text:
Citation and commencement
1
1
This Order may be cited as the East London Boroughs (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
1
In this Order —
“Barking” means the London borough of Barking and Dagenham, and any reference to Havering, to Newham, or to Redbridge is a reference to the London borough of that name;
“the map” means one or more of the 7 maps prepared by the Department of the Environment, marked “Maps of the East London Boroughs (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred .
Transfers between Barking and Havering
3
1
The area which is marked B4 on map 1 shall be transferred from Barking, and from the Chadwell Heath ward to Havering, to the Brooklands ward, and to the Havering petty sessional area.
2
The area which is marked B1 on map 3 shall be transferred from Barking, and from the Heath ward to Havering, to the Oldchurch ward, and to the Havering petty sessional area.
3
The areas which are marked B3 on map 1 and B2 on map 3 shall be transferred from Havering, and from the Brooklands ward to Barking, to the Chadwell Heath ward, and to the Barking and Dagenham petty sessional area.
4
The area which is marked B5 on map 1 shall be transferred from Havering, and from the Mawney ward to Barking, to the Marks Gate ward, and to the Barking and Dagenham petty sessional area.
Transfers between Barking and Newham
4
1
The following areas of Barking which are shown on map 4 —
a
the parts of the Abbey ward marked B29 and B30; and
b
the parts of the Gascoigne ward marked B31, B32 and B33shall be transferred to Newham, and to the Newham petty sessional area. The areas marked B32 and B33 shall additionally be transferred to the South Ward, and those marked B29, B30 and B31 to the Wall End ward.
2
The following areas of Newham which are shown on map 4 —
a
the part of the Little Ilford ward marked B26;
b
the parts of the South ward marked B34 and B35; and
c
the parts of the Wall End ward marked B27 and B28
shall be transferred to Barking. The areas marked B26, B27 and B28 shall additionally be transferred to the Abbey ward, and those marked B34 and B35 to the Gascoigne ward.
Transfers between Barking and Redbridge
5
1
The following areas of Barking —
a
the parts of the Abbey ward marked B17 to B20 (inclusive) on map 4;
b
the parts of the Chadwell Heath ward marked B9 on map 2, and B12 and B13 on map 6; and
c
the part of the Triptons ward marked B14 on maps 6 and 7
shall be transferred to Redbridge, and to the Redbridge petty sessional area. The areas marked B9, B12 and B13 shall additionally be transferred to the Chadwell ward, that marked B14 to the Goodmayes ward, and those marked B17 to B20 (inclusive) to the Loxford ward.
2
The following areas of Redbridge —
a
the part of the Aldborough ward marked B6 on map 2;
b
the parts of the Chadwell ward marked B7 and B8 on map 2, and B10 and B11 on map 6;
c
the part of the Goodmayes ward marked B15 on map 7;
d
the parts of the Loxford ward marked B21 to B25 (inclusive) on map 4; and
e
the part of the Mayfield ward marked B16 on map 5shall be transferred to Barking, and to the Barking and Dagenham petty sessional area.
3
The areas transferred by paragraph (2) shall additionally be transferred as follows
i
B6 to the Marks Gate ward;
ii
B7, B8, B10 and B11 to the Chadwell Heath ward;
iii
B15 to the new Becontree ward (see article 6);
iv
B21 to B25 (inclusive) to the Abbey ward; and
v
B16 to the Longbridge ward.
Creation of new Barking ward of Becontree, and other changes to numbers of borough councillors
6
1
There shall be created a new ward of Barking, to be named Becontree ward, and consisting of the area marked B15 on map 7.
2
From 1st April 1994 until 9th May 1994, the new ward shall be represented by the persons then holding office as borough councillors for the Triptons ward of Barking; thereafter, it shall be represented by 2 borough councillors.
3
As from 5th May 1994, the number of councillors representing the Marks Gate ward of Barking shall be increased from 1 to 2.
4
As from 5th May 1994, the number of councillors representing the Goodmayes ward of Redbridge shall be reduced from 3 to 2.
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336 (1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
27th May 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Rules may be cited as the Insolvency (Amendment) Rules 1993 and shall come into force on 5th April 1993.
Interpretation
2
In these Rules references to “the principal Rules” are to the Insolvency Rules 1986 , and a Rule or Schedule referred to by number means the Rule or Schedule so numbered in the principal Rules.
Application
3
The principal Rules shall have effect subject to the amendments set out in the Schedule to these Rules.
Mackay of Clashfern, C.
4th March 1993
I concur, on behalf of the Secretary of State
N. Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th March 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993 and shall come into force on 13th February 1993.
Interpretation
2
1
In this Order –
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“downland turf” means grassland other than permanent, ley or intensive grassland situated on undulating chalk hills;
“grassland” means land on which the vegetation consists primarily of grass species;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“strip” means a strip of land at least 6 metres wide on the edge of a field used for the production of cereal crops;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the South Wessex Downs in the Counties of Dorset, Hampshire and Wiltshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of South Wessex Downs environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates (except any woodland) at the following rates–
a
£8 per annum for each hectare of land other than permanent grassland or downland turf;
b
£40 per annum for each hectare of permanent grassland; and
c
£44 per annum for each hectare of downland turf.
2
Where an agreement includes the additional provisions set out in one or more of the options contained in Schedule 2 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table–
£ per hectare of land per annum
Schedule 2 Option 1 240 Option 2 200 Option 3 60 Option 4 80
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 3, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 per agreement.
In witness whereof the Office Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993.
We consent
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Women’s Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Birmingham Women’s Health Care 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 Birmingham Women’s Health Care 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 Birmingham Maternity Hospital, Queen Elizabeth Medical Centre, Edgbaston, Birmingham B15 2TG and associated hospitals (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 Birmingham.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Birmingham 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 South Birmingham 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 South Birmingham 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
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd Otober 1993


text:
PART I
Preliminary
Citation and commencement
1
These Regulations may be cited as the Beer Regulations 1993 and shall come into force on 1st June 1993.
Revocation and saving provisions
2
1
Subject to paragraph (2) below, the Beer Regulations 1985 and the Spoilt Beer (Remission and Repayment of Duty) Regulations 1987 are hereby revoked.
2
The Spoilt Beer (Remission and Repayment of Duty) Regulations 1987 shall continue to have effect in relation to any beer which is not eligible for relief under article 7 of the Finance Act 1991 (Commencement and Transitional Provisions) Order 1993 and which was removed from the entered premises of a brewer for sale before 1st June 1993 and, for the purposes of this paragraph, “entered premises of a brewer for sale” has the same meaning as it has in regulation 4 of those Regulations.
Application
3
These Regulations apply to beer produced in or imported into the United Kingdom, or removed into the United Kingdom from the Isle of Man.
Interpretation
4
In these Regulations except where the context otherwise requires —
“ the Act ” means the Alcoholic Liquor Duties Act 1979;
“accounting period” means one month or such other period as the Commissioners may in any particular case determine;
“approved guarantee” means a guarantee to pay duty in the event of default by the person who is liable to pay the duty (“the payer”), that is approved by the Commissioners, and is given by a person, other than the payer, who is satisfactory to the Commissioners for these purposes;
“beer” has the meaning given by section 1(3), but subject to section 1(10) of the Act ;
“brewery” includes any premises on which the production of beer is begun;
“class or description” in relation to beer includes its strength and the following classes or descriptions —
beer held at the registered brewery at which it was produced;
beer held on registered premises adjacent to the registered brewery at which it was produced;
beer held otherwise than at the registered brewery at which it was produced or on registered premises adjacent to that brewery;
packaged beer (that is to say any beer which is in a container in which, or from which, it will be sold by retail or otherwise supplied for consumption after the duty point);
packaged beer held on the registered premises at which it was packaged or on registered premises adjacent to those premises; and
bulk beer (that is to say any beer which is not packaged beer);
“duty” means the duty of excise charged on any beer by section 36(1) of the Act ;
“duty point” means the time when the duty is payable by a person, whether or not payment may be deferred;
“excise warehouse” means a place of security for the keeping of beer approved by the Commissioners under section 92(1) of the Customs and Excise Management Act 1979 (whether or not it is also approved for the keeping of other goods);
“package” and “packager” have the meanings given by section 4(1) of the Act ;
“registered brewer” has the meaning given by section 47(1) of the Act;
“registered brewery” means any premises in respect of which a registered brewer is registered under section 47 of the Act;
“registered holder” means a packager of beer or a registered brewer registered under section 41A of the Act in relation to any registered premises;
“registered holder certificate” means a certificate of registration issued in accordance with regulation 10 below;
“registered premises” means any premises registered under section 41A of the Act on which a registered holder may hold beer without payment of duty;
“registered store” means any store registered under section 41A of the Act;
“return of duty” means the return prepared pursuant to regulation 21 below;
“spoilt beer record” means the record maintained pursuant to regulation 33 below;
“strength” in relation to any beer has the meaning given in section 2 of the Act;
“unfinished” in relation to any beer means beer in any stage of production before it has reached that state of maturity at which it is fit for consumption,
and references in these Regulations to suspension arrangements are references to the provisions made by Part V of these Regulations or to any provision made by or under the customs and excise Acts for enabling goods to be held or moved without payment of duty or any provisions made by or under the customs and excise Acts for enabling goods to be held or moved without payment of duty or any provisions made by or under those Acts in connection with any provision enabling goods to be so held or moved.
PART II
Registration of producers of beer
Application for registration by producers of beer
5
1
Every person required to be registered under section 47 of the Act (“the applicant”) shall make application to the Commissioners for registration in respect of the premises on which he produces or intends to produce beer.
2
A separate application shall be made in respect of each of the premises on which the applicant produces or intends to produce beer.
3
Save as the Commissioners may otherwise allow, each application shall contain the particulars specified in Schedule 1 and shall be in such form and manner as the Commissioners may prescribe in any notice published by them in pursuance of these Regulations and not withdrawn by a further notice.
Registration of producers of beer
6
1
The Commissioners may register the applicant in respect of each of the premises in respect of which application is made, and may issue a separate certificate of registration in respect of each of those premises.
2
Without prejudice to regulation 10 below, where the applicant is or will also be registered under section 41A of the Act a certificate of registration issued in accordance with this regulation may, in such circumstances as the Commissioners think fit, be issued in one document serving both as a certificate of registration under section 47 of the Act and as a registered holder certificate.
3
The certificate of registration shall remain the property of the Commissioners.
4
Every certificate of registration shall be kept at all times on the premises to which it relates, and shall be produced for inspection to the proper officer on demand.
5
Subject to paragraph (6) below, a registered brewer shall notify the Commissioners of any change to the particulars contained in any application made pursuant to regulation 5 above and the Commissioners may vary the registration accordingly.
6
A registered brewer is not required to notify the Commissioners of any change in his estimate of the quantity of beer to be produced each year.
7
The Commissioners may, for reasonable cause, vary the registration of a registered brewer with respect to any registered brewery, provided that the Commissioners shall give 14 days notice in writing of such variation.
Revocation of registration of producers of beer
7
1
A registered brewer shall notify the Commissioners of his intention to cease production of beer at any of his registered breweries.
2
A registered brewer shall notify the Commissioners of the cessation of production of beer at any of his registered breweries.
3
Where the Commissioners are satisfied that a registered brewer has failed to produce any beer or has ceased to produce beer at any registered brewery, they may revoke his registration as a registered brewer with respect to that registered brewery at any time.
PART III
Production
When the production of beer begins and when it is completed
8
1
For the purposes of section 47 of the Act (registration of producers of beer) and these Regulations, the production of beer begins when the mash is made.
2
For the purposes of section 36 of the Act (the charge of excise duty) and these Regulations, beer shall be deemed to have been produced at the time determined in accordance with any direction given by the Commissioners or in the absence of any such direction at the earlier of —
a
the time when the beer is put into any package;
b
the time when the beer is removed from the brewery;
c
the time when the beer is consumed;
d
the time when the beer is lost;
e
the time when the beer reaches that state of maturity at which it is fit for consumption.
3
In this regulation “beer” includes unfinished beer.
PART IV
Suspension of Duty: Registration of persons and premises
Application for registration for duty suspension
9
1
Every application by a packager of beer or a brewer (“the applicant”) to be registered under section 41A of the Act in relation to any premises shall be made to the Commissioners.
2
A separate application shall be made in respect of each of the premises on which the applicant intends to hold beer without payment of the duty.
3
Save as the Commissioners may otherwise allow, each application shall contain the particulars specified in Schedule 2.
4
Every application shall be made at least 14 days before the day on which the applicant intends to hold beer without payment of the duty.
Registration for duty suspension
10
1
The Commissioners may register the applicant in respect of each of the premises in respect of which application is made, and may issue a separate registered holder certificate in respect of each of those premises.
2
The Commissioners may specify in the registered holder certificate each class or description of beer that the applicant may hold without payment of duty on the premises to which the certificate relates.
3
The registered holder certificate shall remain the property of the Commissioners.
4
Every registered holder certificate shall be kept at all times on the premises to which it relates, and shall be produced for inspection to the proper officer on demand.
5
A registered holder shall notify the Commisioners of any change to the particulars contained in any application made pursuant to regulation 9 above and the Commissioners may vary the terms of the registration accordingly.
Revocation etc. of registration for duty suspension
11
1
A registered holder shall notify the Commissioners of his intention to cease holding beer without payment of the duty at any of his registered stores.
2
A registered holder shall notify the Commissioners of the cessation of his holding beer without payment of the duty at any of his registered stores.
3
Where the Commissioners revoke or vary the terms of their registration of any person or premises under section 41A(6) of the Act they shall give 14 days notice in writing of such revocation or variation.
PART V
Suspension of Duty: Arrangements and requirements
Holding beer in duty suspension
12
A registered holder may hold, on registered premises without payment of duty, beer of any class or description specified in the registered holder certificate issued in respect of those premises; provided that the duty chargeable in respect of beer of that class or description is secured by an approved guarantee except where the Commissioners may otherwise agree.
Moving beer in duty suspension
13
1
Subject to the provisions of paragraphs (2) to (4) below, and without prejudice to regulation 16 of the Excise Warehousing (Etc.) Regulations 1988 (removal from warehouse) and regulation 9 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 (moving excise goods in duty suspension), beer may be removed without payment of duty —
a
from registered premises:
i
to other registered premises or an excise warehouse; or
ii
for export, removal to the Isle of Man or shipment as stores;
b
from an excise warehouse to regtistered premises; and
c
from the place of importation to registered premises.
2
All removals of beer without payment of duty mentioned in paragraph (1)(a)(i) and (1)(b) above shall not be subject to any requirement imposed by regulations 10 and 11 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 (movement conditions and accompanying documents and certificate of receipt) but shall be subject to the requirements imposed by paragraph (3) below.
3
Save as the Commissioners may otherwise allow, every removal of beer shall be subject to the following requirements —
a
the duty chargeable in respect of the beer that is removed is secured by an approved guarantee;
b
the beer is accompanied by a document issued by the consignor and containing a unique reference number, his name and address, the date of despatch, the name and address of the consignee, the address of the place to which the beer is consigned, a description of the beer including its quantity, strength and package size, and a statement indicating that it is being moved without payment of duty;
c
in the case of export or shipment as stores, the consignor shall satisfy the Commissioners that the beer has been exported or, as the case may be, shipped as stores; and
d
in any other case —
i
the consignee who receives the beer shall within 14 days of the day upon which he received that beer issue a certificate containing such particulars as may be specified by the Commissioners in a notice published by them and shall keep a record of the issue of the certificate and shall keep any accompanying document issued to him; and
ii
the certificate mentioned in sub-paragraph (i) above shall be delivered to the consignor of the beer.
4
For the protection of the revenue the Commissioners may by notice in writing addressed to a registered holder restrict or prohibit the movement of beer without payment of duty from his registered premises to other registered premises or to an excise warehouse.
Record of beer in duty suspension
14
1
Every registered brewer, registered holder and authorised warehousekeeper shall keep a record of every delivery and receipt of beer under suspension arrangements undertaken by him.
2
The record required to be kept under paragraph (1) above —
a
shall include the particulars specified in Schedule 3; and
b
shall be separate from any record of deliveries and receipts of beer not under suspension arrangements.
3
Every registered brewer, registered holder and authorised warehousekeeper shall keep such records of stock, stock deficiencies, increases or other discrepancies and samples taken as the Commissioners may specify in any notice published by them and not withdrawn by a further notice.
PART VI
Determination of the Duty
The duty point
15
1
Save where any duty suspension arrangements apply to the beer, the duty point (the time when the duty is payable by a person) shall be the time when the beer is charged with the duty by section 36(1) of the Act, that is to say, the time when it is imported into the United Kingdom or, as the case may be, produced in the United Kingdom.
2
If any duty suspension arrangements apply to the beer, the duty point shall be the earlier of —
a
the time when the duty ceases to be suspended in accordance with those arrangements;
b
the time when there is any contravention of any requirement relating to those arrangements; and
c
the time when the duty ceases to be suspended by virtue of paragraph (3) below.
3
The duty ceases to be suspended when —
a
the premises on which the beer is held cease to be registered premises under Part IV of these Regulations;
b
the person holding the beer ceases to be registered under Part IV of these Regulations;
c
the beer is consumed; or
d
the beer leaves any registered premises unless —
i
the beer is consigned to other registered premises or an excise warehouse in accordance with requirements prescribed in Part V of these Regulations and Part IV of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992; or
ii
the beer is delivered for export, shipment as stores or removal to the Isle of Man.
4
In this regulation “contravention” includes a failure to comply.
Rate of duty
16
The duty shall be paid at the rate in force at the duty point.
The amount of beer in any container
17
Save as the Commissioners otherwise allow, the amount of beer in any container shall be deemed to be the greater of —
a
the amount determined in accordance with section 2 of the Act;
b
the amount ascertained by reference to information on the label of the container of the beer; and
c
the amount ascertained by reference to information on any invoice, delivery note or similar document issued in relation to the beer.
The strength of the beer
18
Save as the Commissioners otherwise allow, the strength of the beer shall be deemed to be the greater of —
a
the strength determined by the method described in Schedule 4 to these Regulations;
b
the strength ascertained by reference to information on the label of the container of the beer;
c
the strength ascertained by reference to information on any invoice, delivery note or similar document issued in relation to the beer; and
d
the strength which any cask or bottle conditioned beer or any other unfinished beer is reasonably expected to have when sold by way of retail or otherwise supplied for consumption.
PART VII
Payment of the duty and returns
Person liable to pay the duty
19
1
The person liable to pay the duty shall be the person holding the beer at the duty point.
2
Any person (not being the person specified in paragraph (1) above) who imported the beer, who produced the beer or who held the beer under duty suspension arrangements at any time before the duty point and, who does not hold a certificate of receipt for the beer with respect to every holding of the beer by him shall be jointly and severally liable to pay the duty with the person specified in paragraph (1) of this regulation; provided that —
a
no person shall be so liable before the 30th day following the day of despatch of the beer in question; and
b
a person shall cease to be so liable upon his receiving the certificate of receipt in question or upon his satisfying the Commissioners that the beer in question was received by the consignee in circumstances where a valid certificate of receipt could and should have been issued.
3
For the purposes of this regulation “certificate of receipt” means —
a
a certificate issued in accordance with regulation 13(3)(d) above;
b
a certificate issued in accordance with regulation 11(3) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992; or
c
a certificate issued in accordance with regulation 11(4) of the Excise Warehousing (Etc.) Regulations 1988.
Time and method of payment
20
1
Subject to paragraph (2) and save as the Commissioners may allow, the duty shall be paid at the duty point.
2
Where the person liable to pay the duty is a registered brewer or registered holder, save as the Commissioners otherwise direct, the duty shall be paid not later than the 25th day of the month next following the month containing the duty point in relation to the duty provided that —
a
where the last day for making payment would, if determined in accordance with the foregoing provision of this paragraph, fall on a day which is not a business day, the duty shall be paid not later than the last business day before that day; and
b
save as the Commissioners otherwise agree, the duty is secured by an approved guarantee.
3
Save as the Commissioners otherwise allow, the duty shall be paid by direct debit.
4
The duty shall be paid to the Commissioners.
5
In this regulation “business day” means a day which is a business day within the meaning of section 92 of the Bills of Exchange Act 1882 for the purposes of the General Account of the Commissioners of Customs and Excise at the Bank of England in London.
Furnishing of returns
21
1
Save, in the case of a registered holder, as the Commissioners may otherwise direct, every person who is registered or was or is required to be registered in accordance with these Regulations shall, in respect of every period of a month furnish the Commissioners, not later than the 15th day of the month next following the end of the period to which it relates, with a return on a form approved by the Commissioners showing the amount of duty payable by him and containing full information in respect of the other matters specified in the form and a declaration signed by him that the return is true and complete.
2
Returns shall be furnished at such place as the Commissioners may direct and, unless furnished in person when that place is open to the public for business, may be furnished in such other manner as the Commissioners may allow.
PART VIII
Operations on beer
Mixing
22
1
This regulation does not apply to beer in relation to which any personal relief has been conferred.
2
Beer to which any suspension arrangements apply shall not be mixed with any beer to which no such arrangements apply.
3
Unless and until the beer is sold by way of retail or otherwise supplied for consumption, beer shall not be mixed with any beer of a different strength unless the mixing takes place —
a
before the duty point; and
b
at a registered store or a registered brewery.
Addition of substances
23
1
Save as the Commissioners otherwise allow, unless and until the beer is sold by way of retail or otherwise supplied for consumption, no relevant operation with respect to any beer shall be carried out by any person, except by a registered brewer at a registered brewery or by a registered holder at a registered store.
2
Every registered brewer and registered holder shall keep a record containing the particulars specified in Schedule 5 below of all relevant operations carried out by him.
3
In this regulation “relevant operation” means the addition of any substance to any beer which causes or is likely to cause the beer to be chargeable with a greater amount of duty than would be chargeable if the operation had not taken place.
Dilution of beer
24
Save as the Commissioners otherwise allow, no water shall be added to any beer after the duty point with respect to the beer unless and until the time that the beer is sold by way of retail or otherwise supplied for consumption.
Protection of the revenue derived from excise duty on beer
25
Unless and until the beer is sold by way of retail or otherwise supplied for consumption, after the duty point no person may carry out any operation on, or in relation to, beer of any description if that operation would, had it been carried out before the duty point, have resulted in a greater amount of duty being payable than was actually payable at the duty point.
PART IX
Spoilt beer
Introduction
26
1
Remission of duty charged or repayment of duty paid in respect of beer which has been removed from any registered brewery and which has become spoilt or otherwise unfit for use, is subject to compliance with the conditions set out in this part of these Regulations.
2
Where any beer has been removed from the registered store of a registered holder and the beer has become spoilt or otherwise unfit for use and the Commissioners are satisfied that the beer has not been and will not be consumed in the United Kingdom the registered holder shall be entitled to drawback of duty in respect of the beer subject to compliance with the conditions set out in this part of these Regulations.
3
The claimant shall, save as the Commissioners may otherwise allow, satisfy the Commissioners that he was the person who actually paid the duty in respect of the spoilt beer which is the subject of his claim.
4
Only one claim for remission or repayment of duty or drawback of duty may be made in respect of any spoilt beer.
5
A claim for remission or repayment of duty or drawback of duty shall not be made in respect of any spoilt beer which has been adulterated or diluted except that such a claim may be made in respect of spoilt beer which was diluted before the duty point.
6
In this part of these Regulations “claimant” means the registered brewer claiming remission or repayment of duty or the registered holder claiming drawback of duty as the case may be.
Return to the registered brewery or registered premises
27
1
Save as the Commissioners otherwise allow, spoilt beer shall be returned to the claimant’s premises.
2
Where a claimant claims remission or repayment of duty or a drawback of duty, except in the case of cellar tank beer, spoilt beer shall be returned in the container in which it left the claimant’s premises.
3
In this regulation and in regulation 28 below, “claimant’s premises” means the claimant’s registered brewery or, as the case may be, the claimant’s registered premises.
Ascertainment of the amount of duty charged or paid
28
1
Except as the Commissioners otherwise allow, the amount of duty charged or paid shall be ascertained by reference to —
a
the quantity of the spoilt beer (determined in accordance with paragraph (2) below);
b
its strength (determined in accordance with paragraph (3) below); and
c
the rate of duty charged upon it.
2
The quantity of the spoilt beer shall be —
a
in the case of beer which is returned in the same containers in which it left the claimant’s premises and from which no beer has been removed, the amount upon which the duty was charged; and
b
in any other case, the quantity of beer upon which the duty was charged which is returned.
3
The strength of the spoilt beer shall be —
a
in the case of beer which is returned in the same container in which it left the claimant’s premises and from which no beer has been removed, the strength by reference to which the duty was charged; and
b
in any other case, the lesser of the actual strength ascertained in accordance with regulation 18 above and the strength by reference to which the duty was charged.
Destruction etc.
29
1
Subject to paragraph (2) below, spoilt beer shall be destroyed so that it is rendered unsaleable as a beverage to the satisfaction of the Commissioners.
2
A registered brewer may reprocess spoilt beer in a manner which is satisfactory to the Commissioners and if he does so reprocess any spoilt beer regulation 30 below shall apply as if —
a
for the words “destroying” and “destruction” in that regulation there were substituted the word “reprocessing”;
b
for the word “destroyed” in that regulation there were substituted “reprocessed”; and
c
paragraph (3) of that regulation were omitted;
provided that no claim for remission or repayment of duty shall be made for any spoilt beer to which this paragraph applies unless and until the reprocessing of that beer has commenced.
Procedure
30
1
If the proper officer so requires, the claimant shall, at least 24 hours before destroying spoilt beer —
a
enter the date and time of the proposed destruction in the spoilt beer record; and
b
notify the proper officer of the date and time of the proposed destruction.
2
Except as the proper officer otherwise allows, the claimant shall, before destroying the spoilt beer —
a
enter in the spoilt beer record the quantity of spoilt beer;
b
determine the strength of the beer in accordance with regulation 28 and enter the result in the spoilt beer record when it is known to him.
3
Except as the proper officer otherwise allows, within one hour of the completion of destruction the claimant shall enter the date and time of the completion in the spoilt beer record.
4
If the claimant transfers spoilt beer from the container in which it was returned to his premises to another container otherwise than for immediate destruction, he shall enter in the spoilt beer record such particulars relating to the transfer, the spoilt beer and the containers as would be required by these Regulations if the spoilt beer was destroyed.
Remission, repayment or drawback
31
No claim for remission or repayment of duty or for drawback of duty shall be made unless, taken together with any other claim being made at the same time, the total quantity of spoilt beer in respect of which the claim is made amounts to not less than 10 hectolitres; provided that if during the six months immediately preceding the date upon which the claim is made the quantity of spoilt beer upon which remission or repayment of duty or drawback of duty could be claimed by the claimant amounts in total to less than 10 hectolitres this paragraph shall operate as if the reference to not less than 10 hectolitres were a reference to not less than such quantity of beer as would result in a claim for remission or repayment of duty or for drawback of duty of at least £50.
Claims
32
The claimant shall make a claim for remission or repayment of duty or drawback of duty to the Commissioners on his return of duty; provided that, where by virtue of his being registered in respect of more than one brewery or premises, he makes more than one return for the same accounting period he shall, except as the Commissioners may otherwise allow, make his claim on his return relating to the brewery or premises in respect of which the return of duty was made.
Records
33
1
In support of his claims for remission or repayment of duty or drawback of duty the claimant shall keep —
a
a spoilt beer record containing such particulars as the Commissioners may specify in a notice published by them and not withdrawn by a further notice; and
b
records for the purposes of establishing that duty has been charged or paid on the spoilt beer and the amount of that charge or payment.
2
The claimant shall retain the records required under paragraph (1) above for at least 6 years (or such lesser period as the Commissioners may otherwise allow) from the date of the claim on the return of duty and shall allow the proper officer to inspect, copy and take extracts from them at any reasonable time.
3
Where the records required under paragraph (1) above are preserved in a form which is not readily legible or which is legible only with the aid of equipment the claimant shall, at the proper officer’s request, produce a transcript or other permanently legible reproduction of the records and shall permit the proper officer to retain that reproduction.
PART X
Consequential amendments
Amendment of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992
34
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 shall be amended as follows —
a
in the definition of “tax warehouse” in regulation 2(1) there shall be inserted after the words “excise warehouse” the words “and any premises registered under section 41A of the Alcoholic Liquor Duties Act 1979”; and
b
in regulation 9(2) there shall be inserted after the word “below” the words “and to Part V of the Beer Regulations 1993”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th May 1993


text:
1
This Order may be cited as the Immigration (Transit Visa) Order 1993 and shall come into force on 22nd July 1993.
2
A national or citizen of one or more of the countries or territories specified in the Schedule to this Order who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom shall hold a visa for that purpose (a transit visa) unless he:
a
has the right of abode in the United Kingdom under the Immigration Act 1971 ; or
b
is also a national of a member State of the European Communities.
3
An application for a transit visa shall be made to any British High Commission, Embassy or Consulate which accepts such applications.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Central Region (Electoral Arrangements) Order 1993.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order —
a
a reference to —
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned; and
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps;
b
the following abbreviations are used: —
“ED” for Electoral Division; and
“grid reference” for National Grid Reference as published on Ordnance Survey Maps;
Change of electoral arrangements
3
The existing electoral divisions of Central Region shall be abolished and the said Region shall be divided into thirty-five electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Central Region (Electoral Arrangements) Order 1977 is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
18th February 1993


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Uganda) Order 1993.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Republic of Uganda with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Uganda;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Uganda concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of The Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Rent Act 1977 (Forms etc.) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendments
2
The Rent Act 1977 (Forms etc.) Regulations 1980 are amended as follows —
a
in regulation 3 —
i
after paragraph (2)(b) insert —
bb
in the case of an application under section 67A for an interim registration of rent, form No. 9A;
;
ii
at the beginning of paragraph (3) insert “Subject to paragraph (3A) below,”; and
iii
after paragraph (3) insert —
3A
The form of notice to be served by a rent officer under paragraph 3(1) of Schedule 11 to the 1977 Act in the case of an application made under section 67A of that Act shall be form No. 12A.
;
b
in Schedule 1, in the list of contents, —
i
after the entry for form No. 9 insert —
9A
Application for an interim increase of rent on account of council tax.
; and
ii
after the entry for form No. 12 insert —
12A
Notification of application for an interim increase of rent on account of council tax.
;
c
in Schedule 1, at the end of paragraph 1 of forms No. 1 and No. 2 add “[This includes council tax]”;
d
in Schedule 1, at the end of paragraph 7 of forms No. 5, 6 and 7 add —
A landlord may be liable for council tax if the property is in a house in multiple occupation, unless the property is an exempt dwelling. The main exemption is where the residents of such a dwelling are students or recent school or college leavers.
;
e
in Schedule 1, at the end of paragraph 12 of form No. 5 add —
Include council tax if this is payable under the tenancy by the tenant to the landlord
;
f
in Schedule 1, at the end of the note at the end of the form No. 5 add —
an application for registration of an interim rent to take into account the tenant’s liability to make payments to his landlord in respect of council tax (use Form 9A)
;
g
in Schedule 1, after forms No. 9 and 12 insert forms No. 9A and 12A respectively as set out in the Schedule to this Order;
h
in Schedule 2, after paragraph 8 insert —
8A
Liability for payment of council tax for the accommodation let to the tenant.
;
i
in Schedule 3, in paragraph 7 after the word “rates” insert the words “and the council tax”;
j
in Schedule 4, after paragraph 5 insert —
5A
Liability for payment of council tax for the accommodation occupied by the lessee.
.
Michael Howard
Secretary of State for the Environment
11th March 1993
David Hunt
Secretary of State for Wales
11th March 1993


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Camden, Hackney and Hounslow) Order 1993 and shall come into force for all purposes other than those of article 3(1)(d) on 6th December 1993 and, for the purposes of article 3(1)(d), on 9th January 1994.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in a Schedule to a number followed by the letter “m” is a reference to that number of metres; and
a reference to a Schedule followed by a number is a reference to the Schedule to this Order bearing that number.
Designation of special parking areas
3
1
The Secretary of State hereby designates each of the following areas as a special parking area: —
a
the London borough of Camden except the roads named or described in Part I of Schedule 1 and the areas described in Part II of that Schedule;
b
the London borough of Hackney except the roads named or described in Part I of Schedule 2 and the areas described in Part II of that Schedule;
c
the London borough of Hounslow except the roads named or described in Parts I and III of Schedule 3 and the areas described in Part II of that Schedule; and
d
that part of the London borough of Hounslow which consists of the roads named or described in Part III of Schedule 3.
2
A reference in the following provisions of this Order to a special parking area is a reference to an area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London boroughs of Camden, Hackney and Hounslow as if–
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within a special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to a special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection:–
1A
In subsection (1) above, references to “a special parking area” are to an area designated as a special parking area by the Road Traffic (Special Parking Areas) (London Boroughs of Camden, Hackney and Hounslow) Order 1993.
.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in a special parking area in the London borough of Camden, Hackney or Hounslow as if, in paragraph (d), for the words “a parking place” to the end there were substituted–
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in a special parking area in the London borough of Camden, Hackney or Hounslow as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in a special parking area in the London borough of Camden, Hackney or Hounslow as if, for subsection (4), there were substituted the following subsection:–
4
The grounds are–
a
that there were no reasonable grounds for the parking attendant concerned to believe that either–
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London boroughs of Camden, Hackney or Hounslow as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in a special parking area in the London borough of Camden, Hackney or Hounslow as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in a special parking area as if–
a
in sub–paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub–paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
13th November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Garbage) (Amendment) Regulations 1993 and shall come into force on 20th July 1993.
Amendments of 1988 Regulations
2
1
The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 shall be amended as follows.
2
In regulation 1(2) the definition of “Special Area” shall be omitted.
3
At the end of regulation 1 there shall be added the following paragraph —
3
For the purposes of these Regulations a Special Area is any of the following areas, that is to say the Baltic Sea area, the North Sea area, the Antarctic area, and the Wider Caribbean Region; and the said areas are respectively defined as follows —
a
“the Baltic Sea area” means the Baltic Sea proper with the Gulf of Bothnia and the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57°44.8'N;
b
“the North Sea area” means all sea areas within the following boundaries (including the North Sea proper and the English Channel and its approaches) —
i
to the north, the boundary constituted by the 62°N parallel from Norway westward to 4°W meridian and thence southward to Scotland;
ii
to the east, the boundary constituted by the parallel 57°44.8'N east of the Skaw in the Skagerrak;
iii
to the south, the boundary constituted by the parallel 48°30'N from France westward to 5°W meridian and thence northward to England;
c
“the Antarctic area” means the sea area south of latitude 60°S;
d
“the Wider Caribbean Region” means the Gulf of Mexico and Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30°N parallel from Florida eastward to 77°30'W meridian, thence a rhumb line to the intersection of 20°N parallel and 59°W meridian, thence a rhumb line to the intersection of 7°20'N parallel and 50°W meridian, thence a rhumb line drawn southwesterly to the eastern boundary of French Guiana.
.
4
For regulation 6 there shall be substituted the following regulations —
6
1
Subject to paragraph (2) of this regulation, the disposal from a ship into the sea within a Special Area of food wastes is prohibited except where it is made as far as practicable, and in any case not less than 12 miles, from the nearest land.
2
Subject to regulation 7, the disposal into the sea within the Wider Caribbean Region of food wastes which have been comminuted or ground to the required standard is prohibited except where it is made as far as practicable, and in any case not less than 3 miles, from the nearest land.
6A
A United Kingdom ship shall not enter the Antarctic area unless —
a
it has sufficient capacity for the retention on board of all garbage while operating in the area; and
b
it has concluded arrangements for the discharge of retained garbage at a reception facility after it has left the area.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
5th July 1993


text:
1
This Order may be cited as the London South Circular Trunk Road (A205) (Thurlow Park Road, Lambeth) (Prohibition of Right Turn) Order 1993 and shall come into force on 28th August 1993.
2
In this Order —
“Thurlow Park Road” means that length of the London South Circular Trunk Road (A205) in the London Borough of Lambeth known as Thurlow Park Road; and
“Croxted Road” means the road of that name in the London Borough of Lambeth.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle proceeding eastbound in Thurlow Park Road to make a right turn into Croxted Road (A2199).
4
Nothing in this Order shall apply —
a
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden; or
b
to a vehicle being used for police, ambulance or fire brigade purposes.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer London Regional Office of the
Department of Transport
23rd August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The King’s Mill Centre for Health Care Services National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The King’s Mill Centre for Health Care Services 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 King’s Mill Centre for Health Care Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at The King’s Mill Centre, Mansfield Road, Sutton-in-Ashfield, Nottinghamshire NG17 4JL and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Nottinghamshire Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The North Nottinghamshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Nottinghamshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Blood Authority (Establishment and Constitution) Order 1993 and shall come into force on 1st April 1993.
2
In this Order —
“the Authority” means the National Blood Authority established by this Order;
“an old authority” means, in relation to an officer referred to in article 5 of this Order, the Central Blood Laboratories Authority or the North Western Regional Health Authority ;
“the transfusion service” means the arrangements made by Regional Health Authorities with respect to the collection and supply of blood in their respective regions for the purposes of the health service.
Establishment of the National Blood Authority
2
There is hereby established a special health authority which shall be known as the National Blood Authority.
Functions of the Authority
3
1
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform on behalf of the Secretary of State the functions specified in paragraph (2) of this article and such other functions as the Secretary of State may direct the Authority to perform on her behalf .
2
The functions referred to in paragraph (1) of this article are —
a
the provision of laboratories for the manufacture of blood products and for other purposes;
b
the preparation of plasma fractions and other products for therapeutic, diagnostic and other purposes;
c
research and development in plasma protein fractionation and for other purposes;
d
the manufacture of blood grouping re-agents and other related re-agents;
e
the supply of products prepared or manufactured under sub-paragraph (b) or (d) above for the purposes of the health service;
f
the monitoring of the operation by Regional Health Authorities of the transfusion service, and the provision of advice to the Secretary of State in connection with that service;
g
the provision of advice to Regional Health Authorities as to the co-ordination of their respective activities in connection with the transfusion service, with a view to securing and maintaining an adequate supply of blood and plasma for the purposes of the health service;
h
the promotion, by advertisement and otherwise, of the transfusion service, in particular with a view to maintaining an adequate number of persons who are willing to donate blood for the purpose of that service;
i
the making of arrangements, on behalf of Regional Health Authorities, for the supply under NHS contracts of blood between those Authorities.
Constitution of the Authority
4
1
The Authority shall consist of —
a
the Chairman;
b
not more than five members who are not officers of the Authority;
c
the chief officer of the Authority; and
d
not more than four members who are officers of the Authority.
2
The members mentioned in paragraph (1)(b) above shall include a person with experience in industry.
Transfer of staff
5
Any officer —
a
of the Central Blood Laboratories Authority; and
b
of the North Western Regional Health Authority who was, immediately before the date upon which this Order comes into force, employed by that authority in the National Directorate of the National Blood Transfusion Service,
shall, on the date of the coming into force of this Order, be transferred to the Authority, and the contract of employment between each such officer and the old authority shall be modified so as to substitute the Authority as the employer in place of the old authority.
Enforceability of rights
6
Any right which was, immediately before 1st April 1993, enforceable by or against —
a
the Central Blood Laboratories Authority; or
b
the North Western Regional Health Authority as respects the exercise of functions in connecton with the National Directorate of the National Blood Transfusion Service;
shall on or after that date be enforceable by or against the Authority.
Remuneration of members
7
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for purposes of paying remuneration to members of health authorities).
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
9th March 1993


text:
1
The lengths 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 trunk road and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Cambridgeshire that the special roads referred to in article 1 of the A604(M) Motorway (Alconbury to A1(M) Section) and Connecting Roads Scheme 1993 are open for use as special roads.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/341 marked “The A604 Trunk Road (Alconbury to A1 Improvement) (Detrunking) Order 1993”signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the A604 Trunk Road.
3
This Order shall come into force on 14th December 1993 and may be cited as the A604 Trunk Road (Alconbury to A1 Improvement) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
17th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Part-time Employees) Regulations 1993 and shall come into force on 17th August 1993, but regulation 6 shall have effect as from 17th September 1990.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Payments by Employees
2
Part C of the principal Regulations shall be amended by inserting after regulation C6 the following regulation:
Payments in respect of previous part-time service
C6A
1
Where —
a
a person elects under regulation B1A(1) to become a pensionable employee; and
b
pursuant to paragraph 5 of Part IV of Schedule 2, the notice of election specifies that the election shall have effect from a date earlier than the date of the election;
the person shall make a payment into the appropriate superannuation fund in order for the election to have effect from the date specified in the notice.
2
The amount of the payment under paragraph (1) is an amount equal to the contributions which the person would have been required to make under regulation C2 if he had throughout the period from the specified date to the date of the election been a pensionable employee.
3
A payment under paragraph (1) is to be made, unless the employing authority allow a longer period, within 6 months of the date on which the person is notified by the employing authority of its amount.
4
A payment under paragraph (1) is to be treated for the purposes of these Regulations as if it consisted of contributions made under regulation C2 in respect of employment in which the person was a pensionable employee.
.
Service
3
Part D of the principal Regulations shall be amended by inserting after regulation D8 the following regulation:
Previous service of certain part-time employees
D8A
A pensionable employee who has made a payment under regulation C6A is entitled to reckon as reckonable service in relation to the employment in respect of which he has elected under regulation B1A(1) to become a pensionable employee the period for which the payment was made.
.
Saving for entitlement to gratuities
4
Part K of the principal Regulations shall be amended as follows:
a
in regulation K1, there shall be inserted after paragraph (3)(d) the following words —
or
e
during which he is not a pensionable employee by virtue of a notification under regulation B1B or a failure to elect under regulation B1A, unless he —
i
was employed by a scheduled body on 17th August 1993;
ii
had attained the age of 50 before that date; and
iii
immediately before that date was disqualified from being a pensionable employee because his contractual hours were fewer than 15.
;
b
in the definition of “D” in regulation K4(1), there shall be inserted after the word “is” the words
either —
i
in respect of a person whose contractual hours are fewer than 15, the length in years and days of that person’s service after 16th August 1993 except, in the case of a person who had not before 17th August 1993 attained the age of 50, any service which would have become reckonable as reckonable service if he had on 17th August 1993 made an election under regulation B1A or regulation B1C; or
ii
in any other case,
.
Qualifying part-time employment
5
Part IV of Schedule 2 to the principal Regulations shall be amended as follows:
a
in paragraph 1, —
i
in sub-paragraph (2), the words “15 or more but” shall be deleted;
ii
in sub-paragraph (3), paragraph (b) and the word “and” immediately preceding it shall be deleted;
iii
in sub-paragraph (4), there shall be added the following words —
or
e
it is an employment in which the person is employed as a member of a fire brigade maintained in pursuance of the Fire Services Act 1947 on terms under which he is or may be required to engage in fire fighting;
;
iv
for sub-paragraph (7) there shall be substituted the following —
7
Where a person has given a notification under regulation B1B and has ceased to be a pensionable employee, but before giving that notice he had been a pensionable employee in a qualifying part-time employment by virtue of an election made before 6th April 1988 under paragraph 1(1) above (before its amendment by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988), he may only make a subsequent election under regulation B1C if he is in a qualifying part-time employment (or falls within some other description of pensionable employee in regulation B1).
;
b
at the end, there shall be added the following paragraph:
5
Subject to regulation C6A, where on 17th August 1993 a person —
a
is in a qualifying part-time employment,
b
becomes on that date eligible to elect under regulation B1A(1) to become a pensionable employee by virtue of the amendment of paragraph 1(2) above by the Local Government Superannuation (Part-time Employees) Regulations 1993, and
c
before 17th February 1994 gives notice of election under regulation B1A(1),
the election shall have effect in accordance with regulation B1A unless the notice specifies that the election shall have effect from the date on which he commenced the qualifying part-time employment or 1st January 1993 whichever is the later.
.
Additional ill-health service in respect of part-time service
6
Paragraph 1 of Schedule 9 to the principal Regulations shall be amended as follows —
a
in sub-paragraph (2)(b)(ii) the words from “except” to the end shall be deleted; and
b
at the end the following sub-paragraphs shall be added —
3
In sub-paragraph (2)(b)(ii) above “subsequent reckonable service” does not include an additional period purchased by a lump sum or additional contributions except, subject to sub-paragraph (4) below, where the additional period was purchased on or after 17th September 1990 under regulation C7A.
4
Where the additional period to which a person is to be treated as being entitled to reckon as reckonable service would be a longer period if, in calculating the person’s relevant reckonable service, an additional period purchased under regulation C7A were to be disregarded instead of being taken into account, the additional period so purchased shall be disregarded.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
20th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 24th November 1993.
2
In this Order —
“the Authority” means Central Manchester Health Authority;
“the Trust” means the Central Manchester National Health Service Trust;
“the trust property” means the items specified in an agreement relating to trust property prepared by and agreed upon by the Authority and the Trust on 13th July 1992, which agreement has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
26th October 1993


text:
1
These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1993 and shall come into force on 27th May 1993.
2
In regulation 2(1) of the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 after sub-paragraph (c), in the definition of “prescribed family proceedings”, there shall be added the following sub-paragraph: —
d
proceedings under sections 20 or 27 of the Child Support Act 1991 in the High Court, a county court or a magistrates' court.
.
Mackay of Clashfern, C.
Dated 15th April 1993
We consent,
Tim Kirkhope
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 20th April 1993


text:
Citation and Commencement
1
This Order may be cited as the Nene Valley Light Railway (Transfer) Order 1993 and shall come into force on 3rd June 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Commission ” means the Commission for the New Towns (to which the property of the Corporation was transferred by the Peterborough Development Corporation (Transfer of Property and Dissolution) Order 1988 ;
“ the Company ” means the Nene Valley Railway Limited incorporated under the Companies Acts 1948 to 1967 and having its registered office at Wansford Station, Peterborough;
“the Corporation” means the Peterborough Development Corporation;
“the existing Orders” means the 1977 Order and the 1986 Order ;
“the leases” means any leases within the definition of article 2 of the 1977 Order or article 2 of the 1986 Order;
“the 1977 Order” means the Nene Valley Light Railway Order 1977 ;
“the 1986 Order” means the Nene Valley Light Railway Order 1986 ;
“the railways” means —
the railway as defined in the 1977 Order; and
the railway as defined in the 1986 Order;
“the transfer date” means the date upon which the railways are transferred from the Commission to the Company pursuant to article 3 (Sale of railways to Company) of this Order.
2
The existing Orders and this Order may be cited together as the Nene Valley Light Railway Orders 1977 to 1993.
Sale of railways to Company
3
The Commission and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the railways on such terms and conditions as may be agreed between the Commission and the Company. Transfer of rights etc.
to Company
4
1
As from the transfer date the Company shall to the exclusion of the Commission be entitled to the benefit of and to exercise all such rights, powers and privileges and be subject to all such obligations, whether statutory or otherwise, relating to the railways (insofar as the same are subsisting and capable of taking effect) as are vested in the Commission.
2
For the purposes of paragraph (1) of this article all rights, powers, privileges and obligations transferred from the Corporation to the Company by the leases and subsisting at the transfer date shall be deemed to be vested in the Commission.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
2nd June 1993


text:
1
This Order may be cited as the Combined Probation Areas (Greater Manchester) Order 1993 and shall come into force on 1st January 1994.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Greater Manchester Probation Area shall be amended by–
a
omitting the entries in respect of the petty sessions areas of Eccles and Salford;
b
inserting in alphabetical order in column 1 “City of Salford”, and corresponding to this in column 3 “2”.
3
The four members of the Greater Manchester Probation Committee appointed before 1st January 1994 by the justices for the petty sessions areas of Eccles and Salford shall decide by agreement, or in default of agreement by lot, which two of them shall continue in office as if appointed by the justices for the new petty sessions area of City of Salford .
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
21st November 1993


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) Order 1993 and shall come into force on 1st January 1994.
2
In this Orderreferences to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods; and
“the EEC Regulation” means articles 66 to 97 of Commission Regulation (EEC) No.2454/93 .
2
1
Up to and including 30th June 1994, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania.
2
Up to and including 30th June 1994, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.
3
Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for free circulation (within the meaning of regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 and Chapter 2 of Title V of Commission Regulation (EEC) No.2561/90 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1994 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3
1
Up to and including 30th June 1994, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Subject to paragraphs (4) and (5) of this article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof for free circulation (within the meaning described in article 2(3) above) is accepted on or after the date of the opening of the quota, being an entry containing an application for relief from customs duty accompanied by such documents as may be required under the provisions of the EEC Regulation.
4
The Commissioners may delay the acceptance of an application for relief from duty in respect of any goods for the purposes of paragraph (3) above for any period not exceeding 7 days from the date of the opening of the quota, and in such a case may, if the amount of the quota is smaller than the total amount of the goods in respect of which applications are made during that period, allocate the quota proportionally among all the applicants whose applications are accepted.
5
Goods shall not be treated as forming part of the relevant quota if customs duty would not otherwise be chargeable.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
Tim Eggar
Minister for Energy,
Department of Trade and Industry
30th December 1993