text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question. until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
i
“the deposited plan” means the plan folio numbered PSE/O/A27/4E/65/2/3 marked “The A27 Trunk Road (Patching Junction Im provement Slip Roads) 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, which folio contains a site plan marked “Junction at Clapham Common”;
ii
“the main new trunk road” means the highway along the route described in the Schedule to “The A27 Trunk Road (Patching Junction Improvement) Order 1993” which is to be constructed as a trunk road by the Secretary of State in pursuance of that Order; and
iii
“the trunk road” means the A27 Trunk Road.
5
This Order shall come into force on 25th June 1993 and may be cited as The A27 Trunk Road (Patching Junction Improvement Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
10th May 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwynedd Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Gwynedd Hospitals 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 Gwynedd Hospitals 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 Ysbyty Gwynedd, Bangor, Gwynedd LL57 2PW and associated hospitals;
b
to manage community health services provided from Ysbyty Gwynedd, Bangor, Gwynedd LL57 2PW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Gwynedd 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
Gwynedd 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 Gwynedd Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
19th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Amendment Regulations 1993 and shall come into force on 31st March 1993.
2
In these Regulations “the Subsidy Regulations ” means the Housing Benefit and Community Charge Benefit (Subsidy) Regulations 1991 .
Amendment of the Schedule to the Subsidy Regulations
2
In the Schedule to the Subsidy Regulations (prescribed particulars relating to claims for Housing Benefit and Community Charge Benefit subsidy for the relevant year) after paragraph 23 there shall be added the following paragraphs —
24
1
The total number of benefit weeks and of overrun weeks, if any, in the relevant year, in the case of —
a
rent rebates;
b
rent allowances; and
c
community charge benefits,
respectively.
2
In sub-paragraph (1) above “benefit week” shall have the same meaning as in the 1987 Regulations and “overrun week” shall have the same meaning as in Schedule 4 to the Housing Benefit and Community Charge Benefit (Subsidy) Order 1993 .
25
1
The average rent payable in respect of Category 1 dwellings and Category 2 dwellings respectively on the second relevant date and the third relevant date.
2
The average rent payable by Category A tenants and Category B tenants respectively on the first relevant date and second relevant date.
3
In sub-paragraph (1) and (2) above the expressions “Category A tenant”, “Category B tenant”, “Category 1 dwelling”, “Category 2 dwelling”, “first relevant date”, “second relevant date” and “third relevant date” shall have the same meanings as in article 6(5) of the Housing Benefit and Community Charge Benefit (Subsidy) Order 1993.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1993


text:
1
This Order may be cited as the Combined Probation Areas (Dorset) 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 Dorset Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Blandford and Sturminster, Bournemouth, Bridport, Christchurch, Dorchester, Shaftesbury, Sherborne, Wareham and Wimborne; and
b
inserting in alphabetical order in column 1
i
“Bournemouth and Christchurch” and corresponding to that in column 3 “7”,
ii
“Central Dorset” and corresponding to that in column 3 “4”, and
iii
“West Dorset” and corresponding to that in column 3 “3”.
3
The seven members of the Dorset Probation Committee appointed before 1st January 1994 by the justices for the petty sessions areas of Bournemouth and Christchurch shall continue in office as if they had been appointed by the justices for the new petty sessions area of Bournemouth and Christchurch .
4
The four members of the Dorset Probation Committee appointed before 1st January 1994 by the justices for the petty sessions areas of Blandford and Sturminster, Shaftesbury, Wareham and Wimborne shall continue in office as if they had been appointed by the justices for the new petty sessions area of Central Dorset.
5
The three members of the Dorset Probation Committee appointed before 1st January 1994 by the justices for the petty sessions areas of Bridport, Dorchester and Sherborne shall continue in office as if they had been appointed by the justices for the new petty sessions area of West Dorset.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Oxfordshire Community Health 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 Oxfordshire Community Health 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 Abingdon Community Hospital, Marcham Road, Abingdon, Oxon OX14 1AG and associated hospitals;
b
to manage community health services provided from Radcliffe Infirmary, Woodstock Road, Oxford OX2 6HE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Oxfordshire 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 Oxfordshire 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 Oxfordshire 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 North Wales Ambulance National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means North 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 North 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, Preswylfa, Hendy Road, Mold, Clwyd CH7 1PZ and Ambulance Headquarters, Bodfan, Eryri Hospital, Caernarfon, Gwynedd LL55 2YE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Clwyd and Gwynedd 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
Clwyd 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 Clwyd and Gwynedd 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.
John Redwood
Secretary of State for Wales
19th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Inspection) (No.2) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
In these Regulations “ the Regulations ” means the Education (School Inspection) (No.2) Regulations 1993 .
Amendment of Regulations
2
1
Regulation 7 of the Regulations is amended as follows.
2
In paragraph (3), after the words “appropriate authority”, for “is” there is substituted “are”, and in sub-paragraph (a) for the words “when the inspector reported to them” there are substituted the words “on which they receive the report”.
3
For paragraphs (4) and (5) there are substituted the following paragraphs —
4
For the purposes of paragraph 10(3) and (4) of Schedule 2 to the 1992 Act and section 210(3) and (4) of the 1993 Act there is prescribed, as the period within which the appropriate authority are to distribute in accordance with those enactments copies of an action plan prepared by them, —
a
in the circumstances referred to in paragraph (3)(a), five working days from the date on which the appropriate authority complete the preparation of the action plan; and
b
in the circumstances referred to in paragraph (3)(b), two days from the date on which the appropriate authority complete the preparation of the action plan or forty-two days from the date on which they receive the report, whichever first occurs.
5
Where an action plan has been prepared by the appropriate authority they shall send copies of it (in addition to the persons mentioned in paragraph 10(3) and (4) of Schedule 2 to the 1992 Act or subsections (3) and (5), or (3) to (5), of section 210 of the 1993 Act, as the case may be) as follows —
a
in all cases, to all persons employed at the school;
b
in the case of a secondary school, to the Training and Enterprise Council for the area in which the school is situated; and
c
in the case of a special school not being maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, to a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school.
.
4
In paragraph (6) for the words following the words “the period of” there are substituted the following sub-paragraphs —
a
ten days from the date on which they receive a copy of the action plan in respect of the school in question; or
b
fifty-two days from the date on which the appropriate authority for the school receive the report of the inspection; whichever first occurs.
.
3
In regulation 12(2) of the Regulations there are inserted after “if” the words “the document containing the copy of”, and after “with” the words “a document containing a copy of”.
John Patten
Secretary of State for Education
9th November 1993


text:
Citation, commencement and extent
1
1
This Order may be cited as the Iraq (United Nations) (Sequestration of Assets) (Isle of Man) Order 1993 and shall come into force on 5th July 1993.
2
This Order shall extend, as part of the law thereof, to the Isle of Man only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings respectively assigned to them, that is to say —
“the Banking Act ” means the Banking Act 1975 (an Act of Tynwald);
“ the Commission ” means the Financial Supervision Commission of the Isle of Man;
“the Companies Act ” means the Companies Act 1931 (an Act of Tynwald);
“competent authority” means any authority responsible for securing compliance with or detecting evasion of the resolution in any country;
“ ECUs ” means European Currency Units being units of account defined in Council Regulation ( EEC ) No.3180/78, as amended ;
“the escrow account” means the account provided for in the resolutions of the Security Council of the United Nations numbered 706 and 712 and adopted on 15th August 1991 and on 19th September 1991 respectively;
“funds” means any currency and any amount denominated in ECUs and includes any right to receive currency in respect of any credit or balance at a bank;
“ H.M. Treasury ” means the Commissioners of Her Majesty’s Treasury;
“Iraqi person” means
the Government of Iraq;
any body which is capable of suing and being sued and the functions of which are carried on for the purposes of the Government of Iraq or subject to its direction or approval, but which is distinct from the executive organs of the Government of Iraq;
any body wherever incorporated or constituted, which is controlled by the Government of Iraq; and
any person or body who is acting on behalf of any of the above-mentioned persons;
“petroleum” means a naturally occurring mixture including hydrocarbons;
“petroleum products” means any products, other than chemicals, which may be obtained by primary distillation or secondary refining from petroleum and includes natural gas, petroleum ether, solvents, benzene, naphtha, motor spirits (including aviation spirit), kerosenes (including jet fuel), heavy oils, fuel oils, lubricating oils, greases, petroleum jelly, paraffin wax and asphaltic bitumen;
“relevant institution” means
any banking institution licensed by the Commission under the Banking Act; and
any person exempted from any provision of the Banking Act by virtue of regulations under section 1(4) of that Act;
“relevant transaction” means the sale of Iraqi petroleum or petroleum products, paid for by or on behalf of the purchaser on or after 6th August 1990;
“the resolution” means the resolution of the Security Council of the United Nations numbered 778 and adopted on 2nd October 1992;
“the Secretary General ” means the Secretary General of the United Nations;
“ the Treasury ” means the Isle of Man Treasury, a department of the Government of the Isle of Man;
“vehicle” means a land transport vehicle and includes a barge engaged in inland navigation;
“vessel” has the meaning it bears in the Export of Goods (Control) Order 1992 .
2
Any reference in this Order to funds being held by any person extends to funds held in any capacity recognised by the law of the Isle of Man and any reference to funds to which an Iraqi person is entitled extends to funds to which such a person is entitled under the law of the Isle of Man but shall not extend to funds in relation to which the entitlement of such a person is in issue in legal proceedings in the Isle of Man or in any other jurisdiction.
Obtaining of evidence and information
3
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Treasury, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order or of giving effect to a request received from the Secretary General or the Government or competent authority of another country in accordance with paragraph 1(3) of that Schedule and in order to facilitate the obtaining, by or on behalf of the Treasury, of evidence of the commission of an offence under this Order.
Investigations by the Financial Supervision Commission
4
1
In the exercise of the powers to obtain evidence and information described in the Schedule to this Order the Treasury may authorise the Commission to serve a notice in writing on a relevant institution requesting it to furnish to the Commission, within such period as may be specified therein, any information in its possession or control, and to produce to the Commission any document in its possession or control, concerning any time on or after 6th August 1990 —
a
relating to any funds held by the relevant institution which it knows, believes or suspects are funds to which an Iraqi person is entitled; or
b
required to enable the Commission to ascertain whether funds held by it are funds to which an Iraqi person is entitled; or
c
relating to any funds held by the relevant institution to which an Iraqi person is entitled which it knows, believes or suspects represent amounts derived from or attributable to a relevant transaction; or
d
required to enable the Commission to ascertain whether any funds held by it to which an Iraqi person is entitled represent amounts derived from or otherwise attributable to a relevant transaction.
2
Without prejudice to the generality of the foregoing, a notice may request the furnishing of information or the production of documents concerning the balance on an account held with a relevant institution at any time on or after 6th August 1990, any transactions on the account on or after 6th August 1990 and the names of the drawers and holders of cheques in respect of monies credited to and debited from the account together with the names of the paying or collecting institutions, the numbers of the relevant accounts in other institutions to or from which payments have been credited or debited and the names of the persons by whom such accounts are held.
3
A notice may be given under paragraph (1) above to relevant institutions individually or to particular classes of relevant institutions.
Investigations by the Treasury
5
In the exercise of the powers to obtain evidence and information described in the Schedule to this Order the Treasury may serve a notice in writing on any person requesting him to furnish to the Treasury any information in his possession or control or to produce to the Treasury any document in his possession or control within such period as may be specified therein —
a
concerning any petroleum or petroleum products which that person knows, believes or suspects to be held in the Isle of Man by an Iraqi person, or to which an Iraqi person is entitled; or
b
required to enable the Treasury to ascertain whether any petroleum is or petroleum products are held in the Isle of Man by an Iraqi person, or whether an Iraqi person is entitled to any such petroleum or petroleum products.
Ascertainment of Entitlement to Funds
6
1
Where the Treasury considers, after consultation with the Commission, that a relevant institution holds funds to which an Iraqi person is entitled representing amounts which may be derived from or otherwise attributable to a relevant transaction it may require the Commission —
a
by notice in writing to invite that institution and, if different, the Iraqi person, to make representations to the Commission in writing concerning the entitlement to or the source of the funds within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and to state that if the institution or person so requests, it or he shall be afforded an opportunity of being heard by the Commission; and
b
to publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who disputes the Iraqi person’s entitlement to the funds to make representations to the Commission in writing concerning the entitlement of any person to the funds within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded the opportunity of being heard by the Commission.
2
Where the Treasury considers that any person who is not a relevant institution holds funds to which an Iraqi person is entitled representing amounts which may be derived from or otherwise attributable to a relevant transaction it may —
a
by notice in writing invite any such person who is not a relevant institution and the Iraqi person to make representations to it in writing concerning the entitlement to or the source of the funds within such period of not less than 21 days beginning with the day on which the notice is given as may be specified in the notice and state that, if any person so requests, he shall be afforded an opportunity of being heard by the Treasury; and
b
publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who disputes the Iraqi person’s entitlement to the funds to make representations to them in writing concerning the entitlement to the funds within such period of not less than 21 days beginning with the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded the opportunity of being heard by the Treasury.
3
After considering any representations made by any relevant institution or person in writing and any evidence submitted before or given at a hearing following the giving of notice under paragraph (1) above the Commission shall provide the Treasury with copies of such representations, a record of the evidence submitted before or given at the hearing and its assessment of whether a relevant institution holds funds to which an Iraqi person is entitled representing amounts which are derived from or otherwise attributable to a relevant transaction.
Ascertainment of Entitlement to Petroleum and Petroleum Products
7
Where the Treasury considers that petroleum or petroleum products to which an Iraqi person is entitled is or are held in the Isle of Man it may —
a
by notice in writing invite the person holding the petroleum or petroleum products, and, if different, the Iraqi person, to make representations to it in writing concerning the entitlement of any person to the petroleum or petroleum products within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury; and
b
publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who disputes the Iraqi person’s entitlement to the petroleum or petroleum products to make representations in writing to it concerning the entitlement of any person to it or them within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
Ascertainment of Third Party Rights with respect to Funds
8
1
Where the Treasury is satisfied that funds to which an Iraqi person is entitled held by a relevant institution represent amounts which are derived from or otherwise attributable to a relevant transaction it may, for the purpose of ascertaining whether such funds may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, require the Commission to publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who considers that the funds or any part thereof are subject to or required to satisfy such rights to make representations in writing to it within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Commission.
2
Where the Treasury is satisfied that funds held by any person who is not a relevant institution to which an Iraqi person is entitled represent amounts which are derived from or otherwise attributable to a relevant transaction it may, for the purpose of ascertaining whether such funds may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who considers that the funds or any part thereof are subject to or required to satisfy such rights to make representations in writing to it within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
3
No notice shall be given under paragraph (1) or (2) above until the Treasury has notified its decision under article 15(1) to the relevant institution or to any other person holding funds to which the decision applies and to any other person who made representations to the Commission or the Treasury under article 6(1) or (2).
4
Following consideration of any representations made by any person in writing and any evidence submitted before or given at a hearing following the giving of notice under paragraph (1) above, the Commission shall provide the Treasury with copies of such representations, a record of the evidence submitted before or given at the hearing and its assessment of whether any funds described in paragraph (1) above may be subject to or required to satisfy the rights of any third party at the time of the adoption of the resolution.
Ascertainment of Third Party Rights with respect to Petroleum or Petroleum Products
9
1
Where the Treasury is satisfied that an Iraqi person is entitled to petroleum or petroleum products in the Isle of Man it may, for the purpose of ascertaining whether such petroleum or petroleum products may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who considers that the petroleum or petroleum products or any part thereof is or are subject to or required to satisfy his rights to make representations in writing to it within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
2
No notice shall be given under paragraph (1) above until the Treasury has notified its decision under article 16(1) to any person holding petroleum or petroleum products to which the decision applies and to any other person who has made representations to the Treasury under article 7.
Scope of Third Party Rights
10
1
For the purposes of this Order and without prejudice to the existence of third party rights in other circumstances, but subject as provided in paragraph (2) below —
a
a person claiming to be a creditor of a company which is an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled —
i
by virtue of having proved a debt after the company has passed a resolution for voluntary winding-up as described in section 214 of the Companies Act; or
ii
by virtue of having proved a debt after a winding-up order has been made against the company under section 165 of the Companies Act; or
iii
where a provisional liquidator has been appointed in respect of the company under section 178 of the Companies Act, by virtue of being a person who would have been eligible to prove a debt had the company passed a resolution for voluntary winding-up as described in sub-paragraph (a)(i) above or had a winding-up order made against it as described in sub-paragraph (a)(ii) above on the date when the provisional liquidator was appointed;
b
a person claiming to be a creditor of a partnership which is an Iraqi person and is the subject of a winding-up order against it, whether under Part X of the Companies Act or otherwise shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt after the order or award was made;
c
a person claiming to be a creditor of an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt after an adjudication order has been made in respect of that person under the Bankruptcy Code 1892 (an Act of Tynwald).
2
Where the Treasury has reason to believe or to suspect that, notwithstanding the application of one of the conditions described in paragraph (1) above, a person claiming to be the creditor of an Iraqi person does not or may not have rights as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled it shall examine all the relevant facts before reaching a conclusion on the existence of third party rights in the circumstances.
3
A person shall not be treated as having rights as a third party to funds or to petroleum or petroleum products unless —
a
his rights are contingent on an Iraqi person’s entitlement to the funds or, as the case may be, to the petroleum or petroleum products; and
b
he is not an Iraqi person.
Date and Notification of Hearings
11
1
The Commission or the Treasury, as the case may be, shall give no less than 28 days' notice to any person who has requested a hearing following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1) of the date, time and place fixed for the hearing unless that person agrees to a lesser period of notice being given.
2
The Commission or the Treasury may vary the date, time and place fixed for the hearing and shall give such notice of any such variations as appears to it to be reasonable.
Documents and Other Evidence
12
1
A person intending to appear at a hearing following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1) shall send a copy of any documents to which he proposes to refer at the hearing and any proof of evidence which he proposes to read or have read by a witness at the hearing to the Commission or the Treasury, as the case may be, not later than 14 days before the date fixed for the hearing.
2
The Commission or the Treasury, as the case may be, shall send a copy of any document or proof of evidence received from a person intending to appear at a hearing to such other persons intending to appear at a hearing as in its view have an interest in the contents thereof.
Procedure at Hearings
13
1
A hearing following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1) shall be conducted by the Commission or the Treasury, as the case may be, who shall, subject as provided in this article, determine the procedure at the hearing.
2
A hearing shall be conducted in private.
3
The Commission or the Treasury, as the case may be, may hold a single hearing following the giving of notice under article 6(1) or (2) or article 7 or, if relevant, under article 8(1) or (2) or article 9(1) in relation to all the issues arising in connection with particular funds or petroleum or petroleum products or may hold separate hearings at which specific persons or classes of person concerned with particular funds or petroleum or petroleum products may appear.
4
At a hearing a person may appear on his own behalf or be represented by an advocate or any other person, and may give or produce oral and written evidence and may cross-examine any other person appearing at the same hearing and any witnesses produced by any such person.
5
The Commission or the Treasury, as the case may be, may take into account any document or any other written evidence received by it from any person intending to appear at a hearing before a hearing is held or during the hearing provided that it discloses it to such other persons intending to appear at or appearing at the hearing as in its view have an interest in the contents thereof.
6
The Commission or the Treasury, as the case may be, may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
Procedure following Hearings and Assessments
14
1
If, following the receipt by the Treasury from the Commission of the evidence and assessment referred to in articles 6(3) and 8(4) the Treasury —
a
differs from the Commission on any matter of fact mentioned in, or appearing to them to be material to, an assessment made by the Commission, or
b
takes into consideration any new evidence or new matter of fact,
and is for that reason disposed to disagree with an assessment made by the Commission, it shall not reach a decision which is at variance with that assessment without first notifying the persons who made written representations or who appeared at a hearing following the giving of notice under article 6(1) or 8(1) of its disagreement and the reasons for it, and affording to them an opportunity of making written representations to the Treasury within 21 days beginning on the date of the notification, or (if the Treasury has taken into consideration any new evidence or new matter of fact) of asking within that period for a hearing or a further hearing, as the case may be, to be held.
2
The Treasury shall require the Commission to cause a hearing or a further hearing to be held where the Treasury has taken into consideration any new evidence or new matter of fact and is for that reason disposed to disagree with an assessment made by the Commission if so asked by a person who made written representations or who appeared at a hearing as described in paragraph (1) above; and where a hearing or a further hearing is held the Treasury shall require the Commission to send to such persons a written statement of the matters with respect to which further evidence is invited.
3
Where a hearing has been held following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1), the Treasury may, if it thinks fit, cause or require a further hearing to be held to afford an opportunity for persons to be heard on such matters relating to the subject matter of the hearing as it may specify.
4
Where a further hearing is held under paragraph (3) above, the Treasury shall send, or, in the case of a hearing held by the Commission, the Treasury shall require the Commission to send, to the persons who made written representations or appeared at the previous hearing following the giving of notice as described in paragraph (3) above a written statement of the specified matters.
5
Where a further hearing is held under paragraph (2) or (3) above, articles 6(3), 8(4), 11, 12 and 13 shall apply as if the references to a hearing were references to a further hearing.
Decisions and Directions with respect to Funds
15
1
The Treasury shall notify any relevant institution or other person and any other person who made representations or gave evidence to the Commission or to it following the giving of notice under article 6(1) or (2) whether it is satisfied that the institution or other person holds funds to which an Iraqi person is entitled representing amounts derived from or otherwise attributable to a relevant transaction and of the reasons for its decision.
2
Subject to paragraph (3) below, where the Treasury is satisfied that a relevant institution or other person holds funds as described in paragraph (1) above, the Treasury may direct it or him to remit the funds or equivalent amounts to the escrow account within such period and in such manner as may be specified.
3
A direction by the Treasury under paragraph (2) above shall not extend to any funds to which an Iraqi person is, or where sub-paragraph (a) below applies was, entitled representing amounts which the Treasury is satisfied were derived from or otherwise attributable to a relevant transaction and which it is satisfied —
a
had been paid to any person as the supplier of products which were the subject of a relevant transaction or to a person otherwise having a right to receive them at the time of adoption of the resolution; or
b
were subject to or required to satisfy the rights of any third party at the time of adoption of the resolution.
4
The Treasury shall notify any person who made representations or gave evidence to the Commission or to it following the giving of notice under article 8(1) or (2) whether it is satisfied that funds to which an Iraqi person is entitled representing amounts derived from or otherwise attributable to a relevant transaction are subject to or required to satisfy any rights of a third party at the time of adoption of the resolution and of the reasons for its decision.
5
A direction by the Treasury under paragraph (2) above may be given at the time of notification of its decision under paragraph (1) above or at the time of or following notification of its decision under paragraph (4) above.
6
Where the Treasury is satisfied that funds in an account held with a relevant institution to which an Iraqi person is entitled include amounts derived from or otherwise attributable to a relevant transaction, and that funds have been withdrawn from the account between the date of the relevant transaction and the date of the decision under paragraph (2) above with permission granted by or on behalf of HM Treasury under the Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 , the Treasury may give a direction in relation to such a proportion of the funds remaining in the account as is equivalent to the proportion which the funds derived from or otherwise attributable to a relevant transaction bore to the total funds in the account immediately before the date of the withdrawal or, if more than one, the first withdrawal.
Decisions and Directions with respect to Petroleum or Petroleum Products
16
1
The Treasury shall notify any person holding petroleum or petroleum products, and any other person, who made representations or gave evidence to it following the giving of notice under article 7 whether it is satisfied that an Iraqi person is entitled to it or them and of the reasons for its decision.
2
Subject to paragraph (3) below, where the Treasury is satisfied that an Iraqi person is entitled to petroleum or petroleum products in the Isle of Man it may direct the person holding it or them to sell the petroleum or petroleum products and to remit the proceeds of sale to the escrow account within such period and in such manner as the Treasury may specify.
3
A direction by the Treasury under paragraph (2) above shall not extend to any petroleum or petroleum products in the Isle of Man to which an Iraqi person is entitled which the Treasury is satisfied was or were subject to or required to satisfy the rights of any third party at the time of adoption of the resolution.
4
The Treasury shall notify any person who made representations or gave evidence to it following the giving of notice under article 9(1) whether it is satisfied that petroleum or petroleum products in the Isle of Man to which an Iraqi person is entitled are subject to or required to satisfy any third party rights at the time of adoption of the resolution and of the reasons for its decision.
5
A direction by the Treasury under paragraph (2) above may be given at the time of notification of its decision under paragraph (1) above or at the time of or following notification of its decision under paragraph (4) above.
Disclosure of Assessments and Reasons for Decisions
17
1
The Treasury shall not be required to give reasons for its conclusions under article 14(1) or its decisions under article 15(1) or (4) or under article 16(1) or (4) to the extent that to do so would involve the disclosure of information obtained under the Schedule to this Order contrary to the provisions of that Schedule.
2
The Treasury shall not be required to give reasons for its conclusions under article 14(1) or its decisions under article 15(1) or 16(1), to the extent that to do so would in its opinion be likely to cause damage to national security.
3
Where the Commission has so consented, the Treasury may–
a
in giving reasons for its decision under article 15(1) disclose extracts from or the entirety of the Commission’s assessment obtained under article 6(3); and
b
in giving reasons for its decision under article 15(4) disclose extracts from or the entirety of the Commission’s assessment obtained under article 8(4).
4
No assessment obtained from the Commission under article 6(3) shall be disclosed by the Treasury when notifying a decision under article 15(4).
Compliance with Directions
18
1
A relevant institution or any other person to whom a direction has been given under article 15(2) or article 16(2) shall, within 7 days of the expiry of the period specified for compliance or of the date of compliance, if earlier, notify the Treasury and the Commission or, as the case may be, the Treasury in writing of having complied with the direction and shall provide the Treasury and the Commission or, as the case may be, the Treasury with such evidence of compliance as they or it may require within 7 days of being required to provide it.
2
Where a person has not complied with a direction under article 16(2) withinthe period specified for compliance, the Treasury may direct that person to deliver thepetroleum or petroleum products, to which the direction under article 16(2) related, to the Treasury at such time and in such manner as it may specify.
3
On delivery to it of the petroleum or petroleum products pursuant to a direction under paragraph (2) above the Treasury may sell it or them at such time and in such manner as it thinks fit and may remit the proceeds of sale to the escrow account.
4
A relevant institution or other person to whom a direction has been given under article 15(2) or article 16(2) may deduct from the amount transferred to the escrow account such sum in respect of its or his costs in complying with the direction of the Treasury as the Treasury may before the date of the transfer certify as appropriate.
Maintenance of Accounts and Preservation of Existing Rights
19
1
A person who holds an account at a relevant institution, and a relevant institution with which an account is held from which a transfer of an amount has been made pursuant to a direction of the Treasury under article 15, shall not close the account pending any retransfer of the amount transferred or any part of it under article 20.
2
Any costs or expenses which may be incurred consequent on the continuing operation of the account pursuant to paragraph (1) above shall be the liability of the person by whom the account is held unless the relevant institution agrees otherwise with that person.
3
Notwithstanding the foregoing, a relevant institution may restrict access to an account described in paragraph (1) above to any lawful extent.
4
Nothing in this Order shall affect any rights, liabilities or claims existing with respect to amounts transferred to the escrow account under article 15 or 16 prior to the date of their transfer.
Restitution
20
1
If the Secretary General at any time pursuant to the resolution remits an amount representing the amount of any payment into the escrow account under article 15 or 16, together with any interest which may be determined to be applicable, to the Government of the United Kingdom, the Secretary of State or HM Treasury shall transfer the amount to the Treasury, which shall take such measures as may be necessary to arrange for the amount to be transferred forthwith to any relevant institution by which, or to any person by whom, an amount was remitted to the escrow account to replace any such amount.
2
The Treasury may apportion any amount remitted by the Secretary General as described in paragraph (1) above which does not represent the total of any payments into the escrow account under article 15 or 16 as it considers appropriate between relevant institutions and other persons by whom amounts have been remitted.
3
The Treasury may pay to any person described in paragraph (4) below any amount remitted by the Secretary General as described in paragraph (1) above which it considers appropriate to transfer to a relevant institution or other person by which or by whom an amount was remitted to the escrow account, where the relevant institution or other person —
i
has passed a resolution for voluntary winding-up or has had a winding-up order made against it at a time when it has not already gone into liquidation by passing such a resolution; or
ii
is the subject of an order under section 178 of the Companies Act appointing a provisional liquidator; or
iii
is a partnership which has been dissolved by order under section 37 of the Partnership Act 1909 (an Act of Tynwald) or has had a winding-up order made against it whether under Part X of the Companies Act or otherwise or is a dissolved partnership which has had an order of adjudication under the Bankruptcy Code 1892 (an Act of Tynwald) made against any of the partners; or
iv
is the subject of an order of adjudication under the said Code; or
v
has otherwise ceased to exist; or
vi
is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1974 (an Act of Tynwald) of managing and administering his property and affairs; or
vii
has died; or
viii
has ceased to exercise the functions by virtue of which he or it held the funds subject to a direction under article 15(2) or 16(2); or
ix
cannot be traced.
4
Where paragraph (3) above applies, the Treasury may pay any relevant amount to a person who appears to it to be —
a
the person responsible for administering the assets and liabilities of the relevant institution or person; or
b
the person to whom probate or letters of administration have been granted by a court in the Isle of Man or in respect of whom they have effect as if so granted; or
c
a person entitled to take out probate of the will of a deceased person or letters of administration to his estate; or
d
the successor of the relevant institution or person; or
e
the person appointed to act on behalf of the person from whom an amount was transferred pursuant to a direction under article 15(2) or 16(2).
5
Where the Treasury decides that there is no person of a description in paragraph (4) above it shall deposit the relevant amount including any interest in an interest-bearing account with its bankers and may release that amount or any part of it together with any interest accruing from the date of that deposit to any Iraqi person or any other person who establishes to the satisfaction of the Treasury that he is entitled to receive it and the receipt of such a person shall be a valid discharge to the Treasury for the amount paid.
6
Where any amounts are paid to a relevant institution or to any other person by the Secretary General pursuant to the resolution, or are so paid by the Treasury under paragraph (1), (4) or (5) above, they shall be treated for all purposes as subject to any rights, liabilities and claims subsisting at the date of the transfer under article 15 or 16.
7
An amount transferred under this article to a relevant institution or to any person shall not be subject to interest in respect of any period between the date of the transfer under article 15 or 16 and —
a
the date of the transfer under paragraph (1) above to the relevant institution by which, or to the person by whom, an amount was remitted to the escrow account; or
b
the date of any payment under paragraph (4) above; or
c
the date on which an amount is deposited by the Treasury in an interest-bearing account with its bankers under paragraph (5) above following a decision that there is no person of a description in paragraph (4) above.
Disapplication of Existing Obligations and Restrictions and Exclusion of Liability
21
1
Any requirement imposed on a relevant institution or any other person under this Order shall have effect notwithstanding —
a
any obligation as to secrecy or other restriction, whether imposed by statute or otherwise, upon the disclosure of information subject to or affected by the requirements imposed under this Order except as provided in paragraph 1(2) of the Schedule to this Order; and
b
any obligation, restriction or immunity, whether imposed or conferred by statute or otherwise, in relation to any property subject to or affected by the requirements imposed under this Order.
2
No relevant institution or other person shall be liable in respect of any action taken pursuant to powers conferred by this Order or in compliance with duties imposed under it.
Offences, Penalties and Proceedings
22
1
Any person who fails without reasonable excuse to comply with a direction given to him under article 15(2) or article 16(2) within the period and in the manner specified therein or who fails without reasonable excuse to comply with a direction given to him under article 18(2) at the time and in the manner specified shall be guilty of an offence and shall be liable —
a
on conviction on information to imprisonment for a term not exceeding five years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under paragraph 6(b) or (d) of the Schedule to this Order shall be liable —
a
on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person who fails without reasonable excuse to notify the Treasury and the Commission or, as the case may be, the Treasury of compliance with a direction under article 15(2) or 16(2) or to provide the evidence of compliance required by them or it under article 18(1) shall be guilty of an offence and shall be liable —
a
on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person guilty of an offence under paragraph 6(a) or (c) of the Schedule to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Any person who without reasonable excuse deducts from an amount transferred to the escrow account in compliance with a direction given to him under article 15(2) or article 16(2) any sum which has not been certified by the Treasury under article 18(4) as being properly deductible shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Any person who without reasonable excuse closes an account described in article 19(1) pending a transfer under article 20 of the amount remitted or any part of it shall be guilty of an offence and shall be liable on summary conviction to a fine not exceedinglevel 5 on the standard scale.
7
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction in the Isle of Man may be heard if it is made at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
9
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (8) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
10
Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man.
11
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by, or with the consent of, the Attorney General for the Isle of Man:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of Powers of the Treasury
23
The Treasury may to such extent, and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers under this Order (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Order to the Treasury shall be construed accordingly.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Vocational Training (Tax Relief) (Amendment No.2) Regulations 1993 and shall come into force on 1st January 1994.
2
In the Vocational Training (Tax Relief) Regulations 1992 , in regulation 4(4), after sub-paragraph (c) there shall be inserted —
ca
at the time the training payment was made, he had attained school-leaving age and, if under the age of nineteen, was not a person who was being provided with full-time education at a school,
cb
he has undertaken, or is undertaking, the course neither wholly nor mainly for recreational purposes or as a leisure activity,
.
L.J.H. Beighton
C.W. Corlett
Two of the Commissioners of Inland Revenue
10th December 1993


text:
Citation and commencement
1
1
This Order may be cited as the Grampian 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 the Grampian Region shall be abolished and the said Region shall be divided into fifty-seven 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 Grampian Region (Electoral Arrangements) Order 1978( ) is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
16th April 1993


text:
1
The M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) and Connecting Roads Scheme 1988 (hereinafter referred to as “the Scheme of 1988”) is amended as follows: —
1
After sub-paragraph (i) in article 5(2) is inserted the following sub-paragraph —
i)A
“the second deposited plan” means the plan folio numbered HA16/1 CNW315 marked “The M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) and Connecting Roads Scheme 1988 Amendment Scheme 1993” containing one key plan and one scheme plan numbered 2A, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
.
2
For paragraphs 4 and 5 in Schedule 2 are substituted the following paragraphs: —
Junction with Manchester Road/Oldham Road (A62) at Hollinwood
4A
One route to connect the northbound carriageway of the motorway with the Manchester Road/Oldham Road (A62) (as proposed to be improved by the Secretary of State pursuant to the 1989 Order, as varied), the special road along this route being given the reference number 8 on Scheme Plan No. 2 in the deposited plan.
Two routes to connect the southbound carriageway of the motorway with the Manchester Road/Oldham Road (A62) (as proposed to be improved by the Secretary of State pursuant to the 1989 Order, as varied), the special roads along these routes being given respectively the reference numbers 9 and 15 on the Scheme Plan in the second deposited plan.
In this paragraph, “the 1989 Order, as varied” means the M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) and Connecting Roads (Side Roads) Order 1989 as varied by the M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) and Connecting Roads (Side Roads) Variation Order No. 2 1993.
Junction with A663 Broadway
4B
One route to connect the northbound carriageway of the motorway with an all-purpose road (to be constructed by the Secretary of State pursuant to the number 3 Order) between Hollinwood Avenue (A6104) and the A663 Broadway (as proposed to be improved by the Secretary of State pursuant to the number 3 Order), the special road along this route being given the reference number 10 on Scheme Plan No. 2 in the deposited plan.
Two routes to connect the northbound and southbound carriageways of the motorway with the A663 Broadway (as proposed to be improved by the Secretary of State pursuant to the number 3 Order), the special roads along these routes being given respectively the reference numbers 11 and 12 on the Scheme Plan in the second deposited plan.
Junction with a proposed all-purpose road to connect the motorway with A663 Broadway
4C
One route to connect the southbound carriageway of the motorway with an all-purpose road at Broadway to be constructed by the Secretary of State pursuant to the M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) A663 Broadway All-Purpose Connecting Roads Order 1993) leading to the A663 Broadway (the special road along this route being given the reference number 16 on the Scheme Plan in the second deposited plan).
Junction with Manchester New Road (A664) at Alkrington
5A
Two routes to connect the northbound and southbound carriageways of the motorway with Manchester New Road (A664) at Alkrington, the special roads along these routes being given respectively the reference numbers 17 and 18 on the Scheme Plan in the second deposited Plan.
.
2
The heavy black lines respectively given the reference numbers 9, 11 and 12 on Scheme Plan No. 2 in the deposited plan, referred to in the Scheme of 1988, shall be disregarded.
3
This Scheme shall come into force on 5th March 1993 and may be cited as the M66 Motorway (Manchester Outer Ring Road, Denton to Middleton Section) and Connecting Roads Scheme 1988 Amendment Scheme 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Grade 3 Under Secretary
Department of Transport
23rd February 1993


text:
Citation and Commencement
1
This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities) (No.7) Order 1993 and shall come into force on 16th August 1993.
Designation of authorities and specification of functions
2
For the purposes of section 180(3) of the Financial Services Act 1986 and section 449(1B) of the Companies Act 1985, a person authorised by the Secretary of State under section 245C of the Companies Act 1985 is designated as an authority in relation to that person’s functions relating to the securing of compliance by companies with the accounting requirements of the Companies Act 1985.
3
In the Companies Act 1989, in section 87, in the Table of relevant authorities and functions contained in subsection (4), the following shall be inserted at the end: —
A person authorised by the Secretary of State under sections 245C of the Companies Act 1985. Functions relating to the securing of compliance by companies with the accounting requirements of that Act
.
N. Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
21st July 1993


text:
1
This Order may be cited as the Education (No. 2) Act 1986 (Amendment) Order 1993 and shall come into force on 10th December 1993.
2
Paragraph 8 of Schedule 3 to the Education (No. 2) Act 1986 shall be amended by the substitution in sub-paragraph (c) of the word “and” for the word “or” after the words “to the committee” and the substitution in sub-paragraph (d) of the word “and” for the word “or” after the words “written representations”.
John Patten
Secretary of State for Wales
27th October 1993
John Redwood
Secretary of State for Education
22nd October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insolvency Practitioners (Amendment) Regulations 1993.
2
These Regulations shall come into force on 1st April 1993.
3
In these Regulations: —
“bordereau” means a form upon which an insolvency practitioner enters certain details in relation to his appointment as insolvency practitioner in relation to a person, including the name of that person, the date of appointment, the value of the assets comprised in the estate of the person estimated in accordance with Part II of Schedule 2 to the 1990 Regulations , any increase in his estimation of the value of those assets and the date of his release or discharge from the appointment, for the purposes of evidencing those matters;
“the commencement date” means the date on which these Regulations come into force;
“the 1990 Regulations” means the Insolvency Practitioners Regulations 1990 and any regulation or Schedule referred to by number means, unless the context otherwise requires, the regulation or Schedule so numbered in the 1990 Regulations.
Amendments to 1990 Regulations
2
The 1990 Regulations shall be amended as specified in regulations 3 to 11 below.
3
1
Paragraph (2) below shall apply to any application made to a competent authority on or after the commencement date.
2
There shall be added at the end of paragraph 1 of Part I of Schedule 1 the words “or by any institution specified from time to time by Order of the Privy Council under section 76(1) of the Further and Higher Education Act 1992 or section 48(1) of the Further and Higher Education (Scotland) Act 1992 ”.
4
1
Regulations 5 to 11 of these Regulations have effect in relation to any person appointed on or after the commencement date to act as an insolvency practitioner in relation to any person.
2
Without prejudice to regulation 2(3) of the 1990 Regulations, the 1990 Regulations shall continue to apply and have effect without the amendments provided for in regulations 5 to 11 of these Regulations in relation to any person appointed to act as insolvency practitioner in relation to any person before the commencement date insofar as he continues so to act in relation to that person on or after the commencement date pursuant to that appointment or (notwithstanding paragraph (1) above) to a subsequent appointment to act as an insolvency practitioner within the scope of regulation 13 of the 1990 Regulations made on or after the commencement date.
5
Regulation 12 shall be amended as follows: —
a
in sub-paragraph (1)(b) there shall be substituted for the words “there is issued under that bond as soon as reasonably possible after the appointment of the practitioner a certificate of” the words “there is in force in relation to that bond with effect from the time when an insolvency practitioner is appointed to act in relation to any person a”;
b
in sub-paragraph (1)(c) there shall be deleted after the word “current” the words “certificate of” and there shall be substituted for the words “issued forthwith a further certificate of specific penalty in respect of the practitioner” the words “obtained by the practitioner a further specific penalty in respect of his”;
c
in paragraph (2) there shall be deleted the words “certificate of”, for the words “the certificate” there shall be substituted the words “the specific penalty” and for the word “issued” there shall be substituted the word “obtained”.
6
In regulation 13, for the words “certificate of specific penalty is issued” there shall be substituted the words “specific penalty is obtained” and for the later words “a certificate to be issued” there shall be substituted the words “a specific penalty to be obtained”.
7
There shall be substituted for regulation 14 the following: —
Inspection and retention requirements in England and Wales
14
1
Where an insolvency practitioner is appointed to act in relation to any person, he shall retain a copy of the bordereau containing the entry evidencing the specific penalty obtained by him in respect of that appointment or any further specific penalty obtained by him in respect of so acting and shall produce it on demand for inspection to any person reasonably appearing to him to be a creditor or contributory of the person to whom he has been appointed, to the person (being an individual) to whom he has been appointed, to any partner in the partnership to which he has been appointed and, where the person to whom he has been appointed is a company, to any director or other officer of the company, and to the Secretary of State.
2
The insolvency practitioner shall retain the copy of the bordereau containing the entry required to be produced under paragraph (1) above for a period of two years from the date on which he is granted his release or discharge in respect of that appointment.
3
In this regulation “company” means a company which the courts in England and Wales have jurisdiction to wind up.
8
Regulation 15 shall be amended as follows: —
a
for the existing heading there shall be substituted “Inspection and retention requirements in Scotland”;
b
in paragraph (1), there shall be substituted for the words “any certificate” to the end, the words “any bordereau containing entries in relation to his so acting”;
c
in paragraph (2), there shall be substituted for the words “any certificate” to the end, the words “any bordereau containing entries in relation to his so acting”.
9
There shall be inserted after regulation 15 the following: —
Requirement to submit bordereau to authorising body
15A
1
In respect of each calendar month, an insolvency practitioner shall submit to the authorising body, as defined in regulation 18(1), a copy of the bordereau containing particulars of:
a
any appointment during that calendar month to act as insolvency practitioner provided that, where it is not practicable to do so, such particulars may be included in a subsequent bordereau, but no later than the bordereau relating to the second month after the month of appointment;
b
any appointment to act as insolvency practitioner in respect of which, during that calendar month, he forms the opinion that the amount of the penalty sum under the current specific penalty must be increased in accordance with regulation 12(1)(c) above, provided that, where it is not practicable to do so, such particulars may be included in a subsequent bordereau, but no later than the bordereau relating to the second month after the month in which he forms the relevant opinion;
c
any appointment to act as insolvency practitioner in respect of which during that calendar month he has obtained his release or discharge, provided that, where it is not practicable to do so, such particulars may be included in a subsequent bordereau.
2
If, in respect of any calendar month, no particulars as specified in paragraph (1) above are contained in the bordereau, it shall nevertheless be supplied to the authorising body, with a statement thereon that either there are no such relevant particulars to be supplied, or that it is not practicable to supply such particulars, as the case may be.
10
Part I of Schedule 2 shall be amended as follows: —
a
in paragraph (ii) there shall be substituted for the words “fraud and dishonesty” the words “fraud or dishonesty”;
b
at the end of paragraph (ii) there shall be added the words “whether acting alone or in collusion with one or more persons, or the fraud or dishonesty of any person or persons committed with the connivance of the practitioner,”;
c
in paragraph (iii) there shall be substituted for the words “a certificate is issued by the surety accepting” the words “a bordereau is to be submitted to the surety or cautioner containing an entry completed by the practitioner evidencing the acceptance by the surety or cautioner of”.
11
Paragraph 7 of Schedule 3 shall be amended as follows: —
a
in sub-paragraph (iv)(a), there shall be substituted for the words “issue of certificate of” the words “submission to surety/cautioner of bordereau containing entry evidencing”;
b
sub-paragraph (iv)(d) shall be deleted;
c
in sub-paragraph (v)(a) there shall be inserted after the words “Date of” the words “submission to surety/cautioner of bordereau containing entry evidencing”;
d
sub-paragraph (v)(c) shall be deleted;
e
in sub-paragraph (vi), there shall be substituted for the words “surety/cautioner notified of” the words “of submission to surety/cautioner of bordereau containing entry evidencing”.
Neil Hamilton
Parliamentary Under Secretary of State for Corporate Affairs,
Department of Trade and Industry
9th February 1993


text:
1
This Order may be cited as the A4 Trunk Road (Great West Road, Hounslow) (Prescribed Routes) Order 1993 and shall come into force on 15th August 1993.
2
In this Order —
“central reserve” means that part of Great West Road which separates its two carriageways for the safety and guidance of vehicles using that road;
“Great West Road” means that length of the A4 Trunk Road in the London Borough of Hounslow known as Great West Road;
“Jersey Road”, “Lampton Road”, “Sutton Lane”, “Upper Sutton Lane” and “Vicarage Farm Road”, mean the roads of those names in the London Borough of Hounslow;
“Jersey Road traffic island” means the island site in the eastbound carriageway of Great West Road which extends westwards from its junction with Jersey Road for a distance of 18 metres;
“Sutton Lane traffic island” means the island site in the eastbound carriageway of Great West Road which extends westwards from its junction with Sutton Lane and Upper Sutton Lane (A3063) for a distance of 42 metres; and
“Vicarage Farm Road traffic island” means the island site in the westbound carriageway of Great West Road which extends eastwards from its junction with Vicarage Farm Road for a distance of 38 metres.
3
No person shall cause or permit any vehicle proceeding westbound in Great West Road to turn right into —
a
that length of Jersey Road which lies to the north of Great West Road; and
b
Upper Sutton Lane.
4
No person shall cause or permit any vehicle proceeding eastbound in Great West Road to turn right into —
a
Lampton Road; and
b
that length of Vicarage Farm Road which lies to the south of Great West Road.
5
Every person causing or permitting a vehicle to pass to the right of a traffic island specified in column 1 of the Schedule to this Order shall cause that vehicle to turn right into the length of road specified in column 2 of that Schedule.
6
No person causing or permitting a vehicle to pass to the left of a traffic island specified in column 1 of the Schedule to this Order shall cause or permit that vehicle to turn right into the length of road specified in column 2 of that Schedule.
7
No person shall cause or permit any vehicle proceeding in Great West Road to make a U-turn through the gap in the central reserve which lies opposite its junctions with Jersey Road so as to proceed in the opposite direction.
8
No person shall cause or permit any vehicle on entering Great West Road from Lampton Road to turn right.
9
Every person causing or permitting a vehicle to enter Great West Road from that length of Jersey Road which lies to the north of Great West Road shall cause that vehicle to turn left.
10
No person shall cause or permit any vehicle having entered Great West Road from that length of Jersey Road which lies to the south of Great West Road to enter that length of Jersey Road which lies to the north of Great West Road.
11
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
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
2nd August 1993


text:
1
This Order may be cited as the Value Added Tax (Beverages) Order 1993 and shall come into force on 1st December 1993.
2
Group 1 of Schedule 5 to the Value Added Tax Act 1983 shall be varied by —
a
substituting for excepted item 4 the following —
4
Other beverages (including fruit juices and bottled waters) and syrups, concentrates, essences, powders, crystals or other products for the preparation of beverages.
;
b
inserting after item 5 of the items overriding the exceptions —
5A
Milk and preparations and extracts thereof.
; and
c
substituting for item 6 of the items overriding the exceptions the following —
6
Preparations and extracts of meat, yeast or egg.
.
Timothy Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
18th October 1993


text:
Title and commencement
1
This Order may be cited as the Sea Fisheries Districts (Variation) Order 1993 and shall come into force on 20th October 1993.
Cornwall Sea Fisheries District
2
The Order made by the Board of Trade on 28th March 1890 (which created the Cornwall Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Cumbria Sea Fisheries District
3
The Order made by the Board of Trade on 21st February 1895 (which created a sea fisheries district then called “the Cumberland Sea Fisheries District” and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” in each place where they occur there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Devon Sea Fisheries District
4
The Order made by the Board of Trade on 31st March 1892 (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Eastern Sea Fisheries District
5
The Order made by the Board of Trade on 7th November 1893 (which created the Eastern Sea Fisheries District and constituted a local fisheries committee for the regulation of sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Kent and Essex Sea Fisheries District
6
The Order made by the Board of Trade on 5th May 1890 (which created the Kent and Essex Sea Fisheries District and consituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
North–Eastern Sea Fisheries District
7
The North–Eastern Sea Fisheries District Order 1986 shall be varied as follows —
a
in article 2 (Sea fisheries district) for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 2, there shall be inserted the following paragraph —
4
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Northumberland Sea Fisheries District
8
The Order made by the Board of Trade on 20th March 1890 (which created the Northumberland Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District) for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
3
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
North Western and North Wales Sea Fisheries District
9
The North Western and North Wales Sea Fisheries District Order 1986 shall be varied as follows —
a
in article 2(1) (Sea fisheries district) for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 2, there shall be inserted the following paragraph —
5
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
Southern Sea Fisheries District
10
The Southern Sea Fisheries District Order 1989 shall be varied as follows —
a
in article 2(1) (Sea Fisheries District) for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 2, there shall be inserted the following paragraph —
6
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
South Wales Sea Fisheries District
11
The Order made by the Board of Agriculture and Fisheries on 27th June 1912 (which created the South Wales Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district) shall be varied as follows —
a
in article 1 (Creation of District), for the words —
“within three nautical miles from the baselines” there shall be substituted —
“within six nautical miles from the baselines”;
b
at the end of article 1, there shall be inserted the following paragraph —
In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964 as amended by the Territorial Waters (Amendment) Order in Council 1979 .
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
19th October 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) (No.2) Regulations 1993, shall apply to Great Britain, and shall come into force on 21st December 1993.
Amendment of the Hill Livestock (Compensatory Allowances) Regulations 1993
2
Regulation 3 of the Hill Livestock (Compensatory Allowances) Regulations 1993 shall be amended by substituting for paragraphs (3) and (4) the following paragraphs —
3
Subject to regulations 3(5), 3(6) and 4, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at the following rates —
a
in the case of cows maintained by a person whose eligible land comprises solely severely disadvantaged land, #47.50 or 123 ECU per cow;
b
in the case of cows maintained by a person whose eligible land comprises severely disadvantaged land and disadvantaged land —
i
£47.50 or 123 ECU per cow up to an amount calculated by multiplying the total number of hectares of severely disadvantaged land which is available to that person in accordance with paragraph (5)(a) below or which is relevant afforested land by £81.13 and deducting from the resulting figure any allowance payable in respect of sheep maintained by that person under paragraph (4) below (other than the allowance payable at the rate of £2.44 or 18.45 ECU per ewe); and
ii
thereafter £23.75 or 123 ECU per cow;
c
in the case of cows maintained by a person whose eligible land comprises solely disadvantaged land, £23.75 or 123 ECU per cow.
4
Subject to regulations 3(5), 3(6) and 5, a compensatory allowance for sheepshall be payable in respect of the number of ewes comprised in a flock on the qualifying day at the following rates —
a
in the case of ewes of an approved breed comprised in a specially qualified flock, £5.75 or 18.45 ECU per ewe;
b
in the case of ewes not referred to in sub-paragraph (a) above maintained by a person —
i
whose eligible land comprises solely severely disadvantaged land, £3.00 or 18.45 ECU per ewe;
ii
whose eligible land comprises severely disadvantaged land and disadvantaged land, £3.00 or 18.45 ECU per ewe for a number of ewes calculated by multiplying the total number of hectares of severely disadvantaged land which is available for the maintenance of the flock in accordance with regulation 5(2)(e) or which is relevant afforested land by 6, and deducting from the resulting figure the number of ewes, if any, falling within sub-paragraph (a) above which are kept on that land, and thereafter for additional ewes £2.44 or 18.45 ECU per ewe;
iii
whose eligible land comprises solely disadvantaged land, £2.44 or 18.45 ECU per ewe.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
29th November 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
1993