text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Planning (Hazardous Substances) Regulations 1992 and shall come into force on 1st June 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Planning (Hazardous Substances) Act 1990;
“buried or mounded vessel” includes a vessel which is only partially buried or mounded;
“moveable container” means any container designed or adapted to contain hazardous substances other than a vessel;
“vessel” means any container designed or adapted to contain hazardous substances which is affixed to the land, and includes a container which forms part of plant or machinery which is affixed to the land but does not include a pipeline.
2
In these Regulations —
a
a reference to a section is a reference to that section of the Act, unless there is a contrary indication;
b
a reference to a numbered form is a reference to the correspondingly numbered form in Schedule 2.
3
Part 4, Form 8 and Schedule 3 (deemed consents) shall be construed in accordance with regulation 16.
4
Schedule 1 (hazardous substances and controlled quantities) shall be construed in accordance with Part D of that Schedule.
5
References to sections of the principal Act mentioned in regulations 18, 20, 21 and 22 (enforcement) shall, in those sections and these Regulations, be construed as references to those sections as modified by these Regulations in relation to hazardous substances control.
PART 2
HAZARDOUS SUBSTANCES, CONTROLLED QUANTITIES AND EXEMPTIONS
Hazardous substances and controlled quantities
3
1
Subject to paragraph (2), the substances specified in column 1 of Schedule 1 are hazardous substances for the purposes of the Act.
2
A substance which is controlled waste, as defined by section 75(4) of the Environmental Protection Act 1990 , or radioactive waste, as defined in section 18(4) of the Radioactive Substances Act 1960 , is not a hazardous substance for the purposes of the Act.
3
The quantity specified in column 2 of Schedule 1 is the controlled quantity of the corresponding hazardous substance in column 1 of that Schedule for the purposes of the Act.
Exemptions
4
1
Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between it being unloaded from one means of transport and loaded onto another while it is being transported from one place to another.
2
Hazardous substances consent is not required for the presence of a hazardous substance contained in an aerosol dispenser if —
a
the capacity of the dispenser does not exceed 1000 millilitres; or
b
the dispenser —
i
does not contain a substance or mixture of substances which is flammable within the meaning of paragraph 2 of Part III of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regula tions 1984 ; and
ii
does not contain a substance numbered 7, 8, 18, 21, 22, 24, 25, 27, 29, 30, 33, 34 or 65 in column 1 of Schedule 1 or, if it does, the aggregate quantity of that substance contained in aerosol dispensers with a capacity in excess of 1000 millilitres on the relevant site is less than the controlled quantity for that substance.
3
Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipe-line or a service pipe.
4
Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if —
a
it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985 (directions by Secretary of State to harbour master) applied; or
b
it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987 , without requiring notification under paragraph (1) of regulation 6 of those regulations by virtue of an exemption under paragraph (5) of that regulation.
5
Where hazardous substances consent is deemed to have been granted under section 11 for the presence of substance number 40 in column 1 of Schedule 1, consent is not required for the presence of an additional quantity of that substance not exceeding one third of the established quantity provided that all the conditions set out in Schedule 3 and applying to that substance under the deemed consent are also complied with in relation to the additional quantity present.
6
The presence of a substance to which paragraphs (1), (2), (3) and (4) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.
7
In this regulation —
a
“exempt pipe-line” means a pipe-line used to convey a hazardous substance to or from a site, but does not include —
i
that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;
ii
a service pipe;
b
“service pipe” means a pipe-line used by a public gas supplier (within the meaning of section 7(1) of the Gas Act 1986 ) to supply gas to an individual consumer from a main of that supplier.
PART 3
EXPRESS CONSENT
Applications for hazardous substances consent
5
1
Subject to paragraph (2) and regulation 26, an application for hazardous substances consent shall —
a
be made to the hazardous substances authority on Form 1;
b
include the information specified in the form, a site map, and a substance location plan;
c
be accompanied by 3 copies of the form, the map and plan submitted with it and the notices and certificates required by regulations 6 and 7.
2
Subject to regulation 26, an application to which section 13 applies (application for hazardous substances consent without a condition subject to which a previous consent was granted) shall —
a
be made to the hazardous substances authority on Form 2;
b
include the particulars specified in the form, a change of location plan, if required by paragraph (6), and particulars of the relevant consent;
c
be accompanied by 3 copies of the form, the relevant consent, any plan submitted with it and the notices and certificates required by regulations 6 and 7.
3
An application under section 17 (application for the continuation of consent following a change of control) shall —
a
be made to the hazardous substances authority on Form 2;
b
include the particulars specified in the form, a change of control plan, and particulars of the relevant consent;
c
be accompanied by 3 copies of the form, the relevant consent, the change of control plan and the notices and certificates required by regulations 6 and 7.
4
The site map required by paragraph (1)(b) shall be a map, reproduced from, or based upon, an Ordnance Survey map with a scale of not less than 1 to 10,000, which identifies the land to which the application relates and shows National Grid lines and reference numbers.
5
The substance location plan required by paragraph (1)(b) shall be a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies —
a
any area of the site intended to be used for the storage of the substance;
b
where the substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the substance will be present;
c
access points to and from the land.
6
A change of location plan shall be required in the case of an application to which section 13 applies which relates to a condition restricting the location of a hazardous substance, and shall be a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies the location of the hazardous substance at the date of the application and the proposed location requiring the application.
7
The change of control plan required by paragraph (3) shall be a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies each area of the site under separate control after the proposed change of control.
8
The relevant consent referred to in paragraphs (2)(b) and (3)(b) is the existing hazardous substances consent which applies to the hazardous substance to which the application applies; and the particulars of the relevant consent to be supplied shall be a copy of the consent, in the case of a consent granted on an application under the Act, a copy of the relevant claim, in the case of a consent deemed to be granted under section 11 or a copy of the relevant direction, in the case of a consent deemed to be granted under section 12.
9
Where an application referred to in paragraphs (2) or (3) relates to more than one relevant consent, particulars of each such consent shall be included in the application.
10
Regulations 6 to 13 shall apply to applications made under section 17 as they apply to applications for hazardous substances consent.
Publication of notices of applications
6
1
Before making an application for hazardous substances consent to the hazardous substances authority, the applicant shall, during the 21 day period immediately preceding the application —
a
publish in a local newspaper circulating in the locality in which the land to which the application relates is situated a notice of the application on Form 3; and
b
subject to paragraphs (3) and (4), post that notice on the land for not less than 7 days during that 21 day period, sited and displayed in such a way as to be easily legible without entering onto the land.
2
The notice required by paragraph (1) shall invite representations on the application to be made to the hazardous substances authority within 21 days of the publication or posting of the notice, as the case may be.
3
An applicant shall not be required to comply with paragraph (1)(b) if —
a
he has no right of access or other rights in respect of the land which would enable him to post the notice as required; and
b
he has taken all reasonable steps to acquire such rights but has failed.
4
The applicant shall not be treated as having failed to comply with paragraph (1)(b) if the notice is, without any fault or intention of his, removed, obscured or defaced before the 7 days referred to in that paragraph have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement.
5
An application for hazardous substances consent shall not be entertained by the hazardous substances authority unless it is accompanied by —
a
a copy of the notice referred to in paragraph (1), certified by, or on behalf of, the applicant as having been published in a local newspaper in accordance with paragraph (1)(a) and specifying the name of the newspaper and the date of its publication; and
b
the appropriate certificate on Form 4, signed by or on behalf of the applicant.
Notification of applications to owners
7
1
An application for hazardous substances consent shall not be entertained by the hazardous substances authority unless it is accompanied by which ever of certificates A to D set out in Form 5 is appropriate, signed by or on behalf of the applicant.
2
The required notice referred to in certificates B and C of Form 5 shall, in the case of an application for hazardous substances consent, be a notice given on Form 6 and shall invite any owner on whom the notice is served to make representations on the application to the hazardous substances authority within 21 days of service of the notice.
Inspection of applications
8
The applicant shall make a copy of the application available for inspection at a place within the locality of the application site during the period or periods allowed for making representations pursuant to regulation 6(2) and 7(2).
Receipt of applications by hazardous substances authority
9
1
When the hazardous substances authority receive an application for hazardous substances consent or an application for any consent, agreement or approval required by a condition imposed on a grant of hazardous substance consent, they shall, as soon as practicable, acknowledge receipt in writing.
2
Where, in the opinion of the hazardous substances authority, the application is invalid, the authority shall, as soon as practicable, notify the applicant of their opinion, giving their reasons.
3
For the purposes of this regulation and regulations 10 and 11, an application for hazardous substances consent shall be taken to have been received when each of the following events has occurred —
a
the application form has been served on the hazardous substances authority;
b
any certificate or documents required by regulations 6 and 7 have been served on that authority; and
c
any fee required to be paid in respect of the application has been paid to that authority and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment.
Consultation before the grant of hazardous substances consent
10
1
Except where the body or person concerned has notified the hazardous substances authority that they do not wish to be consulted, the authority shall, before determining an application for hazardous substances consent, consult —
a
the Health and Safety Executive;
b
the district or London borough council or county council concerned, where that council is not also the hazardous substances authority;
c
the parish or community council concerned;
d
the fire and civil defence authority concerned, where that authority is not also the hazardous substances authority;
e
the National Rivers Authority;
f
the public gas supplier concerned;
g
the electricity board concerned;
h
where the land to which the application relates is within 2 kilometres of a royal palace, park or residence, the Secretary of State;
i
where the land to which the application relates is in an area designated as a new town, the development corporation for the new town;
j
where the land to which the application relates is situated within 2000 metres of —
i
an adjacent county, district or London borough, the council for that county, district or London borough;
ii
the area of an adjacent fire authority and civil defence authority, that authority;
iii
an adjacent new town, the development corporation for the new town;
k
where it appears to the hazardous substances authority dealing with the application that land in the area of any other hazardous substances authority may be affected, that authority;
l
where the application relates to land in an area to which section 28(1) of the Wildlife and Countryside Act 1981 applies (sites of special scientific interest), in England, the Nature Conservancy Council or, in Wales, the Countryside Council for Wales;
m
where the application relates to land in an area of coal working notified to the hazardous substances authority by the British Coal Corporation, that Corpora tion;
n
where the application relates to land which is used for disposal or storage of controlled waste, the waste disposal authority concerned, where that authority is not also the hazardous substances authority.
2
Where, under this regulation, a hazardous substances authority is required to consult in respect of an application, they shall, unless a copy of the application has been served on the consultee by the applicant, serve the consultee with a copy of the application within 7 days of its receipt by the authority.
3
In paragraph (1)(n), “controlled waste” has the meaning given to that expression by section 75(4) of the Environmental Protection Act 1990 and “waste disposal authority” shall be construed in accordance with section 30(2) of that Act.
Determination of applications for hazardous substances consent
11
1
A hazardous substances authority shall not determine an application for hazardous substances consent before the expiry of —
a
the period or periods allowed for making representations pursuant to regulation 6(2) and 7(2); and
b
where the authority is required to consult under regulation 10, a period of 28 days beginning with the date on which the consultee is served with a copy of the application, or, where the authority is required to consult more than one consultee, beginning with the date by which all consultees have been so served.
2
Subject to paragraph (1), a hazardous substances authority shall, within the period specified in paragraph (3), give the applicant written notice of their decision or notice that the application has been referred to the Secretary of State for determination by him.
3
The period specified for the purposes of paragraph (2) is —
a
a period of 8 weeks from the date when the application is received by the hazardous substances authority;
b
except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing by the applicant and the hazardous substances authority; or
c
where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured, the appropriate period specified in (a) or (b) above calculated without regard to any time between the date when the authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied that they have received the full amount of the fee.
4
When a hazardous substances authority give notice of a decision on an application the notice shall, where hazardous substances consent is refused or is granted subject to conditions —
a
state, clearly and precisely, their full reasons for the refusal or for any condition imposed;
b
include a statement to the effect that if the applicant is aggrieved by the decision he may appeal to the Secretary of State under section 21 within 6 months of the date of the notice of the decision, or such longer period as the Secretary of State may at any time allow.
5
The hazardous substances authority shall, as soon as is practicable, inform the following persons of the terms of their decision —
a
the Health and Safety Executive;
b
the district or London borough council or county council, where that council is not the hazardous substances authority concerned;
c
any other consultees who have made representations to them on the applica tion; and
d
any owners who have made representations to them on the application.
Notice of reference of applications to the Secretary of State
12
On referring any application to the Secretary of State pursuant to a direction under section 20, a hazardous substance authority shall serve on the applicant a notice —
a
informing the applicant that the application has been referred to the Secretary of State;
b
setting out the reasons given by the Secretary of State for issuing the direction; and
c
containing a statement that the Secretary of State will, if the applicant so desires, give the applicant an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose.
Appeals
13
1
An appeal to the Secretary of State under section 21 shall be made within 6 months of —
a
the date of the notice of the decision giving rise to the appeal; or
b
in the case of an appeal under section 21(2), the expiry of the period specified in regulation 11(3),
or within such longer period as the Secretary of State may, at any time, allow.
2
An appeal under section 21 shall —
a
be made to the Secretary of State on a form obtained from him;
b
include the information specified in the form; and
c
be accompanied by the documents specified in paragraph (3) and the certificate required by paragraph (4).
3
The documents mentioned in paragraph (2)(c) are —
a
the application made to the hazardous substances authority which has occasioned the appeal;
b
any notices and certificates required by regulations 6 and 7 which accompanied the application;
c
any correspondence with the authority relating to the application; and
d
the notice of decision, if any.
4
An appeal under section 21 shall not be entertained by the Secretary of State unless it is accompanied by which ever of certificates A to D is appropriate set out in Form 5, signed by or on behalf of the appellant.
5
The required notice referred to in certificates B and C shall, in the case of an appeal under section 21, be a notice given on Form 7.
6
The appellant shall send a copy of the completed notice of appeal form and accompanying certificate to the hazardous substances authority at the same time as the appeal is made to the Secretary of State.
PART 4
DEEMED CONSENT
Claim for deemed consent
14
1
A claim for deemed consent under section 11 shall —
a
be made to the hazardous substances authority on Form 8;
b
include the information specified by the form, a site map, and, where applicable, a moveable container storage area plan and a vessel location plan for each hazardous substance included in the claim;
c
be accompanied by 3 copies of the form and the map and any plan submitted with it.
2
The site map required by paragraph (1)(b) shall be a map, reproduced from, or based upon, an Ordnance Survey map with a scale of not less than 1 to 10,000, which identifies the land to which the claim relates and shows National Grid lines and reference numbers.
3
The moveable container storage area plan required by paragraph (1)(b) shall be a plan of the land to which the claim relates, drawn to a scale of not less than 1 to 2,500, which identifies any area of the site where the hazardous substance has been stored in moveable containers at any time during the establishment period.
4
The vessel location plan required by paragraph (1)(b) shall be a plan of the land to which the claim relates, drawn to a scale of not less than 1 to 2,500, which identifies any area of the site where the hazardous substance has been present in a vessel at any time during the establishment period; provided that —
a
no point on the boundary of the area so identified shall be more than 75 metres away from —
i
a building which is or was within the area and which at any time during the establishment period contained a vessel in which the substance was present;
ii
plant and machinery (other than pipe work) which is or was affixed to land within the area and which, at any time during the establishment period whilst it was so affixed, was used for an industrial process involving the substance; or
iii
a vessel which is or was located outside a building and within the area and in which, at any time during the establishment period whilst it was so located, the substance was present;
b
no area identified in accordance with this paragraph shall overlap with any other area so identified in respect of the same substance.
Conditions on deemed consent
15
The conditions set out in Schedule 3 are the prescribed conditions for the purposes of section 11(7)(b).
Interpretation of deemed consent provisions
16
1
For the purpose of paragraph (3) of regulation 14 and the condition set out in paragraph 7(1) of Schedule 3, no account shall be taken of the storage of a hazardous substance in moveable containers in an area, if the quantity of the substance so stored in that area does not exceed 10% of the substance’s controlled quantity.
2
For the purpose of the 75 metre limit in paragraph (4)(a) of regulation 14, where a petroleum — spirit licence under the Petroleum (Consolidation) Act 1928 applying to the site was in force at any time during the establishment period, the reference to a vessel in which the hazardous substance was present shall, in relation to hazardous substance number 71 in column 1 of Schedule 1, include any vessel identified in the licence.
3
For the purpose of paragraph (4) of regulation 14 and the conditions set out in paragraphs 1 to 6 of Schedule 3, and for the purpose of completing Table C in Form 8, no account shall be taken of the presence in a vessel of a hazardous substance if the quantity present in the vessel does not exceed 10% of the substance’s controlled quantity.
4
For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, and for the purpose of completing Table C in Form 8, a hazardous substance shall not be treated as being present in a vessel at other than ambient temperature by virtue only of —
a
the heating of the substance to maintain its fluidity during seasonal variations in temperature; or
b
any cooling effect resulting from the vaporisation of the substance during the withdrawal of vapour from the vessel; or
c
the presence of the substance at above or below ambient temperature on entry into the vessel, if the temperature of the substance is allowed to move to ambient temperature upon entry.
5
For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, and for the purpose of completing Table C in Form 8, a hazardous substance shall not be treated as being present at above atmospheric pressure unless the pressure at which it is present exceeds 1.5 bar absolute.
6
For the purpose of the conditions set out in paragraphs 1 to 5 of Schedule 3, no account shall be taken of an increase in pressure during the operation of a pressure relief system.
7
In Schedule 3 and Table C in Form 8 “vessel area” means an area identified in a vessel location plan in accordance with paragraph (4) of regulation 14.
8
In Schedule 3, references to a column of Table C refer to the relevant column of Table C of the form on which the claim for deemed consent is made which applies to the relevant hazardous substance and vessel area.
PART 5
ENFORCEMENT
Hazardous substances contravention notices
17
1
A hazardous substances contravention notice shall identify the land to which the notice relates, whether by reference to a plan or otherwise.
2
The persons prescribed pursuant to section 24(4)(c) (other persons to be given notice) are all persons having an interest in the land which in the opinion of the authority issuing the notice is materially affected by the notice.
3
Every copy of a hazardous substances contravention notice served pursuant to section 24(4) shall be accompanied by a statement setting out —
a
the hazardous substances authority’s reasons for issuing the notice;
b
the right of appeal to the Secretary of State against the notice, and the persons by whom, grounds upon which and time within which such an appeal may be brought under section 174 of the principal Act.
Appeals against hazardous substances contravention notices
18
1
Sections 174, 175(3), (6), 176 and 177 of the principal Act shall apply to appeals against hazardous substances contravention notices, subject to the modifications set out in Part 1 of Schedule 4.
2
The provisions of those sections, as modified under paragraph (1), are set out in Part 5 of Schedule 4.
Appeals: supplementary
19
1
A person who appeals against a hazardous substances contravention notice shall, at the same time as notice of the appeal is given or sent to the Secretary of State under section 174(3) of the principal Act, serve on the hazardous substances authority a copy of the notice of appeal and accompanying material required by section 174(4) of that Act.
2
The hazardous substances authority shall, within 28 days of being served with the notice of appeal, serve on the Secretary of State and on the appellant a statement —
a
setting out their submissions in relation to each ground of appeal; and
b
indicating whether they would be prepared to grant hazardous substances consent for the presence on, over or under the land of any quantity of the hazardous substance to which the hazardous substances contravention notice relates and, if so, particulars of the conditions, if any, which they would wish to impose on such consent.
3
The hazardous substances authority shall, within that 28 day period, give notice of the appeal to occupiers of properties in the locality of the site to which the hazardous substances contravention notice relates.
Effect of hazardous substances contravention notices, etc
20
1
Sections 178 to 181 of the principal Act shall have effect in relation to hazardous substances contravention notices, subject to the modifications set out in Part 2 of Schedule 4.
2
The provisions of those sections, as modified under paragraph (1), are set out in Part 5 of Schedule 4.
Enforcement register
21
1
Section 188 of the principal Act (register of enforcement and stop notices) shall have effect in relation to hazardous substances contravention notices, subject to the modifications set out in Part 3 of Schedule 4.
2
The provisions of that section, as modified under paragraph (1), are set out in Part 5 of Schedule 4.
Validity
22
1
Sections 285 and 289 of the principal Act shall apply to appeals against hazardous substances contravention notices, subject to the modifications set out in Part 4 of Schedule 4.
2
Section 25(2) is subject to any order under section 289(4A) of the principal Act, as applied by paragraph (1).
3
The provisions of sections 285 and 289 of the principal Act, as modified under paragraph (1), are set out in Part 5 of Schedule 4.
PART 6
CONSENTS REGISTER
Consents register
23
1
The register required by section 28(1) shall be kept in 6 parts —
a
Part 1 shall contain a copy of every application for hazardous substances consent made to the hazardous substances authority and not finally determined;
b
Part 2 shall contain, in respect of every application for hazardous substance consent made to the hazardous substances authority —
i
a copy of the application;
ii
particulars of any direction given under section 20;
iii
the decision (if any) of the authority, including details of any conditions subject to which consent was granted and the date of the decision;
iv
the reference number, date and effect of any decision of the Secretary of State, whether on a reference under section 20 or on an appeal under section 21;
c
Part 3 shall contain a copy of every order revoking or modifying hazardous substances consent made by the hazardous substance authority and the date and effect of any confirmation by the Secretary of State in accordance with section 15.
d
Part 4 shall contain, in respect of every hazardous substances consent deemed to be granted under section 11(3), a copy of the relevant claim form;
e
Part 5 shall contain a copy of every hazardous substance consent deemed to be granted by virtue of a direction given by a Government Department under section 12;
f
Part 6 shall contain a copy of any direction under section 27 sent to the authority by the Secretary of State.
2
Where the Secretary of State grants hazardous substances consent under section 177 of the principal Act on the determination of an appeal against a hazardous substances contravention notice, the hazardous substances authority for the land covered by the consent shall enter the date and effect of that decision in Part 2 of the register.
3
The register shall include an index to enable any person to trace an entry in the register.
4
Every entry in the register shall be made within 14 days of the relevant information being available to the hazardous substances authority.
5
The register shall be kept at the principal office of the hazardous substances authority.
6
For the purpose of paragraph (1)(a), an application shall not be treated as finally determined unless —
a
it has been decided by the hazardous substances authority (or the period specified in regulation 11(3) has expired without their giving a decision) and the period specified in regulation 13(1) has expired without any appeal having been made to the Secretary of State;
b
it has been referred to the Secretary of State under section 20 or an appeal has been made to the Secretary of State under section 21, the Secretary of State has issued his decision and the period of 6 weeks specified in section 22(1) has expired without any application having been made to the High Court under that section;
c
an application has been made to the High Court under section 22 and the matter has been determined, either by final dismissal of the application by a Court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under the said section 22 being duly made); or
d
it has been withdrawn by the applicant before being determined or an appeal has been withdrawn by the applicant before the Secretary of State has issued his decision.
PART 7
MISCELLANEOUS
Fees for applications
24
1
Subject to paragraph (3), a fee shall be payable to a hazardous substances authority on an application for hazardous substances consent as follows —
a
if section 13(1) applies (new consent without previous conditions), £200;
b
if section 13(1) does not apply and the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity, £400;
c
in all other cases, £250;
2
Subject to paragraph (3), a fee shall be payable to a hazardous substances authority on an application for the continuation of hazardous substances consent under section 17(1) of £200.
3
Where applications relating to the same site are made to two or more hazardous substances authorities, a fee shall be payable only to the authority in whose area the largest part of the site is situated and the amount payable shall be the amount that would have been payable if application had fallen to be made to one authority in relation to the whole site.
4
Any fee due in respect of an application shall accompany the application when it is made to the hazardous substances authority.
5
Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.
Fees for deemed applications
25
1
Subject to paragraph (4), a fee shall be paid to the Secretary of State in every case where an application for hazardous substances consent is deemed to have been made by virtue of section 177(5) of the principal Act (in consequence of an appeal under section 174 of that Act against a hazardous substances contravention notice) by every person who has made a valid appeal against the relevant hazardous substances contravention notice and whose appeal has not been withdrawn before the date on which the Secretary of State issues a notice under paragraph (3).
2
Subject to paragraph (6), the fee payable shall be the amount which would be payable under regulation 24 if the application were an application to which that regulation applied.
3
The fee due shall be paid at such time as the Secretary of State may in the particular case specify by notice in writing to the appellant.
4
This regulation shall not apply where the appellant had —
a
before the date when the hazardous substances contravention notice was issued, applied to the hazardous substances authority for hazardous substances consent for the presence of the quantity of the substance to which the notice relates, and had paid to the authority the fee payable in respect of that application; or
b
before the date specified in the notice as the date on which it is to take effect, made an appeal to the Secretary of State against the refusal of the hazardous substances authority to grant such consent,
and at the date when the relevant notice was issued that application or, in the case of an appeal made before that date, that appeal, had not been determined.
5
Any fee paid in respect of the deemed application shall be refunded to the appellant by the Secretary of State if —
a
the Secretary of State declines jurisdiction on the relevant appeal on the grounds that it does not comply with one or more of the requirements of subsections (1) to (3) of section 174 of the principal Act;
b
the Secretary of State dismisses the relevant appeal in exercise of his powers under section 176(3)(a) of the principal Act (on the grounds that the appellant has failed to comply with section 174(4) of that Act);
c
the Secretary of State allows the relevant appeal and quashes the relevant hazardous substances contravention notice in exercise of his powers under section 176(3)(b) of the principal Act (on the grounds that the hazardous substances authority have failed to comply with regulation 19(2) of these Regulations);
d
the relevant appeal is withdrawn with the result that there are at least 21 days between the date on which notice in writing of the withdrawal is received by the Secretary of State and —
i
the date (or in the event of postponement, the latest date) appointed for the holding of an inquiry or hearing into that appeal; or
ii
in the case of an appeal which is being dealt with by written representations, the date (or in the event of postponement, the latest date) appointed for the inspection of the site to which the notice relates;
e
the hazardous substances authority withdraws the relevant hazardous sub stances contravention notice before it takes effect, or the Secretary of State decides that the notice is a nullity;
f
the Secretary of State allows the relevant appeal on any of the grounds set out in section 174(2)(b) to (e) of the principal Act; or
g
the Secretary of State allows the relevant appeal on the ground that the notice is invalid, or that it contains a defect, error or misdescription which cannot be corrected under section 176(1)(a) of the principal Act.
6
Where a hazardous substances contravention notice is varied under section 176(1) of the principal Act otherwise than to take account of a grant of hazardous substances consent under section 177(1), and the fee calculated in accordance with paragraph (2) would have been a lesser amount if the original notice had been in the terms of the varied notice, the fee payable shall be that lesser amount and any excess amount already paid shall be refunded.
7
In determining a fee under paragraph (6) no account shall be taken of any change in fees which takes effect after the making of the deemed application.
Application of the Act to hazardous substances authorities
26
1
Any application by a hazardous substances authority for hazardous substances consent shall be made to the Secretary of State.
2
Regulations 5 to 8 shall apply to the making of such applications as they apply to applications made to a hazardous substances authority.
3
For the purpose of regulation 23, an application made to the Secretary of State by a hazardous substances authority shall be treated as an application made to the hazardous substances authority and referred to the Secretary of State under section 20.
4
Section 9 (other than subsection (2)(e)) shall apply in relation to an application made to the Secretary of State by a hazardous substances authority as it applies in relation to an application made to a hazardous substances authority.
5
For the purpose of section 22, a decision of the Secretary of State on an application made to him by a hazardous substances authority shall be treated as a decision under section 20.
Michael Heseltine
Secretary of State for the Environment
11th March 1992
David Hunt
Secretary of State for Wales
11th March 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Customs and Excise (Single Market etc.) Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
In these Regulations “the 1979 Act ” means the Customs and Excise Management Act 1979.
Amendment of the 1979 Act
3
The 1979 Act shall be amended as follows.
1
In section 1(1) (interpretation) the definition of “approved route” shall be omitted.
2
In sections 20(3) (approval of wharves), 22(3) (approval of examination stations at customs and excise airports), 25(3) (approval of transit sheds) and 42(3) (power to regulate unloading, removal, etc. of imported goods) respectively there shall be added at the end “or to any goods which are moving under the procedure specified in Article 3.3 of Council Regulation ( EEC ) No. 2726/90 (transit procedures).”.
3
In section 26(1) (power to regulate movements of goods into and out of Northern Ireland by land), paragraph (a) shall be omitted.
4
In section 35 (report inwards) —
a
in subsection (1) the words after “applies” shall be omitted;
b
in subsection (6) —
i
for “aircraft or vehicle” there shall be substituted “or aircraft”,
ii
for “flight or journey” there shall be substituted “or flight”;
c
in subsection (7) —
i
“or after a vehicle crosses the boundary into Northern Ireland” shall be omitted,
ii
“or the person in charge of the vehicle” shall be omitted;
d
subsection (8) shall be omitted.
5
Sections 37 (entry of goods on importation), 38 (acceptance of incomplete entry) and 38A (examination of goods for purpose of making entry) shall cease to have effect.
6
In section 63 (entry outwards of exporting ships) —
a
in subsection (1), after “exportation” (in the first place where it occurs) there shall be inserted “to a place outside the member States” and for “the United Kingdom” there shall be substituted “those States”;
b
in subsection (2), for “United Kingdom” (in the second place where it occurs) there shall be substituted “member States”;
c
in subsection (7) , after “United Kingdom” (in the first place where it occurs) there shall be inserted “or the member States”.
7
In section 64(1) (clearance outwards of ships and aircraft), for “United Kingdom” there shall be substituted “member States”.
8
After section 75A (records relating to importation and exportation) there shall be inserted the following —
Records relating to firearms
75B
1
Every person who is concerned (in whatever capacity) in the importation or exportation of weapons or firearms within the meaning of Council Directive 91/477/EEC (control of acquisition and possession of such goods) shall keep such records as the Commissioners may require for the purposes of that Directive.
2
Subsections (2) to (6) of section 75A above shall apply in relation to any requirement under this section and to the records kept in pursuance of this section as they apply in relation to any requirement under that section and to the records kept in pursuance of that section.
Records relating to goods subject to certain transit arrangements
75C
1
Every person who is concerned (in whatever capacity) in the importation or exportation of goods which are subject to the transit arrangements set out in Commission Regulation (EEC) No. 1214/92 shall keep such records as the Commissioners may require for the purposes of Article 16 of that Regulation (verification of procedures and documents).
2
Subsections (2) to (6) of section 75A above shall apply in relation to any requirement under this section and to the records kept in pursuance of this section as they apply in relation to any requirement under that section and to the records kept in pursuance of that section.
.
9
After section 77A (information powers) there shall be inserted the following —
Information powers relating to firearms
77B
1
Every person who is concerned (in whatever capacity) in the importation or exportation of weapons or firearms within the meaning of the Directive mentioned in section 75B(1) above shall —
a
furnish to the Commissioners, within such time and in such form as they may reasonably require, such information relating to such goods or to the importation or exportation as the Commissioners may specify for the purposes of that Directive; and
b
if so required by an officer for such purposes, produce or cause to be produced for inspection by the officer —
i
at the principal place of business of the person upon whom the demand is made or at such other place as the officer may reasonably require, and
ii
at such time as the officer may reasonably require, any documents relating to such goods or to the importation or exportation.
2
Subsections (2) to (7) of section 77A above shall apply in relation to any requirement under this section as they apply in relation to any requirement under that section. goods to
Information powers relating to goods subject to certain transit arrangements
77C
1
Every person who is concerned (in whatever capacity) in the importation or exportation of goods which are subject to the transit arrangements set out in the Commission Regulation mentioned in section 75C(1) above shall —
a
furnish to the Commissioners, within such time and in such form as they may reasonably require, such information relating to the goods or to the importation or exportation as the Commissioners may specify for the purposes of Article 16 of that Regulation (verification of procedures and docu ments); and
b
if so required by an officer for such purposes, produce or cause to be produced for inspection by the officer —
i
at the principal place of business of the person upon whom the demand is made or at such other place as the officer may reasonably require, and
ii
at such time as the officer may reasonably require, any documents relating to such goods or to the importation or exportation.
2
Subsections (2) to (7) of section 77A above shall apply in relation to any requirement under this section as they apply in relation to any requirement under that section.
.
10
After section 78(1A) (customs and excise control of persons entering the United Kingdom) there shall be inserted a new subsection as follows —
1B
Subsection (1) above does not apply to a person entering the United Kingdom from another member State, except —
a
where he arrives at a customs and excise airport in an aircraft in which he began his journey in a place outside the member States; or
b
as respects such of his baggage as —
i
is carried in the hold of the aircraft in which he arrives at a customs and excise airport, and
ii
notwithstanding that it was transferred on one or more occasions from aircraft to aircraft at an airport in a member State, began its journey by air from a place outside the member States.
.
Amendment of Ship’s Report etc. Regulations
4
After regulation 11 of the Ship’s Report, Importation and Exportation by Sea Regulations 1981 there shall be added the following —
12
1
The Commissioners and the proper officer shall exercise their powers under regulations 8 to 11 above so as to secure that the obligations imposed by those regulations do not, except in a case falling within paragraph (2) below, prevent, restrict or delay the movement between different member States of any goods or ship entering or leaving the United Kingdom.
2
The cases mentioned in paragraph (1) above are those where it appears to the Commissioners or the proper officer that there are reasonable grounds for believing that the movement in question is not in fact between different member States or that compliance with an obligation imposed by those regulations is required for purposes connected with —
a
securing the collection of any Community customs duty or giving effect to any Community legislation relating to any such duty;
b
the enforcement of any prohibition or restriction for the time being in force by virtue of any Community legislation with respect to the movement of goods into or out of the member States; or
c
the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom.
.
Amendment of Aircraft Regulations
5
After regulation 8 of the Aircraft (Customs and Excise) Regulations 1981 there shall be added the following —
9
1
The Commissioners and the proper officer shall exercise their powers under regulations 4 to 8 above so as to secure that the obligations imposed by those regulations do not, except in a case falling within paragraph (2) below, prevent, restrict or delay the movement between different member States of any goods or passenger entering or leaving the United Kingdom.
2
The cases mentioned in paragraph (1) above are those where it appears to the Commissioners or the proper officer that there are reasonable grounds for believing that the movement in question is not in fact between different member States or that compliance with an obligation imposed by those regulations is required for purposes connected with —
a
securing the collection of any Community customs duty or giving effect to any Community legislation relating to any such duty;
b
the enforcement of any prohibition or restriction for the time being in force by virtue of any Community legislation with respect to the movement of goods into or out of the member States; or
c
the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom.
.
Amendment of Pleasure Craft Regulations
6
In regulation 2 of the Pleasure Craft (Arrival and Report) Regulations 1990 the definition of “pleasure craft” shall be amended by the substitution of “a place outside the member States” for “abroad”.
Amendment of Importation of Goods Regulations
7
In the Customs Controls on Importation of Goods Regulations 1991 —
a
in regulation 5 —
i
in paragraph (1), for “fourteen” and “seven” there shall be substituted respectively “forty-five” and “twenty”,
ii
in paragraph (2), the words after “officer” shall be omitted;
b
in regulation 7 there shall be added at the end “or which are moving under the procedure specified in Article 3.3 of Council Regulation (EEC) No. 2726/90 (transit procedures)”.
Northern Ireland
8
The following customs and excise stations are hereby appointed for the examination of goods being imported or exported by land —
Custom House, Newry;
Custom House, Enniskillen;
Customs' Office, Lisahally, Londonderry.
9
The Customs (Land Boundary) Regulations 1953 and the Customs (Land Boundary) Regulations 1965 are hereby revoked.
10
1
The enactments mentioned in Schedule 1 to these Regulations shall have effect subject to the amendments there specified (being amendments consequential on regulation 3(5)).
2
The enactments mentioned in Schedule 2 to these Regulations are hereby repealed to the extent specified in the third column of that Schedule.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
8th December 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1992 and shall come into force on 2nd June 1992.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
5th May 1992


text:
Title and commencement
1
This Order may be cited as the Medicines (Prohibition of Non-medicinal Antimicrobial Substances) (Amendment) Order 1992 and shall come into force on1st December 1992.
Amendment
2
1
The Medicines (Prohibition of Non-medicinal Antimicrobial Substances) Order 1977 shall be amended in accordance with the provisions of this article.
2
In Schedule 2 —
a
in column 2 (purpose) in relation to the entry “3. Streptomycins” there shall be added, at the end, the following subparagraph —
3
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
;
b
at the end there shall be added the following paragraphs —
Column 1 Column 2 Column 3 Substance Purpose Circumstances
4
Amphotericins
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
5
Gentamicins
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
6
Kanamycins
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
7
Lincomycins
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
8
Nystatin
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
9
Penicillins
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
10
Spectinomycin
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
11
Tylosin
When used, sold or supplied for use as a preservative in a product used in the artificial breeding of animals.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
27th October 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd October 1992
David Hunt
Secretary of State for Wales
21st October 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
23rd October 1992
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. E. Elliott
Permanent Secretary
26th day of October 1992.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
29th day of October 1992.


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.
2
In Regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£244” there shall be substituted “£254” and for “£99” there shall be substituted “£103”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
9th March 1992
We consent to the making of these Regulations
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
1
This Order may be cited as the Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) (Amendment) Order 1992.
2
The Further and Higher Education Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992 shall be amended by —
a
the addition in Schedule 2 of the following words after the words “Section 26” in column 1 of that Schedule (transfer of staff to further education corporations) —
except in respect of persons employed by a local authority to work solely at the institution the corporation is established to conduct and who are so employed in connection with an arrangement for the supply by that local authority of goods or services for the purposes of that institution in pursuance of a bid prepared under section 7 of the Local Government Act 1988
; and
b
the substitution in Schedule 4 of the words “Section 93(2)” for the words “Section 93(1)” in the second place where they occur.
Nigel Forman
Parliamentary Under Secretary of State,
Department for Education
25th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transitional and Supplementary Provisions) Order 1992 and shall come into force on1st August 1992.
2
In this Order “Kensington and Chelsea” means the council of the Royal Borough of Kensington and Chelsea.
Application of specified provisions
2
1
The provisions specified in paragraph (2) below (“the specified provisions”) shall apply in relation to Kensington and Chelsea as respects a relevant course as if that council were the local education authority for the area comprising the area of all the inner London councils.
2
The specified provisions are sections 1, 2 and 4 of, and Schedule 1 to, the Education Act 1962 , regulations made in exercise of the powers conferred by the said sections 1 and 4 and the said Schedule , and section 209 of the Education Reform Act 1988.
3
The specified provisions shall not apply to the other inner London councils or to the London Residuary Body to the extent that they apply to Kensington and Chelsea by virtue of paragraph (1) above.
4
In paragraph (1) above “a relevant course” means a course to which section 1 or (as the case may be) section 2 of the said Act of 1962 applies and in respect of which an award has been bestowed by the Inner London Education Authority or by the London Residuary Body.
Continuity
3
Anything which immediately before 1st August 1992 was in the process of being done by or in relation to the London Residuary Body in the exercise of or in connection with the specified functions as respects a relevant course may be continued by or in relation to Kensington and Chelsea.
Transfer of money
4
1
On 3rd August 1992 the London Residuary Body shall pay to Kensington and Chelsea £680,000 from revenue balances on its Inner London account.
2
The sum paid in accordance with paragraph (1) above shall, subject to paragraph (3) below, be applied by Kensington and Chelsea only for defraying expenditure on or in connection with payments made by them under section 1 or 2 (local education authority awards) of the Education Act 1962 as a consequence of the making of this Order.
3
Kensington and Chelsea shall pay to the London Residuary Body any balance of the sum referred to in paragraph (1) above which remains after all such payments referred to in paragraph (2) above have been made.
Revocation and transitional provision
5
The Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990 is hereby revoked but nothing in this article shall prevent the Secretary of State from paying grant to the London Residuary Body under section 209 of the Education Reform Act 1988 in respect of amounts paid by it prior to1st August 1992.
Kenneth Clarke
Secretary of State for Education and Science
6th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Additional Provisions for Discount Disregards) (Amendment) Regulations 1992 and shall come into force on 27th November 1992.
Visiting forces
2
Regulation 3 of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 is amended by the addition after Class C of the following —
Visiting forces
Class D a person who has a relevant association, within the meaning of Part I of the Visiting Forces Act 1952, with a body, contingent or detachment of the forces of a country, to which any provision in that Part applies on that day.
.
Michael Howard
Secretary of State for the Environment
23rd November 1992
David Hunt
Secretary of State for Wales
25th November 1992


text:
1
The County Council of Norfolk (A1151 Wroxham/Hoveton Bypass, River Bure Bridge) Scheme 1988 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of the Norfolk County Council, County Hall, Martineau Lane, Norwich NR1 2DH.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 of the Highways Act 1980.
4
This Instrument may be cited as the County Council of Norfolk (A1151 Wroxham/Hoveton Bypass, River Bure Bridge) Scheme 1988 Confirmation Instrument 1992.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
3rd June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Princess Royal Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Princess Royal Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Princess Royal Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at The Princess Royal Hospital, Apley Castle, Telford TF6 6TF.
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 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Shropshire District Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Shropshire District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Shropshire District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Income Tax (Dividend Manufacturing) Regulations 1992 and shall come into force on 22nd March 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board of directors” means the Board of directors of LIFFE (A &M) ;
“the Deltapluslong limit” and“the Deltaplusshort limit” have the meanings given by regulation 9(1) and 9(2) respectively;
“designated account” means an account designated for a member by the Board of directors in connection with options to buy or sell quoted United Kingdom equities;
“ LIFFE ” means The London International Financial Futures and Options Exchange;
“LIFFE (A &M)” means The London International Financial Futures Exchange (Administration and Management);
“the London Stock Exchange” means The International Stock Exchange of Great Britain and the Republic of Ireland Limited;
“the Management Act ” means the Taxes Management Act 1970( ;
“the Maxlong limit” and“the Maxshort limit” have the meanings given by regulation 8(1) and 8(2) respectively;
“member” means a member of LIFFE (A &M) who is recognised as such by the Board of directors;
“option” means an option to buy or sell United Kingdom equities which is listed by and traded on LIFFE;
“options market maker” means a member who buys and sells, on his own account, options to buy or sell quoted United Kingdom equities and who, at the times specified in regulation 7(2)(b), (d) and (e) below, was recognised by the Board of directors as a market maker in relation to options in respect of quoted United Kingdom equities of a particular kind and was acting in the capacity of a market maker in relation to those options;
“quoted United Kingdom equities” means shares of any company resident in the United Kingdom which have been admitted to the Official List of the London Stock Exchange or which are permitted to be dealt in on the Unlisted Securities Market of the London Stock Exchange;
“relevant expiry month” means a calendar month during which an option to buy or sell quoted United Kingdom equities of a particular kind will expire, unless previously exercised;
“Schedule 23A” means Schedule 23A to the Taxes Act ;
“section 737” means section 737 of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“United Kingdom equities” means shares of any company resident in the United Kingdom.
Introductory
3
These Regulations —
a
prescribe certain matters for the purposes of the definition of “unapproved manufactured payment” in sub-paragraph (1) of paragraph 1 of Schedule 23A;
b
make modifications in the application of section 737;
c
make provision with respect to the records which are to be kept, the vouchers which are to be issued or produced and the returns which are to be made by dividend manufacturers in connection with the manufacturing of dividends;
d
make provision for a prescribed provision of the Management Act to apply to manufactured dividends.
Overall scope of these Regulations
4
These Regulations apply to manufactured dividends on United Kingdom equities.
PART II
PRESCRIPTION OF MATTERS FOR THE PURPOSES OF THE DEFINITION OF “UNAPPROVED MANUFACTURED PAYMENT”
Interpretation of Part II
5
In this part of these Regulations —
“manufactured dividend” shall be construed in accordance with paragraph 2 of Schedule 23A;
“paragraph (b)” means paragraph (b) of the definition of “unapproved manufactured payment” in sub-paragraph (1) of paragraph 1 of Schedule 23A;
“sub-paragraph (ii)” and “sub-paragraph (iii)” mean sub-paragraphs (ii) and (iii) respectively of paragraph (b).
Prescribed persons for the purposes of sub-paragraph (ii)
6
For the purposes of sub-paragraph (ii) this regulation prescribes —
a
a member who buys and sells options to buy or sell quoted United Kingdom equities as a class or description of member; and
b
LIFFE (A & M) as a recognised investment exchange.
Prescribed circumstances for the purposes of sub-paragraph (ii)
7
1
Paragraph (2) of this regulation prescribes, for the purposes of sub-paragraph (ii), the circumstances where a manufactured dividend shall be excepted from paragraph (b) by virtue of sub-paragraph (ii).
2
The circumstances prescribed by this paragraph are where —
a
the manufactured dividend is paid in respect of quoted United Kingdom equities of a particular kind (in this regulation referred to as “equities”);
b
the manufactured dividend is paid by a member who, immediately before the time of entering into the contract or other arrangements for the transfer of the equities under which the manufactured dividend is paid (that time being referred to in this regulation as “the contract time”), is required to pay a manufactured dividend to the other party in respect of equities —
i
purchased as an options market maker by way of a hedge against the likelihood of his having to deliver such equities on a future exercise of options which he has bought or sold, or
ii
sold as an options market maker by way of a hedge against the likelihood of his having to receive such equities on a future exercise of options which he has bought or sold, or
iii
purchased as an options principal trader by way of a hedge against the likelihood of his having to deliver such equities on a future exercise of options which he has bought or sold, or
iv
sold as an options principal trader by way of a hedge against the likelihood of his having to receive such equities on a future exercise of options which he has bought or sold, or
v
purchased or sold in order to meet his obligation to deliver or receive equities resulting from the earlier exercise of options by or against him;
c
the number of equities —
i
purchased by the member where paragraph (i) of sub-paragraph (b) applies, does not result in the total number of equities held by the member at the contract time for the purpose specified in that paragraph exceeding the Maxlong limit applicable on that date in respect of equities, or
ii
sold by the member where paragraph (ii) of sub-paragraph (b) applies, does not result in the total number of equities sold at the contract time by the member for the purpose specified in that paragraph exceeding the Maxshort limit applicable on that date in respect of equities, or
iii
purchased by the member where paragraph (iii) of sub-paragraph (b)applies, does not result in the total number of equities held by the memberat the contract time for the purpose specified in that paragraph exceedingthe Deltapluslong limit applicable on that date in respect of equities, or the Maxlong limit applicable on that date in respect of equities to which he would be subject if he were an options market maker, whichever is the less, or
iv
sold by the member where paragraph (iv) of sub-paragraph (b) applies, does not result in the total number of equities sold by the member at the contract time for the purpose specified in that paragraph exceeding the Deltaplusshort limit applicable on that date in respect of equities, or the Maxshort limit applicable on that date in respect of equities to which he would be subject if he were an options market maker, whichever is the less, or
v
purchased by the member in order to meet his obligation to deliver within paragraph (v) of sub-paragraph (b), does not exceed the amount, if any, by which the number of equities which he is so obliged to deliver exceeds the number of equities of that kind calculated by reference to the formula —
A + B - C
where —
A is the number of equities which he held at the time of exercise of those options, other than equities which he was obliged to deliver at that time as the result of an earlier agreement to sell equities which at the time of theagreement he did not own and had not agreed to purchase, which he had agreed to sell in order to hedge the likelihood of his having to receive such equities on a future exercise of options which he had bought or sold, and which did not exceed the appropriate limit at the time of the agreement,
B is the number of such equities which he was entitled to receive at that time as a result of the exercise of other options by or against him, and
C is the number of such equities which he held at that time by way of a hedge against the likelihood of his having to deliver such equities on a future exercise of other options which he had bought or sold;
d
if, and to the extent that, in the circumstances referred to in paragraphs (i) to (iv) of sub-paragraph (b) the number of equities so held or sold immediately before the contract time but before the payment of the manufactured dividend exceeds, at any time subsequent to the contract time, and for a period of six consecutive days, the appropriate limit as calculated from day to day in respect of equities, he has made the sales or purchases (as the case may require) necessary to eliminate that excess prior to the expiry of the day following the end of that period; and
e
if, and to the extent that, in the circumstances referred to in paragraph (v) of sub-paragraph (b), the number of equities so purchased or sold immediately before the contract time but before the payment of the manufactured dividend exceeds, for a period of six consecutive days, the sum of —
i
the appropriate limit, as calculated from day to day, in respect of equities which are required as a hedge against the likelihood of his having to deliver or receive such equities on a future exercise of other options which he had bought or sold, and
ii
the number of equities which are required to meet his obligation to deliver or receive equities resulting from the exercise of other options by or against him,
he has made the sales or purchases (as the case may require) necessary to eliminate that excess prior to the expiry of the day following the end of that period.
3
For the purposes of sub-paragraphs (c)(v), (d) and (e) of paragraph (2), “the appropriate limit” means —
a
as regards a member who is an options market maker in relation to those equities at the time of the agreement referred to in the definition of A in sub-paragraph (c)(v) of paragraph (2) or, as the case may be, during the period specified in sub-paragraph (d) or (e) of that paragraph, the Maxlong limit or the Maxshort limit (as the case may require), and
b
as regards a member who is an options principal trader in relation to those equities at the time or, as the case may be, during the period referred to in sub-paragraph (a) of this paragraph, the Deltapluslong limit or the Maxlong limit, whichever is the less, or the Deltaplusshort limit or the Maxshort limit, whichever is the less (as the case may require).
Meaning of the Maxlong limit and the Maxshort limit
8
1
For the purposes of these Regulations, “the Maxlong limit” means, in relation to options entered into by a member who is an options market maker to buy or sell quoted United Kingdom equities of a particular kind, the maximum number of such equities which is found by —
a
making the following calculation in respect of each relevant expiry month and each designated account —
D - E
where D is the number of equities which he is likely to deliver, and E is the number of equities which he is likely to receive, on the exercise of options expiring within that month, on the assumption that —
the market price of the equities is at a figure which having regard to paragraphs (ii) and (iii) would produce the maximum figure resulting from that calculation,
such options as give the holder the right to buy such equities at a price above that market price, or to sell such equities at a price below that market price, are not exercised, and
such options as give the holder the right to buy such equities at a price equal to or below that market price, or to sell such securities at a price equal to or above that market price, are exercised;
b
where the amount calculated by reference to sub-paragraph (a) is a negative amount, treating that amount as zero; and
c
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts.
2
For the purposes of these Regulations “the Maxshort limit” means, in relation to options entered into by a member who is an options market maker to buy or sell quoted United Kingdom equities of a particular kind, the maximum number of such equities which is found by —
a
making the following calculation in respect of each relevant expiry month and each designated account —
F - G
where F is the number of equities which he is likely to receive, and G is the number of equities which he is likely to deliver, on the exercise of options expiring within that month, on the assumption specified in paragraphs (i) to (iii) of sub-paragraph (a) of paragraph (1) above; and
b
proceeding as specified in sub-paragraphs (b) and (c) of paragraph (1).
Meaning of the Deltapluslong limit and the Deltaplusshort limit
9
1
For the purposes of these Regulations “the Deltapluslong limit” means, in relation to options entered into by a member who is an options principal trader to buy or sell quoted United Kingdom equities of a particular kind, the maximum number of such equities which is found by —
a
subject to sub-paragraph (c), making the following calculation in respect of each relevant expiry month and each designated account —
J - K
where J is the number of such equities which he is likely to deliver on the exercise of options expiring within that month, calculated by multiplying the most recently published Delta number by the number of equities in respect of each option which would be transferred if that option were exercised, and K is the number of equities which, adopting the same method of calculation, he is likely to receive, on the exercise of such options;
b
increasing the amount calculated in sub-paragraph (a) by 20 per cent. of the sum of the number of such equities which he would be obliged to deliver and the number he would be obliged to receive, if those options were all exercised;
c
where at the time of calculation such options would expire, unless previously exercised, within a period of four weeks, making the calculation specified in regulation 8(1)(a) in respect of those options for the relevant expiry month instead of the calculations referred to in sub-paragraphs (a) and (b) of this paragraph;
d
where the amount calculated by reference to sub-paragraphs (a) and (b) or the amount calculated by reference to sub-paragraph (c) is a negative amount, treating that amount as zero; and
e
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts.
2
For the purposes of these Regulations “the Deltaplusshort limit” means, in relation to options entered into by a member who is an options principal trader to buy or sell quoted United Kingdom equities of a particular kind, the maximum number of such equities which is found by —
a
subject to sub-paragraph (c), making the following calculation in respect of each relevant expiry month and each designated account —
L - M
where L is the number of such equities which he is likely to receive on the exercise of options expiring within that month, calculated by multiplying the most recently published Delta number by the number of equities in respect of each option whichwould be transferred if that option were exercised, and M is the number of equities which, adopting the same method of calculation, he is likely to deliver, on the exercise of such options;
b
increasing the amount calculated in sub-paragraph (a) by 20 per cent. of the sum of the number of such equities which he would be obliged to deliver and the number he would be obliged to receive, if those options were all exercised;
c
where at the time of calculation such options would expire, unless previously exercised, within a period of four weeks, making the calculation specified in regulation 8(2)(a) in respect of those options for the relevant expiry month instead of the calculations referred to in sub-paragraphs (a) and (b) of this paragraph; and
d
proceeding as specified in sub-paragraphs (d) and (e) of paragraph (1).
3
For the purposes of paragraphs (1) and (2) “the Delta number” means the number which —
a
is calculated and published from time to time under the authority of the Board of directors in relation to each type of option and the price at which the option may be exercised, and
b
reflects the degree of probability of exercise of that option as determined by the Board of directors in the light of the current market price of the shares or stock to which the option relates.
Prescribed recognised clearing house and circumstances for the purposes of sub-paragraph (iii)
10
For the purposes of sub-paragraph (iii) this regulation prescribes —
a
The London Clearing House Limited as a recognised clearing house; and
b
circumstances where the manufactured dividend is paid by The London Clearing House Limited in relation to its clearing function for LIFFE as circumstances where a manufactured dividend shall be excepted from paragraph (b) by virtue of sub-paragraph (iii).
PART III
MODIFICATIONS OF SECTION 737
Interpretation of Part III
11
In this part of these Regulations —
“dividend manufacturer” and “manufactured dividend” shall be construed in accordance with subsection (1) of section 737 ;
“manufactured overseas dividend” shall be construed in accordance with paragraph 4 of Schedule 23A;
“overseas dividend” has the meaning given in sub-paragraph (1) of paragraph 1 of Schedule 23A;
“relief” shall be construed in accordance with subsection (5A) of section 737 ;
“subsection (7A)” and “subsection (7B)” mean subsections (7A) and (7B) respectively of section 737.
Prescribed persons for the purposes of subsection (7A)
12
For the purposes of paragraph (b) of subsection (7A) this regulation prescribes —
a
a member who buys and sells options to buy or sell quoted United Kingdom equities as a class or description of member;
b
LIFFE (A & M) as a recognised investment exchange;
c
a market maker as defined in sub-paragraph (1) of paragraph 1 of Schedule 23A as a class or description of member; and
d
the London Stock Exchange as a recognised investment exchange.
Modifications of section 737(1)
13
1
Paragraph (2) prescribes, for the purposes of subsections (7A) and (7B), the modifications with which subsection (1) of section 737 shall apply in the cases specified in paragraphs (3) and (4).
2
The prescribed modifications to subsection (1) of section 737 are that —
a
the charge to tax under subsection (1) of section 737 shall only apply to the extent that the manufactured dividends (other than manufactured overseas dividends) paid exceed dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) received;
b
the dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) received shall not be treated as the income of the dividend manufacturer to the extent that they do not exceed dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) paid;
c
to the extent that manufactured dividends (other than manufactured overseas dividends) paid do not exceed dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) received, they shall not qualify for relief in the hands of the dividend manufacturer; and
d
section 350(1) of, and Schedule 16 to, the Taxes Act, shall not apply.
3
The cases specified in this paragraph are where the dividend manufacturer is a person prescribed under regulation 12(a) or (c) above.
4
The cases specified in this paragraph are where the manufactured dividend is not an unapproved manufactured payment within the meaning of sub-paragraph (1) of paragraph 1 of Schedule 23A, and Part II of these Regulations.
Modifications of section 737(5A)
14
1
In the cases specified in paragraph (3), paragraph (2) prescribes, for the purposes of subsections (7A) and (7B), the modifications for subsection (5A) of section 737 to apply.
2
The prescribed modifications to subsection (5A) of section 737 are that relief by way of deduction in computing profits or gains shall not be given to any person under any provision of the Tax Acts in respect of the net amount of the manufactured dividend or in respect of any amount which that person is required to deduct from the manufactured dividend on account of income tax.
3
The cases specified in this paragraph are where —
a
the manufactured dividend is an unapproved manufactured payment within the meaning of sub-paragraph (1) of paragraph 1 of Schedule 23A and Part II of these Regulations; and
b
the manufactured dividend is paid by a member of the London Stock Exchange or by a member of LIFFE.
PART IV
ADMINISTRATIVE ARRANGEMENTS RELATING TO SCHEDULE 23A
Interpretation of Part IV
15
In this part of these Regulations —
“manufactured dividend” shall be construed in accordance with paragraph 2 of Schedule 23A;
“unapproved manufactured payment” has the meaning given in sub-paragraph (1) of paragraph 1 of Schedule 23A, and in Part II of these Regulations;
“approved manufactured payment” means a manufactured dividend which is not an unapproved manufactured payment;
“qualifying person” means a person able to pay an approved manufactured payment.
Provision of information relating to approved manufactured payments in certain cases
16
Where a qualifying person pays an approved manufactured payment to another qualifying person (“the recipient”) subsection (3) of section 234 of the Taxes Act shall not apply unless the recipient requires a statement in writing as mentioned in that subsection.
Inclusion of information relating to manufactured payments in corporate returns
17
In a return under Schedule 13 to the Taxes Act, a company shall show unapproved manufactured payments and the tax in respect of those payments separately from approved manufactured payments.
Information about transactions carried on by qualifying persons
18
The Commissioners of Inland Revenue may exercise the powers conferred by section 21 of the Management Act as respects, and in connection with, any business which is, or has been carried on by a qualifying person, and the provisions of that section shall apply with any necessary modifications.
PART V
ADMINISTRATIVE ARRANGEMENTS RELATING TO SECTION 737
Interpretation of Part V
19
In this part of these Regulations —
“dividend manufacturer” and “manufactured dividend” shall be construed in accordance with subsection (1) of section 737;
“manufactured overseas dividend” shall be construed in accordance with paragraph 4 of Schedule 23A;
“overseas dividend” has the meaning given in sub-paragraph (1) of paragraph 1 of Schedule 23A;
“unapproved manufactured payment” has the meaning given in sub-paragraph (1) of paragraph 1 of Schedule 23A, and in Part II of these Regulations;
“approved manufactured payment” means a manufactured dividend which is not an unapproved manufactured payment;
“qualifying person” means a person able to pay an approved manufactured payment.
Accounting for tax chargeable where regulation 13 applies
20
1
This regulation applies to a person prescribed under regulation 12(a) or (c) (in this regulation called “the person in question”).
2
The person in question shall make a return for —
a
each complete quarter falling within the period of account, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December which falls within that period;
b
each part of the period of account which is not a complete quarter and ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within the period of account;
c
if none of those dates falls within the period of account, the whole of that period.
3
A return for any period for which a return is required to be made under this regulation (“a return period”) shall be made within 14 days from the end of that period.
4
The return made by the person in question for any return period shall show —
a
the amount of manufactured dividends (other than manufactured overseas dividends) on which tax is accountable under subsection (1) of section 737;
b
the amount of dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) received by him in that period;
c
the amount of dividends (other than overseas dividends) and manufactured dividends (other than manufactured overseas dividends) received on which tax is accountable under subsection (5) of section 737 ; and
d
the amount of tax accountable under subsections (1) and (5) of section 737.
5
In a return under this regulation, the person in question shall show unapproved manufactured payments and the tax in respect of those payments separately from approved manufactured payments.
6
Tax in respect of manufactured dividends required to be included in a return under this regulation shall be due at the time by which the return for that period is to be made, and tax so due shall be payable without the making of any assessment.
7
Tax which has become so due may be assessed on the person in question (whether or not it has been paid when the assessment is made) if that tax, or any part of it, is not paid on or before the due date.
8
If it appears to the inspector that there is a manufactured dividend which ought to have been and has not been included in a return, or if the inspector is dissatisfied with any return, he may make an assessment on the person in question to the best of his judgment; and any tax due under an assessment made by virtue of this paragraph shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.
9
If, during a later return period within the period of account, dividends (other than overseas dividends) are received which exceed the manufactured dividends (other than manufactured overseas dividends) paid in that same later return period, the tax credit received may be set against any tax paid under section 737 in respect of an earlier return period within the same period of account, and a repayment of tax shall be made accordingly.
10
At the end of the period of account —
a
where the person in question is a company that is not resident in the United Kingdom but carries on a trade through a branch or agency in the United Kingdom which is a market maker as defined in sub-paragraph (1) of paragraph 1 of Schedule 23A or a member of LIFFE, any surplus tax credits received shall be carried forward to that person’s next accounting period;
b
where the person in question is not a company such as is mentioned in sub-paragraph (a) above, any excess dividends shall be charged to tax and any associated tax credits received shall be set against tax payable in respect of that accounting period.
11
In this regulation “period of account” means —
a
where the person in question draws up accounts, a period for which he draws up his accounts, or
b
where the person in question does not draw up accounts, a period beginning on the date when he pays a manufactured dividend (other than a manufactured overseas dividend) and ending either 12 months later or on the day preceding the period for which he next draws up his accounts (whichever is the earlier).
Provision of information relating to payments of manufactured dividends
21
1
Subject to paragraph (2), where a dividend manufacturer pays a manufactured dividend, he shall furnish the recipient with a statement in writing showing the gross amount of the payment, the amount of tax deducted, and the actual amount paid, and section 352 of the Taxes Act shall not apply.
2
Where a qualifying person pays an approved manufactured payment to another qualifying person section 352 of the Taxes Act shall apply.
Information about transactions carried on by certain persons
22
The Commissioners of Inland Revenue may exercise the powers conferred by section 21 of the Management Act as respects, and in connection with, any business which is, or has been carried on by a member of the London Stock Exchange or by a member of LIFFE who is capable of paying an approved manufactured payment, and the provisions of that section shall apply with any necessary modifications.
Treatment of tax taken into account under regulation 13
23
Tax taken into account under regulation 13(2) shall be treated as tax deducted for the purposes of section 352 of the Taxes Act, paragraph 2(3)(b) of Schedule 23A and regulation 21 above.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1992


text:
Citation and Commencement
1
This Order may be cited as the Fire Service College Trading Fund Order 1992 and shall come into force on 1st April 1992.
Establishment of the Fund
2
A trading fund for the operations of the Fire Service College under section 23 of the Fire Services Act 1947 shall be established as from 1st April 1992.
Source of loans
3
The Secretary of State for the Home Department is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities and public dividend capital
4
1
The Crown assets and liabilities set out in the Schedule to this Order shall be appropriated as assets and liabilities of the fund.
2
53·3% of the amount by which the values of the said assets exceed the amounts of the said liabilities shall be treated as public dividend capital.
Limitation of indebtedness
5
The maximum amount that may be issued to the fund by way of loan under section 2B of the 1973 Act shall be £15,000,000.
Kenneth Baker
Secretary of State for the Home
Department
5th March 1992
We concur
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992