text:
Citation and commencement
1
These Rules may be cited as the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 and shall come into force on 30th September 1992.
Interpretation
2
In these Rules, unless the context otherwise requires —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act ;
“development order” has the meaning given in section 59 of the Planning Act ;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State under Schedule 6 to the Planning Act or, as the case may be, Schedule 3 to the Listed Buildings Act to determine an appeal;
“land” means the land or building to which an inquiry relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously;
“relevant date” means the date of the written notice informing the appellant and the local planning authority that an inquiry is to be held, and“relevant notice” means that notice;
“the 1988 Rules ” means the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988 ;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence.
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 22A of the Town and Country Planning General Development Order 1988 whose representa tions the inspector is required by paragraph (3) of that article to take into account in determining the appeal to which an inquiry relates, and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the inspector is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conversation Areas) Regulations 1990 to take into account in determin ing the appeal to which an inquiry relates, and a person whose representa tions the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.
Application of Rules
3
1
These Rules apply in relation to any local inquiry held in England or Wales by an inspector before he determines —
a
an appeal to the Secretary of State in relation to planning permission under section 78 of the Planning Act;
b
an appeal to the Secretary of State in relation to listed building consent under section 20 of the Listed Buildings Act, or in relation to conservation area consent under that section as applied by virtue of section 74(3) of that Act,
but do not apply to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) Rules 1992 or Rules superseded by those Rules , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of a notice informing them that an inquiry is to be held (“the relevant notice”), forthwith inform the Secretary of State and the appellant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall as soon as practicable thereafter inform the appellant and the local planning authority of the name and address of any statutory party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any authority or person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the date of the relevant notice (“the relevant date”) inform the person or body concerned of the inquiry and, unless they have already done so, that person or body shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
Notification of identity of inspector
5
1
Subject to paragraph (2), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Service of statements of case etc.
6
1
Subject to paragraph (4), the local planning authority shall, not later than 6 weeks after the relevant date, serve a statement of case on the Secretary of State, the appellant and any statutory party.
2
Where rule 4(2) applies, the local planning authority shall —
a
include in their statement of case the terms of —
i
any direction given together with a statement of the reasons therefor; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (1) supply a copy of their statement to the person or body concerned.
3
Subject to paragraph (4), the appellant shall, not later than 9 weeks after the relevant date, serve a statement of case on the Secretary of State, the local planning authority and any statutory party.
4
The statement of case mentioned in paragraph (1) or, as the case may be, paragraph (3) shall be served no later than the day which is 4 weeks before the date fixed for the holding of the inquiry, where that day falls within the period mentioned in whichever of those paragraphs is applicable to the case.
5
The appellant and the local planning authority may each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such document, or relevant part, shall be sent as soon as practicable to the party who required it.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the appellant, the local planning authority, the Secretary of State and any (or any other) statutory party.
7
The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (6) with a copy of the appellant’s and the local planning authority’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.
8
The Secretary of State may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify; and a person so required shall provide the Secretary of State with that information in writing and shall, at the same time, send a copy to any other person on whom the statement of case has been served.
9
Any person other than the appellant who serves a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (11).
10
The Secretary of State shall transmit any statement of case served on him in accordance with this rule to the inspector.
11
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement of case or other document which, or a copy of which, has been served on them in accordance with this rule, and of their statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement or otherwise served by them pursuant to this rule; and shall specify in their statement of case the time and place at which the opportunity will be afforded.
Statements of matters and pre-inquiry meetings
7
1
An inspector may, not later than 12 weeks after the relevant date, cause to be served on the appellant, the local planning authority and any statutory party a written statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
2
An inspector may hold a pre-inquiry meeting where he considers it desirable and shall arrange for not less than 2 weeks written notice of it to be given to the appellant, the local planning authority, any statutory party, any other person known to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
3
The inspector shall preside at the pre-inquiry meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
Inquiry time-table
8
1
An inspector may at any time arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table.
2
An inspector may specify in a time-table arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 14(1) to be sent to him shall be so sent.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 20 weeks after the relevant date; and where he considers it impracticable to fix a date in accordance with the preceding provisions of this paragraph, the date fixed shall be the earliest date after the end of the period mentioned which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place for the holding of an inquiry to every person entitled to appear at the inquiry.
3
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period of 20 weeks mentioned in paragraph (1); and paragraph (2) shall apply to the variation of a date as it applied to the date originally fixed.
4
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
5
The Secretary of State may require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to serve a notice of the inquiry on such persons or classes of persons as he may specify, within such period as he may specify;
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
6
Where the land is under the control of the appellant he shall, if so required by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
7
Every notice of inquiry published, served or posted pursuant to paragraph (5), or affixed pursuant to paragraph (6), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location; and
c
a brief description of the subject matter of the appeal.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 2(1)
of the Planning Act or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980 ;
v
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980;
vi
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
vii
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
e
a statutory party;
f
the council of the parish or community in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission;
h
any other person who has served a statement of case in accordance with rule 6(6).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
Representatives of government departments and other authorities atinquiry
12
1
Where —
a
the Secretary of State or the Commission has given a direction such as is described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed a view such as is described in rule 4(2)(c) and the local planning authority have included its terms in a statement served in accordance with rule 6(1),
the appellant may, not later than 2 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister, department or body concerned who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Inspector may act in place of Secretary of State
13
An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 6(6) to (8), rule 10, rule 12(1) or (2) or rule 20; and where an inspector requires further information pursuant to rule 6(8), that information shall be sent to him.
Proofs of evidence
14
1
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send a paragraph (2), a written summary.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof and any summary shall be sent to the inspector not later than —
a
3 weeks before the date fixed for the holding of the inquiry, or
b
where a time-table has been arranged pursuant to rule 8 which specifies a date by which the proof and any summary shall be sent to the inspector, that date.
4
Where the appellant or the local planning authority send a copy of a proof to an inspector in accordance with paragraph (1), with or without a summary, they shall at the same time send a copy of that proof and any summary to the other party, and to any statutory party; and where any other party so sends a copy of such documents he shall at the same time send a copy to the appellant, the local planning authority and any (or any other) statutory party.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person required by this rule to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(11).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Procedure at inquiry
15
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
Unless in any particular case the inspector with the consent of the appellant otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross- examine persons giving evidence, but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence,
b
the cross-examination of persons giving evidence, or
c
the presentation of any other matter,
which he considers to be irrelevant or repetitious; but wherehe refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 14(5), the proof of evidence referred to in rule 14(1) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of the summary alone, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation orevidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.
Site inspections
16
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the appellant, the local planning authority and any statutory party; and he shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
17
1
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 18 that such a report was made.
2
If, after the close of an inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and
b
affording to them an opportunity of making written representations to him with respect to it within 3 weeks of the date of the notification or of asking within that period for the re-opening of the inquiry.
3
An inspector may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (2); and where an inquiry is re-opened —
a
the inspector shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (2) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
18
1
An inspector shall notify his decision on an appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Any person entitled to be notified of the inspector’s decision under paragraph (1) may apply to the Secretary of State in writing, within 6 weeks of the date of the decision, for an opportunity of inspecting any documents listed in the notification and any report made by an assessor and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
19
Where a decision of an inspector on an appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the appeal; and
b
shall afford to those persons the opportunity of making, within 3 weeks of the date of the written statement, written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, direct that the inquiry be re-opened, and if he does so paragraphs (2) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
20
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
21
Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
Revocation, savings and transitional
22
1
Subject to paragraph (2), the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988 are hereby revoked.
2
Any appeal to which the 1988 Rules applied which has not been determined on the date when these Rules come into force (“the commencement date”) shall be continued under these Rules, but —
a
rules 14 and 15(5) of the 1988 Rules shall continue to apply, and rules 8(2), 14 and 15(5) of these Rules shall not apply, in a case where at the commencement date —
i
an inquiry has been opened but not closed; or
ii
a date has been fixed for the holding of an inquiry which is less than 6 weeks after the commencement date; and
b
persons who were section 29(3) parties under the 1988 Rules shall be treated as statutory parties.
Mackay of Clashfern, C.
24th August 1992.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderstones National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Calderstones 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 Calderstones National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Calderstones, Whalley, Blackburn BB6 9PE;
b
to manage community health services provided from Calderstones, Whalley, Blackburn BB6 9PE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Burnley, Pendle and Rossendale 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 Burnley, Pendle and Rossendale 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 Burnley, Pendle and Rossendale Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Title and commencement
1
This Scheme may be cited as the Plant Breeders' Rights (Potatoes) (Variation) Scheme 1992 and shall come into force on 6th April 1992.
Variation of the principal Scheme
2
In paragraph 4 of the Plant Breeders' Rights (Potatoes) Scheme 1965 for the words “25 years” there shall be substituted the words “30 years”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
25th February 1992
David Hunt
Secretary of State for Wales
28th February 1992
Peter Brooke
Secretary of State for Northern Ireland
27th February 1992
Kenneth Baker
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
25th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glenfield Hospital National 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 Glenfield 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 Glenfield 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 Glenfield General Hospital, Groby Road, Leicester LE3 9QP and associated hospital (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from The University of Leicester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1993.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Leicestershire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Leicestershire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Leicestershire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) (1989 — 90) Regulations 1992 and shall come into force on 28th March 1992 but shall have effect for the year of assessment 1989 — 90 only.
2
Except for regulations 2, 3, 7 and 21(1) to (3), the Lloyd’s Underwriters (Tax) Regulations 1974 shall not have effect for the year of assessment 1989 — 90.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“Board” means the Commissioners of Inland Revenue;
“inspector” includes any officer of the Board;
“managing agent” and “members' agent” have the meanings that they have in Schedule 19A;
“member” means an underwriting member of Lloyd's;
“Schedule 19A” means Schedule 19A to the Income and Corporation Taxes Act 1988;
“section 142A” means section 142A of the Capital Gains Tax Act 1979;
“section 450” means section 450 of the Income and Corporation Taxes Act 1988 ;
“syndicate gains” means the chargeable gains accruing to a member on the disposal of assets forming part of a premiums trust fund;
“syndicate investment income” means the profits or gains arising to a member from assets forming part of a premiums trust fund;
“the Taxes Acts ” means the Taxes Management Act 1970 and —
the Tax Acts, and
the Capital Gains Tax Act 1979 and all other enactments relating to capital gains tax.
2
For the purposes of construing any reference in these Regulations to the year of assessment which corresponds to an underwriting year or to the underwriting year which corresponds to a year of assessment, an underwriting year and a year of assessment correspond to each other if the underwriting year ends in the year of assessment.
Assessment and collection: general
3
1
Subject to paragraph (2) and regulations 4 to 7, the like provisions as are contained in the Taxes Acts relating to the assessment and collection of tax shall have effect in relation to tax charged in accordance with section 142A or section 450 as they have effect by virtue of regulation 9.
2
The like provisions as are specified in the first column of Schedule 1 to these Regulations shall have effect in relation there to as if the modifications specified in the second column had been made.
Date for payment
4
1
Subject to paragraph (2) —
a
tax charged by an assessment on —
i
the profits or gains arising to a member from his underwriting business, and
ii
syndicate investment income,
b
tax charged by an assessment on syndicate gains shall be payable on or before 1st January 1993.
2
Tax charged by an assessment made less than 30 days before, or after, the date specified in sub-paragraph (a) or (b) of paragraph (1) shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
Reasonable excuse
5
1
For the purposes of Schedule 19A, a managing agent shall be deemed not to have failed —
a
to deliver a return of a syndicate profit or loss within the time specified in paragraph 2(2) of that Schedule , or
b
to deliver a return apportioning a syndicate profit or loss within the period referred to in paragraph 7(3) of that Schedule , inspector may have allowed.
2
For the purposes of paragraph 2B of Schedule 19A a members' agent shall be deemed not to have failed to deliver a return of the member’s profit within the time specified in sub-paragraph (3) of that paragraph if he delivered it within such further time, if any, as the inspector may have allowed.
3
Where a managing agent or a members' agent had a reasonable excuse for not delivering such a return as is mentioned in paragraph (1) or (2) he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
6
The like provisions as are contained in section 113(1B) of the Taxes Management Act 1970 shall apply to a determination or a notice of a determination under Schedule 19A as if the determination were an assessment and the notice of the determination were a notice of an assessment.
Error or mistake
7
1
If a members' agent alleges that a statement of the amount of tax payable in the case of a member’s profit under paragraph 2B(1)(c) of Schedule 19A was excessive because of some error or mistake in a return made by him under paragraph 2B(1) of that Schedule, he may by notice in writing at any time not later than six years after the end of the year of assessment 1991 — 92 make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter and having regard to all the relevant circumstances of the case, but subject to paragraph (3), give by way of repayment or otherwise such relief in respect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of an error or mistake as to the basis on which a syndicate profit or loss, or as the case may be a member’s profit, ought to have been computed where the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return was made.
4
An appeal may be brought against the decision of the Board on the claim, by giving written notice to the Board within 30 days of receipt of written notice of that decision and the Special Commissioners shall hear and determine the appeal in accordance with the principles to be followed by the Board in determining claims under this regulation; and either the appellant or the Board shall be entitled to require a case to be stated under the like provisions as are contained in section 56 of the Taxes Management Act 1970 but only on a point of law arising in connection with the computation of the amount of tax payable in the case of the member’s profit.
5
In this regulation “return” includes the documents referred to in paragraph 2B(1)(a) and (b) of Schedule 19A.
Managing agents and members' agents
8
1
For the purposes of Schedule 19A and of these Regulations, if the person who is acting as a managing agent or a members' agent in respect of the underwriting year corresponding to the year of assessment 1989 — 90 is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as “the original agent”), then “managing agent” and “members' agent” have the meanings given to them by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2).
2
If the original agent ceases to act —
a
before the beginning of the year of assessment 1992 — 93, then “managing agent” and “members' agent” mean —
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment 1991 — 92, then “managing agent” and “members' agent” mean such person as the Board may determine having regard to all the circumstances.
Extension of time limits — member and spouse
9
Where a claim or election or application falls to be made by a member or his spouse (or both) under a provision specified in the first column of Schedule 2 to these Regulations that provision shall have effect as if it imposed the extended time limit specified in the second column.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
6th March 1992


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1992, shall apply to Great Britain and shall come into force on 1 January 1993.
Amendment of the Plant Health (Great Britain) Order 1987
2
1
The Plant Health (Great Britain) Order 1987 shall be amended in accordance with the provisions of this article.
2
In article 10 (General provisions relating to certificates) for paragraph (5) there shall be substituted the following paragraph–
5
Except in the case of consignments imported into Great Britain by post, any phytosanitary certificate and reforwarding phytosanitary certificate accompanying a consignment from any country which is not a Member State shall be delivered to the proper officer at the same time as, and together with, the entry relating to the consignment. In this paragraph the expression “proper officer” has the like meaning as in the Customs Act and the reference to the entry shall be construed as reference to the entry, delivery of which is to be made in accordance with the provision of that Act.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
22nd December 1992.
Hector Muncro
Parliamentary Under Secretary of State, Scottish Office
23rd December 1992
David Hunt
Secretary of State for Wales
29th December 1992


text:
1
This Order may be cited as the Magistrates' Courts Fees (Amendment) Order 1992 and shall come into force on 1st April 1992.
2
Part I of Schedule 6 to the Magistrates' Courts Act 1980 is hereby varied so as to have effect as set out in the Schedule to this Order.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th March 1992


text:
Citation, commencement, transitional provision and interpretation
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1992 and shall come into force on 1st April 1992, except for —
a
rules 5, 10, 11, 14 and 15, which shall come into force on 1st June1992,
b
sub-paragraph (b) of the new rule 13(9) inserted into Order 94 by rule 3, which shall come into force on the day appointed for the commencement of section 2 of the Planning and Compensation Act 1991 ,
c
sub-paragraph (c) of the new Order 110, rule 1(1) inserted by rule 4, which shall come into force on the day appointed for the commencement of section 26AA of the Hazardous Substances Act 1990 .
2
Rule 8 shall not apply to any appeal in respect of which notice of appeal has been issued before the coming into force of that rule.
3
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A is a reference to Appendix A to those Rules.
Planning and Compensation Act 1991
2
The Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 shall be amended by inserting after the entry for Order 109 the following new entry —
110
Environmental Control Proceedings
.
3
For Order 94, rule 12, there shall be substituted the following new rules —
Applications for leave under section 289(6) of the Town and Country Planning Act 1990 and section 65(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990
12
1
An application for leave to appeal to the High Court under section 289 of the Town and Country Planning Act 1990 or section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall be made within 28 days after the date on which notice of the decision was given to the applicant.
2
An application shall —
a
include, where necessary, any application to extend the time for applying,
b
be in writing setting out the reasons why leave should be granted, and if the time for applying has expired, the reasons why the application was not made within that time,
c
be made by filing it in the Crown Office together with the decision, a draft originating notice of motion, and an affidavit verifying any facts relied on,
d
before being filed under sub-paragraph (c), be served together with the draft originating notice of motion and a copy of the affidavit to be filed with the application, upon the persons who are referred to in rule 13(5), and
e
be accompanied by an affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the application and, if any person who ought to be served has not been served, the affidavit must state that fact and the reason for it.
3
An application shall be heard —
a
by a single judge sitting in open court;
b
unless the Court otherwise orders, not less than 21 days after it was filed at the Crown Office.
Any person served with the application shall be entitled to appear and be heard.
4
If on the hearing of an application the Court is of opinion that any person who ought to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the application may be served on that person.
5
If the Court grants leave —
a
it may impose such terms as to costs and as to giving security as it thinks fit;
b
it may give directions; and
c
the originating notice of motion by which the appeal is to be brought shall be served and entered within 7 days of the grant.
6
Any respondent who intends to use an affidavit at the hearing shall file it in the Crown Office and serve a copy thereof on the applicant as soon as is practicable and in any event, unless the Court otherwise allows, at least 2 days before the hearing.
The Court may allow the applicant to use a further affidavit.
Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990
13
1
In this rule a reference to “section 65” is a reference to section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990, but, save as aforesaid, a reference to a section by number is a reference to the section so numbered in the Town and Country Planning Act 1990.
2
An appeal shall lie to the High Court on a point of law against a decision of the Secretary of State under subsection (1) or (2) of section 289 or under subsection (1) of section 65 at the instance of any person or authority entitled to appeal under any of those subsections respectively.
3
In the case of a decision to which section 290 applies, the person who made the application to which the decision relates, or the local planning authority, if dissatisfied with the decision in point of law, may appeal against the decision to the High Court.
4
Any appeal under section 289(1) or (2), section 65(1) or section 290, and any case stated under section 289(3) or section 65(2), shall be heard and determined by a single judge unless the Court directs that the matter shall be heard and determined by a Divisional Court.
5
The persons to be served with notice of the originating motion by which an appeal to the High Court is brought by virtue of section 289(1) or (2), section 65(1) or section 290 are —
a
the Secretary of State;
b
the local planning authority who served the notice or gave the decision, as the case may be, or, where the appeal is brought by that authority, the appellant or applicant in the proceedings in which the decision appealed against was given;
c
in the case of an appeal brought by virtue of section 289(1) or section 65(1), any other person having an interest in the land to which the notice relates, and;
d
in the case of an appeal brought by virtue of section 289(2), any other person on whom the notice to which those proceedings related was served.
6
The Court hearing any such appeal may remit the matter to the Secretary of State to the extent necessary to enable him to provide the Court with such further information in connection with the matter as the Court may direct.
7
Where the Court is of opinion that the decision appealed against was erroneous in point of law, it shall not set aside or vary that decision but shall remit the matter to the Secretary of State with the opinion of the Court for re-hearing and determination by him.
8
Order 55, rule 7(5) shall not apply in relation to any such appeal.
9
The Court may give directions as to the exercise, until an appeal brought by virtue of section 289(1) is finally concluded and any re-hearing and determination by the Secretary of State has taken place, of the power to serve, and institute proceedings (including criminal proceedings) concerning —
a
a stop notice under section 183, and;
b
a breach of condition notice under section 187A .
.
4
After Order 109, there shall be inserted the following new Order —
ORDER 110
ENVIRONMENTAL CONTROL PROCEEDINGS
Injunctions to prevent environmental harm
1
1
An injunction under —
a
section 187B or 214A of the Town and Country Planning Act 1990 ;
b
section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 ; or
c
section 26AA of the Planning (Hazardous Substances) Act 1990 applicant; and in the following provisions of this rule such an injunction against such a person is referred to as “an injunction under paragraph (1)”, and the person against whom it is sought is referred to as “the defendant”.
2
An applicant for an injunction under paragraph (1) shall, in the originating summons commencing the application, describe the defendant by reference to —
a
a photograph,
b
a thing belonging to or in the possession of the defendant, or
c
any other evidence, the form of originating summons used (which may be in Form No. 8, Form No. 10 or Form No. 11 in Appendix A, as appropriate) shall be modified accordingly.
3
An applicant for an injunction under paragraph (1) shall file in support of the originating summons evidence by affidavit —
a
verifying that he was unable to ascertain, within the time reasonably available to him, the defendant’s identity,
b
setting out the action taken to ascertain the defendant’s identity, and
c
verifying the means by which the defendant has been described in the originating summons and that the description is the best that the applicant is able to provide.
4
Paragraph (2) is without prejudice to the power of the Court to make an order for substituted service or dispensing with service.
.
Summary judgment in fraud cases
5
Order 14, rule 1(2)(b) shall be omitted.
Cross examination on assets disclosure affidavit
6
After Order 29, rule 1, there shall be inserted the following new rule —
Cross-examination on assets disclosure affidavit
1A
1
Where —
a
the Court has made an order restraining any party from removing from the jurisdiction of the High Court, or otherwise dealing with, any assets,
b
that party has in compliance with the order, or any order made in connection with it, filed affidavit evidence as to his or any other assets, and
c
the Court has ordered that that party shall be cross-examined on his affidavit, otherwise than before a judge, in which case the cross-examination shall take place before a master or, if a master so orders, before an examiner of the Court.
2
The following provisions of Order 68 shall apply to across-examination of a kind referred to in paragraph (1)(c) as if it were a trial with witnesses in the Queen’s Bench or Chancery Division and as if the person presiding were the judge —
a
rule 1(1) (except the words “unless the judge otherwise directs”); and
b
rules 2(2) and (3) and 8.
3
A cross-examination of a kind referred to in paragraph (1)(c) shall take place in chambers and no transcript or other record of it may be used by any person other than the party being cross-examined for any purpose other than the purpose of the proceedings in which the order for the cross-examination was made, unless and to the extent that that party consents or the Court gives leave.
.
Payments to receivers
7
For Order 30, rule 3, there shall be substituted the following —
Remuneration of receiver
3
1
A person appointed receiver shall be allowed such proper remuneration, if any, as may be authorised by the Court.
2
The Court may direct that such remuneration shall be —
a
fixed by reference to such scales or rates of professional charges as it thinks fit; or
b
assessed by a taxing officer.
3
Where remuneration is assessed by a taxing officer pursuant to a direction under paragraph (2)(b), Order 62, rule 13 shall apply as it applies to an assessment by a master; and an appeal shall lie from the assessment to a judge in chambers under Order 58, rule 1 (where the assessment was by a taxing master) or rule 3 (where the assessment was by a district judge).
4
In this rule, “taxing officer” means a taxing master or a district judge.
.
Appeals from masters on accounts and inquiries
8
In Order 44, the following shall be substituted for rule 12 —
Appeal against master’s order
12
Subject to Order 58, rule 2, rule 1 of that Order shall apply to an order made pursuant to rule 11 above, save that —
a
except where paragraph (e) below applies, the notice referred to in Order 58, rule 1(2) shall state the grounds of the appeal, and must be issued within 14 days after the order is made;
b
the hearing shall be in open court unless the Court directs otherwise;
c
no fresh evidence (other than evidence as to matters which have occurred after the date of the master’s order) shall be admitted except on special grounds;
d
the judge hearing the appeal shall have the same power to draw inferences of fact as has the Court of Appeal under Order 59, rule 10(3);
e
if the order is to be acted on by the Accountant-General or is an order passing a receiver’s account, notice of appeal must be issued not later than two clear days after the making of the order and, where the order is to be acted on by the Accountant-General, a copy of it must be served on the Accountant-General as soon as practicable after it is made.
.
9
In Order 58, rule 2, the following shall be substituted for paragraph (b) —
b
on an assessment of damages or of the value of goods under Order 37 or otherwise, or an assessment of interest; paragraph (b) includes or involves a determination of any other matter, an appeal shall lie to the Court of Appeal in relation to such othermatter.
.
Penal notices
10
For Order 45, rule 7(4) there shall be substituted the following —
4
There must be prominently displayed on the front of the copy of an order served under this rule a warning to the person on whom the copy is served that disobedience to the order would be a contempt of court punishable by imprisonment, or (in the case of an order requiring a body corporate to do or abstain from doing an act) punishable by sequestration of the assets of the body corporate and by imprisonment of any individual responsible.
.
Collection of court fees
11
At the end of Order 62, rule 11(7) there shall be inserted (on a newline) the following —
The power of the Court under this paragraph may be exercised by a taxing officer and rule 28(5) shall apply to an order made by a taxing officer under this paragraph as it applies to a decision made by a taxing officer.
.
Costs
12
Order 62, rule 18(3) shall be amended by substituting, for the sum “£8.00”, the sum “£8.25”.
13
Appendix 3 to Order 62 shall be amended as follows —
1
For Table A (Basic Costs) in Part I there shall be substituted the following Table —
A. Basic Costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix (a) £p (b) £p (c) £p
If the amount recovered is — not less than £600 but less than £2,000 — (i) where the writ was served by post 55.00 72.50 127.75 (ii) where the writ was served on the defendant personally 62.00 78.25 133.50 not less than £2,000 but less than £3,000 — (i) where the writ was served by post 62.00 80.25 133.50 (ii) where the writ was served on the defendant personally 68.00 85.00 140.00 not less than £3,000 80.25 116.00 165.25
2
Table B (Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), the following figures —
(i) (ii)
(1) 8.50 11.00 (2) 20.00 43.00 (3)(a) 31.00 55.00 (b) 36.50 62.00 (4) 14.50 16.50 (5) 14.50 16.50 (6) 11.00 20.00
3
Part III, paragraph 1 shall be amended by substituting, for the sum of “£7.50”, the sum of “£7.75”.
4
Part III, paragraph 2 shall be amended by substituting, for the sum of “£30.50”, the sum of “£31.50”.
5
Part III, paragraph 3 shall be amended as follows —
a
for the sum of “ £18.25” in sub-paragraph (a) there shall be substituted the sum of “£18.75”;
b
for the table “Basic Costs” in sub-paragraph (b) there shall be substituted the following table —
i
Basic Costs
If the amount recovered by the applicant from the garnishee is —
less than £150.00..one half of the amount recovered
not less than £150.00 £79.50
;
c
for the sum of “£14.00” in the table “Additional costs” in sub-paragraph (b) there shall be substituted the sum of “£14.50”;
6
Part III, paragraph 4 shall be amended by substituting, for the sums of “£86.50” and “£14.00”, the sums of “£89.00” and “£14.50”.
7
Part III, paragraph 5 shall be amended by substituting, for the sums of “£33.25” and “£2.15”, the sums of “£34.25” and “£2.25”.
8
Part III, paragraph 6 shall be amended by substituting, for the sum of “£40.50”, the sum of “£41.75”.
Exercise of power under section 50 Administration of Justice Act 1985 to be noted on original grant of representation
14
After Order 93, rule 20(4), there shall be inserted the following new paragraph —
5
On the hearing of an application under the said section 50 the personal representative shall produce to the Court the grant of representation to the deceased’s estate and, if an order is made under the said section, the grant (together with a sealed copy of the order) shall be sent to and remain in the custody of the principal registry of the Family Division until a memorandum of the order has been endorsed on or permanently annexed to the grant.
.
Judgment under Order 14 — Form No. 44
15
Form No. 44 in Appendix A shall be amended by substituting, for the words “and costs to be taxed” (in the first and second places where they occur), the words “and costs [in the assessment] or as may be according to the Court’s order.”.
Miscellaneous amendments
16
Order 41, rule 10(2) shall be omitted.
17
Order 68, rule 6 shall be amended by substituting, for the words “Order 50, rule 9A”, the words “Order 50, rule 9B”.
18
Order 97, rule 11(1) shall be amended by substituting for “section 63(3) or (4)”, “section 63(4)”.
19
Order 97, rule 13 shall be amended by omitting the words “, whether for the purposes of section 37(2) or of section 63 of that Act,”.
20
Order 99, rule 11 shall be revoked.
Mackay of Clashfern, C.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
Donald Nicholls, V-C.,
Leggatt, L.J.,
Millett, J.,
Phillips, J.,
Hugh Bennett.,
C. R. Berry.,
C. B. Chandler.
Dated 10th March 1992


text:
1
This Order may be cited as the Customs Duties ( ECSC ) (Amendment No. 7) Order 1992 and shall come into force on 16th March 1992.
2
The Customs Duties (ECSC) Order 1987( ) shall be amended as follows:
a
for paragraphs (2) and (3) of article 6 there shall be substituted the following paragraphs–
2
For the purposes of this article goods shall be regarded as originating in any such country–
a
named in Part I–
i
if they are regarded as originating in that country by applying the provisions of the Protocol to the Agreements, or
ii
if, in relation to the Republics of Bosnia–Herzegovina, Croatia, Macedonia and Slovenia, they are regarded as originating in any one of those countries by virtue of the application of the provisions relating to origin of goods in the Commission Regulation, or
iii
if, in relation to the Republic of Montenegro, they would, if treated as though they were goods coming from any one of the countries to which the Commission Regulation applies, be regarded as having originated in one of those countries by virtue of the application of the provisions relating to origin of goods in the Commission Regulation;
b
named in Part II if they are regarded as originating in that country by virtue of the application of the provisions relating to origin of goods in Council and Commission Decision No. 86/125/ EEC , ECSC (b) or Council Decision 86/283/EEC (c).
3
In this article–
a
“country” includes territory and references to a country include references to any area consisting of two or more countries;
b
“the Commission Regulation” means Commission Regulation (EEC) No. 343/92 ( OJ No. L38, 14.2.1992, p. 1.);
c
“the Agreements” means the Agreements made between the European Economic Community and the countries specified in column 1 of Schedule 2 hereto and signed on the dates specified in column 2.
b
in Schedule 1, the word “Yugoslavia” shall be deleted and the words “Republic of; Bosnia–Herzegovina”, “Republic of Croatia”, “Republic of Macedonia”, “Republic of Montenegro”, “Republic of Slovenia” shall be inserted after the word “Norway” in the second column of Part I; and
c
in Schedule 2, the word “Yugoslavia” in column 1 (and the references opposite that word in columns 2, 3 and 4) shall be deleted.
3
The Customs Duties (ECSC) (Amendment No. 6) Order 1991( ) shall not apply in respect of goods which originate in any republic which has at any time since 15th November 1991 formed part of Yugoslavia and have been exported therefrom on or after the date of coming into force of this Order.
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1992


text:
1
This Order may be cited as the Courses for Drink-Drive Offenders (Designation of Areas) Order 1992 and shall come into force on 24th December 1992.
2
The following areas and districts are hereby designated for the purposes of section 31 of the Road Traffic Act 1991 —
a
the petty sessions areas specified in Schedule 1 to this Order;
b
the districts and the commission area in Scotland specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary under Secretary of State,
Department of Transport
2nd December 1992


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which this Order comes into force.
2
In this Order —
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the deposited plan” means the site plan contained in the plan folio numbered MSE A40/0/65/2/1, marked “The A40 Trunk Road (Sandhills) Detrunking Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
This Order shall come into force on 1st June 1992 and may be cited as the A40 Trunk Road (Sandhills) Detrunking Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
21st April 1992


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Excise Goods (Drawback) Regulations 1992 and shall come into force on 1 January 1993.
Application
2
1
Subject to paragraph (2) below, these Regulations apply to goods chargeable with a duty of excise provided that those goods have not been, and will not be, consumed in the United Kingdom.
2
These Regulations shall not apply —
a
to any goods exported from the United Kingdom if they are, at the time of their exportation, consigned to a place outside the Communities;
b
to chewing tobacco; and
c
to matches and mechanical lighters.
Interpretation
3
In these Regulations —
“accompanying document” and “certificate of receipt” have the meanings given in regulation 7 below;
“ the Act ” means the Customs and Excise Management Act 1979 ;
“business day” has the meaning given in section 92 of the Bills of Exchange Act 1882 ;
“duty” means duty of excise;
“eligible claimant” has the meaning given in regulation 5 below;
“eligible goods” and “planned destruction” have the meanings given in regulation 4 below;
“merchantable quality” has the meaning given in section 14 of the Sale of Goods Act 1979 ;
“registered excise dealers and shippers regulations”, “revenue trader” and “ware housing regulations” have the meanings given in section 1(1) of the Act .
PART II
ENTITLEMENT TO DRAWBACK
Eligible goods
4
1
A claim for drawback of duty may only be made in relation to eligible goods.
2
Goods are eligible goods if duty has been paid and has not been remitted, repaid or drawn back and either —
a
those goods have been exported; or
b
subject to paragraph (3) below, those goods have been destroyed.
3
Goods shall not be eligible goods if they are destroyed either —
a
accidentally unless —
i
the goods were being exported and destruction took place after leaving the premises mentioned in paragraph (ii) of subparagraph (b) of regulation 7(1) but within the United Kingdom; or
ii
the destruction was occasioned in any of the circumstances set out in Schedule 1 to these Regulations; or
b
otherwise than accidentally unless that destruction was a planned destruction.
4
For the purpose of these Regulations “planned destruction” —
a
means the destruction of goods which, by reason of faulty manufacture or subsequent deterioration or contamination were at the time of their destruction not of merchantable quality provided that, save as the Commissioners may otherwise allow, that destruction was carried out in accordance with the provisions of Schedule 2 to these Regulations; and
b
includes denaturing to the satisfaction of the Commissioners.
Eligible claimants
5
1
A claim for drawback of duty may only be made by an eligible claimant.
2
A claimant is an eligible claimant if he is a revenue trader —
a
in the course of whose business the export or, as the case may be, destruction took place; and
b
in the case of planned destruction —
i
who (except as the Commissioners may otherwise allow)
paid the duty to be drawn back; and
ii
whose business is not wholly or mainly the destruction of excise goods.
PART III
CLAIMS, CONDITIONS AND CANCELLATION OF DRAWBACK
General Conditions
6
1
Without prejudice to any condition imposed by, or in accordance with section 133 of the Act, every claim for drawback shall, save as the Commissioners may otherwise allow, comply with the conditions imposed by these Regulations.
2
No claim for drawback of duty shall be made unless, taken together with any other claim being made at the same time, the total amount of duty to be drawn back is at least £500; provided that if during the six months immediately preceding the date upon which the claim for drawback of duty is made the amounts of drawback of duty which could be claimed by the claimant amount in total to less than £500 this paragraph shall operate as if the reference to at least £500 were a reference to at least £50.
3
No claim for drawback of duty shall be made if the event giving rise to the claim occurred more than three years after the duty on the goods in question was paid.
Conditions to be complied with where goods are exported
7
1
Where a claim for drawback of duty is made in relation to goods which have been exported the following conditions shall be complied with —
a
before export the claimant shall deliver to the Commissioners at such address as they shall specify notice in writing that he intends to claim drawback on goods which are to be exported;
b
a notice delivered in accordance with subparagraph (a) above shall contain the following particulars —
i
the name and address of the claimant;
ii
the address of the premises at which the goods to be exported may be inspected prior to export;
iii
the description of the goods to be exported including their nature and quantity; and
iv
the amount of duty paid in respect of those goods;
c
before export the goods shall be available for inspection by the Commissioners, at any reasonable time, for not less than two clear business days following the day upon which the notice mentioned in subparagraph (a) above was received by the Commissioners;
d
subject to paragraph (2) below, upon making a claim for drawback the claimant shall include with his claim a photocopy of the accompanying document which accompanied the goods and upon which the certificate of receipt was endorsed together with a photocopy of that certificate of receipt.
2
A photocopy of the accompanying document and a photocopy of the certificate of receipt need not be included with a claim for drawback if the claimant satisfies the Commissioners that —
a
the goods have been exported to a place which is not excluded by virtue of regulation 2 above;
b
there is good and sufficient reason for not including either or both those photocopy documents with his claim; and
c
any excise duty which is, or will become due in the place to which those goods have been exported has been, or will be paid.
3
In this regulation —
“accompanying document” means the document which in accordance with registered excise dealers and shippers regulations or, as the case may be, warehousing regulations is required to accompany the goods and will be endorsed with the certificate of receipt; and
“certificate of receipt” means the certificate of receipt which is endorsed on the accompanying document and is issued to the claimant by the consignee and which shall either contain the address of the consignee’s tax authorities responsible for excise duty and that authority’s reference number and date of acceptance of the consignee’s declaration guaranteeing payment of excise duty to that authority or be accompanied by another document giving those details.
Conditions to be complied with where goods are accidentally destroyed
8
Where a claim for drawback of duty is made in relation to goods which have been accidentally destroyed the following conditions shall be complied with —
a
the claimant shall notify the Commissioners forthwith at such address as they shall specify that goods have been accidentally destroyed in circumstances where a claim for drawback of duty may be made;
b
notification given in accordance with subparagraph (a) above shall include particulars of the goods and the amount of duty paid in respect of those goods or, if that amount cannot immediately be ascertained, an estimate of the amount of the duty so paid; and
c
the claimant shall prove to the satisfaction of the Commissioners that the goods have been accidentally destroyed.
Payment of claim
9
1
No drawbacks shall be payable unless it is shown to the satisfaction of the Commissioners that the claimant is an eligible claimant and that the goods are eligible goods.
2
Without prejudice to section 133 of the Act, where the Commissioners are satisfied that duty may be drawn back in accordance with these Regulations they may set-off the amount due against any other debt then due to them from the claimant.
3
If the Commissioners are not satisfied that the amount of duty claimed may be drawn back but are satisfied that some lesser amount of duty may be drawn back they may, in such circumstances as they see fit permit the drawback of that lesser sum.
Cancellation of drawback
10
1
The Commissioners may, at any time, cancel drawback granted in accordance with these Regulations where they are satisfied that a contravention of any conditions (whether imposed by these Regulations or by or under section 133 of the Act) has taken place.
2
Without prejudice to section 116 of the Act, where drawback has been cancelled in accordance with paragraph (1) above the person to whom drawback was paid or credited shall on demand made by the Commissioners be liable to repay to the Commissioners the sum so paid or credited.
Leonard Harris
Commissioner of Customs & Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
10th December 1992.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means South and East Wales Ambulance 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 South and East Wales Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services
from Ambulance Headquarters, St. Fagan’s Road, Fairwater, Cardiff, South Glamorgan CF5 3XP, Ambulance Headquarters, Cambria House, Caerleon, Gwent NP6 1BH and Ambulance Headquarters, Mansion House, Bronllys, Brecon, Powys LD3 0LS and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 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
South Glamorgan, Gwent and Powys Health Authorities shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
South Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authorities specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be South Glamorgan, Gwent and Powys Health Authorities.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
David Hunt
Secretary of State for Wales
29th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Finance (Additional Grant) (England) Regulations 1992 and shall come into force on 20th February 1992.
Calculations to be made by authorities
2
The constituents of the calculation to be made under section 95(3) of the Local Government Finance Act 1988 are altered by adding after paragraph (c) the following item —
d
any amount which it estimates will be transferred from its collection fund to its general fund or the City fund (as the case may be) under section 98(1) below and credited to a revenue account for the year.
.
Michael Heseltine
Secretary of State for the Environment
19th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Deposit-takers) (Audit Powers) Regulations 1992 and shall come into force on 30th January 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Income and Corporation Taxes Act 1988;
“agreement” means agreement in writing and “agree” shall be construed accordingly;
“audit report” means a report made by an auditor in respect of an audit carried out pursuant to these Regulations;
“auditor” means an individual or firm whose name appears in the register of auditors kept pursuant to the Companies Act 1989 (Register of Auditors and Information about Audit Firms) Regulations 1991 ;
“ the Board ” means the Commissioners of Inland Revenue;
“deposit”, “deposit-taker” and “relevant deposit” have the meanings given by section 481 of the Act ;
“excluded deposit” has the meaning given by regulation 5;
“notice” means notice in writing;
“payment” (except in relation to a payment to the Board) includes “credit” and “paid” shall be construed accordingly;
“Special Reports booklet” means the booklet entitled “Special Reports of Accountants” published by the Auditing Practices Committee of the Consultative Committee of Accountancy Bodies in 1984.
Information to be provided to the Board — gross payments
3
1
This regulation applies to payments of interest made without deduction of tax by deposit-takers in respect of deposits which are neither relevant deposits nor excluded deposits.
2
Where thisregulation applies, the Board may by notice require a deposit-taker to furnish them, within such time (not being less than 14 days) as may be provided by the notice, such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purposes of determining whether, having regard to sections 481 and 482 of the Act, payments of interest were properly made without deduction of tax.
Inspection of records
4
A deposit-taker shall, whenever required to do so, make available for inspection by an officer of the Board authorised for that purpose, at such time as that officer may reasonably require, all such copies of books, documents or other records in his possession or under his controlas may be required by the Board under regulation 3.
Excluded deposit
5
A deposit held by a deposit-taker is an excluded deposit if —
a
it is not a relevant deposit by reason of a declaration made to the deposit-taker pursuant to section 481(5) (k) of the Act which —
i
is in the form and contains the information and, where applicable, the undertaking required by section 482(2) of the Act, and
ii
is supported by a certificate where required by the Income Tax (Deposit-takers) (Non-residents) Regulations 1992 , and
b
the deposit-taker is approved by the Board for the purposes of these Regulations under regulation 6.
Approval of deposit-taker
6
1
A deposit-taker shall be approved by the Board for the purposes of these Regulations if the conditions specified in paragraphs (2) and (3) are satisfied with respect to that deposit-taker.
2
Thecondition specified in this paragraph is that the Board are satisfied that the deposit-taker will observe such procedures as will enable him fully to comply with his obligations under section 482(5) of the Act in relation to deposits of the kind referred to in regulation 5(a) of these Regulations.
3
The condition specified in this paragraph is that the deposit-taker reaches agreement with the Board, on the terms and conditions specified in regulation 7, that he will instruct an auditor —
a
to carry out the audit specified in that regulation, and
b
to make a report in respect of that audit and furnish the report to the Board.
4
The Board may, if a deposit-taker so requests, restrict their approval of that deposit-taker under paragraph (1) to either —
a
that part of his business which is carried on through branches, or
b
the remainder of his business.
5
If the Board determine torefuse approval of the deposit-taker under this regulation, they shall give him notice of their determination specifying the reason for their refusal to approve him.
Conditions of audit agreement referred to in regulation 6(3)
7
1
Paragraph (2) specifies the audit, and paragraph (3) the terms and conditions, referred to in regulation 6(3).
2
The audit specified by this paragraph is an audit consisting of —
a
i
a review by the auditor of the procedures put in place by the deposit-taker for the purpose of enabling him to comply with his obligations under section 482(5) of the Act in relation to deposits of the kind referred to in regulation 5(a), and
ii
a check by the auditor of a sample of such deposits in order to determine whether the procedures referred to in paragraph (i) have been observed in practice;
b
a check by the auditor of a sample of deposits of the kind referred to in regulation 5(a) in order to determine whether —
i
the deposit-taker is in possession of valid declarations and, where required, certificates in support of those declarations, and
ii
there is information in the deposit-taker’s possession which can reasonably be taken to indicate that one or more of such deposits is or may be a relevant deposit.
3
The terms and conditions specified by this paragraph are that —
a
The Board are satisfied that the auditor is experienced in carrying out audits of a deposit-taker’s business;
b
the auditor is instructed at the deposit-taker’s expense;
c
the Board, the deposit-taker and the auditor reach agreement in relation to —
i
the aspects of the procedures followed by the deposit-taker which are to form the subject of the audit;
ii
the scope of the information which is to be provided in the audit report made to the Board; and
iii
the scope of the sample checks referred to in paragraph (2) (a) (ii)
and (b).
d
the deposit-taker makes available to the auditor all such books, documents, records and other information as the auditor may reasonably require for the purpose of carrying out the audit and making the audit report;
e
in carrying out the audit and making the audit report, the auditor has regard to the principles set out in the Special Reports booklet and, in particular, paragraphs 24 to 42 of that booklet;
f
the audit is carried out periodically, and the periods to be covered by the audit shall be —
i
as regards the first audit, the period commencing on such date as the Board and the deposit-taker may agree, being not earlier than 6th April 1991, and ending on a date determined by the Board;
ii
as regards each subsequent audit, the period of one year following the end of the last audit period, or such longer period as the Board and the deposit-taker may agree;
g
each audit is carried out, and the audit report furnished to the Board, not later than 180 days after the end of the period covered by that audit;
h
at the same time as he furnishes the audit report to the Board, the auditor sends a copy of the report to the deposit-taker;
i
on receipt of the audit report, the Board may require the auditor or the deposit-taker to furnish them with such further information as they may reasonably require for the purpose of clarifying any part of the report.
Termination of approval of deposit-taker
8
1
A deposit-taker may, by notice to the Board, terminate the approval given by the Board in his case under regulation 6.
2
The Board and a deposit-taker may agree that the approval given by the Board in his case under regulation 6 shall be terminated.
3
The Board may, by notice to a deposit-taker, terminate their approval of the deposit-taker in any of the circumstances specified in paragraph (4).
4
The circumstances specified in this paragraph are where —
a
an auditor has failed to furnish an audit report to the Board in respect of the deposit-taker within 180 days after the end of the period covered by the audit;
b
the Board consider that the deposit-taker has failed to observe the procedures referred to in regulation 7(2) (a);
c
the Board consider that the deposit-taker has failed within a reasonable time —
i
to correct errors and omissions of the deposit-taker discovered by the auditor when carrying out an audit, or
ii
to implement any recommendation made by the auditor for the purpose of remedying a failure on the part of the deposit-taker to observe the procedures referred to in regulation 7(2) (a);
d
the deposit-taker has failed to make available to the auditor any books, documents, records or other information referred to in regulation 7(3) (d);
e
the Board consider that the auditor instructed by the deposit-taker has failed to discharge his responsibilities in relation to the carrying out of any audit or the making of any audit report pursuant to these Regulations, and the deposit-taker fails to instruct another auditor;
f
the Board have grounds for believing, whether in consequence of an audit report or otherwise, that there has been fraudulent conduct or collusion on the part of the deposit-taker in relation to any declaration or certificate referred to in regulation 5(a), or otherwise in connection with any payment of interest in respect of any deposit.
5
Subject to paragraph (6), a termination of approval under paragraph (1), (2) or (3) shall have effect from —
a
the last day of the latest period in respect of which an audit report has been furnished to the Board within the time stipulated by regulation 7(3) (g); or
b
if the latest period in respect of which an audit report hasbeen so furnished is a period in which the Board consider there to have been a failure on the part of the deposit-taker, or fraudulent conduct or collusion on the part of the deposit-taker, in one or more of the circumstances specified in paragraph (4) (b) to (f), the last day of the latest period in which the Board consider that none of those circumstances applies.
6
If there is no period in which an audit report has been furnished to the Board within the time stipulated by regulation 7(3) (g) or the Board consider that there is no period in which one or more of the circumstances referred to in paragraph (5) (b) does not apply, a termination of approval shall have the like effect as if the deposit-taker had not been approved under regulation 6.
Alteration of scope of approval of deposit-taker
9
1
The Board may, by notice to the deposit-taker, alter the scope of their approval of the deposit-taker under regulation 6 by withdrawing their approval in relation to one or more branches of the deposit-taker or an otherwise separately identifiable part of his business in the cases specified in paragraph (2).
2
The cases specified in this paragraph are cases where the Board consider that one or more of the circumstances specified in regulation 8(4) (b) to (f) applies to the branch or branches of the deposit-taker or the part of his business referred to in paragraph (1), but not to the whole of his business or, as the case may be, the whole of that part of his business approved under regulation 6.
3
Subject to paragraph (4), an alteration of approval under paragraph (1) shall have effect from —
a
the last day of the latest period in respect of which an audit report has been furnished to the Board within the time stipulated by regulation 7(3) (g); or
b
if the latest period in respect of which an audit report has been so furnished is a period in which the Board consider that one or more of the circumstances referred to in paragraph (2) applies to a branch of the deposit-taker or a part of his business, the last day of the latest period in which the Board consider that none of those circumstances applies.
4
If there is no period in which an audit report has been furnished to the Board within the time stipulated by regulation 7(3) (g) or the Board consider that there is no period in which one or more of the circumstances referred to in paragraph (2) does not apply to a branch of the deposit-taker or a part of his business, an alteration of approval under paragraph (1) shall have the like effect as if, so far as concerns that part of his business from which approval is withdrawn, the deposit-taker had not been approved under regulation 6.
Appeals against Board’s refusal to approve deposit-taker, or termination or alteration of approval
10
1
A deposit-taker to whom notice of the Board’s determination to refuse approval under regulation 6(5), or of termination or alteration of approval under regulation 8(3) or 9(1), has been given may appeal against such refusal, termination or alteration, as the case may be, by notice given to the Board within 30 days of the notice.
2
The appeal shall be to the Special Commissioners.
3
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal under this regulation, and on such an appeal —
a
the jurisdiction of the Special Commissioners shall include jurisdiction to review any relevant decision taken by the Board under regulation 6, 7, 8 or 9, and
b
the Special Commissioners shall confirm the notice unless they are satisfied that the notice ought to be quashed.
Consequences of termination or alteration of approval of deposit-taker
11
1
Subject to paragraph (2), where approval is terminated under regulation 8 or altered under regulation 9 —
a
deposits of the kind referred to in regulation 5(a) which are held by the deposit-taker whose approval has been terminated or, as the case may be, by a branch or other part of the deposit-taker’s business from which approval has been withdrawn either —
i
shall cease to be excluded deposits with effect from the appropriate date, or
ii
where regulation 8(6) or regulation 9(4) applies, shall be treated as if they had never been excluded deposits;
b
regulations 3 and 4 shall apply accordingly to such deposits;
c
the audit agreement concluded between the Board and the deposit-taker pursuant to regulation 6(3) shall cease to have effect in relation to such deposits, and accordingly, so far as concerns such deposits, no audit shall be carried out by the auditor or audit report furnished to the Board following the termination or alteration of approval.
2
Where following the termination or alteration of approval of a deposit-taker the conditions of regulation 6(2) and (3) are again satisfied with respect to the whole of his business, the Board shall approve the deposit-taker under regulation 6 for the purposes of these Regulations.
3
In this regulation “the appropriate date” means —
a
as regards a termination of approval under regulation 8, the date determined by regulation 8(5), and
b
as regards an alteration of approval under regulation 9, the date determined by regulation 9(3).
Use of information
12
1
Subject to paragraph (2), information obtained by the Board under regulation 3 or 4 —
a
shall not be used for the purpose of ascertaining the tax liability (if any) of any person other than —
i
a person beneficially entitled to a payment of interest within regulation 3 to whom the information obtained relates, and
ii
the deposit-taker; and
b
shall otherwise be used only for the purposes of these Regulations.
2
Paragraph (1) shall not be construed as preventing any disclosure of information within section 182(5) of the Finance Act 1989 .
A. M. W. Battishill
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
8th January 1992


text:
1
This Order may be cited as the Finance Act 1991, section 49, (Appointed Day) Order 1992.
2
The day appointed as the day on which the provisions of section 49 of the Finance Act 1991 shall have effect in relation to accounting periods beginning on or after that day is 2nd October 1992.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 1992