text:
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) (No.2) Regulations 1993 and shall come into force on 28th July 1993.
2
The Merchant Shipping (Fees) Regulations 1991 shall be amended as follows.
3
In regulation 2(1) for the definition of “Radio Rules” there shall be substituted the following:
“ Radio Rules ” means the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 , the Merchant Shipping (Radio and Radio Navigational Equipment Survey) Regulations 1991 , the Merchant Shipping (Radio Installations) Regulations 1992 and the Merchant Shipping (Navigational Equipment) Regulations 1993 .
.
4
In regulation 4(1)(b) “and vice versa” shall be inserted after “overseas”.
5
In regulation 5(2) for “£44” there shall be substituted “£48”.
6
In the Schedule Part I, paragraph 1(2):
a
in Part C, the entry for the Merchant Shipping (Dangerous Goods) Regulations 1981 shall be deleted;
b
in Part E, in the entries for the Merchant Shipping (Life Saving Appliances) Regulations 1980 and Merchant Shipping (Life Saving Appliances) Regulations 1986 there shall be added in each case in column 3 (amended by SI ): “ 1991/1300 ”;
c
in Part F in the entry for the Fishing Vessels (Safety Provisions) Rules 1975 there shall be added in column 3: “ 1991/1342 ”;
d
in Part G, in the entry for the Merchant Shipping (Load Lines) Rules 1968 , in column 3, “ 1980/641 ” shall be omitted, and the following inserted “ 1990/2128 1991/2543 ”;
e
in Part I, the entries for the Merchant Shipping (Radio Installations) Regulations 1980 , and for the Merchant Shipping (Radio Installations Survey) Regulations 1981 shall be omitted and the following inserted at the end, in columns 1 (Title) and 2 (S.I.Number):
Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 1341 Merchant Shipping (Radio Installations) Regulations 1992 3
;
f
in Part J, the entries for the Merchant Shipping (Passenger Boarding Cards) Regulations 1988 and the Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 shall be omitted;
g
in Part L, there shall be inserted at the end, in columns 1 and 2;
Merchant Shipping (Safe Manning Document) Regulations 1992 1564
;
7
In the Schedule, in Part I, paragraph 2:
a
in sub-paragraph (1), insert after “Subject” the words “to sub-paragraph (2) below and”;
b
in sub-paragraph (2)(a)(i) for “£44” substitute “£48”;
c
in sub-paragraph (2)(a)(ii) for “£72” and “£88” substitute “£79” and “£96” respectively; and
d
sub-paragraph (b) shall be omitted.
8
In the Schedule, in Part II:
a
in paragraph 3 for the entries in the column headed “Fee” in the table the following entries shall be substituted:
£460
£720
£910
£1040
£1170
£1570
£1845
£2070
£2240
£2370
£2370 plus £305 for each 1,000 tons or part thereof by which the vessel exceeds 3,000 tons £6030 plus £200 for each 1,000 tons or part thereof by which the vessel exceeds 15,000 tons £8030 plus £160 for each 1,000 tons or part thereof by which the vessel exceeds 25,000 tons
£13,630
;
b
in paragraph 4(1)(a) for “70%” there shall be substituted “90%”;
c
for the figure of “£45” in paragraph 4(1)(b), 4(2)(b), 4(3)(b), 4(4)(b) and 4(7) there shall in each case be substituted “£49”; and
d
for paragraph 4(5) there shall be substituted the following:
a
Subject to sub-paragraph (b) below the fees to be charged for the tonnage measurement of a pleasure yacht under 13.7 metres (45 feet) in overall length in accordance with Schedule 5, Part IV and Appendix 5 of the Regulations shall not exceed £152.50.
b
Notwithstanding sub-paragraph (a) above, in addition to the fee for such ships (whether or not restricted by the figure of £152.50) there shall be charged also the costs of travelling and subsistence incurred on any visit to the ship on which travelling time of over four hours each way is involved in visiting a ship.
.
9
In the Schedule, in Part IV, in section D: —
a
in paragraph 4, there shall be substituted “certificate of proficiency” for “certificate or proficiency”;
b
in paragraph 7, for “£17” there shall be substituted “£18.50”;
c
in paragraph 9 for “Licence for” there shall be substituted “Licence of Service as”.
10
In the Schedule Part V:
a
there shall be substituted the following for paragraph 2(1):
First registry, registry anew or re-registry of a ship, or the transfer of registry of a ship from one port to another, or the transfer of registry of a ship to or from a port in a relevant overseas territory, where the ship;
does not exceed 1,500 tons £280 exceeds 1,500 tons £375
;
b
in paragraph 2(2) for “£80” there shall be substituted “£85” and for “£140” there shall be substituted “£150”.
11
In the Schedule in Part VI, there shall be substituted the following for paragraph 2:
2.Service Fees £ Additional Fees for Counter Service £
1
Registration of a vessel (including registration of a vessel whose registry has expired):
a
with full registration
138 160
b
with simple registration
104 160
2
Registration of transfer of ownership of a registered vessel
a
with full registration
69 100
b
with simple registration
52 100
3
Registration of transfer of share or shares in a registered vessel
a
one transfer
i
with full registration
69 100
ii
with simple registration
52 100
b
where more than one transfer in relation to a ship is lodged at the same occasion
two transfers
i
with full registration
84 110
ii
with simple registration
62 110
three transfers
with full registration
100 120
ii
with simple registration
70 120
four transfers
with full registration
120 130
ii
with simple registration
88 130
five or more transfers
with full registration
138 140
ii
with simple registration
104 140 *Subject to maximum of relevant registration fee
4
Renewal of registration under regulation 30 of the Merchant Shipping (Registration of Fishing Vessel) Regulations 1988
46 70
5
Change of registered vessel from simple to full registration
46 90
6
Registration of mortgage:
a
one mortgage
92 50
b
where more than one mortgage in relation to the same loan over the same ship is lodged at the same occasion —
two mortgages 173 60 three mortgages 242 70 four mortgages 299 80 five or more mortgages 345 90
7
Registration of notice of intended mortgage
23 30
8
Issue of a duplicate certificate
12 20
9
Issue of transcript of entries in the register relating to any one vessel:
a
for current entries
12 15
b
for other entries
23 20
10
Personal inspection of the register
10
11
Registration of change of name of vessel
35 80
12
Registration of change of port of registry and/or port number
35 80
13
Registration of change of measurement, tonnage or engine particulars recorded in register
35 80
Where more than one service under items 10, 11 or 12 in respect of anyone vessel are to be inspected on the same visit, the fee for the second and subsequent service(s) and the counter fee service shall be reduced by £20 each
12
In the Schedule, Part VIII (Wreck) shall be omitted.
Signed by authority of the Secretary of State for Transport 29th June 1993
Caithness
Minister of State,
Department of Transport
We consent to and approve the making of these Regulations.
Tim Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
30th June 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1993 and shall come into force on 22nd April 1993.
2
In these Regulations, unless the context otherwise requires, “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation) —
a
after the definition of “attendance allowance”, there shall be inserted:
“child support maintenance” shall be construed in accordance with section 3(6) of the Child Support Act 1991 ;
;
b
for the definition of “the Independent Living Fund” there shall be substituted:
“the Independent Living Funds” has the same meaning as in the Income Support Regulations ;
;
c
before the definition of “invalidity pension” there shall be inserted:
“invalid care allowance” means an invalid care allowance under the Contributions and Benefits Act ;
.
Amendment in relation to child support maintenance
3
After regulation 6 of the principal Regulations there shall be inserted the following regulation —
Child support maintenance
6A
1
Except in circumstances where paragraph (2) applies, any payment of child support maintenance to a resident shall not be treated as part of a resident’s income or capital for the purposes of these Regulations.
2
Where a resident is accompanied by a child and accommodation is provided for that child under Part III of the Act , any payment of child support maintenance made in respect of that child to the resident shall be treated as part of the income of the resident and Part IV of these Regulations (liable relatives) shall not apply to any such payment.
.
Amendments in relation to the calculations of income and capital
4
1
In each of the provisions to which paragraph (2) below refers, for the words “from the calculation of” there shall be substituted the words “in the calculation of”.
2
Those provisions are regulations 11(3) (calculation of net profit of self-employed earners), 14(2) (calculation of net earnings of employed earners), 15(2) (calculation of income other than earnings), and 21(2) (calculation of capital) of the principal Regulations.
Amendments in relation to payments by third parties
5
1
After paragraph (3) of regulation 16 of the principal Regulations (capital treated as income) there shall be inserted the following paragraph —
4
Any payment of capital made or due to be made to a local authority by a third party pursuant to an agreement between the local authority and the third party in connection with the liability of the resident to pay the local authority for his accommodation shall be treated as part of the income of the resident, unless it is a voluntary payment made for the purpose of discharging any arrears of payments required by the local authority from the resident for his accommodation.
2
At the beginning of paragraph (4) of regulation 17 of the principal Regulations (notional income) there shall be inserted the words “Subject to paragraph (5),”.
3
After paragraph (4) of regulation 17 of the principal Regulations there shall be inserted the following paragraph —
5
A resident shall not be treated as possessing any voluntary payment of income made by a third party to a local authority for the purpose of discharging any arrears of the payments required by the local authority from the resident for his accommodation.
4
After paragraph (7) of regulation 22 of the principal Regulations (income treated as capital) there shall be inserted the following paragraph —
8
Any voluntary payment of income made by a third party to a resident for the purpose of helping the resident to discharge any arrears of the payments required by the local authority from the resident for his accommodation shall be treated as capital of the resident.
5
In regulation 25 of the principal Regulations (notional capital), paragraph (4) is omitted.
6
In paragraph (5) of regulation 25, for the words “any of paragraphs (1), (2) or (4)”there shall be substituted the words “paragraph (1) or (2)”.
7
In paragraph 8(3)(b) of Schedule 1 to the principal Regulations (transitional provisions), for the words “in regulation 25(4)” there shall be substituted the words “in regulation 16(4)”.
Amendment in relation to the Independent Living Funds
6
In paragraph (7) of regulation 22 of the principal Regulations (income treated as capital), for the words “the Independent Living Fund” there shall be substituted the words “the Independent Living Funds”.
Amendment in relation to capital jointly held
7
In paragraph (2) of regulation 27 of the principal Regulations (capital jointly held), for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
the resident’s share shall be valued at an amount equal to the price which his interest in possession would realise if it were sold to a willing buyer (taking into account the likely effect on that price of any incumbrance secured on the whole beneficial interest), less 10 per cent and the amount of any incumbrance secured solely on the resident’s share of the whole beneficial interest; and
.
Amendment of Schedule 2 to the principal Regulations
8
1
In paragraph 1 of Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of earnings), for the words “or interrupted” there shall be substituted the words “or is interrupted”.
2
In paragraph 3(2)(a) of Schedule 2 to the principal Regulations, after the words “by way of” there shall be inserted the words “a carer premium or a”.
3
In paragraph 3(2)(b)(i) of Schedule 2 to the principal Regulations, after the words “an invalidity pension,” there shall be added the words “an invalid care allowance”.
Amendment of Schedule 4 to the principal Regulations
9
In Schedule 4 to the principal Regulations, for paragraph 2 there shall be substituted the following paragraph —
2
1
Subject to sub-paragraph (2), the value of any premises which would be disregarded under paragraph 2 or 4 of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a partner, a former partner or a relative).
2
For the purposes of sub-paragraph (1), paragraph 4 of Schedule 10 to the Income Support Regulations shall apply as if for the words “that person is aged 60 or over or is incapacitated” there were substituted the words “that partner or relative is aged 60 or over, is incapacitated or is a child whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948 (liability to maintain wife or husband and children)”
.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
31st March 1993


text:
1
These Regulations may be cited as the Community Drivers' Hours (Passenger and Goods Vehicles) (Temporary Exception) Regulations 1993 and shall come into force on 19th January 1993.
2
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport until 31st January 1993 any time spent driving to meet exceptional circumstances occasioned by severe weather conditions in Scotland or the effects or consequences of such exceptional circumstances shall not be taken into account for the purposes of the application of Articles 6, 8 or 9 of that Regulation.
John MacGregor
Secretary of State for Transport
18th January 1993


text:
Citation and commencement
1
1
This Order may be cited as the Hereford and Worcester, Warwickshire and West Midlands (County and Metropolitan Borough Boundaries) Order 1993.
2
This order shall come into force on 1st. December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a city and a metropolitan borough;
“electoral division” means an electoral division of the county to which an area is transferred by this Order ;
“Hereford and Worcester” means the County of Hereford and Worcester, and any reference to Bromsgrove is a reference to the district of that name in that county;
“the map” means one of the 13 maps prepared by the Department of the Environment, marked “Maps of the Hereford and Worcester, Warwickshire and West Midlands (County and Metropolitan Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Warwickshire” means the county of Warwickshire, except in the expression “North Warwickshire”, where it means the Warwickshire district of that name, and any reference to Stratford-on-Avon or to Warwick is a reference to the Warwickshire district of that name;
“West Midlands” means the metropolitan county of West Midlands, and any reference to Birmingham or to Solihull is a reference to the West Midlands district of that name; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred , except in the expression “parish ward” (where it means a ward of the parish to which an area is transferred), and in article 8.
Transfers between Hereford and Worcester (Bromsgrove) and West Midlands (Solihull)
3
1
The areas which are marked B and D on map 7, and I to R (inclusive) on map 8 shall be transferred from Hereford and Worcester, from Bromsgrove, and from the parish of Wythall to —
a
West Midlands;
b
Solihull;
c
the parish of Hockley Heath;
d
the Packwood ward; and to
e
the Solihull petty sessional division and the Birmingham and Solihull coroner’s district.
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from West Midlands, from Solihull, and from the parish (or, where unparished, the ward) named in column 3 to Hereford and Worcester, to Bromsgrove, to the parish of Wythall, to the parish ward, ward and electoral division named in column 4, and to the Bromsgrove petty sessional division and the North Eastern Hereford and Worcester coroner’s district.
Table
1. 2. 3. 4. Area marked — On map — Transferred from West Midlands, from Solihull, and from — To Hereford and Worcester, to Bromsgrove, to the parish of Wythall, and to —
A 6 Shirley West ward
Hollywood parish ward
Majors Green ward
Wythall electoral division
A 7 Parish of Hockley Heath
Hollywood parish ward
Majors Green ward
Wythall electoral division
C & E
A, B, C, D, E, F, G & H
A
7
8
9
Parish of Hockley Heath
South parish ward
South Wythall ward
Alvechurch electoral division
Transfers between Warwickshire (North Warwickshire) and West Midlands (Solihull)
4
1
The following areas shown on map 13 —
a
the part of the parish of Coleshill marked A; and
b
the part of the parish of Little Packington marked C —
shall be transferred from Warwickshire, and from North Warwickshire to West Midlands, to Solihull, to the parish and ward of Bickenhill, and to the Solihull petty sessional division and the Birmingham and Solihull coroner’s district.
2
The areas which are marked B, D and E on map 13 shall be transferred from West Midlands, from Solihull, and from the parish of Bickenhill to Warwickshire, to North Warwickshire, to the Coleshill South Ward, to the Coleshill electoral division, and to the Atherstone and Coleshill petty sessional division and the North Warwickshire coroner’s district. The areas marked B and D shall additionally be transferred to the parish of Little Packington, and that marked E to the parish of Great Packington.
Transfers between Warwickshire (Stratford-on-Avon) and West Midlands (Solihull)
5
1
The areas which are marked A and C on map 10 shall be transferred from Warwickshire, from Stratford-on-Avon, and from the parish of Tanworth-in-Arden to West Midlands, to Solihull, to the parish of Hockley Heath, to the Packwood ward, and to the Solihull petty sessional division and the Birmingham and Solihull coroner’s district.
2
The area which is marked B on map 10 shall be transferred from West Midlands, from Solihull, and from the parish of Hockley Heath to Warwickshire, to Stratford-on-Avon, to the parish of Tanworth-in-Arden, to the Tanworth Earlswood ward, to the Henley-in Arden electoral division, and to the South Warwickshire petty sessional division and the Warwickshire coroner’s district.
Transfers between Warwickshire (Warwick) and West Midlands (Solihull)
6
1
The following areas shown on map 11 —
a
the parts of the parish of Baddesley Clinton marked B and D; and
b
the part of the parish of Wroxall marked E —
shall be transferred to Warwickshire, and from Warwick to West Midlands, to Solihull, to the parish of Balsall, to the Balsall West parish ward, to the Meriden ward, and to the Solihull petty sessional division and the Birmingham and Solihull coroner’s district.
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from West Midlands, from Solihull, and from the parish of Balsall to Warwickshire, to Warwick, to the parish and the ward named in column 3, to the Rowington electoral division, and to the Mid Warwickshire petty sessional division and the Warwickshire coroner’s district.
Table
1. 2. 3. Area marked On map — Transferred to Warwick, and to —
A and C 11
Parish of Baddesley Clinton
Lapworth ward
B 12
Parish of Honiley
Leek Wootton ward
A 12
Parish of Wroxall
Lapworth ward
Transfers within West Midlands between Birmingham and Solihull
7
1
Each unparished area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Birmingham, and from the ward named in column 3 to Solihull, to the parish and parish ward (if any) named in column 4, to the ward so named, and to the Solihull petty sessional division.
Table
1. 2. 3. 4. Area marked — On map — Transferred from Birmingham, and from the following ward — To Solihull, and to —
A 5 Billesley Shirley West ward A 4 Sheldon
Parish of Bickenhill
Bickenhill parish ward
Bickenhill ward
A 1 Shard End
Parish of Castle Bromwich
Timberley parish ward
Castle Bromwich ward
A 3 Shard End
Parish of Fordbridge
Bennetts Well parish ward
Fordbridge ward
C & E 2 Shard End
Parish of Kingshurst
Cooks Lane parish ward
Kingshurst ward
A 2 Shard End
Parish of Kingshurst
Yorkswood parish ward
Kingshurst ward
2
The following areas —
a
the part of the parish of Bickenhall marked B on map 4; and
b
the parts of the parish of Kingshurst marked B, D, F and G on map 2 —
shall be transferred from Solihull to Birmingham, and to the Birmingham petty sessional division, becoming unparished. The area marked B on map 4 shall additionally be transferred to the Sheldon ward, and the areas marked B, D, F and G on map 2 to the Shard End ward.
Consequential changes to parishes within Warwick
8
1
In this article, “ward” means a ward of Warwick.
2
The part of the parish of Honiley which is marked D on map 12 shall be transferred to the parish of Wroxall, and to the Lapworth ward.
3
The part of the parish of Wroxall marked C on map 12 shall be transferred to the parish of Honiley, and to the Leek Wootton ward.
Town and country planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
1st March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Birmingham Hospital National Health Service Trust (Change of Name) Order 1993 and shall come into force on 1st February 1993.
1
In this Order unless the context otherwise requires–
“ the Order ” means the East Birmingham Hospital National Health Service Trust (Establishment) Order 1991
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
1
The trust shall be called the Birmingham Heartlands Hospital National Health Service Trust instead of the East Birmingham Hospital National Health Service Trust and accordingly in article 1 of the Order in the definition of “The trust” and in article 2 of the Order for the words “East Birmingham Hospital” there shall be substituted the words “Birmingham Heartlands Hospital”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
26th January 1993


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1993 and shall come into force on 1st April 1993, immediately after the National Health Service (District Health Authorities) ( No. 2) Order 1992 comes fully into force.
Abolition of Authorities
2
The District Health Authorities specified in Schedule 1 to this Order are hereby abolished.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) Order 1993 and specified in column (1) of Schedule 2 to this Order there is established a District Health Authority which shall be known by the name specified in column (2) of that Schedule in relation to that district.
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order, for Schedule 1 to the National Health Service (District Health Authorities) Order 1990 there shall be substituted the new Schedule 1 set out in Schedule 3 to this Order.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th March 1993


text:
1
This Order may be cited as the A23 Trunk Road (London Road, Croydon) (Prescribed Routes) Order 1993 and shall come into force on 25th January 1993.
2
In this Order —
“the marginal reserve” means that part of the trunk road which separates its main carriageway from the service road;
“the service road” means that length of the trunk road which lies on the west side of the marginal reserve between the northern kerbline of Goldwell Road and a point 111 metres north of that kerbline; and
“the trunk road” means the A23 Trunk Road in the London Borough of Croydon, known as London Road.
3
The Croydon (Prescribed Route) (No.1) Traffic Order 1976 is hereby revoked.
4
No person shall cause any vehicle to proceed in the service road in any direction other than from south to north.
5
No person shall cause any vehicle to proceed in any direction other than from east to west through the gap in the marginal reserve which lies 67 metres north of the northern kerbline of Goldwell Road.
6
No person shall cause any vehicle to proceed in any direction other than from west to east through the gap in the marginal reserve which lies 111 metres north of the northern kerbline of Goldwell Road.
7
Nothing in this Order shall apply(a)to anything done with the permission or at the direction of a constable in uniform or of a traffic warden; or (b)to a vehicle being used for police, ambulance, or fire brigade purposes.
Signed by authority of the Secretary of State for Transport
I E W Brown
A Grade 6 Officer, London Regional Office of the
Department of Transport
18th January 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1993 and shall come into force on 19th April 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and “Regulation” means a Regulation contained in Schedule 1 to the principal Regulations (which, with extensions and modifications, contains provisions of the Income Tax (Employments) Regulations 1993 as they apply to earnings-related contributions and Class 1A contributions under the Social Security Contributions and Benefits Act 1992).
Insertion of Regulations 28A, 28B, 28C and 28D into Schedule 1 to the principal Regulations
2
In Schedule 1 to the principal Regulations, after Regulation 28 there shall be inserted the following Regulations —
Interest on overdue earnings-related contributions or Class 1A contributions
28A
1
Subject to Regulation 28D, where, in relation to the year ended 5th April 1993 or any subsequent year, an employer has not within 14 days of the end of the year paid an earnings-related contribution which he is liable to pay in respect of that year or a Class 1A contribution which he is liable to pay in that year, any contribution not so paid shall carry interest at the rate applicable under paragraph 6(3) of Schedule 1 to the Social Security Contributions and Benefits Act 1992 from the reckonable date until payment.
2
Interest payable under this Regulation shall be recoverable as if it were an earnings-related contribution or a Class 1A contribution, as the case may be, in respect of which an employer is liable under Regulation 26, 26A, 26C or 26D to pay to the Collector .
3
For the purposes of this Regulation “the reckonable date” means, in relation to —
a
an earnings-related contribution, the fourteenth day after the end of the year in respect of which it was due;
b
a Class 1A contribution, the fourteenth day after the end of the year in which it was due to be paid.
4
A contribution to which paragraph (1) of this Regulation applies shall carry interest from the reckonable date even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
5
A certificate of the Collector that any amount of interest payable under this Regulation has not been paid to him, or, to the best of his knowledge and belief, to any other Collector or to any person acting on his behalf or on behalf of another Collector, shall be sufficient evidence that the employer is liable to pay to the Collector the amount of interest shown on the certificate and that the sum is unpaid and due to be paid, and any document purporting to be such a certificate shall be deemed to be a certificate until the contrary is proved.
Payment of interest on repaid earnings-related contributions or Class 1A contributions
28B
1
Where an earnings-related contribution or a Class 1A contribution paid by an employer in respect of the year ended 5th April 1993 or any subsequent year is repaid to him and that repayment is made after the relevant date, any such repaid contribution shall carry interest at the rate applicable under paragraph 6(3) of Schedule 1 to the Social Security Contributions and Benefits Act 1992 from the relevant date until the order for the repayment is issued.
2
For the purposes of this Regulation “the relevant date” is —
a
in the case of an earnings-related contribution or a Class 1A contribution overpaid more than 12 months after the end of the year in respect of which the payment was made, the last day of the year in which it was paid;
b
in any other case, the last day of the year after the year in respect of which the contribution in question was paid.
Repayment of interest
28C
Where an employer has paid interest on an earnings-related contribution or a Class 1A contribution, that interest shall be repaid to him where —
a
the interest paid is found not to have been due to be paid, although the contribution in respect of which it was paid was due to be paid;
b
the earnings-related contribution or Class 1A contribution in respect of which interest was paid is returned or repaid to the employer in accordance with the provisions of regulation 32 or 33A of the Main Regulations.
Remission of interest
28D
1
Where interest is payable in accordance with Regulation 28A it shall be remitted for the period from the first relevant date until the second relevant date in the circumstances specified in paragraph (2) of this Regulation.
2
For the purposes of paragraph (1) of this Regulation, the circumstances are that —
a
the liability to pay interest in respect of an earnings-related contribution or a Class 1A contribution arises as the result of an official error being made; or
b
i
a question has arisen relating to an employer’s liability to pay an earnings-related contribution or a Class 1A contribution, or to his liability for, or the amount due from him in respect of, any interest calculated in accordance with Regulation 28A and that question is to be determined by the Secretary of State in accordance with section 17 of the Administration Act (adjudication by the Secretary of State); or
ii
a question, being a question of law arising in connection with the determination by the Secretary of State of any question such as is mentioned in head (i) above, is referred for decision to the High Court or, in Scotland, to the Court of Session in accordance with section 18 of the Administration Act (appeal on a question of law).
3
In this Regulation —
a
“the Administration Act” means the Social Security Administration Act 1992 ;
b
“an official error” means a mistake made, or something omitted to be done, by an officer of, or a person employed in relation to, the Inland Revenue or the Department of Social Security acting as such, where the employer or any person acting on his behalf has not caused, or materially contributed to, that mistake or omission;
c
in the circumstances specified in —
i
paragraph (2)(a) of this Regulation, “the first relevant date” means the reckonable date as defined in Regulation 28A(3) or, if later, the date on which the official error occurs and “the second relevant date” means the date fourteen days after the date on which the official error is rectified and the employer is advised in writing of its rectification;
ii
paragraph (2)(b) of this Regulation, “the first relevant date” means the date on which the question for determination under section 17 of the Administration Act is submitted to the Secretary of State or, as the case may be, the question of law arising in connection with the determination of such a question is referred to a court under section 18 of the Administration Act and “the second relevant date” means the date fourteen days after the question is so determined, or the reference is finally disposed of, as the case may be.
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe,
Parliamentary Under-Secretary of State,
Department of Social Security
22nd March 1993
The Commissioners of Inland Revenue hereby concur.
L. J. H. Beighton,
S. C. T. Matheson,
Two of the Commissioners of Inland Revenue
22nd March 1993


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1993 and shall come into force on 24th June 1993.
2
In this Scheme “the principal Scheme” means the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 .
Amendment of article 1 of the principal Scheme
2
In article 1(2) of the principal Scheme (interpretation) after the definition of “death benefit” there shall be inserted the following definition —
“foundry” means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely the drying and subsequent preparation of moulds and cores, knock-out operations and dressing or fettling operations;
.
Amendment of Schedule 1 to the principal Scheme
3
1
Schedule 1 to the principal Scheme shall be amended in accordance with the following provisions of this article.
2
At the end of the entry in the second column relating to disease number 4 (primary neoplasm of the epithelial lining of the bladder etc. ) there shall be added the words
d
exposure to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ).
.
3
The description of disease number 9 shall be amended by substituting for the words “Lung cancer” the words “Primary carcinoma of the lung”.
4
After the entry relating to disease number 9 there shall be added the following entry —
10. Primary carcinoma of the lung where there is accompanying evidence of silicosis.
Exposure to silica dust in the course of —
the manufacture of glass or pottery;
tunnelling in or quarrying sandstone or granite;
mining metal ores;
slate quarrying or the manufacture of artefacts from slate;
mining clay;
using siliceous materials as abrasives;
cutting stone;
stonemasonry; or
work in a foundry.
.
Amendment of Schedule 4 to the principal Scheme
4
Schedule 4 to the principal Scheme shall be amended —
a
by the insertion, at the end of the entry in the second column relating to disease number 4, of the words “except in the case of a death where benefit is payable by reason only of paragraph (d) in the entry in respect of that disease in Schedule 1, and in that case 24th June 1993”;
b
by the addition at the end of the Schedule of the following entry —
10 24th June 1993.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
20th May 1993
We consent,
Greg Knight
T. J. Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
25th May 1993


text:
Citation and commencement
1
This Order may be cited as the Learning for Work (Miscellaneous Provisions) Order 1993 and shall come into force on 6th September 1993.
Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule
2
For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under Learning for Work shall be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act and, accordingly, any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.
Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992
3
A payment made to a person in connection with his use of facilities provided under Learning for Work shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 .
Signed by order of the Secretary of State.
Viscount Ullswater
Parliamentary Under Secretary of State,
Department of Employment
29th July 1993


text:
1
This Order may be cited as the Arms Control and Disarmament (Privileges and Immunities) Act 1988 (Guernsey) Order 1993 and shall come into force forthwith.
2
The Arms Control and Disarmament (Privileges and Immunities) Act 1988 shall extend to the Bailiwick of Guernsey, subject to the following modifications:
a
section 1(1) shall be omitted;
b
in section 1(2) for the words “Act of 1964” there shall be substituted the words “the Diplomatic Privileges Act 1964 as it has effect in the United Kingdom”; and the words following “disarmament” shall be omitted;
c
in section 1(3) for the words “the Secretary of State” there shall be substituted the words “Her Majesty’s Attorney General for Guernsey”;
d
in section 2, subsections (2) and (3) shall be omitted.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Savings Certificates (Yearly Plan) (Amendment) Regulations 1993 and shall come into force on 5th January 1994.
2
The Savings Certificates (Yearly Plan) Regulations 1984 shall be amended in regulation 17(1) by substituting for the figure “£25,000” the figure “£50,000”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1993


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1993.This regulation and regulation 3 shall come into force on 31st December 1993 and regulation 2 shall come into force on 1st January 1994.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1993 shall be amended as follows:
a
For Schedule 2 thereof shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
†Excluding Shanwick FIR
Austria AIP Austria 61.94 1 ECU = 13.7310 Sch Belgium AIP Belgique 68.69 1 ECU = 40.2940 BF Cyprus AIP Cyprus 25.88 1 ECU = 0.582156 £Cy France AIP France 66.12 1 ECU = 6.64476 FF (France Metropolitaine) Germany AIP Germany 77.92 1 ECU = 1.95094 DM Greece AIP Greece 28.40 1 ECU = 266.971 Dra Hungary AIP Hungary 18.66 1 ECU = 107.520 Hf Ireland, Republic of AIP Ireland 26.46 1 ECU = 0.806562 £Ir Malta AIP Malta 38.81 1 ECU = 0.443779 Lm Netherlands AIP Netherlands 50.62 1 ECU = 2.19395 G Portugal AIP Portugal 39.59 1 ECU = 190.384 Esc Santa Maria FIR 11.16 Spain AIP España Madrid & 1 ECU = 153.043 Pts Barcelona FIRS — 52.14 Canaries FIRS — 55.56 Switzerland AIP Switzerland 82.45 1 ECU = 1.72410 SF Turkey AIP Turkey 27.52 1 ECU = 12721.3 LT United Kingdom United Kingdom Air Pilot 87.15 1 ECU = £0.760394
b
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
Zone I -between WO1400 and W11000 and North of N5500 with the exception of Iceland Frankfurt 1292.23 London 853.65 Paris 1131.78 Prestwick 447.08 ZONE II -between WO4000 and W11000 and N2800 and N5500 Abidjan 144.52 Anman 1683.41 Amsterdam 837.35 Athens 1227.88 Banjul 140.06 Barcelona 785.30 Basle 957.79 Belfast 196.35 Berlin 1130.86 Birmingham 477.14 Bordeaux 544.50 Bristol 477.16 Brussels 795.70 Bucharest 1699.32 Budapest 1449.09 Cairo 1407.27 Cardiff 321.42 Casablanca 339.15 Cologne-Bonn 998.03 Copenhagen 750.13 Dakar 139.95 Dublin 145.01 Düsseldorf 952.96 East Midlands 527.05 Frankfurt 1066.62 Geneva 951.11 Glasgow 290.18 Hamburg 887.47 Helsinki 497.92 Istanbul 1501.74 Jeddah 1594.22 Johannesburg 140.28 Kiev 1017.56 Lagos 140.73 Lamezia Terme 1212.08 Las Palmas (Canary Islands) 500.37 Leeds and Bradford 470.40 Lille 722.53 Lisbon 383.03 London 562.31 Luxembourg 930.35 Lyons 930.77 Maastricht 869.51 Madrid 569.26 Malaga 620.23 Manchester 432.57 Manston 635.81 Marseille 964.42 Milan 1032.76 Monrovia 140.06 Moscow 538.90 Munich 1254.24 Nantes 491.23 Naples 1071.35 Newcastle 452.16 Nice 972.51 Oporto 282.14 Oslo 355.89 Ostend 709.98 Paris 742.07 Ponta Delgada (Azores) 145.30 Prague 1280.03 Prestwick 290.18 Riyadh 1575.01 Rome 1122.86 Sal Island (Cape Verde) 139.95 Santa Maria (Azores) 155.46 Santiago 264.50 Shannon 100.55 Sofia 1541.76 Stockholm 555.89 Stuttgart 1089.79 Tel Aviv 1571.79 Tenerife 458.22 Timisoara 1699.32 Toulouse-Blagnac 710.87 Turin 1089.37 Venice 1315.01 Vienna 1476.29 Warsaw 892.83 Zürich 1104.80 ZONE III -West of W11000 and between N2800 and N5500 Amsterdam 949.63 Copenhagen 779.12 Düsseldorf 1039.53 Frankfurt 1090.71 Geneva 1299.90 Hamburg 707.89 London 800.79 Luxembourg 1143.09 Madrid 457.82 Manchester 633.91 Milan 1072.67 Munich 1515.09 Paris 930.64 Prestwick 399.15 Rome 1072.67 Shannon 95.79 Zürich 1380.33 ZONE IV -West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 812.88 Barcelona 895.34 Berlin 1008.70 Brussels 822.85 Cologne-Bonn 937.90 Copenhagen 792.12 Düsseldorf 956.98 Frankfurt 1055.26 Gothenburg 679.56 Hamburg 1008.17 Helsinki 492.40 Lisbon 438.04 London 604.46 Madrid 601.96 Manchester 400.37 Milan 969.17 Munich 1205.98 Oslo 498.50 Paris 682.66 Prague 1219.53 Rome 1108.53 Sal Island (Cape Verde) 91.40 Santa Maria (Azores) 156.35 Shannon 181.74 Stockholm 551.07 Vienna 1399.98 Zürich 1029.48 ZONE V -West of W04000 and between the equator and N2000 Amsterdam 989.54 Barcelona 916.15 Basle 1038.05 Bordeaux 725.99 Cologne-Bonn 1075.14 Düsseldorf 1150.21 Frankfurt 1132.27 Glasgow 415.91 Hamburg 1111.30 Helsinki 648.17 Las Palmas (Canary Islands) 644.80 Lisbon 519.37 London 780.95 Lyons 980.39 Madrid 702.70 Manchester 606.47 Marseille 1142.96 Milan 1083.73 Munich 1230.52 Nantes 688.31 Oporto 504.99 Paris 820.24 Porto Santo (Maderia) 317.09 Prestwick 426.37 Rome 1262.22 Santa Maria (Azores) 204.56 Santiago 520.41 Shannon 275.82 Stockholm 1200.10 Tenerife 639.24 Toulouse-Blagnac 963.96 Vienna 1248.94 Zürich 1148.56
3
The Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1993 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
9th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Disclosure of Interests in Shares (Amendment) (No.2) Regulations 1993 and shall come into force on the day after the day on which they are made.
Amendments of Part VI of the Companies Act 1985
2
Part VI of the Companies Act 1985 shall be amended in accordance with Regulation 3 below.
3
In section 209, in subsection (2),
a
in subparagraph (ii) of paragraph (a), after the word “securities”in both places where it occurs there shall be inserted “or derivatives” and after the words “on a relevant stock exchange”there shall be inserted the words “or on a relevant investment exchange”, and
b
in subparagraph (iii) of that paragraph at the beginning, there shall be inserted the words “a relevant stock exchange,”.
Transitional provisions
4
1
In this Regulation “commencement” means the commencement of these Regulations.
2
Where a person —
a
had a notifiable interest immediately before commencement, but does not have such an interest immediately after commencement, or
b
had a notifiable interest immediately before commencement and has such an interest immediately after commencement but the percentage levels of his interest immediately before and immediately after commencement are not the same,
then he comes under an obligation to notify the company with respect to the interest which he has or had in its shares; and the provisions of Part VI of the Companies Act 1985 shall apply as if that obligation arose under section 198 of that Act.
Neil Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th October 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1993 and shall come into force on 27th March 1993.
Amendment of the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992
2
The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 shall be further amended in accordance with article 3 below.
3
In article 2(1) (interpretation), for the definition of “managed woodland” there shall be substituted the following definition:
“managed woodland” means a minimum area of at least one hectare of woodland for which within two years of the start of an agreement the farmer obtains approval for a grant either in connection with the management of land under section 1 of the Forestry Act 1979 or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981 ;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
3rd March 1993.
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1993 and shall come into force on 2nd February 1993.
Amendment of paragraph 1 of Schedule 3 to the Income Support Regulations
2
In paragraph 1 of Schedule 3 (eligible housing costs) to the Income Support (General) Regulations 1987 —
a
in sub-paragraph (b) after the words “as the home” there shall be inserted the words —
, including interest on a loan for any service charge imposed to meet the cost of such repairs and improvements;
;
b
sub-paragraph (h) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
12th January 1993


text:
Citation and commencement
1
This Order may be cited as the Community Action (Miscellaneous Provisions) Order 1993 and shall come into force on 27th July 1993.
Treatment of persons and payments for purposes of the subordinate legislation specified in the Schedule
2
For the purposes of the subordinate legislation specified in the Schedule to this Order a person using facilities provided under Community Action shall be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act and, accordingly, any payment made to such a person in connection with his use of those facilities shall be treated in the same manner as a payment made in respect of such training.
Treatment of payments for purposes of the Social Security Contributions and Benefits Act 1992
3
A payment made to a person in connection with his use of facilities provided under Community Action shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992 .
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
28th June 1993


text:
1
These Regulations may be cited as the Finance Act 1991, section 58, (Commencement No. 3) Regulations 1993 and shall come into force on 21st April 1993.
2
The day specified by these Regulations as the day on which the provisions of section 58 of the Finance Act 1991 referred to in regulation 3 shall have effect in relation to payments made on or after that day for the purposes referred to in paragraph (1) of regulation 4 is 22nd April 1993.
3
The provisions referred to in this regulation are —
a
the insertion by subsection (1) of that section of section 736A of the Income and Corporation Taxes Act 1988 after section 736 of that Act,
b
the insertion by subsection (2) of that section and paragraph 1 of Schedule 13 to the Finance Act 1991 of Schedule 23A to the Income and Corporation Taxes Act 1988 after Schedule 23 to that Act, and
c
the amendments made by subsection (2) of that section and paragraph 3 of Schedule 13 to the Finance Act 1991 to section 737 of the Income and Corporation Taxes Act 1988.
4
1
The purposes referred to in this paragraph are the application of —
a
the said section 736A,
b
the said Schedule 23A, and
c
the said section 737 as so amended,
to payments of amounts representative of overseas dividends on overseas securities.
2
In paragraph (1) above “overseas dividends” and “overseas securities” have the meanings given by paragraph 1(1) of the said Schedule 23A.
Irvine Patnick
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 1993


text:
1
1
This Order may be cited as the Functions of Traffic Wardens (Amendment) Order 1993, and shall come into force on 1st June 1993.
2
This Order does not extend to Scotland.
3
In this Order, “the 1970 Order ” means the Functions of Traffic Wardens Order 1970 .
2
In article 3(2) of the 1970 Order, after sub-paragraph (e), there shall be added the following sub-paragraphs —
f
section 100(3) of the Road Traffic Regulation Act 1984 (the interim disposal of vehicles removed under section 99 of that Act );
g
sections 104 and 105 of the Road Traffic Regulation Act 1984 (the immobilisation of illegally parked vehicles) .
.
3
For article 3(4), there shall be substituted the following —
4
References in section 164(1), (2) and (6) of the Road Traffic Act 1988 to a constable or police constable shall include references to a traffic warden only where —
a
the traffic warden has reasonable cause to believe that there has been committed an offence by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the Road Traffic Regulation Act 1984 or an offence in contravention of section 22 of the Road Traffic Act 1988 (leaving vehicles in dangerous positions); or
b
the traffic warden is employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations made under section 99 of the Road Traffic Regulation Act 1984 or from a parking place in pursuance of a street parking place order, and he has reasonable cause to believe that there has been committed an offence in respect of a vehicle by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road.
.
4
Paragraph 1 of the Schedule to the 1970 Order shall be amended by —
i
the addition, after sub-paragraph (1)(d), of the following —
e
committed by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the Road Traffic Regulation Act 1984,
; and
ii
the omission from sub-paragraph (2) of the words from “other” to “positions)”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 12th August 1993.
2
In this Order —
“the Authority” means Doncaster Health Authority;
“the Trust” means the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 18th May 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th August 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th July 1993


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Council Tax (Transitional Reduction Scheme) (England) Regulations 1993 and shall come into force on 15th February 1993.
2
These Regulations extend only to England.
Interpretation, etc.
2
1
In these Regulations, except insofar as the context otherwise requires —
“ the Act ” means the Local Government Finance Act 1992;
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1993 financial year ” means the financial year beginning on 1st April 1993;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disabilities Regulations ” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“alternative valuation band”, in relation to a person who is an eligible person for the purposes of the Disabilities Regulations, means the alternative valuation band applicable in his case for the purposes of regulation 4 of those Regulations;
“discounted chargeable amount”, in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the Act or, as his circumstances require, that section read with section 11 of the Act: but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if in the definition of “A” in section 10 of the Act there were substituted for the reference to the valuation band listed for the dwelling a reference to the alternative valuation band;
“finance report”, means the Local Government Finance Report (England) 1993/94 ;
“police precepting authority” means the Receiver for the Metropolitan Police District, Essex County Council, Hertfordshire County Council or Surrey County Council;
“qualifying dwelling” means a dwelling which at the end of the 31st March 1993 is the sole or main residence of any individual;
“ the Receiver ” means the Receiver for the Metropolitan Police District;
“relevant formula” means the first of the formulae set out in paragraph 2 of Schedule 1 to these Regulations;
“relevant precepting authority”, in relation to a billing authority, means a major precepting authority which has power to issue a precept to the billing authority for the 1993 financial year;
“relevant special expenses” means —
as regards the Receiver, such of his expenses as are, by virtue of section 46(2)(d) of the Act, a special item for the purposes of section 45 of the Act and the 1993 financial year;
as regards any other police precepting authority, such of the authority’s expenses as are, by virtue of section 46(2)(a) of the Act, a special item for the purposes of section 45 of the Act and that year;
“scheme community charge”, in relation to a billing authority, means the scheme community charge specified in relation to that authority in a report made in accordance with regulation 4(1);
“special tax base” —
in relation to a police precepting authority other than the Receiver, means the amount calculated for the 1993 financial year by the Secretary of State, in accordance with the rules specified in Annex C to the finance report, as the council tax base for revenue support grant purposes of the part of the authority’s area to which relevant special expenses apply;
in relation to the Receiver, means the aggregate of the standard tax bases of the councils of the inner London boroughs;
“standard spending assessment”, in relation to an authority, means the amount of the authority’s standard spending assessment for the 1993 financial year calculated by the Secretary of State in accordance with section 4 of the finance report;
“standard tax base”, in relation to an authority, means the amount calculated for the 1993 financial year by the Secretary of State, in accordance with the rules specified in Annex C to the finance report, as the council tax base for revenue support grant purposes of the whole of the authority’s area.
2
Any reference in these Regulations to the relevant valuation band in relation to a dwelling is a reference to the valuation band shown as applicable to the dwelling —
a
in the billing authority’s valuation list; or
b
if no such list is in force —
i
except in a case to which paragraph (3) applies, in the copy of the proposed list supplied to the authority under section 22(5)(b) of the Act;
ii
in a case to which paragraph (3) applies, in information which for the purposes of this paragraph is relevant information.
3
This paragraph applies where the listing officer supplies the authority with information relating to property shown in the proposed list (including information relating to the application to such property of article 3 or 4 of the Council Tax (Chargeable Dwellings) Order 1992 ); and such information is relevant information for the purposes of paragraph (2)(b)(ii) to the extent that it differs from information contained in the proposed list.
4
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be contrued accordingly.
Prescribed year
3
The 1993 financial year is prescribed as the year for which these Regulations apply.
Report by the Secretary of State
4
1
The Secretary of State shall before 28th February 1993 specify for each billing authority in a report for the purposes of these Regulations a scheme community charge.
2
The report mentioned in paragraph (1) shall be laid before the House of Commons.
PART II
REDUCTIONS RELATED TO COMMUNITY CHARGES
Persons to whom Part II applies
5
A person is an eligible person for the purposes of this Part on a particular day if, as regards that day —
a
he is a liable person in respect of a qualifying dwelling; and
b
the dwelling is the sole or main residence of any individual.
Calculation of amount payable
6
1
Subject to paragraph (2) and regulation 7, the amount which an eligible person is liable to pay in respect of a qualifying dwelling and a day (unless the product of the relevant formula is a negative amount) is an amount equal to the difference between —
a
the discounted chargeable amount; and
b
the amount determined in his case in accordance with the relevant formula,
save that, where the amount determined as mentioned in sub-paragraph (b) for a day is greater than the discounted chargeable amount for that day, the amount which he is liable to pay in respect of that day is nil.
2
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of this Part, the amount which he is liable to pay as regards that day shall be the amount ascertained in accordance with paragraph (1) less the amount of his council tax benefit for that day.
Local government boundary changes
7
1
This regulation applies where, in consequence of an order under Part IV of the Local Government Act 1972 (changes in local government areas), an amount of council tax falls to be paid as regards a qualifying dwelling to an authority (“the new authority”) other than the one to which amounts fell to be so paid before the coming into force of the order (“the old authority”).
2
Where this regulation applies, in the application of the relevant formula —
a
the amount “A” is the amount calculated by reference to the new authority; and
b
the amount “B” is the amount calculated by reference to the old authority.
3
Paragraph (2) applies only in relation to the day on which an amount first falls to be paid to the new authority and later days.
PART III
INFORMATION AND APPEALS
Supply of information by the Secretary of State
8
1
As soon as practicable after the House of Commons has approved the finance report the Secretary of State shall —
a
notify each billing authority and each major precepting authority other than the Receiver of the amount of its standard spending assessment;
b
notify each billing authority of the amounts which, as regards —
i
the authority; and
ii
each major precepting authority which, in relation to the authority, is a relevant precepting authority,
are the amounts payable to it by way of redistributed non-domestic rates and revenue support grant and of its standard tax base; and
c
notify each billing authority in relation to which a police precepting authority is a relevant precepting authority of the amount of the police precepting authority’s special tax base.
2
Where in accordance with section 85 of the 1988 Act a determination as regards additional grant has been made for the 1993 financial year and specified in a report which has been laid before the House of Commons, the Secretary of State shall, as soon as practicable after the approval of that report, notify each billing authority of the amounts which, as regards —
a
the authority; and
b
each major precepting authority which, in relation to the authority, is a relevant precepting authority,
are the amounts payable to it by way of additional grant.
Supply of information by major precepting authorities
9
1
As soon as practicable after it has made the calculations in relation to the 1993 financial year required by section 44 of the Act or, where section 45 of the Act applies, subsections (2) and (3) of that section —
a
each major precepting authority which is not a police precepting authority shall notify each billing authority in relation to which it is a relevant precepting authority of the amount calculated by it under section 44(1); and
b
each police precepting authority shall notify each billing authority in relation to which it is a relevant precepting authority of —
i
the amount calculated by it under section 45 as applicable to the billing authority’s area or, as the case may be, to part of that area; and
ii
where an amount calculated under that section is applicable to part only of the billing authority’s area, the part to which the amount relates.
2
Each major precepting authority other than the Receiver shall, as soon as practicable after it has made the calculations required by section 43 of the Act in relation to the 1993 financial year —
a
calculate its scheme budget requirement for the year; and
b
notify each billing authority in relation to which it is a relevant precepting authority of the amount of its scheme budget requirement for the year;
and for these purposes “scheme budget requirement” has the same meaning as in Part II of Schedule 2.
3
The Receiver shall, as soon as practicable after he has made the calculations required by section 43 of the Act in relation to the 1993 financial year, notify each billing authority in relation to which he is a relevant precepting authority of the amount of his budget requirement for the year.
4
Each police precepting authority shall, as soon as practicable after it has made the calculations required by section 43 of the Act in relation to the 1993 financial year, notify each billing authority in relation to which it is a relevant precepting authority of the amount of its relevant special expenses for that year.
5
Where a major precepting authority makes substitute calculations in accordance with section 49 of the Act in relation to the 1993 financial year, paragraphs (1) to (4) (so far as applicable) shall have effect in consequence of those calculations as they have effect in consequence of the original calculations.
6
Information need not be given under this regulation insofar as it would be repetitive of information given to the authority concerned for any purpose of Part I of the Act.
Supply of information by individuals
10
A billing authority may, for the purpose of considering whether Part II of these Regulations applies to any person, by written notice request that person to furnish to the authority within such period, not being less than 21 days, as it may reasonably specify such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
11
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reasons for it; and any such statement shall be dated and shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations: but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of appeal
12
An appellant shall give notice of appeal in writing to the billing authority.
Procedure for appeals
13
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
3rd February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Queen Margaret Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Queen Margaret Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Queen Margaret Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishment or facility known as Queen Margaret Hospital, Dunfermline and establishments associated with that hospital, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Fife Health Board 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 Fife Health Board 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 board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Fife Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath and West Community National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order: —
“the Authority” means Bath Health Authority;
“the Trust” means the Bath and West Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th September 1993