text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Community Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 Salford Community Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Salford Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from 2 Acton Square, Salford, M5 4NY.
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 Salford 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 Salford 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 Salford 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


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No.3) Regulations 1993 and shall come into force —
a
for the purposes of regulation 2, on 31st March 1993, and
b
for all other purposes, on 1st April 1993.
2
The Value Added Tax (General) (Amendment) (No.2) Regulations 1993 are hereby revoked.
3
The Value Added Tax (General) Regulations 1985 shall be amended by adding after paragraph (4) of regulation 13 the following —
5
Where a registered taxable person provides a tax invoice relating in whole or in part to a supply the tax upon which is required to be accounted for and paid by the person supplied, on the supplier’s behalf, the supplier shall state that fact, and the amount of tax so to be accounted for and paid, on the tax invoice.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
24th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Applications for Grant of Product Licences–Products for Human Use) Regulations 1993, and shall come into force on 29th November 1993.
2
In these Regulations —
“ the Act ” means the Medicines Act 1968;
“application”, except in regulation 2 below and in sub-paragraph (a) of paragraph 6 of Schedule 2, means an application to which these Regulations apply by virtue of that regulation;
“the Directives” means the Directives made by, as the case may be, the Council or Commission of the European Economic Community, numbered 75/318/ EEC , 75/319/EEC , 89/342/EEC and 89/381/EEC and any reference to any of those Directives is to the Directive as in force immediately before the date on which these Regulations are made;
“expert” means an expert with suitable technical or professional qualifications and experience for the purposes of drawing up any description or particulars referred to in paragraphs 7 and 8 of, or any report referred to in paragraph 12 of, Schedule 1;
“product”means any medicinal product and any other article, product or substance in relation to which section 7(2) of the Act for the time being has effect (with or without modification) as it has effect in relation to medicinal products, by virtue of an order under section 104 or 105 of the Act made before the date on which these Regulations were made or regulations under section 2(2) of the European Communities Act 1972 made before that date.
3
Expressions used in these Regulations which are also used in any relevant Community Directive shall, except where the contrary intention appears and except in the case of “medicinal product”, have the same meaning as they have in the relevant Directive, and related expressions shall be construed accordingly.
4
Any reference in these Regulations to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number.
Application of these Regulations
2
1
Subject to paragraph (2) below, these Regulations shall apply to any application, made after the coming into force of these Regulations, for the grant (but not renewal) of a product licence in relation to a product for human use.
2
These Regulations shall not apply where the application is one which is deemed to be an application by virtue of section 18(3) of the Act.
Manner of applications
3
1
Every application shall be made in writing and shall be signed by or on behalf of the applicant.
2
Twenty-six copies, or such lesser number as the licensing authority may direct, of each application and of any accompanying material shall be supplied to the licensing authority in the English language, and where the application or any accompanying material has been translated from another language, also one copy of the application or the accompanying material, as the case may be, in the original language.
3
A separate application shall be made in respect of each product of a particular description, except that a single application may be made —
a
in respect of two or more products which have the same pharmaceutical form and either consist of the same single active constituent in different strengths, or consist of a mixture in different strengths of the same two or more active constituents in the same proportion;
b
in respect of two or more substances or two or more articles having the same physical form and either having the same single active constituent in different strengths or being a mixture in different strengths of the same two or more active constituents in the same proportion;
c
in the case of homoeopathic products and products using similar attenuations, in respect of —
i
two or more attenuations of the same mother tincture or other solution of the same trituration, or
ii
two or more attenuations of any mother tincture or other solution or trituration having the same specification and pharmaceutical form apart from the tincture, solution or trituration;
d
in the case of products being preparations of allergen extracts for the treatment of allergies, in respect of two or more attenuations of the same allergen extract or of the same mixture of allergen extracts; or
e
in the case of products for testing for allergic responses to specific substances in respect of two or more allergen extracts manufactured by one and the same method, provided that the application states the substances from which the extracts are prepared.
Material to be contained in or accompany an application
4
1
Subject to paragraphs (4), (5), (6) and (7) below, an application which relates to any product to which Chapters II to V of the 1965 Directive apply shall, in respect of each such product, contain or be accompanied by such of the information, documents, samples and other material specified in Schedule 1 as relate to the product, prepared and presented in accordance with the applicable requirements of the Directives.
2
Subject to paragraphs (4) and (7) below, an application which relates to any product which is not a product to which Chapters II to V of the 1965 Directive apply shall, in respect of each such product, contain or be accompanied by such of the information, documents, samples and other material specified in Schedule 1 as relate to the product, prepared and presented in accordance with such of the requirements of the Directives as would be applicable to the product if it were a product to which those Chapters applied.
3
Schedule 2 (which sets out exceptions to the requirements to provide the particulars of various tests and trials) shall have effect for the purposes of paragraph 8 of Schedule 1.
4
Schedule 3 (under which certain particulars may, in certain circumstances, be provided otherwise than by the applicant) shall have effect.
5
Insofar as an application relates to a product which has been, or is to be, imported into the United Kingdom and in respect of which a marketing or equivalent authorisation is in force elsewhere than in the United Kingdom, it need not contain or be accompanied by any material which, in accordance with Community obligations, may not be required by the competent authorities of a member State as a condition of granting a marketing authorisation.
6
Where paragraph (5) above has effect in relation to any product, the application shall, in addition to any other material required by these Regulations, contain or be accompanied by information sufficient to identify the relevant marketing or equivalent authorisation and any relevant United Kingdom product licence, and shall be accompanied by a sample of the product complete with the outer packaging, immediate packaging and labels all in the form as marketed in the member or other State where the relevant marketing or equivalent authorisation is in force.
7
The requirements of Part 2, paragraph A, point 3.3 of the Annex to Directive 75/318/EEC shall not apply in relation to an application made before 1st January 1995.
Amendment of the Medicines (Applications for Product Licences and Clinical Trial and Animal Test Certificates) Regulations 1971
5
In regulation 2(1) (interpretation) of the Medicines (Applications for Product Licences and Clinical Trial and Animal Test Certificates) Regulations 1971 , at the end of the definition of “application”, there shall be inserted the words “or a request for the grant of a product licence, being a request which is an application to which the Medicines (Applications for Grant of Product Licences–Products for Human Use) Regulations 1993 apply”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th October 1993
John Redwood
Secretary of State for Wales
19th October 1993
Fraser of Carmyllie
Minister of State, Scottish Office
15th October 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 21st October 1993.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th October 1993.
W. J. Hodges
Permanent Secretary


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road 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 the new trunk road that —
a
where the highway is a highway maintainable at 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 maintainable at public expense 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 new trunk road is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2WM/162 marked “The A45/A452 Trunk Roads (Stonebridge Grade Separation) Order 1993” signed by authority of the Secretary of State and deposited at the Departmentof Transport, Room AG23, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the A45” means the Birmingham–Upper Heyford Trunk Road;
iv
“the A452” means the Brownhills–Stonebridge Trunk Road.
5
This Order shall come into force on 23rd September 1993 and may be cited as the A45/A452 Trunk Roads (Stonebridge Grade Separation) Order 1993.
Signed by authority of the Secretary of State for Transport
D Ritchie
Regional Director West Midlands Region
Department of Transport
3rd September 1993


text:
Citation and commencement
1
This Order may be cited as the North Mersey Community National Health Service Trust (Establishment) Amendment Order 1992 and shall come into force on 5th February 1993.
Amendment of NHS Trust Establishment Order
2
For article 3(2) (functions of the trust) of the North Mersey Community National Health Service Trust (Establishment) Order 1991 there shall be substituted the following paragraph.
3
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 Sefton General Hospital, Smithdown Road, Liverpool L15 2HE and associated hospitals;
b
to manage community health services provided from Sefton General Hospital, Smithdown Road, Liverpool L15 2HE and to own the associated premises.
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
29th January 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Public Path Orders) Regulations 1993 and shall come into force on 31st January 1993.
2
In these Regulations, unless the context otherwise requires, —
“ the Act ” means the Town and Country Planning Act 1990;
“authority” means the authority responsible for making the order;
“public path order” means an order made under section 257 (footpaths and bridleways affected by development: orders by other authorities) or 258 (extinguishment of public rights of way over land held for planning purposes) of the Act and includes an order revoking or varying any such order .
“Schedule 14” means Schedule 14 to the Act.
Form of public path order and map and priority of schedule to order
2
1
A public path order shall be in the relevant form set out in Schedule 1 to these Regulations or in a form substantially to the like effect, with such modifications as may be required, and shall at the end be sealed and dated.
2
A public path order shall contain a map which shall be on a scale of not less than 1:2500 or, if such a map is not available, on the largest scale readily available.
Notice of public path orders
3
1
Any notice required to be given under Schedule 14 by an authority shall be in the relevant form set out in Schedule 2 to these Regulations or in a form substantially to the like effect.
2
The persons on whom notice is required to be served under paragraphs 1(2)(b) and 7(1)(b) of Schedule 14 shall in respect of the areas specified in column 1 of Schedule 3 to these Regulations include the persons specified in column 2 of Schedule 3 to these Regulations.
Procedure for public path orders
4
1
A public path order shall be made in duplicate, and where the order is submitted to the Secretary of State for confirmation the order and duplicate shall be sent to him accompanied by:
a
two copies of the order and a copy of any notice published as required by paragraph 1(2)(a) of Schedule 14,
b
a statement by the authority of the grounds on which the authority consider that the order should be confirmed, and
c
any representations or objections which have been duly made with respect to the order and not withdrawn, together with the observations thereon of the authority.
2
Where a public path order provides for extinguishing a right of way over land under, in, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purpose of their undertaking, the consent of the undertakers to such order shall also be sent to the Secretary of State when the order is submitted to him for confirmation.
3
After a decision not to confirm a public path order, the authority shall, as soon as the requirements of paragraph 7(4) of Schedule 14 have been complied with, so certify in writing to the Secretary of State.
4
After a public path order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 7(1) of Schedule 14 have been complied with, so certify in writing to the Secretary of State and send him a copy of the notice of confirmation of the order served under paragraph 7 or given under paragraph 8 of Schedule 14.
5
After a public path order has been confirmed the authority shall send a copy of it as confirmed to the Ordnance Survey.
Revocation
5
The Town and Country Planning (Public Path Orders) Regulations 1983 are hereby revoked.
Michael Howard
Secretary of State for the Environment
7th January 1993
David Hunt
Secretary of State for Wales
6th January 1993


text:
1
This Order may be cited as the Aviation Security (Jersey) Order 1993 and shall come into force on 12th June 1993.
2
1
The provisions of the Aviation Security Act 1982 which are listed in Part I of Schedule 1 to this Order shall extend to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in Part II of that Schedule.
2
Sections 1 and 50 of the Aviation and Maritime Security Act 1990 shall extend to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in Schedule 2 to this Order.
3
The Orders specified in Schedule 3 to this Order are hereby revoked to the extent that they relate to the extension to the Bailiwick of Jersey of any enactment which is repealed by and re-enacted in the Aviation Security Act 1982.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Department of Transport (Fees) (Amendment) Order 1993 and shall come into force forthwith.
2
Schedule 1 to the Department of Transport (Fees) Order 1988 shall be amended —
a
in Table III by substituting for each entry in column (3) which relates to paragraph 9 or 10 in column (1) the words “Paragraphs 1 to 8.”; and
b
in Table VI by substituting for each entry in column (3) which relates to paragraph 1A or 4 in column (1) the words “Paragraphs 1 to 8.”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
22nd June 1993


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Child Support (Miscellaneous Amendments) Regulations 1993, shall come into force on 5th April 1993 immediately after the regulations which they amend come into force.
2
In these Regulations–
“ Arrears, Interest and Adjustment of Maintenance Assessments Regulations ” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ;
“ Collection and Enforcement of Other Forms of Maintenance Regulations ” means the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 1992 ;
“ Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“ Maintenance Arrangements and Jurisdiction Regulations ” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 ;
“ Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“ Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
Amendment of regulation 5 of the Maintenance Assessment Procedure Regulations
2
1
Regulation 5 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the word “Where” there shall be substituted the words “Subject to paragraph (2A), where”.
3
In paragraph (2) after the word “shall” there shall be inserted the words “, subject to paragraph (2A),”.
4
After paragraph (2) there shall be inserted the following paragraph–
2A
The provisions of paragraphs (1) and (2) shall not apply where the Secretary of State is satisfied that an application for a maintenance assessment can be dealt with in the absence of a completed and returned maintenance enquiry form.
.
Amendment of regulation 8 of the Maintenance Assessment Procedure Regulations
3
1
Regulation 8 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1) there shall be inserted the following paragraphs–
1A
There shall be two categories of interim maintenance assessment, Category A interim maintenance assessments and Category B interim maintenance assess ments. (1B) An interim maintenance assessment made by a child support officer shall be–
a
a Category A interim maintenance assessment, where the information that is required by him as to the income of the absent parent to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that absent parent, and that parent has that information in his possession or can reasonably be expected to acquire it;
b
a Category B interim maintenance assessment, where the information that is required by him as to the income of the partner or other member of the family of the absent parent or parent with care to enable him to make an assessment in accordance with the provisions of Part I of Schedule 1 to the Act has not been provided by that partner or other member of the family, and that partner or other member of the family has that information in his possession or can reasonably be expected to acquire it.
.
3
In paragraph (2)–
a
for the word “an” there shall be substituted the words “a Category A”; and
b
after the words “not apply to” there shall be inserted the words “Category A”.
4
After paragraph (2) there shall be inserted the following paragraphs–
2A
The amount of child support maintenance fixed by a Category B interim maintenance assessment shall be determined in accordance with paragraphs (2B) and (2C).
2B
Where a child support officer is unable to determine the exempt income–
a
of an absent parent under regulation 9 of the Maintenance Assessments and Special Cases Regulations because he is unable to determine whether regulation 9(2) of those Regulations applies;
b
of a parent with care under regulation 10 of those Regulations because he is unable to determine whether regulation 9(2) of those Regulations, as modified by and applied by regulation 10 of those Regulations applies,
the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that–
i
in a case falling within sub-paragraph (a), regulation 9(2) of those Regulations does apply;
ii
in a case falling within sub-paragraph (b), regulation 9(2) of those Regulations as modified by and applied by regulation 10 of those Regulations does apply.
2C
Where the disposable income of an absent parent would, without taking account of the income of any member of his family, bring him within the provisions of paragraph 6 of Schedule 1 to the Act (protected income), and a child support officer is unable to ascertain the disposable income of the other members of his family, the amount of the Category B interim maintenance assessment shall be the maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act on the assumption that the provisions of paragraph 6 of Schedule 1 to the Act do not apply to the absent parent.
.
5
In paragraph (11) for the word “an” there shall be substituted the words “a Category A”.
6
In paragraph (12) after the words “not apply to” there shall be inserted the words “Category A”.
7
After paragraph (12) there shall be added the following paragraph–
13
In this regulation “family” and “partner” have the same meanings as in the Maintenance Assessments and Special Cases Regulations.
.
Amendment of regulation 9 of the Maintenance Assessment Procedure Regulations
4
1
Regulation 9 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “an interim maintenance assessment” there shall be substituted the words “a Category A interim maintenance assessment”.
3
In paragraph (8) after the words “Regulations 10, 11” there shall be inserted the words “, 24”.
Amendment of regulation 12 of the Maintenance Assessment Procedure Regulations
5
1
Regulation 12 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)–
a
for the words “section 17 or” where they first occur there shall be substituted the words “section 17 of the Act or to make an assessment or a fresh assessment following a review under section”.
b
for the comma at the end of sub-paragraph (c) there shall be substituted a semi- colon, and after sub-paragraph (c) there shall be inserted the following sub- paragraph–
d
where there is a refusal to make an assessment following a review under section 18 of the Act, the applicant,
.
3
In paragraph (2), for the full stop at the end of sub-paragraph (c) there shall be substituted a semi-colon, and after sub-paragraph (c) there shall be added the following sub-paragraph–
d
where there is a refusal to make an assessment following a review under section 18 of the Act, section 20 of the Act.
.
Amendment of regulation 16 of the Maintenance Assessment Procedure Regulations
6
In paragraph (a) of regulation 16 of the Maintenance Assessment Procedure Regulations, for the words “over the age of 12” there shall be substituted the words “who have attained the age of 12 years”.
Amendment of regulation 17 of the Maintenance Assessment Procedure Regulations
7
1
Regulation 17 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraphs (1) and (2) there shall be substituted the following paragraphs–
1
Subject to regulation 18(1), where a maintenance assessment in force is–
a
an assessment that has not been previously reviewed;
b
a fresh assessment following an earlier review under section 16 of the Act; or
c
a fresh assessment following a review under section 17 of the Act,
that assessment shall be reviewed by a child support officer under section 16 of the Act after it has been in force for a period of 52 weeks.
2
Where a maintenance assessment in force is a fresh assessment following a review under section 18 or 19 of the Act, that assessment shall be reviewed by a child support officer under section 16 of the Act after it has been in force for a period of 52 weeks less the period between the effective date of the previous assessment falling within paragraph (1) above and the effective date of the fresh assessment following the review under section 18 or 19 of the Act.
.
3
In paragraph (7)(a) for the words “a case is” there shall be substituted the words “the case is one”.
Amendment of regulation 19 of the Maintenance Assessment Procedure Regulations
8
1
Regulation 19 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for the words “paragraphs (3) and (4), and except where the circumstances set out in regulation 17(7) apply” there shall be substituted the words “paragraphs (3), (4) and (4A)”.
3
After paragraph (4) there shall be inserted the following paragraph–
4A
The provisions of paragraph (2) shall not apply in relation to a relevant person where–
a
the case is one prescribed in regulation 22 or 23 of the Maintenance Assessments and Special Cases Regulations as a case to be treated as a special case for the purposes of the Act;
b
there has been a review under section 16 or 17 of the Act in relation to another maintenance assessment in force relating to that person;
c
the child support officer concerned has notified that person of the assessments following that review not earlier than 13 weeks prior to the date the child support officer gives notice under paragraph (1); and
d
the child support officer has no reason to believe that there has been a change in that person’s circumstances.
.
Amendment of regulation 20 of the Maintenance Assessment Procedure Regulations
9
1
Regulation 20 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraphs (2) to (4)”.
3
After paragraph (3) there shall be added the following paragraph–
4
Where a child support officer on completing a review under section 17 of the Act determines that–
a
the absent parent is, by virtue of paragraph 5(4) of Schedule 1 to the Act, to be taken for the purposes of that Schedule to have no assessable income; or
b
the case falls within paragraph 7(2) of Schedule 1 to the Act,
he shall make a fresh maintenance assessment.
.
Amendment of regulation 24 of the Maintenance Assessment Procedure Regulations
10
1
Regulation 24 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (2) there shall be added the following paragraph–
3
Where–
a
a child support officer refuses an application for a maintenance assessment on the grounds of lack of jurisdiction;
b
the applicant makes no application at that stage for that refusal to be reviewed under section 18(1)(a) of the Act but applies to a court for a maintenance order in relation to the children concerned;
c
the court refuses to make a maintenance order on the grounds of lack of jurisdiction; and
d
the applicant then makes an application for the refusal mentioned in sub- paragraph (a) to be reviewed under section 18(1)(a) of the Act,
the date the applicant is notified of the court’s decision shall, for the purposes of paragraphs (1) and (2), be treated as the date of notification to the applicant of the decision whose review he seeks.
.
Insertion of regulation 26A into the Maintenance Assessment Procedure Regulations
11
After regulation 26 of the Maintenance Assessment Procedure Regulations there shall be inserted the following regulation–
Review under section 18 of the Act where parentage is an issue
26A
Where an applicant for a review under section 18 of the Act gives as one, but not the only, reason for making the application that–
a
the decision of which he seeks the review has been made on the basis that a particular person (whether the applicant or some other person) either is, or is not, a parent of a child in question; and
b
the decision should not have been made on that basis,
the Secretary of State shall treat the application as two applications, one relating solely to the issue of parentage and the other relating to all other matters giving rise to the application, and shall proceed accordingly.
.
Insertion of regulation 32A into the Maintenance Assessment Procedure Regulations
12
After regulation 32 of the Maintenance Assessment Procedure Regulations there shall be inserted the following regulation–
Cancellation of maintenance assessments made under section 7 of the Act where the child is no longer habitually resident in Scotland
32A
1
Where a maintenance assessment made in response to an application by a child under section 7 of the Act is in force and that child ceases to be habitually resident in Scotland, a child support officer shall cancel that assessment.
2
In any case where paragraph (1) applies, the assessment shall cease to have effect from the date that the child support officer determines is the date on which the child concerned ceased to be habitually resident in Scotland.
.
Amendment of regulation 40 of the Maintenance Assessment Procedure Regulations
13
In paragraph (3)(c) of regulation 40 of the Maintenance Assessment Procedure Regulations the words “, 10D” shall be omitted.
Amendment of regulation 42 of the Maintenance Assessment Procedure Regulations
14
1
Regulation 42 of the Maintenance Assessment Procedure Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)–
a
after the words “a direction is in force” there shall be inserted the words “or some other person”;
b
in sub-paragraph (a), for the word “her” where it first occurs there shall be substituted the words “the parent with care”; and
c
in sub-paragraph (b), for the word “she” there shall be substituted the words “the parent with care”.
3
In paragraph (2), after the words “a direction is in force” there shall be inserted the words “or some other person”.
4
After paragraph (2), there shall be inserted the following paragraphs–
2A
Where a direction is in force and the Secretary of State becomes aware that a question arises as to whether the welfare of a child is likely to be affected by the direction continuing to be in force, he shall refer the matter to a child support officer who shall conduct a review to determine whether the direction is to continue or is to cease to be in force.
2B
Where a direction is in force and a child support officer becomes aware that a question arises as to whether the welfare of a child is likely to be affected by the direction continuing to be in force, a child support officer shall conduct a review to determine whether the direction is to continue or is to cease to be in force.
.
5
In paragraphs (5) and (6), for the words “the parent concerned gave the reasons specified in paragraph (1)” there shall be substituted the words “the reasons specified in paragraph (1) were given”.
6
Paragraph (7) shall be omitted.
7
For paragraph (9) there shall be substituted the following paragraphs–
9
A parent with care who is aggrieved by a decision of a child support officer following a review may appeal to a child support appeal tribunal against that decision.
10
Sections 20(2) to (4) and 21 of the Act shall apply in relation to appeals under paragraph (9) as they apply in relation to appeals under section 20 of the Act.
11
A notification under paragraph (8) shall include information as to the provisions of paragraphs (9) and (10).
.
Amendment of regulation 51 of the Maintenance Assessment Procedure Regulations
15
In paragraph (1)(b) of regulation 51 of the Maintenance Assessment Procedure Regulations, after the words “Children Act 1989,” there shall be added the words “except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;”.
Addition of regulation 57 to the Maintenance Assessment Procedure Regulations
16
After regulation 56 of the Maintenance Assessment Procedure Regulations there shall be added the following regulation–
Action by the Secretary of State on receipt of an application under section 17 or 18 of the Act where a question as to the entitlement to benefit arises
57
1
Where an application for a review under section 17 or 18 of the Act has been made to the Secretary of State and he is of the opinion that the application gives rise to a question as to the entitlement to benefit of any person, he may disclose the information contained in that application to an adjudication officer or, in the case of housing benefit or council tax benefit, to an appropriate authority.
2
Where the Secretary of State discloses information under paragraph (1), he need not refer the application to a child support officer earlier than the expiration of a period of 28 days beginning with the date prescribed in paragraph (3).
3
The date prescribed for the purposes of paragraph (2) is the second day after the date the Secretary of State receives the application for a review under section 17 or 18 of the Act, excluding any Saturday, Sunday, or any day which is a bank holiday in England, Wales, Scotland or Northern Ireland under the Banking and Financial Dealings Act 1971 .
4
In this regulation–
a
“benefit” is to be construed in accordance with the benefit Acts;
b
“appropriate authority” means–
i
in relation to housing benefit, the housing or local authority concerned; and
ii
in relation to council tax benefit the billing authority or, in Scotland, the levying authority.
.
Amendment of paragraph 2 of Schedule 1 to the Maintenance Assessment Procedure Regulations
17
In paragraph 2 of Schedule 1 to the Maintenance Assessment Procedure Regulations, for the word “Technician” in both places where it occurs there shall be substituted the word “Technology”.
Amendment of paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations
18
In sub-paragraph (3) of paragraph 6 of Schedule 2 to the Maintenance Assessment Procedure Regulations, for the words “that child and all other children of the absent parent who are in her care” there shall be substituted the words “one or more children of the absent parent who are in her care, that application shall be treated as an application for a maintenance assessment with respect to all the children of the absent parent who are in her care, and”.
Amendment of regulation 1 of the Maintenance Assessments and Special Cases Regulations
19
1
Regulation 1 of the Maintenance Assessments and Special Cases Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2)–
a
in the definition of “course of advanced education” for the word “Technician” there shall be substituted the word “Technology”;
b
after the definition of “council tax benefit” there shall be inserted the following definition–
“couple” means a married or unmarried couple;
;
c
After the definition of “Income Support Regulations” there shall be inserted the following definitions–
i
““Independent Living (1993) Fund” means the charitable trust of that name established by a deed made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”; and
ii
““Independent Living (Extension) Fund” means the charitable trust of that name established by a deed made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;”;
d
for the definition of “relevant week” there shall be substituted the following definition–
“relevant week” means–
in relation to an application for child support maintenance–
in the case of the person making the application, the period of 7 days immediately preceding the date on which the appropri ate maintenance assessment application form (being an effective application within the meaning of regulation 2(4) of the Maintenance Assessment Procedure Regulations) is sub mitted to the Secretary of State;
in the case of a person to whom a maintenance assessment enquiry form is given or sent as the result of such an application, the period of 7 days immediately preceding the date on which that form is given to him or, as the case may be, the date on which it is treated as having been sent to him under regulation 1(6)(b) of the Maintenance Assessment Procedure Regulations;
in relation to a review of a maintenance assessment under section 16 or 17 of the Act, the period of 7 days immediately preceding the date on which a request is made for information or evidence under regulation 17(5) or, as the case may be, regulation 19(2) of the Maintenance Assessment Procedure Regulations;
; and
e
the definition of “the Independent Living Fund” shall be omitted.
3
After paragraph (2) of that regulation there shall be inserted the following paragraph–
2A
Where any provision of these Regulations requires the income of a person to be estimated and that or any other provision of these Regulations requires that the amount of such estimated income is to be taken into account for any purpose after deducting from it a sum in respect of income tax or of primary Class 1 contributions under the Contributions and Benefits Act or of contributions paid by that person towards an occupational or personal pension scheme, then–
a
the amount to be deducted in respect of income tax shall be calculated by applying to that income the rates of income tax applicable at the effective date less only the personal relief to which that person is entitled under Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 (personal relief); but if the period in respect of which that income is to be estimated is less than a year, the amount of the personal relief deductible under this sub-paragraph shall be calculated on a pro rata basis;
b
the amount to be deducted in respect of Class 1 contributions under the Contributions and Benefits Act shall be calculated by applying to that income the appropriate primary percentage applicable in the relevant week; and
c
the amount to be deducted in respect of contributions paid by that person towards an occupational or personal pension scheme shall be one-half of the sums so paid.
.
Amendment of regulation 9 of the Maintenance Assessments and Special Cases Regulations
20
In regulation 9(2)(c) of the Maintenance Assessments and Special Cases Regulations, after the words “calculated under regulation 7(1)” there shall be inserted the words “(but excluding the amount mentioned in sub-paragraph (d) of that regulation)”.
Amendment of regulation 10 of the Maintenance Assessments and Special Cases Regulations
21
At the end of regulation 10 of the Maintenance Assessments and Special Cases Regulations there shall be added the words “except that paragraphs (3) and (4) of that regulation shall apply only in a case where the parent with care shares day to day care of the child mentioned in those paragraphs with one or more other persons.”.
Amendment of regulation 15 of the Maintenance Assessments and Special Cases Regulations
22
In regulation 15(5) of the Maintenance Assessments and Special Cases Regulations, for the words “paragraph 63” there shall be substituted the words “paragraphs (1), (2) and (9) of regulation 63”, and for the words “that regulation” there shall be substituted the words “those paragraphs (disregarding any other provision of that regulation)”.
Amendment of regulation 22 of the Maintenance Assessments and Special Cases Regulations
23
For paragraph (4) of regulation 22 of the Maintenance Assessments and Special Cases Regulations there shall be substituted the following paragraph–
4
Where the aggregate of the child support maintenance payable by the absent parent is less than the minimum amount prescribed in regulation 13(1), the child support maintenance payable shall be–
a
that prescribed minimum amount apportioned between the two or more applications in the same ratio as the maintenance requirements in question bear to each other; or
b
where, because of the application of regulation 2(2), such an apportionment produces an aggregate amount which is different from that prescribed minimum amount, that different amount.
.
Amendment of regulation 27 of the Maintenance Assessments and Special Cases Regulations
24
In regulation 27(2) of the Maintenance Assessments and Special Cases Regulations, after the words “modified so” there shall be inserted the word “that”.
Insertion of regulation 27A into the Maintenance Assessments and Special Cases Regulations
25
After regulation 27 of the Maintenance Assessments and Special Cases Regulations there shall be inserted the following regulation–
Child who is allowed to live with his parent under section 23(5) of the Children Act 1989
27A
1
Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of his under section 23(5) of the Children Act 1989 , that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case, section 3(3)(b) of the Act shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the parent of a child whom the local authority allow the child to live with under section 23(5) of the Children Act 1989.
.
Amendment of regulation 28 of the Maintenance Assessments and Special Cases Regulations and insertion of Schedule 5
26
1
In paragraph (1) of regulation 28 of the Maintenance Assessments and Special Cases Regulations–
a
in sub-paragraph (b), after the words “(income support family premium)” there shall be inserted the words “and does not have day to day care of any child (whether or not a relevant child)”; and
b
in sub-paragraph (c), for the words “he does not satisfy the conditions for entitlement to” there shall be substituted the words “his income does not include”.
2
After paragraph (2) of that regulation there shall be inserted the following paragraphs–
3
Subject to paragraph (4), where an absent parent is liable under section 43 of the Act and this regulation to make payments in place of payments of child support maintenance with respect to two or more qualifying children in relation to whom there is more than one person with care, the prescribed amount mentioned in paragraph (2) shall be apportioned between the persons with care in the same ratio as the maintenance requirements of the qualifying child or children in relation to each of those persons with care bear to each other.
4
If, in making the apportionment required by paragraph (3), the effect of the application of regulation 2(2) would be such that the aggregate amount payable would be different from the amount prescribed in paragraph (2) the Secretary of State shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which she would have received if no adjustment had been made under this paragraph.
5
The provisions of Schedule 5 shall have effect in relation to cases to which section 43 of the Act and this regulation apply.
.
3
After Schedule 4 to the Maintenance Assessments and Special Cases Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.
Amendment of paragraph 3 of Chapter 2 of Part I of Schedule 1 to the Maintenance Assessments and Special Cases Regulations
27
1
In paragraph 3(3) of Chapter 2 of Part I of Schedule 1 to the Maintenance Assessments and Special Cases Regulations–
a
at the beginning there shall be inserted the words “Subject to sub-paragraph (7),”; and
b
at the beginning of each of heads (a) and (b) of sub-paragraph (3) there shall be inserted the words “except in a case to which paragraph 4 applies,”.
2
In sub-paragraph (5) of that paragraph, after the word “calculated” there shall be inserted the words “on the basis of chargeable earnings and”.
3
In sub-paragraph (6) of that paragraph, after the word “applicable” there shall be inserted the words “to the chargeable earnings”.
4
After sub-paragraph (6) of that paragraph there shall be inserted the following sub- paragraphs–
7
In the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 , sub-paragraph (3) shall have effect as though it requires a deduction from the earner’s gross receipts of an amount calculated by–
a
deducting from the gross receipts of the partnership or fishing boat the sums mentioned in heads (a) and (b) of that sub-paragraph; and
b
deducting from the earner’s share of the balance after such deductions the sums mentioned in heads (c) to (e) of that sub-paragraph;
8
In sub-paragraphs (5) and (6) “chargeable earnings” means the gross receipts of the employment less any deductions mentioned in sub-paragraph (3)(a) and (b).
.
Amendment of paragraph 23 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
28
For sub-paragraph (a) of paragraph 23 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations there shall be substituted the following sub- paragraph–
a
payments which are to be taken into account as eligible housing costs under sub- paragraphs (b), (c), (d) and (t) of paragraph 1 of Schedule 3 (eligible housing costs for the purposes of determining exempt income and protected income) and paragraph 3 of that Schedule (exempt income: additional provisions relating to eligible housing costs);
.
Amendment of paragraph 25 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
29
In sub-paragraph (a) of paragraph 25 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations, for the words “the amount referred to in regulation 9(1)(g)(i)” there shall be substituted the words “the aggregate of the amounts to be taken into account in the calculation of E under regulation 9(1)(g)”.
Amendment of paragraph 26 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
30
In paragraph 26 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations, for the words “regulation 9(1)(g)(i)” there shall be substituted the words “regulation 9(1)(g)”.
Substitution of paragraph 46 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations
31
For paragraph 46 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations there shall be substituted the following paragraph–
46
Except in the case of a self-employed earner, payments in kind.
.
Insertion of paragraphs 48A and 48B into Schedule 2 to the Maintenance Assessments and Special Cases Regulations
32
After paragraph 48 of Schedule 2 to the Maintenance Assessments and Special Cases Regulations there shall be inserted the following paragraphs–
48A
Any guardian’s allowance under Part III of the Contributions and Benefits Act. 48B.Any payment in respect of duties mentioned in paragraph 1(1)(i) of Chapter 1 of Part I of Schedule 1 relating to a period of one year or more.
.
Amendment of paragraph 1 of Schedule 3 to the Maintenance Assessments and Special Cases Regulations
33
In paragraph 1 of Schedule 3 to the Maintenance Assessments and Special Cases Regulations–
a
in sub-paragraph (d), after the word “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;”; and
b
sub-paragraph (s) shall be omitted.
Amendment of Schedule 4 to the Maintenance Assessments and Special Cases Regulations
34
In head (c) of Schedule 4 to the Maintenance Assessments and Special Cases Regulations, for the words “the Independent Living Fund” there shall be substituted the words “the Independent Living (1993) Fund or the Independent Living (Extension) Fund”.
Amendment of regulation 3 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
35
In paragraphs (4), (5) and (6) of regulation 3 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations after the words “review under section” there shall be inserted the words “16, 17,”.
Amendment of regulation 4 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
36
After paragraph (2) of regulation 4 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations there shall be added the following paragraph–
3
An absent parent who pays all outstanding arrears of interest within 28 days of the due date shall not be liable to make payments of interest with respect to those arrears.
.
Amendment of regulation 5 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
37
In regulation 5 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations for paragraphs (1) and (2) there shall be substituted the following paragraphs–
1
The Secretary of State may at any time enter into an agreement with an absent parent (an “arrears agreement”) for the absent parent to pay all outstanding arrears by making payments on agreed dates of agreed amounts.
2
Where an arrears agreement has been entered into, the Secretary of State shall prepare a schedule of the dates on which payments of arrrears shall be made and the amount to be paid on each such date, and shall send a copy of the schedule to such persons as he thinks fit.
.
Amendment of regulation 6 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
38
After paragraph (4) of regulation 6 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations there shall be added the following paragraph–
5
Where any calculation of interest payable under this Part of these Regulations results in a fraction of a penny, that fraction shall be disregarded.
.
Amendment of regulation 12 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
39
In regulation 12 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations paragraphs (3), (4) and (6) shall be omitted.
Amendment of regulation 13 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations
40
In regulation 13 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations–
a
in paragraphs (1) and (2) the words “or (3)” shall be omitted;
b
paragraph (5) shall be omitted; and
c
in paragraph (6) for the words “paragraphs (2) to (5)” there shall be substituted the words “paragraphs (2) to (4)”.
Amendment of regulation 8 of the Collection and Enforcement Regulations
41
In sub-paragraph (c) of paragraph (5) of regulation 8 of the Collection and Enforcement Regulations, for the word “lumps” there shall be substituted the word “lump”.
Amendment of regulation 24 of the Collection and Enforcement Regulations
42
In regulation 24(2) of the Collection and Enforcement Regulations, in the definition of “Attachment of earnings order”, at the end there shall be inserted the words “or under regulation 37 of the Council Tax (Administration and Enforcement) Regulations 1992”.
Amendment of regulation 29 of the Collection and Enforcement Regulations
43
In regulation 29(4) of the Collection and Enforcement Regulations, for the words “Part I” there shall be substituted the words “Part II”.
Amendment of regulation 2 of the Collection and Enforcement of Other Forms of Maintenance Regulations
44
In regulation 2(b) of the Collection and Enforcement of Other Forms of Maintenance Regulations, after the words “maintenance order” there shall be inserted the words “or, in Scotland, registered minutes of agreement”.
Amendment of regulation 7 of the Maintenance Arrangements and Jurisdiction Regulations
45
After paragraph (3) of regulation 7 of the Maintenance Arrangements and Jurisdiction Regulations there shall be added the following paragraph–
4
Where a parent is treated as an absent parent for the purposes of the Act and of the Maintenance Assessments and Special Cases Regulations by virtue of regulation 20 of those Regulations, he shall be treated as an absent parent for the purposes of paragraphs (1) to (3).
.
Amendment of regulation 8 of the Maintenance Arrangements and Jurisdiction Regulations
46
In regulation 8 of the Maintenance Assessments and Jurisdiction Regulations–
a
in paragraph (1), after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
the maintenance order has ceased to have effect by virtue of the provisions of regulation 3;
; and
b
in paragraph (2)–
i
after sub-paragraph (a) there shall be inserted the following sub-paragraph–
aa
the maintenance assessment is cancelled or ceases to have effect;
; and
ii
after the words “shall be treated as not having been cancelled” there shall be inserted the words “or, as the case may be, as not having ceased to have effect”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
29th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1993 and shall come into force on 6th July 1993.
Amendment of Regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended —
a
in regulation 2 (1) (interpretation), by the insertion, after the definition of “the 1992 Act” of the following —
“the 1993 Act ” means the Non-Domestic Rating Act 1993;
; and
b
by the insertion, after paragraph 7B of the Schedule, of the following paragraph —
7C
If —
a
the demand notice has been served on a ratepayer by the Secretary of State;
b
the Secretary of State’s estimate under regulation 6(1) for the purposes of the notice was made before the coming into force of section 1 of the 1993 Act; and
c
the estimate is, in consequence of that Act, shown to be false;
paragraphs 7A and 7B shall apply as if for references to the 1992 Act and to sections 1 to 3 of the 1992 Act there were substituted references to the 1993 Act and to section 1 of the 1993 Act and, in particular, as if for the statement mentioned in paragraph 7A(4) there were substituted the following statement —
This notice takes account of savings on your rates bill announced in the Budget and made by the Non-Domestic Rating Act 1993.
.
John Selwyn Gummer
Secretary of State for the Environment
10th June 1993
John Redwood
Secretary of State for Wales
14th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral Community Healthcare 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 Wirral Community Healthcare 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 Wirral Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Victoria Central Hospital, Mill Lane, Wallasey, Wirral, Merseyside L44 5UP 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 Wirral 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 Wirral 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 Wirral 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 St Peter’s Hospital 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 North West Surrey Health Authority;
“the Trust” means the St Peter’s 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 10th May 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


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Legal Advice and Assistance (Amendment) Regulations 1993 and shall come into force on 12th April 1993.
2
These Regulations shall apply to applications for advice and assistance made on or after 12th April 1993.
3
Applications for advice and assistance made before 12th April 1993 shall be treated as if these Regulations had not come into force.
Interpretation
2
In these Regulations a regulation or Schedule referred to by number alone means a regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989 .
Amendment of the Legal Advice and Assistance Regulations 1989
3
In the Arrangement of Regulations for the heading to regulation 12 there shall be substituted “Contributions”.
4
In regulation 3 —
a
the definition of disability working allowance shall be amended by substituting for “section 20(6A) of the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992” ;
b
the definition of family credit shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”;
c
the definition of income support shall be amended by substituting for “the Social Security Act 1986” the words “the Social Security Contributions and Benefits Act 1992”.
5
In regulation 11 —
a
for the words in paragraph (1) from “the highest” to “Schedule 3” there shall be substituted “£61”;
b
for the words in paragraph (2) from “the highest” to “Schedule 3” there shall be substituted “£147”.
6
For regulation 12 there shall be substituted the following regulation: —
Contributions
12
1
A client shall be liable to pay weekly contributions towards the cost of ABWOR if his weekly disposable income exceeds £61 but does not exceed £147.
2
The amount of any contribution under paragraph (1) shall be one third of the amount by which his weekly disposable income exceeds £61.
3
The period during which contributions shall be payable shall start on the date of approval of ABWOR and shall continue until the conclusion of the proceedings to which ABWOR related or until ABWOR is withdrawn.
4
For ABWOR to which Part III of the Act applies by virtue of regulation 7(1)(b) or 8 of the Scope Regulations, a client shall be liable (subject to paragraphs (1), (2) and (5) of this regulation) to pay one week’s contribution towards the cost of ABWOR.
5
A client whose weekly disposable income does not exceed £61 is not liable to pay any contribution under section 9(6) of the Act.
.
7
In regulation 13 —
a
the heading to the regulation shall be amended by deleting the word “maximum”;
b
for the words in paragraph (2) from “the lowest sum” to “Schedule 3” there shall be substituted “the sum for the time being specified in regulation 11(1)”;
c
for paragraph (4) there shall be substituted the following paragraph: —
4
The solicitor shall also determine in accordance with the provisions of regulation 12 the weekly contribution, if any, payable to him by the client under section 9(6) of the Act.
.
8
In regulation 28 —
a
for paragraph (1) there shall be substituted the following paragraphs: —
1
Where a client is required to pay contributions, the solicitor may collect them in weekly instalments or by such other periodic instalments as may be agreed between him and the client.
1A
Where the total contribution is likely to exceed the cost of giving ABWOR, the solicitor shall not require the client to pay a sum higher than would be expected to defray his reasonable costs.
;
b
in paragraph (2) for “advice and assistance” there shall be substituted “ABWOR”.
9
In Schedule 2 paragraph 9 —
a
in paragraph (i) of sub-paragraph (b) for the words from “25 per cent.” to “pension” there shall be substituted “the difference between the income support allowance for a couple where both members are aged not less than 18 (which is specified in column 2 of paragraph 1(3)(c) of Schedule 2 Part I of the Income Support (General) Regulations 1987) , and the allowance for a single person aged not less than 25, (which is specified in column 2 of paragraph 1(1)(e) of Schedule 2 Part I of those Regulations)”;
b
in paragraph (ii) of sub-paragraph (b) the words “25 per cent. above” shall be omitted.
10
In Schedule 2 immediately after paragraph 9 there shall be inserted the following paragraph: —
9A
In computing disposable income the following payments made under the Social Security Contributions and Benefits Act 1992 shall be disregarded:
a
disability living allowance;
b
attendance allowance paid under section 64 or Schedule 8 paragraphs 4 or 7(2);
c
constant attendance allowance paid under section 104 as an increase to a disablement pension; or
d
any payment made out of the social fund.
.
11
In Schedule 2 paragraph 11 the word “maximum” in both places in which it appears shall be omitted.
12
Schedule 3 shall be omitted.
Mackay of Clashfern, C.
Dated 11th March 1993
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 17th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Learning for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993 and shall come into force on 16th August 1993.
2
In this Order “Programme” means the Learning for Work Scottish Enterprise Programme or the Learning for Work Highlands and Islands Enterprise Programme.
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 a Programme shall be treated as not being employed but as participating in arrangements for training under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 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 a Programme shall not be treated as earnings for the purposes of Part I of the Social Security Contributions and Benefits Act 1992( ).
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
23rd July 1993


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 and shall come into force on 27th December 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“approved” in relation to a retirement benefits scheme, means approved by the Board for the purposes of Chapter I of Part XIV of the Taxes Act or before the Board in order for them to decide whether to give approval under section 591;
“benefit certificate” means the certificate referred to in regulation 5(3)(a);
“the Board” means the Commissioners of Inland Revenue;
“contributor”, in relation to a retirement benefits scheme, means a person who has at any time contributed to the scheme;
“death benefit scheme” means a retirement benefits scheme which provides benefit only on the employee’s death;
“freestanding additional voluntary contributions scheme” means a retirement benefits scheme–
to which a relevant employer of an employee who contributes to the scheme is not a contributor, and
which provides benefits additional to those provided by an approved retirement benefits scheme to which a relevant employer is a contributor or by a relevant statutory scheme;
“leading scheme”, in relation to an employee, means–
where the employee has paid voluntary contributions to a main scheme or any other scheme established by a relevant employer of the employee or to which a relevant employer is a contributor, that main scheme, and
in all other cases, the freestanding additional voluntary contributions scheme from which the main scheme last received a notification in respect of the employee in accordance with regulation 4(2);
“main scheme”, in relation to an employee who is a contributor to a freestanding additional voluntary contributions scheme in respect of service with a relevant employer, means–
the retirement benefits scheme to which a relevant employer is a contributor and which provides benefits which are supplemented by those provided to the employee by the freestanding additional voluntary contributions scheme; or
where there is more than one such retirement benefits scheme, the scheme which provides benefits which are supplemented by those provided by the other schemes;
“notice” means notice in writing and “notify” shall be construed accordingly;
“relevant date” has the meaning given by regulation 5(5)(c);
“relevant employer”, in relation to an employee, means–
the current employer of that employee or, where he has more than one current employer, any of those current employers who are associated, and
any of two or more associated employers successively of that employee of whom one is that current employer, or one of those associated current employers, and
either of two employers successively of that employee, where one is that current employer, or one of those associated current employers, and one–
has acquired the other, or
has taken over the whole or part of the business of the other, and
any of two or more employers successively of that employee, where one is that current employer, or one of those associated current employers, and the Board have agreed that service with each of the employers may be regarded as continuous pensionable service;
“section 591” means section 591 of the Taxes Act;
“simplified defined contribution scheme” means a retirement benefits scheme approved by the Board under section 591 by reference to limitations on–
the aggregate amount of contributions which may be paid by a member and his employer,
the maximum lump sum which may be provided under the scheme, and
the benefits payable on death which may be provided under the scheme;
“surplus funds” has the meaning given by regulation 6(2)(d);
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
In these Regulations–
a
references to an employee include references to a deceased employee of an employer and to a person who has been an employee of an employer;
b
references to an employer include references to a person who was an employer of a deceased employee and to a person who has been an employer of an employee;
c
references to a current employer include references to a person who was an employer of a deceased employee at the time of his death;
d
references to a relevant statutory scheme shall be construed in accordance with section 611A of the Taxes Act as if they were references in Chapter I of Part XIV of that Act.
3
For the purposes of this regulation an employer is associated with another employer if (directly or indirectly) one is controlled by the other or if both are controlled by a third person.
4
In paragraph (3) the reference to control–
a
in relation to an employer which is a body corporate and a close company within the meaning of section 414 of the Taxes Act , shall be construed in accordance with section 416 of that Act , and
b
in relation to any employer which is a body corporate other than one mentioned in sub–paragraph (a) above or a partnership, shall be construed in accordance with section 840 of that Act;
and the like definition to that in the said section 840 shall apply (with the necessary modifications) in relation to an employer which is an unincorporated association as that definition applies to a body corporate.
Introductory
3
These Regulations–
a
are made for the purposes of section 591;
b
restrict the Board’s discretion to approve retirement benefits schemes which are not simplified defined contribution schemes or death benefit schemes by reference to the circumstances in which surplus funds arising from the payment of additional voluntary contributions may be repaid to employees;
c
specify the method to be used for calculating the amount of surplus funds.
Restrictions on discretion to approve — freestanding additional voluntary contributions schemes
4
1
The Board shall not exercise their discretion under section 591 to approve a retirement benefits scheme which is a freestanding additional voluntary contributions scheme unless the rules of the scheme provide that the administrator of the scheme shall comply with the requirements of this regulation and, where the scheme is the leading scheme in relation to an employee, with the requirements of regulation 6 so far as they concern freestanding additional voluntary contributions schemes.
2
The administrator of the scheme shall–
a
when contributions are first paid to the scheme by an employee to whom benefits are accruing under the main scheme in relation to that employee, and
b
when contributions are first paid by an employee under the scheme following a change of employment as a result of which benefits are accruing to the employee under a different main scheme in relation to that employee, and
c
when the scheme receives a transfer value in respect of an employee from another freestanding additional voluntary contributions scheme and part of that transfer value represents contributions paid during the period that benefits were accruing under the main scheme in relation to the employee,
notify the administrator of that main scheme of the event in question and of the account number of the employee in the scheme within a period of 60 days following receipt by him of the relevant information.
3
The administrator of the scheme shall keep a separate record of the funds held for the purposes of paying benefits by virtue of the employee’s contributions during each period that benefits are accruing under a different main scheme.
4
The administrator of the scheme shall not pay any benefit, nor make any repayment of surplus funds to an employee or his personal representative, unless he has received a benefit certificate in respect of that employee from the administrator of the main scheme or, where the scheme is not the leading scheme in relation to the employee, an authorisation from the administrator of that leading scheme.
5
Any payment which is to be made by the administrator of the scheme to or for the benefit of an employee or his personal representative to which section 599A of the Taxes Act applies–
a
shall be made as soon as possible following receipt of notice from the leading scheme in relation to the employee of the benefits which may be paid by the scheme;
b
shall be accompanied by a certificate signed by the administrator making the payment showing the amount which, after deduction of income tax at the basic rate for the year of assessment in which the repayment is made, would equal the amount paid to the employee or his personal representative, being the amount which the employee or the personal representative will be required to include in the return of his or the employee’s income for that year of assessment.
6
Where a transfer of accumulated funds is made to another freestanding additional voluntary contributions scheme the administrator of the scheme shall notify the administrator of the main scheme of the date of the transfer within the period of 60 days following that date.
7
As soon as possible after–
a
any change in the name or address of the administrator of the scheme, or
b
the appointment of a new administrator of the scheme,
the administrator of the scheme shall notify his name and address to the administrator of the main scheme.
Restriction on discretion to approve — other schemes
5
1
The Board shall not exercise their discretion under section 591 to approve a retirement benefits scheme, which is not a freestanding additional voluntary contributions scheme, unless the rules of the scheme provide that the administrator of the scheme shall comply with the requirements of this regulation and, where the scheme is the leading scheme in relation to an employee, with the requirements of regulation 6 so far as they concern main schemes.
2
The administrator of the scheme shall keep for the period of six years following the year of assessment in which the relevant date occurred a record of–
a
any information notified to him by the administrator of a freestanding additional voluntary contributions scheme providing benefits to an employee which are additional to those provided by the scheme as to–
i
the name of that scheme and the name and address of the administrator of that scheme, and
ii
the account number of the employee in that scheme; and
b
any information notified to him by the administrator of the leading scheme in relation to an employee as to the kinds and the amounts of benefits that have been secured under every freestanding additional voluntary contributions scheme which provides benefits to the employee which are additional to those provided by the scheme.
3
Where the scheme is the main scheme in relation to an employee, but is not the leading scheme in relation to that employee, the administrator of the scheme shall–
a
within the period of 30 days following receipt by him of information that the relevant date has passed, provide the administrator of the leading scheme with a certificate showing the information specified in paragraph (4); and
b
at the same time notify the administrator of any other approved freestanding additional voluntary contributions scheme providing benefits which are additional to those provided by the scheme that a benefit certificate has been provided to the administrator of the leading scheme in relation to the employee.
4
The information specified in this paragraph is–
a
the amount of pension and pension equivalent which is payable to the employee, or which will be so payable in the first year for which the pension is payable (on the assumptions that the employee survives to the end of that year and that pension equivalent is, or will be, payable as such) under every scheme established by a relevant employer of the employee or to which a relevant employer is a contributor;
b
the amount of pension which is or will be payable to the widow or widower of the employee in the first year following the death of the employee under every scheme established by a relevant employer of the employee or to which a relevant employer is a contributor;
c
the percentage by which the amounts of pension referred to in sub–paragraphs (a) and (b) may be increased annually under the rules of the scheme or, where the rules of the schemes do not provide for increases by a specific percentage each year, the average of the percentages by which pensions payable under the schemes referred to in those sub–paragraphs have been increased in each of the three years preceding the relevant date;
d
the maximum amount of pension and pension equivalent which can be paid to the employee in the circumstances described in sub–paragraph (a);
e
the maximum amount of pension which can be paid to the widow or widower of the employee in the circumstances described in sub–paragraph (b);
f
in relation to the maximum amount referred to in sub–paragraph (d), the details of the calculation of that amount and, in particular, whether in calculating that amount he has taken final remuneration to be–
i
the amount of annual remuneration on which the scheme benefits are calculated, or
ii
the highest amount of annual remuneration on which, under the rules of the scheme, benefits could be calculated, or
iii
the average of the total amounts of emoluments paid by a relevant employer to the employee during each of the last three years of assessment from which tax was deducted in accordance with the Income Tax (Employments) Regulations 1973 or the Income Tax (Employments) Regulations 1993 , disregarding in calculating those total amounts in relation to an employee to whom section 590C of the Taxes Act applies any excess over the permitted maximum for the year in question which is found for the purposes of that section;
g
where the relevant date is the date of the employee’s death, instead of the amount referred to in sub–paragraph (a) and the maximum amount referred to in sub–paragraph (d), the amount of any benefit consisting of a lump sum payable in that event and the maximum amount of that benefit.
5
In this regulation–
a
“pension” means any amount payable by way of a pension or an annuity before any option is exercised to commute any part of that pension or annuity into a lump sum, or to allocate any such part to another person;
b
“pension equivalent” means the additional amount that would be payable as an annuity if every twelve pounds payable by way of a lump sum under the rules of the scheme (otherwise than by commutation) were payable as an additional annuity of one pound (any amount left over being treated as an annuity of one pound);
c
“the relevant date” means the date on which–
i
benefits cease to accrue to the employee under an approved retirement benefits scheme to which a relevant employer of the employee is a contributor, otherwise than by reason of his unpaid absence, and are not continuing to accrue to him under any other scheme to which a relevant employer is a contributor, or
ii
benefits become payable to the employee under an approved retirement benefits scheme to which a relevant employer of the employee is a contributor, or
iii
the employee dies,
whichever occurs first;
d
“scheme” in sub–paragraphs (a) and (b) of paragraph (4) means–
i
an approved retirement benefits scheme; or
ii
a relevant statutory scheme.
6
The administrator of the scheme shall–
a
notify the administrator of the leading scheme in relation to an employee of any information notified to him as to–
i
the name of any other approved freestanding additional voluntary contributions scheme providing benefits additional to those provided by the scheme and the name and address of the administrator of the scheme, and
ii
the account number of the employee in that scheme; and
b
notify the administrator of every approved freestanding additional voluntary contributions scheme providing benefits additional to those provided by the scheme of any change in his name or address.
7
As soon as possible following his appointment, any new administrator of the scheme shall notify his name and address to the administrator of every approved freestanding additional voluntary contributions scheme providing benefits additional to those provided by the scheme.
Calculation of surplus funds
6
1
As soon as possible following receipt of the benefit certificate or, where the leading scheme is the main scheme in relation to the employee, as soon as possible after the relevant date referred to in regulation 5(3), the administrator of the leading scheme in relation to the employee (“the leading administrator”) shall calculate, in relation to each kind of benefit to be provided by every approved freestanding additional voluntary contributions scheme which, in return for contributions paid while the employee was a member of the main scheme, provides benefits which are additional to those provided by the main scheme, the amount (if any) of any over–provision in relation to that kind of benefit at that relevant date.
2
Where that calculation shows that there is an over–provision in relation to that kind of benefit, the leading administrator shall notify the employee or his personal representative that he may elect within the period of three months following the date of the notification to use the over–provision–
a
to have a benefit provided of a kind not already provided by the scheme, or
b
in the case of a benefit consisting of a pension, to have the pension increased annually by reference to increases not exceeding the increases in the general index of retail prices (for all items) published by the Central Statistical Office of the Chancellor of the Exchequer or at a rate not exceeding the rate of three per cent. with yearly rests, or
c
to have the benefit increased by taking final remuneration to be another of the amounts referred to in regulation 5(4)(f), or
d
to have the amount of the accumulated funds of the scheme which, in the opinion of the leading administrator, are not required to secure payment of that kind of benefit (in this regulation referred to as “surplus funds”) repaid to him, or
e
to have any combination of those courses followed.
3
If, at the end of the period of three months referred to in paragraph (2), the employee or his personal representative has not notified the leading administrator that he has elected to use the over–provision in one of the ways described in sub–paragraphs (a) to (e) of that paragraph, the leading administrator shall assume that he has elected to use it in the way described in sub–paragraph (d) of that paragraph.
4
As soon as possible after notification to him of any election to use the over– provision in one of the ways described in sub–paragraphs (a) to (e) of paragraph (2), or after the expiry of the period of three months referred to in that paragraph, the leading administrator shall notify the administrator of each freestanding additional voluntary contributions scheme referred to in paragraph (1) of the amount of that kind of benefit which is to be provided under that scheme and that any surplus funds are to be repaid to the employee or his personal representative.
5
Where the leading scheme in relation to the employee is a freestanding additional voluntary contributions scheme, the leading administrator shall notify the administrator of the main scheme of the total amount of each kind of benefit which is to be provided under every freestanding additional voluntary contributions scheme to which the employee has contributed in respect of an employment with a relevant employer.
6
For the purposes of this regulation there is an over–provision in relation to a kind of benefit where–
a
in the case of a benefit consisting of a pension where a lump sum is not also payable otherwise than by commutation, the amount of pension which is payable to the employee or will be so payable in the first year for which it is payable (on the assumption that the employee survives to the end of that year) under–
i
every scheme established by a relevant employer of the employee or to which a relevant employer is a contributor, and
ii
every approved freestanding additional voluntary contributions scheme to which the employee has contributed in respect of an employment with a relevant employer,
exceeds the amount certified under regulation 5(3), or calculated by the leading administrator, to be the maximum amount of pension which can be paid in that year under the main scheme in relation to that employee;
b
in the case of a benefit consisting of a pension and a lump sum which is payable otherwise than by commutation, the amount of pension and pension equivalent which is payable to the employee, or will be so payable in the first year for which the pension is payable (on the assumptions that the employee survives to the end of that year and that pension equivalent is, or will be, payable as such) under every scheme referred to in paragraphs (i) and (ii) of sub–paragraph (a) exceeds the amount certified under regulation 5(3), or calculated by the leading administrator, to be the maximum amount of pension and pension equivalent which can be paid under the main scheme in relation to the employee;
c
in the case of a benefit consisting of a pension which is, or will be, payable to the widow or widower of the employee, the amount of pension which is or will be payable in the first year following the death of the employee under every scheme referred to in paragraphs (i) and (ii) of sub–paragraph (a) exceeds the amount which can be certified under regulation 5(4)(e) as the maximum amount of pension which can be paid to the widow or widower of that employee;
d
in the case of a benefit consisting of a lump sum payable on the death of the employee, the amount payable under every scheme referred to in paragraphs (i) and (ii) of sub–paragraph (a) exceeds the amount which can be certified under regulation 5(4)(g) as the maximum amount which can be paid.
7
In paragraph (6), “pension” and “pension equivalent” have the meanings given by regulation 5(5)(a) and (b) respectively and in sub–paragraph (a)(i) of that paragraph “scheme” has the meaning given by regulation 5(5)(d).
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
3rd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No.2) Order 1993 and shall come into force at 16.00 hours on 27th January 1993.
2
In this Order —
“relevant time” means one minute past midnight on 27th January 1993.
Designated circumstances
2
In the opinion of the Secretary of State fish in the area designated in article 3 below may be affected by oil or other chemical substances which are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for and take fish in the designated area.
Prohibited movement of fish
5
No person shall move any fish out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any fish taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any fish which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any fish which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
Revocation
7
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) Order 1993 is hereby revoked.
I.W. Gordon
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
27th January 1993


text:
This Order may be cited as the South Wales Police (Amalgamation) (Amendment) (No. 2) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
17th May 1993