) and, if the result is not a multiple of one–quarter, rounding the result down to the nearest amount which is such a multiple.
3
The formula specified in this paragraph is–
( RR - 1 ) ( 100 - CTR ) , 100
where
RR is the reference rate referred to in paragraph (2) and CTR is the percentage at which corporation tax is charged for the financial year in which the reference date referred to in that paragraph falls.
Kenneth Clarke
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 1993


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Angola (United Nations Sanctions) (Channel Islands) Order 1993 and shall come into force on 1st October 1993.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 15th September 1993, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“arms” includes conventional, chemical, biological and nuclear weapons and ballistic missiles;
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of that aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any olice force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894 ;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle;
“vessel” includes any ship, surface effect vehicle, any small waterplane vessel and hydrofoil, and the hull or part of the hull of a vessel.
2
Any reference to a provision of an Act of Parliament shall, in the case of a provision which has been extended to any of the Channel Islands, be construed as a reference to that provision as it has effect there and, in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.
Supply of certain goods to Angola
3
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
supply or deliver; or
ii
agree to supply or deliver,
any goods specified in Schedule 1 to this Order to any person in Angola.
2
Nothing in paragraph (1)(ii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article.
Exportation of certain goods to Angola
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
the goods specified in Schedule 1 to this Order are prohibited to be exported from any of the Channel Islands to any destination in Angola or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Angola.
Carriage of goods destined for Angola
5
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted under this article —
a
in the case of the Bailwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used for the carriage of any goods specified in Schedule 1 to this Order if the carriage is, or forms part of, carriage from any place outside Angola to any destination therein.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Angola to any destination therein.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or the Bailiwick of Jersey of the goods concerned to Angola was authorised by a licence granted by the relevant authority under article 3 or article 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Application of Article 3
6
1
The provisions of article 3 shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of article 3 shall, in the Bailiwick in question, be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of article 3 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Angola.
Customs powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of goods specified in Schedule 1 to this Order which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purpose of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined fr Angola or for delivery, directly or indirectly, to any person in Angola; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships, aircraft and vehicles
10
1
Where any authorised officer, that is to say, in respect of the Bailiwick of Guernsey any such officer other than an officer of the Board of Trade as is referred to in section 692(1) of the Merchant Shipping Act 1894, or a States Revenue Officer, or, in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him has reason to suspect that any ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5(1), he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force, and he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 5(1), exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps —
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
d
to take her to any other destination that may be specified by the officer in agreement with the master,
and the master shall comply with any such request or direction.
2
Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any aircraft to which article 5 applies has been or is being or is about to be used in contravention of article 5(1), that officer or authorised person may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and, if the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey until notified that the aircraft may depart, and the charterer, the operator and the commander shall comply with any such request.
4
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (3) above has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or the Bailiwick of Jersey that has been made under paragraph (3) above may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, has been or is being or is about to be used in contravention of article 5(1), that officer or authorised person may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and for that purpose may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of such a request) may further request the operator or driver to cause the vehicle to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey until notified that the vehicle may depart, and the operator and the driver shall comply with any such request.
6
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (5) above has reason to suspect that any request that a vehicle should remain in the Bailiwick of Guernsey or the Bailiwick of Jersey that has been made under paragraph (5) above may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle; and
c
use, or authorise the use of, reasonable force.
7
A person authorised by the Attorney General to exercise any power for the purposes of paragraph (3), (4), (5) or (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.
8
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purpose of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey; or
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Angola decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
9
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
10
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
11
Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
11
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
Penalties and Proceedings
12
1
Any person guilty of an offece under article 5(3) or article 6(2) shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 10(10)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 8(1) or (2), or article 9(3), shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 10(10)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
5
Any person guilty of an offence under article 7 or article 9(2) shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Bailiwick of Guernsey or the Bailiwick of Jersey having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedins for the offence has not been obtained.
Exercise of Powers
13
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee, or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance and Economics Committee and Attorney General shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Adoption (Designation of Overseas Adoptions) (Variation) Order 1993 and shall come into force on 5th April 1993.
Variation of Adoption (Designation of Overseas Adoptions) Order 1973
2
The Adoption (Designation of Overseas Adoptions) Order 1973 (designation) shall be varied as follows —
a
there shall be inserted at the beginning of paragraph (2) of Article 3 the words “Subject to paragraph (2A) of this Article,”;
b
after paragraph (2) of Article 3 there shall be inserted the following paragraph —
2A
This Article also applies, as respects any adoption effected on or after 5th April 1993, in relation to any place which, at the time the adoption is effected, forms part of the People’s Republic of China.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
12th March 1993


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Fourth Amendment) Regulations 1993 and shall come into force on 1st October 1993.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1986 , shall be amended by substituting for regulation 4 thereof the following new regulation–
4
1
The operator of an aircraft, wherever registered, shall pay to the Authority charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows–
a
in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Flight Information Region other than a flight described in sub–paragraph (d) of this paragraph, a charge of $110.80 Canadian; and
b
in respect of each flight between any two points one of which is in Europe (including Iceland) or Greenland in the course of which the aircraft makes use of such services, being services provided by the Edmonton Area Control Centre other than a flight described in sub–paragraph (d) of this paragraph, a charge of $83.65 Canadian; and
c
in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain telecommunication services provided by or on behalf of the Government of Canada other than a flight described in sub–paragraph (d) of this paragraph, a charge of $53.68 Canadian; and
d
in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub–paragraphs (a), (b) and (c) of this paragraph, a charge of 40% of the charge specified in those sub–paragraphs for each of the services used.
2
The charges specified in sub–paragraphs (a), (b) and (c) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
15th September 1993
We consent to the making of these Regulations
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd September 1993