text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1993 and shall come into force on 4th October 1993.
2
In these Regulations —
a
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation) —
a
after the definition of “Crown tenant” there shall be inserted the following definition —
“date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 72 (time and manner in which claims are to be made);
;
b
after the definition of “married couple” there shall be inserted the following definition —
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
.
Amendment of regulation 4 of the Housing Benefit Regulations
3
At the end of regulation 4 of the Housing Benefit Regulations (remunerative work) there shall be added the following paragraph —
6
A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 15 of the Housing Benefit Regulations
4
1
Regulation 15 of the Housing Benefit Regulations (circumstances in which a person is to be treated as being or not being a member of the household) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “where any of them is absent from the dwelling occupied as his home” there shall be substituted the words “notwithstanding that any of them is temporarily living away from the other members of his family”.
3
For paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) shall not apply to a person who is living away from the other members of his family where —
a
that person does not intend to resume living with the other members of his family; or
b
his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.
.
Amendment of regulation 16 of the Housing Benefit Regulations
5
In regulation 16(b) of the Housing Benefit Regulations (applicable amounts) for the words “except where otherwise provided” there shall be substituted the words “except as provided in regulation 36(5) (modifications in respect of child and young person)”.
Amendment of regulation 17 of the Housing Benefit Regulations
6
In regulation 17(c) of the Housing Benefit Regulations (polygamous marriages) for the words “except where otherwise provided,” there shall be substituted the words “, except as provided in regulation 36(5) (modifications in respect of child and young person),”.
Amendment of regulation 23 of the Housing Benefit Regulations
7
In regulation 23(1) of the Housing Benefit Regulations (average weekly earnings of self-employed earners) for the words “52 weeks” there shall be substituted the words “a year”.
Amendment of regulation 28 of the Housing Benefit Regulations
8
In regulation 28(1) of the Housing Benefit Regulations (earnings of employed earners) for sub-paragraphs (h) and (i) there shall be substituted the following sub-paragraphs —
h
any such sum as is referred to in section 112 of the Contributions and Benefits Act (certain sums to be earnings for social security purposes);
i
any statutory sick pay or statutory maternity pay, or a corresponding payment under any enactment having effect in Northern Ireland;
j
any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 32 of the Housing Benefit Regulations
9
In regulation 32(2) of the Housing Benefit Regulations (deduction of tax and contributions for self-employed earners) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
.
Amendment of regulation 33 of the Housing Benefit Regulations
10
In regulation 33(1) of the Housing Benefit Regulations (calculation of income other than earnings) for the words “regulation 34 (capital treated as income)” there shall be substituted the words “regulation 34 (capital treated as income) or 36 (modifications in respect of child and young person)”.
Amendment of regulation 36 of the Housing Benefit Regulations
11
1
Regulation 36 of the Housing Benefit Regulations (modifications in respect of child and young person) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”;
3
In paragraph (2) —
a
after the words “Chapter VI ” there shall be inserted the words “of this Part”;
b
for the words “except where otherwise provided” there shall be substituted the words “except as provided in paragraph (5)”.
4
After paragraph (4) there shall be added the following paragraph —
5
There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of claim or, in the case of a review, at the date of any subsequent review, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, would exceed £3,000.
.
Amendment of Schedule 2 to the Housing Benefit Regulations
12
1
Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph 13(3)(b) (conditions relating to severe disability premium) shall be omitted.
3
In paragraph 14(a) (disabled child premium) —
a
for the words “Part VI” there shall be substituted the words “Chapter VI of Part VI (income and capital)”;
b
for the words “except where otherwise provided,” there shall be substituted the words “, except as provided in regulation 36(5) (modifications in respect of child and young person),”.
Amendment of Schedule 3 to the Housing Benefit Regulations
13
1
Schedule 3 to the Housing Benefit Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
where —
i
the employment has been terminated because of retirement, and
ii
on retirement he is entitled to a retirement pension under the Contributions and Benefits Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,
any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;
aa
where before the date of claim the employment has been terminatedotherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 28(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;
b
where at the date of claim —
i
the employment has not been terminated, but
ii
the claimant is not engaged in remunerative work,
any earnings in respect of that employment except earnings to which regulation 28(1)(d), (e), (i) and (j) applies.
.
3
For paragraph 2 there shall be substituted the following paragraph —
2
In the case of a claimant who, before the date of claim —
a
has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and
b
has ceased to be engaged in that employment, whether or not that employment has been terminated,
any earnings in respect of that employment except —
i
where that employment has been terminated, earnings to which regulation 28(1)(e) applies;
ii
where that employment has not been terminated, earnings to which regulation 28(1)(e), (i) and (j) applies.
.
4
In paragraph 3(1) after the words “In a case to which this paragraph applies” there shall be inserted the words “and paragraph 4 does not apply”.
5
In paragraph 5 for the words “paragraphs 3, 4A and 4B” there shall be substituted the words “paragraphs 3, 4A, 4B and 6 ”.
6
In paragraph 14 —
a
after the words “earnings of a” there shall be inserted the words “child or”;
b
for the words “section 2 of the Child Benefit Act 1975” there shall be substituted the words “section 142 of the Contributions and Benefits Act” .
Amendment of Schedule 4 to the Housing Benefit Regulations
14
In paragraph 14(a) of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) after the words “such a pension” there shall be added the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 7 or 8”.
Amendment of Schedule 5 to the Housing Benefit Regulations
15
1
Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 21 for the words “regulation 34 or 57A (capital treated as income or treatment of student loans)” there shall be substituted the words “regulation 34, 36(5) or 57A (capital treated as income, modifications in respect of child and young person, treatment of student loans)”.
3
In paragraph 33 for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment or, if the payment is less than £200, the whole of any payment”.
Amendment of regulation 2 of the Council Tax Benefit Regulations
16
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) —
a
after the definition of “council tax benefit” there shall be inserted the following definition —
“date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 62 (time and manner in which claims are to be made);
;
b
after the definition of “married couple” there shall be inserted the following definition —
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978 ;
.
Amendment of regulation 4 of the Council Tax Benefit Regulations
17
At the end of regulation 4 of the Council Tax Benefit Regulations (remunerative work) there shall be added the following paragraph —
6
A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 8 of the Council Tax Benefit Regulations
18
In regulation 8(b) of the Council Tax Benefit Regulations (applicable amounts) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.
Amendment of regulation 9 of the Council Tax Benefit Regulations
19
In regulation 9(c) of the Council Tax Benefit Regulations (polygamous marriages) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.
Amendment of regulation 15 of the Council Tax Benefit Regulations
20
In regulation 15(1) of the Council Tax Benefit Regulations (average weekly earnings of self-employed earners) for the words “52 weeks” there shall be substituted the words “a year”.
Amendment of regulation 19 of the Council Tax Benefit Regulations
21
In regulation 19(1) of the Council Tax Benefit Regulations (earnings of employed earners) for sub-paragraph (i) there shall be substituted the following sub-paragraphs —
i
any statutory sick pay or statutory maternity pay, or a corresponding payment under any enactment having effect in Northern Ireland;
j
any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave or is absent from work because he is ill.
.
Amendment of regulation 23 of the Council Tax Benefit Regulations
22
In regulation 23(2) of the Council Tax Benefit Regulations (deduction of tax and contributions for self-employed earners) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Contributions and Benefits Act 1992 at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro rata; and
b
the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the assessment period is less than a year, those limits shall be reduced pro rata.
.
Amendment of regulation 24 of the Council Tax Benefit Regulations
23
In regulation 24(1) of the Council Tax Benefit Regulations (calculation of income other than earnings) for the words “regulation 25 (capital treated as income)” there shall be substituted the words “regulation 25 (capital treated as income) or 27 (modifications in respect of child or young person)”.
Amendment of regulation 27 of the Council Tax Benefit Regulations
24
1
Regulation 27 of the Council Tax Benefit Regulations (modifications in respect of child or young person) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “the foregoing provisions” there shall be substituted the words “Chapters I to V”;
3
In paragraph (2) —
a
after the words “Chapter VI” there shall be inserted the words “of this Part”;
b
after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in paragraph (5),”.
4
After paragraph (4) there shall be added the following paragraph —
5
There shall be treated as income any capital of a child or young person payable to him by instalments, one or more of which is outstanding at the date of claim or, in the case of a review, at the date of any subsequent review, where the instalment or aggregate of all the instalments outstanding at that date, taken together with the amount of that child’s or young person’s other capital calculated in accordance with Chapter VI of this Part in like manner as for the claimant, would exceed £3,000.
.
Amendment of Schedule 1 to the Council Tax Benefit Regulations
25
1
Schedule 1 to the Council Tax Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph 14(3)(b) (conditions relating to severe disability premium) shall be omitted.
3
In paragraph 15(a) (disabled child premium) after the words “in like manner as for the claimant” there shall be inserted the words “, except as provided in regulation 27(5) (modifications in respect of child or young person),”.
Amendment of Schedule 3 to the Council Tax Benefit Regulations
26
1
Schedule 3 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
where —
i
the employment has been terminated because of retirement, and
ii
on retirement he is entitled to a retirement pension under the Contributions and Benefits Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,
any earnings in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;
aa
where before the date of claim the employment has been terminated otherwise than because of retirement, any earnings in respect of that employment except earnings to which regulation 19(1)(b) to (e), (g) and (h) (earnings of employed earners) applies;
b
where at the date of claim —
i
the employment has not been terminated, but
ii
the claimant is not engaged in remunerative work,
any earnings in respect of that employment except earnings to which regulation 19(1)(d), (e), (i) and (j) applies.
.
3
For paragraph 2 there shall be substituted the following paragraph —
2
In the case of a claimant who, before the date of claim —
a
has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain, and
b
has ceased to be engaged in that employment, whether or not that employment has been terminated,
any earnings in respect of that employment except —
i
where that employment has been terminated, earnings to which regulation 19(1)(e) applies;
ii
where that employment has not been terminated, earnings to which regulation 19(1)(e), (i) and (j) applies.
.
4
In paragraph 3(1) after the words “In a case to which this paragraph applies” there shall be inserted the words “and paragraph 4 does not apply”.
5
In paragraph 5 for the words “paragraphs 3, 4A and 4B” there shall be substituted the words “paragraphs 3, 4A, 4B and 6 ”.
6
In paragraph 14 after the words “earnings of a” there shall be inserted the words “child or”.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
27
In paragraph 14(a) of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) after the words “such a pension” there shall be added the words “, except in so far as such a pension or payment falls to be disregarded under paragraphs 7 or 8”.
Amendment of Schedule 5 to the Council Tax Benefit Regulations
28
1
Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 21 for the words “regulation 25 or 47 (capital treated as income or treatment of student loans)” there shall be substituted the words “regulation 25, 27(5) or 47 (capital treated as income, modifications in respect of child or young person, treatment of student loans)”.
3
In paragraph 33 for the words “Any payment not exceeding £200” there shall be substituted the words “£200 of any payment or, if the payment is less than £200, the whole of any payment”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
25th August 1993


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No.8 and Transitional Provisions) Order 1993.
2
In this Order, “ the Act ” means the Local Government Finance Act 1992.
Commencement of provisions
2
The following provisions of the Act shall, so far as not then in force, come into force on 1st April 1993 —
a
sections 99(2) and 111;
b
in Schedule 11, paragraphs 29(a), 30, 32 to 36 and 38(b) and (e);
c
in Schedule 13, paragraphs 2, 9, 35, 37(2), 38, 40, 44(a), (b) and (d), 53 to 56 and 93; and
d
in Schedule 14, the repeals listed in the Schedule to this Order.
Transitional provisions
3
The repeal by this Order of section 28B of the Registration of Births, Deaths and Marriages (Scotland) Act 1965( ) shall not affect the operation of that section, or of regulations made under it, in relation to any death occurring before 1st April 1993.
4
The repeal by this Order of subsection (2A) of section 18 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987( ) shall not affect the operation of that subsection in relation to any death occurring before 1st April 1993.
5
Nothing in this Order shall affect the operation of —
a
sections 110 and 118(1)(b) of the Local Government (Scotland) Act 1973( ); and
b
Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;
in relation to any financial year beginning before 1st April 1993.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dewsbury 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 Dewsbury 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 Dewsbury 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 —
a
to own and manage hospital accommodation and services provided at Dewsbury District Hospital, Healds Road, Dewsbury WF13 4HS and associated hospitals;
b
to manage community health services provided from Dewsbury District Hospital, Healds Road, Dewsbury WF13 4HS 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 West Yorkshire 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 West Yorkshire 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 West Yorkshire 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
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 1993 and shall come into force on 2nd January 1994.
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£254” there shall be substituted “£240” and for “£103”there shall be substituted “£97.30”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1993
We consent to the making of these Regulations
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 1993


text:
1
This Order may be cited as the Financial Services (Designated Countries and Territories) (Overseas Insurance Companies) Order 1993, and shall come into force on 2nd June 1993.
2
The State of Iowa is designated for the purposes of section 130 of the Financial Services Act 1986.
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
8th May 1993


text:
1
This Order may be cited as the Income Tax (Indexation) (No. 2) Order 1993.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1994–95 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In subsection (2) of section 1 of the said Act (the charge to income tax) —
a
in paragraph (aa) (lower rate limit) — £2,600;
b
in paragraph (basic rate limit) — £24,200.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,515;
b
in subsection (2) (personal allowance — age 65 to 74) — £4,280;
c
in subsection (3) (personal allowance — age 75 and over) — £4,450;
d
in subsection (5) (income limit for age-related allowances) — £14,500.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,760;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £2,515;
c
in subsection (3) (married couple’s allowance — age 75 and over) — £2,555;
d
in subsection (5) (income limit for age-related allowances) — £14,500.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 6) Order 1993.
2
In this Order “ the Act ” means the Road Traffic Act 1991; and section 331(3) of the Criminal Procedure (Scotland) Act 1975( ) shall apply for the purposes of this Order as it applies for the purposes of that section.
Commencement
2
The provisions of the Act which are specified in column 1 of the Schedule to this Order shall, insofar as they are not then in force, come into force on 1st April 1993, but, when a particular purpose is specified in column 2 of that Schedule in relation to any such provision, that provision shall come into force on that day only for that purpose.
Fraser of Carmyllie
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
31st March 1993


text:
Citation and commencement
1
This Order may be cited as the Education (Designated Institutions in Further and Higher Education) (Interpretation) Order 1993 and shall come into force on 1st April 1993.
Interpretation of references to governing bodies
2
Any reference in the Education Acts 1944 to 1992 to the governing body of an institution, in relation to an institution which is —
a
a designated institution for the purposes of Part I (further education) or Part II (higher education) of the Further and Higher Education Act 1992, and
b
conducted by a company
shall be read as a reference to the governing body provided for in the instrument of government, except in the case of a reference in a provision listed in —
i
Schedule 1 to this Order, which shall be read as a reference to the company; or
ii
Schedule 2 to this Order, which shall be read as a reference to both the governing body provided in the instrument of government and the company.


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Authorisation) Regulations 1993, and shall come into force on 19th February 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1992 Act ” means the Friendly Societies Act 1992;
“class”, in relation to insurance business, has the meaning given in section 43 of the 1992 Act;
“deposit back arrangement”, in relation to any contract of reinsurance, means an arrangement whereby an amount is deposited by the reinsurer with the cedant;
“direct insurance business” means insurance business that is not reinsurance business;
“information” includes proposal and financial forecast;
“mathematical reserves” means the provision made by the society to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for long term business;
“minimum guarantee fund” means the minimum guarantee fund referred to in Regulation 5 of the Friendly Societies (Insurance Business) Regulations 1993 ;
“premium” includes a contribution in respect of an insurance benefit and the consideration for the granting of an annuity;
“qualifying bodies” has the meaning given by section 13(2) of the 1992 Act;
“required margin of solvency” means the margin of solvency to be maintained by the society under section 48 of the 1992 Act;
“Schedule” means Schedule to these Regulations;
“society” means an incorporated friendly society or a registered friendly society applying for authorisation under section 32 of the 1992 Act to carry on insurance or non-insurance business as an incorporated friendly society;
“the valuation regulations ” means Parts IV and V of the Friendly Societies (Insurance Business) Regulations 1993.
2
In these Regulations, unless the context otherwise requires —
a
references to an actuary, appointed actuary or appropriate actuary shall have the same meaning as they have in section 119 of the 1992 Act;
b
references to insurance business, long term business, general business, or reinsurance business shall have the same meaning as they have in section 117 of the 1992 Act; and
c
references to non-insurance business shall have the same meaning as they have in section 119 of the 1992 Act.
3
References in Schedule 2 to general and special policy conditions do not include specific conditions intended to meet, in an individual case, the particular circumstances of the risk to be covered.
Application
3
These Regulations shall apply to an application for authorisation to carry on insurance or non-insurance business as an incorporated friendly society under section 32 of the 1992 Act.
Authorisation: submission of information
4
The information to be submitted pursuant to paragraph 2(2) of Schedule 13 to the 1992 Act shall be —
a
for an application for authorisation to carry on long term business, the information specified in Schedule 1,
b
for an application for authorisation to carry on general business, the information specified in Schedule 2, and
c
for an application for authorisation to carry on non-insurance business, the information specified in Schedule 3.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on
Michael Cook
Secretary to the Commission
18th January 1993.
We consent to these Regulations
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 1993


text:
1
This Order shall come into force on 23rd June 1993 and may be cited as the A17 Trunk Road (Leadenham Bypass) (Detrunking) Order 1993.
2
In this Order —
1
all measurements of distance are measured along the route of the trunk road;
(2) (i) “classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; (ii) “the deposited plan” means the plan numbered HA10/EM 89 marked “The A17 Trunk Road (Leadenham Bypass) (Detrunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; (iii) “the new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of the A17 Trunk Road (Leadenham Bypass) Order 1993; and (iv) “the trunk road” means the A17 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council for Lincolnshire that the new trunk road is open for through traffic.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
24th May 1993


text:
PART I
GENERAL
Citation, commencement and extent.
1
These Regulations, which extend to the United Kingdom, may be cited as the Transfrontier Shipment of Radioactive Waste Regulations 1993 and shall come into force on 1st January 1994.
Interpretation etc.
2
1
In these Regulations, unless the context otherwise requires —
“appropriate standard document” for any purpose means the standard document prepared for that purpose in accordance with the procedure laid down in Article 19 of the Directive ;
“approval”, in regulations 7(5), 13(2)(b)(ii) and 15(1), means an approval under Article 6(1) of the Directive (or under that Article as applied by any other provision of the Directive), and “necessary”, in relation to such an approval, means necessary by virtue of any provision of the Directive;
“authorisation”, in Part II of these Regulations, means an authorisation under regulation 7(5);
“authorisation”, in regulations 10(a), 13(2)(b)(ii) and 15(1), means authorisation for a shipment granted by a Member State under Article 7 or 12(2) of the Directive (or under Article 7 as applied by any other provision of the Directive);
“chief inspector” means —
in relation to a shipment taking place in England and Wales and in no other part of the United Kingdom, the chief inspector for England and Wales appointed under section 4(2)(a) of the 1993 Act ;
in relation to a shipment taking place in Scotland and in no other part of the United Kingdom, the chief inspector for Scotland appointed under section 4(2)(b) of the 1993 Act;
in relation to a shipment taking place in Northern Ireland and in no other part of the United Kingdom, the chief inspector for Northern Ireland appointed under section 4(7) of the 1993 Act; and
in relation to a shipment taking place in two or more of the territories of England and Wales, Scotland or Northern Ireland, the proper authority determined in accordance with paragraph (2);
“ the Community ” means the European Atomic Energy Community;
“competent authorities”, in relation to a country, means the authorities which, under the law or regulations of that country, are empowered to implement the system of supervision and control defined in Titles I to IV of the Directive, and which, in the case of a Member State, have been designated as such in accordance with Article 17 of the Directive;
“consignee” means a person to whom radioactive waste is shipped;
“country of despatch” has the same meaning as in the Directive;
“country of transit” means a country, whether a Member State or a third country, other than the country of origin and the country of destination, through which a shipment of radioactive waste is, or is to be, transported;
“the Directive” means Council Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community;
“holder” means any person who, before carrying out a shipment, has the legal responsibility for the radioactive waste to be shipped and intends to carry out or arrange for shipment to a consignee;
“place of origin” and “place of destination” mean places situated in two different countries, either Member States or third countries, and those countries are respectively called “the country of origin” and “the country of destination”;
“radioactive waste” means any material which contains or is contaminated by radionuclides and for which no use is foreseen;
“sealed source” has the meaning given to it by Article 1(c) of Council Directive 80/836/Euratom ;
“shipment” means transport operations from the place of origin to the place of destination, including loading and unloading, of radioactive waste;
“the 1993 Act” means the Radioactive Substances Act 1993 ;
“third country” means a country that is not a member of the Community; and
“transporter” has the same meaning as it has in the Directive.
2
For the purpose of paragraph (d) of the definition of “chief inspector” in paragraph (1), where a shipment takes place in more than one of the territories of England and Wales, Scotland or Northern Ireland, the proper authority shall be —
a
in the case of a shipment to a place of destination in the United Kingdom, the chief inspector appointed under the 1993 Act for the territory in which the place of destination is situated;
b
in the case of a shipment from a place of origin in the United Kingdom, the chief inspector appointed under the 1993 Act for the territory in which the place of origin is situated; and
c
in the case of a shipment where the United Kingdom is a country of transit, the chief inspector appointed under the 1993 Act for the territory in which the point of entry into the United Kingdom is situated.
3
The chief inspector may, to any extent, delegate his functions under these Regulations to any other inspector appointed under section 4 of the 1993 Act.
Application of Regulations etc.
3
1
These Regulations apply to shipments between Member States, and into and out of the Community, other than —
a
shipments where the quantities and concentration of the radioactive waste do not exceed the levels laid down in Article 4(a) and (b) of Directive 80/836/Euratom; and
b
shipments where a sealed source (other than one containing fissile material) is returned by its user to the supplier of the source in another country.
2
Transport operations necessary for any shipment to which these Regulations apply shall comply with Community and national provisions and with international agreements on the transport of radioactive material.
Application of Regulations to the Crown and modifications relating to national security
4
1
Subject to paragraphs (2) to (4), the provisions of these Regulations shall bind the Crown.
2
No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the chief inspector, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.
4
In the application of this regulation to Northern Ireland references to the Crown shall include references to the Crown in right of Her Majesty’s Government in Northern Ireland.
5
The requirements of these Regulations shall not have effect to the extent that in any particular case they would, in the opinion of the Secretary of State for Defence, be against the interests of national security.
PART I
SHIPMENTS REQUIRING AUTHORISATION BY THE COMPETENT AUTHORITIES IN THE UNITED KINGDOM
Scope of Part II.
5
Subject to regulation 3(1), this Part applies to the following shipments —
a
shipments of radioactive waste from a place of origin in the United Kingdom to a place of destination in another country, whether another Member State or a third country;
b
shipments whereby such waste is to be imported into the Community from a third country and the country of destination is the United Kingdom; and
c
shipments whereby such waste is to enter the Community from a third country and the country of destination is not a Member State and the United Kingdom is the Member State in whose territory the waste is first to enter the Community.
Requirement for authorisation.
6
No person shall carry out in the United Kingdom a shipment to which this Part applies except where the shipment is carried out under, and in accordance with the conditions and requirements contained in, an authorisation granted by the chief inspector.
Applications for authorisation
7
1
An application for an authorisation shall be submitted, using the appropriate standard document, to the chief inspector —
a
in the case of a shipment to which this Part applies by virtue of regulation 5(a), by the holder who intends to carry out the shipment or to arrange for the shipment to be carried out;
b
in the case of a shipment to which this Part applies by virtue of regulation 5(b), by the intended consignee; and
c
in the case of a shipment to which this Part applies by virtue of regulation 5(c),by the person who has the responsibility for managing the shipment within the United Kingdom.
2
An application may be submitted in respect of more than one shipment if —
a
the radioactive waste to which it relates essentially has the same physical, chemical and radioactive characteristics;
b
the shipments are to be made from the same holder to the same consignee and involve the same competent authorities; and
c
in the case of shipments which involve third countries, the transit is via the same frontier post of entry to or exit from the Community and via the same frontier post of the third country or countries concerned, unless otherwise agreed between the competent authorities concerned.
3
On receipt of an application made under paragraph (1), the chief inspector shall send the application for approval to the competent authorities of each country, other than the United Kingdom, which, in relation to the proposed shipment, is either the country of origin or destination, or a country of transit, using the appropriate standard document, but the sending of the application for approval shall in no way affect the subsequent decision under paragraph (5).
4
Where —
a
this Part applies to a shipment by virtue of regulation 5(a) and the place of originis within a nuclear site, or
b
this Part applies to a shipment by virtue of regulation 5(b) and the place ofdestination is within a nuclear site, the chief inspector shall, upon receipt of an application made under paragraph (1), consult the Health and Safety Executive by sending to them a copy of the application and, before granting an authorisation, the chief inspector shall consider any representations made to him about the application by the Executive during such period as may be specified by the chief inspector when copying the application to the Executive or such other period as the chief inspector and the Executive may agree in writing.
5
Subject to regulation 8, if all the approvals necessary for the shipment in question have been granted, the chief inspector shall be entitled to grant an authorisation, to ship the radioactive waste, to the person who made the application and, using the appropriate standard document, the chief inspector shall inform the competent authorities of each country, other than the United Kingdom, which is either the country of origin or destination, or a country of transit.
6
For the purposes of paragraph (5), an approval shall be deemed to have been granted where no reply has been received from the competent authorities of a country, to whom an application has been sent for approval under paragraph (3), prior to the expiry of the period of two months from their having received it or, where they have requested a further period of not more than one month for making their position known, prior to the expiry of that further period, unless they have informed the Commission of the Communities in accordance with Article 17 of the Directive that they do not accept this automatic approval procedure in general.
7
Where the chief inspector grants an authorisation —
a
he shall use the appropriate standard document; and
b
he shall attach to the document any additional requirements which apply inrelation to the shipment.
8
An authorisation shall be valid for such period not exceeding three years as shall be specified in the authorisation.
9
The granting of an authorisation shall not in any way affect the responsibility of the holder, the transporter, the owner, the consignee or any other person involved in the shipment.
10
In this regulation, “nuclear site”means —
a
any site in respect of which a nuclear site licence is for the time being in force, or
b
any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end, and “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965 .
Restriction on shipments of radioactive waste to certain destinations and requirements as to taking back of shipments
8
1
The chief inspector shall not grant an authorisation for a shipment —
a
either —
i
to a destination south of latitude 60 degrees south; or
ii
subject to regulation 12 (return of material after processing or reprocessing), to a State party to the Fourth ACP-EEC Convention which is not a member of the Community; or
b
to a third country which, in the opinion of the chief inspector, in accordance with the criteria referred to in Article 20 of the Directive, does not have the technical, legal or administrative resources to manage the radioactive waste safely.
2
Where the chief inspector has granted an authorisation under regulation 7(5) for a shipment to which this Part applies by virtue of regulation 5(a), the holder shall be obliged to take the radioactive waste back if either —
a
the shipment cannot be completed, or
b
the conditions and requirements contained in the authorisation for the shipment are not complied with.
3
Where this Part applies to a shipment by virtue of regulation 5(b), the chief inspector shall not grant an authorisation for the shipment unless he is satisfied that the consignee of the radioactive waste has negotiated a clause with the holder of the waste established in the country of origin obliging that holder to take back the waste where a shipment cannot be completed.
Receipt of shipment
9
1
Where, in the case of a shipment to which this Part applies by virtue of regulation 5(a), and in respect of which the country of destination is a Member State, the chief inspector receives from the competent authorities of the country of destination a copy of the acknowledgment of receipt of the shipment sent in accordance with Article 9(2) of the Directive, he shall send a copy of that acknowledgment to the person who submitted, under regulation 7(1), the application for authorisation for that shipment.
2
Where the country of destination of a shipment is a third country, and this Part applies to the shipment by virtue of regulation 5(a), the person who submitted, under regulation 7(1), the application for authorisation for that shipment shall, within two weeks of the date of its arrival, notify the chief inspector that the waste has reached its destination in the third country, and shall indicate the last customs post in the Community through which the shipment passed.
3
The notification referred to in paragraph (2) shall be substantiated by a declaration or certification of the consignee of the radioactive waste stating that the waste has reached its proper destination and indicating the customs post of entry into the country of destination.
PART II
I SHIPMENTS WHERE THE COMPETENT AUTHORITIES IN THE UNITED KINGDOM ARE NOT RESPONSIBLE FOR GIVING AUTHORISATION
Requirement for authorisation and approval.
10
No person shall carry out in the United Kingdom a shipment to which these Regulations apply, not being a shipment to which Part II applies, except where the shipment is carried out under, and in accordance with, the conditions and requirements contained in —
a
an authorisation granted by the competent authorities of the Member State entitled under the Directive to grant such authorisation; and
b
an approval given under regulation 11 by the chief inspector.
Approval
11
1
Subject to paragraph (4), where in relation to a shipment the United Kingdom is the country of destination or a country of transit, the chief inspector shall, using the appropriate standard document, not later than two months after receipt of a duly completed application for approval from the competent authorities of the country responsible under Article 4 or 12(1) of the Directive (or under Article 4 as applied by any other provision of the Directive) for sending the same, notify those authorities of his approval of the shipment, or of any conditions which he requires to be attached to approval, or of his refusal to grant approval.
2
Any conditions required by the chief inspector under paragraph (1) shall not be more stringent than those laid down for similar shipments wholly within the United Kingdom and must comply with existing international agreements.
3
The chief inspector shall give reasons for attaching conditions to an approval, or for refusing an approval, in accordance with Article 3 of the Directive.
4
The chief inspector may request a further period of not more than one month in addition to the period referred to in paragraph (1) to make his position known and, if he so requests, the time for giving notification under paragraph (1) of his reply shall be extended by that further period.
5
Where the chief inspector fails to reply within the period set by this regulation to the competent authorities of a country who have sent him such an application for approval as is mentioned in paragraph (1) the chief inspector shall, for the purposes of regulation 17, be deemed to have notified those authorities that he refuses to grant approval for the shipment in question.
PART IV
RESHIPMENT OPERATIONS
Processing and reprocessing
12
1
Where radioactive waste is to be exported to a Member State, or to an undertaking within a Member State, for processing, these Regulations do not affect the right of the Member State, or that undertaking, to return the waste after treatment to its country of origin.
2
Where irradiated nuclear fuel is to be exported to a Member State, or to an undertaking within a Member State, for reprocessing, these Regulations do not affect the right of the Member State, or that undertaking, to return to its country of origin waste or other products of the reprocessing operation.
Cases where approval of reshipment may not be withheld
13
1
Where radioactive waste was to be exported for processing, or irradiated nuclear fuel exported for reprocessing, to a Member State, or to an undertaking in a Member State, and transit of the initial shipment was approved under regulation 11, the chief inspector may not refuse to approve reshipment under regulation 11 where that reshipment concerns the same material after treatment or reprocessing if all relevant legislation is respected.
2
Where —
a
in relation to a shipment, the country of despatch is a Member State; and
b
either —
i
the shipment cannot be completed, or
ii
the conditions and requirements contained in the authorisation and necessary approvals for the shipment are not complied with; and
c
transit of the initial shipment was approved under regulation 11, the chief inspector may not refuse to approve under regulation 11 reshipment of the radioactive waste in question to the holder of that waste in the Member State of despatch where the reshipment is undertaken on the same conditions, and with the same specifications, as the initial shipment.
3
Where —
a
a shipment from a third country to a country of destination which is a Member State cannot be completed; and
b
transit of the initial shipment was approved under regulation 11, the chief inspector may not refuse to approve under regulation 11 reshipment of that waste to the holder of the waste established in the third country where the reshipment is undertaken on the same conditions, and with the same specifications, as the initial shipment.
Shipments of radioactive waste which cannot be completed etc.
14
1
Where, in relation to a shipment, the holder of the radioactive waste becomes obliged, by virtue of regulation 8(2), to take back the waste, the chief inspector shall ensure that the radioactive waste in question is taken back by the holder.
2
Where a person has failed to comply with any obligation of his under regulation 8(2), the chief inspector may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the obligation.
3
For the purposes of this regulation, “chief inspector” shall mean that one of the chief inspectors appointed under section 4 of the 1993 Act who granted authorisation for the shipment under regulation 7(5).
PART V
DOCUMENTATION, DIRECTIONS, APPEALS AND OFFENCES
Documents and Receipts
15
1
Without prejudice to any accompanying documents required under other relevant provisions, no person shall carry out a shipment to which these Regulations apply within the United Kingdom unless it is accompanied by the application made under the Directive for authorisation, the necessary approvals for the shipment and the authorisation or, where a shipment is made by rail, those documents are available to the chief inspector.
2
Where, in relation to a shipment to which these Regulations apply, the United Kingdom is the country of destination, the consignee shall within 15 days of receipt of the radioactive waste send the chief inspector an acknowledgment of receipt using the appropriate standard document.
3
Where the chief inspector receives an acknowledgment of receipt sent to him under paragraph (2), he shall send copies of that acknowledgment to the competent authorities of the other countries involved in the operation.
Directions
16
1
Subject to paragraph (2), the Secretary of State may, if he thinks fit in relation to any application for either an authorisation under Part II or an approval under regulation 11, give to the chief inspector directions as to —
a
whether the application is to be granted or refused; or
b
the conditions and requirements to which the authorisation or approval, if granted, is to be subject, and it shall be the duty of the chief inspector to give effect to the directions.
2
A direction given by the Secretary of State under paragraph (1) shall be of no effect insofar as it requires the chief inspector to determine an application in a manner which is either contrary to, or not within the powers conferred upon him by, any of the provisions of these Regulations apart from this regulation.
Appeals
17
1
Where, except in pursuance of a direction given by the Secretary of State under regulation 16, the chief inspector under these Regulations —
a
refuses to grant an authorisation for which an application has been made under regulation 7(1); or
b
grants such an authorisation subject to conditions or requirements; or
c
notifies, under paragraph (1) of regulation 11, the competent authorities of a country who have sent him such an application for approval as is mentioned in that paragraph either that he refuses to grant approval for the shipment in question, or that he requires conditions to be attached to approval; or
d
is deemed by virtue of regulation 11(5) to have refused to grant approval for a shipment, the person applying for the authorisation for that shipment may, subject to paragraphs (2) and (3), appeal to the Secretary of State.
2
A person wishing to appeal under this regulation shall give written notice of appeal to the Secretary of State within the period specified in paragraph (3) (or such longer period as the Secretary of State may at any time allow).
3
In the case of an appeal made by virtue of paragraph (1)(d) the period specified for the purposes of paragraph (2) is six months and, in any other case, is two months from the date on which the person entitled to make the appeal is notified that the authorisation or, as the case may be, the approval for the shipment is refused or, as the case may be, granted subject to conditions.
4
Where by virtue of regulation 11(5) the chief inspector is deemed to have notified the competent authorities of a country that he refuses to grant approval for a shipment, he shall, for the purposes of paragraph (3), be deemed to have notified the person entitled to make the appeal of that refusal on the seventh day after the expiry of the period set for reply by regulation 11.
5
If the appellant wishes to withdraw an appeal he shall do so by notifying the Secretary of State in writing.
6
The appellant shall send to the Secretary of State with the notice of appeal an additional copy of the notice and two copies of —
a
a full statement of his case;
b
any relevant application;
c
any authorisation or decision which is the subject matter of the appeal; and
d
any correspondence or other documents relevant to the appeal, and the Secretary of State shall send one copy of the papers received by him to the chief inspector.
7
Where an appeal is made to the Secretary of State he may —
a
refer any matter involved in the appeal to a person appointed by him for that purpose;
b
afford the appellant the opportunity of appearing before and being heard by a person appointed by him for that purpose and, in the event of the appellant choosing to take advantage of any such opportunity, the Secretary of State shall afford the same opportunity to the chief inspector.
8
Any hearing afforded under paragraph (7)(b) may, if the person hearing the appeal so decides, be held, or held to any extent, in private.
9
Subject to paragraph (10), on determining an appeal under this regulation the Secretary of State —
a
may affirm the decision or deemed decision of the chief inspector;
b
where the appeal is against the refusal or deemed refusal of the chief inspector to grant an authorisation or approval, may direct the chief inspector to grant the authorisation or approval;
c
where the appeal is against the conditions or requirements subject to which the chief inspector granted an authorisation, or against the conditions which the chief inspector attached to a grant of an approval, may quash all or any of the conditions or requirements; and where he exercises any of the powers in sub-paragraphs (b) or (c), he may give directions to the chief inspector as to the conditions or requirements to be attached to the authorisation or approval, and the chief inspector shall give effect to any directions given to him by the Secretary of State under this paragraph.
10
No direction given by the Secretary of State under paragraph (9) may require the chief inspector to take any action which would be either contrary to, or not within the powers conferred upon him by, any of the provisions of these Regulations apart from this regulation.
Offences
18
1
Any person who fails to comply with any provision of regulation 6, 8(2), 9(2), 10, 15(1) or (2) commits an offence.
2
It is an offence for a person to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made —
a
in purported compliance with a requirement to furnish any information imposed by or under any provision of these Regulations; or
b
for the purpose of obtaining the grant under these Regulations of any authorisation or approval to, or for the benefit of, himself or any other person.
3
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
4
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where, in Scotland, an offence under these Regulations which has been committed by a partnership or an incorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
A person who commits an offence under this regulation shall be liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
8
In England and Wales, an inspector appointed under section 4 of the 1993 Act, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates' court proceedings for an offence under these Regulations.
John Selwyn Gummer
Principal Secretaries of State
Department of the Environment
2nd December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Cheshire 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 West Cheshire 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 West Cheshire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Priorities Care Unit, Liverpool Road, Chester CH2 1BA and associated hospitals;
b
to manage community health services provided from Trust Headquarters, Liverpool Road, Chester CH2 1UL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of 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 Chester 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 Chester 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 Chester 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:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 2) Regulations 1993 and shall come into force on 6th April 1993.
2
In paragraph (1) of regulation 3 of the Taxes (Interest Rate) Regulations 1989 —
a
the word “and” immediately following sub-paragraph (f) shall be omitted;
b
after sub-paragraph (g) there shall be inserted —
and
h
paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 ,
.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Hackney and Tower Hamlets (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
1
In this Order —
any reference to Hackney or Tower Hamlets is a reference to the London borough of that name;
“the map” means one of the 2 maps prepared by the Department of the Environment, marked
“Maps of the Hackney and Tower Hamlets (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers from Hackney to Tower Hamlets
3
The following areas of Hackney shown on map 1 —
i
the parts of Victoria ward marked B2 and B3; and
ii
the part of Wick ward marked B1 —
shall be transferred to Tower Hamlets, and to the Park ward.
Transfers from Tower Hamlets to Hackney
4
The areas marked B4 on map 1 and B5 on map 2 shall be transferred from Tower Hamlets, and from the Park ward to Hackney. The area marked B4 on map 1 shall additionally be transferred to the Victoria ward, and the area marked B5 on map 2 to the Wick ward.
Town and Country Planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
10th May 1993


text:
This Order may be cited as the Avon and Somerset Police (Amalgamation) (Amendment) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th March 1993


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) Regulations 1993 and shall come into force on 1st September 1993.
2
In these Regulations, a reference to the principal Regulations is a reference to the Education (Bursaries for Teacher Training) Regulations 1988 .
3
In regulation 2 of the principal Regulations —
a
in the definition of a “course of initial teacher training”, for “paragraph 2(2)(a)(iii) of Schedule 5 to the Education (Teachers) Regulations 1989” there shall be substituted “paragraph 2(1)(c) of Schedule 3 to the Education (Teachers) Regulations 1993 ”; and
b
in the definition of a “qualified teacher”, for “Schedule 5 to the Education (Teachers) Regulations 1989” there shall be substituted “Schedule 3 to the Education (Teachers) Regulations 1993”.
4
In regulation 7 of the principal Regulations —
a
in paragraph (1), for “(4) and (5)” there shall be substituted “(4), (5) and (6)”;
b
at the beginning of paragraphs (2) and (3), there shall be inserted the words “Subject to paragraph (6)”;
c
in paragraph (5), after “(1) and (3)”, there shall be inserted “or (6)”;
d
a new paragraph shall be added after paragraph (5) as follows:
6
In the case of a student who commences a course on or after 1st September 1993, a training bursary shall be £1,000 a year, and a student commencing a course on or after that date shall not be entitled to an equipment allowance of £200 under paragraph (2) or an allowance of £500 a year under paragraph (3).
.
John Patten
Secretary of State for Education
16th July 1993
John Redwood
Secretary of State for Wales
16th July 1993


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Safety Improvements) (Grants) Scheme 1993 and shall come into force on 22nd May 1993.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“the control period”, in relation to a grant under this Scheme, means a period of 3 years commencing with the date on which the improvement was completed to the satisfaction of the Ministers;
“improvement”, in relation to a vessel, means the acquisition, installation, modification, renewal or replacement of any part of the vessel, or of an engine or any part of an engine of or for the vessel, or of any relevant equipment required for, or installed or used on, the vessel;
“length”, in relation to a vessel, means length between perpendiculars measured in accordance with Article 2(2) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;
“relevant equipment” means equipment or apparatus of any description constructed or adapted for the purpose of catching sea fish.
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.
3
Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in the Scheme to such payment shall be construed accordingly.
Application for grant
3
1
Any person engaged or proposing to be engaged in the sea fish industry by carrying on the business of owning and operating one or more vessels registered in the United Kingdom for the purpose of catching sea fish may apply to the Ministers for a grant in respect of expenditure incurred or to be incurred, subject to sub-paragraph (2) below, in making an improvement to a vessel registered or intended to be registered in the United Kingdom and engaged or to be engaged in the catching of sea fish, where the improvement relates only to equipment required for, or installed or used on, such a vessel to enable its owner to obtain a fishing vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 .
2
No grant shall be payable under this Scheme in respect of —
a
expenditure incurred or to be incurred in the acquisition or installation of any second-hand equipment;
b
expenditure incurred or to be incurred in relation to an improvement in so far as, in the opinion of the Ministers, such expenditure can be regarded as laid out on the routine repair or maintenance of equipment required for the vessel or installed or used thereon; or
c
expenditure incurred before 1st January 1992 or, in the case of an application made on or after 30th June 1993, expenditure incurred before making the application.
3
Applications for grant under this Scheme shall be made in writing in such form as the Ministers may from time to time require, and shall be delivered to them at such address as they may at any time or in any particular case direct.
4
The Ministers may require applicants, in relation to the application made, to make a full statement of their financial position, including their assets, debts and obligations, and to make available for inspection by the Ministers, or their duly authorised agents, such books of account and other records and documents within their possession or control as the Ministers may require.
5
Where expenditure is shared by two or more persons, applications for grant under this Scheme may be made in respect of either the full expenditure or part of the expenditure incurred or to be incurred and may be made by individual applicants or by two or more applicants jointly.
6
1
In considering whether or not to approve an application for the payment of a grant under this Scheme, the Ministers —
a
shall have regard to the needs and interests of the sea fish industry or to that section thereof to which the application relates, but
b
shall not approve the application so far as it relates to any proportion, or item, of expenditure which in their opinion is unnecessary or unwarranted having regard to the benefit likely to be derived from the expenditure in respect of which the application is made.
2
No grant shall be paid under this Scheme unless —
a
the application for the payment of the grant has been approved by the Ministers before 1st January 1997; and
b
the conditions set out in paragraph 8 have been complied with.
Rates of grant
7
The rates of grant payable under this Scheme shall be —
a
in respect of a vessel over 33 metres in length, 10 per cent of the expenditure approved by the Ministers;
b
in respect of a vessel not exceeding 33 metres in length, 30 per cent of the expenditure approved by the Ministers.
Conditions for payment of grant
8
1
Subject to sub-paragraph (3) below, in a case where the applicant intends to enter into a contract with another person for the carrying out of the whole or any part of the work to which his application for a grant under this Scheme relates, the Ministers shall, before the contract is made, approve —
a
the plans and specifications of the vessel to which the application for grant relates;
b
the tender for expenditure to be incurred; and
c
the form of contract to be entered into between the applicant and the builder, supplier or other contractor.
2
Subject to sub-paragraph (3) below, in a case where the applicant himself intends to undertake the whole or any part of the work to which his application for a grant under this Scheme relates, the Ministers shall, before such work is begun, give their approval to the undertaking both as regards the manner in which it is to be carried out and the kind, quantity and cost of the materials to be supplied in the course thereof.
3
Sub-paragraphs (1) and (2) above shall not apply where the application is in respect of expenditure incurred before making the application.
4
The vessel in respect of or in connection with which an application for a grant under this Scheme is made shall conform to any standards laid down under the Merchant Shipping Act 1988 and shall be constructed or adapted so as to make such provision for the accommodation of officers and crew as, in the opinion of the Ministers, conforms to the best modern practice after making due allowance for the age and kind of vessel concerned, for sleeping and messing accommodation, sanitary accommodation, medical or first-aid facilities, store rooms, catering facilities and other accommodation.
5
No grant under this Scheme shall be paid in respect of expenditure incurred in the improvement of a vessel carried out elsewhere than in a member State.
Right to inspect vessel
9
Any person authorised in writing by the Ministers on producing, if required to do so, some duly authenticated document to show his authority shall have the right to inspect the vessel in respect of or in connection with which a grant has been or is to be made under this Scheme at any reasonable time during the carrying out of the improvement and on the completion of the improvement and thereafter at all reasonable times within the control period.
Timing of payment of grant
10
No payment of, or on account of, a grant shall be made until the sum to be found by the applicant has been paid towards the expenditure in respect of which the application is made and thereafter payment of, or on account of, the grant may be made by the Ministers direct to the applicant, or on the applicant’s behalf to the builder, supplier or other contractor in one sum or by such instalments and at such times as may be required in conformity with the contract, on the receipt of certificates or such further or other evidence that payment is due as may be required by the Ministers.
False statements
11
If any person makes a false statement or furnishes false information in respect of any of the matters required to be disclosed in connection with an application for payment of a grant under this Scheme, any payment of, or on account of, a grant to that applicant may at any time be refused, and any such payment already made in relation to that application may be recovered by the Ministers as a civil debt, or in Scotland as a debt.
Undertakings
12
Any person whose application for a grant under this Scheme is approved by the Ministers may be required to give such undertaking as they may consider appropriate to the case, and in particular (but without prejudice to the generality of the foregoing) shall be required in any case —
a
during the control period, and as may be appropriate to the case —
i
to employ the vessel in respect of or in connection with which the application was made (hereinafter in this paragraph referred to as “the vessel”); or
ii
to take all reasonable steps to ensure its employment;
in the diligent and vigorous prosecution of the catching of sea fish to the satisfaction of the Ministers;
b
to insure the vessel and keep it insured against all marine risks and war risks during the control period in a sum approved by the Ministers, which shall be at least sufficient to ensure that in the event of total loss of the vessel there will be made available sufficient monies to meet the repayment of the grant or any part thereof which might be repayable at the date of the loss; and
c
to keep and make available for inspection by the Ministers at all reasonable times during the control period any books, records or other documents within the applicant’s possession or control necessary to enable the Ministers to satisfy themselves that any conditions of the grant have been complied with.
Recovery of grant
13
1
Subject to sub-paragraph (2) below, the Ministers may recover as a civil debt, or in Scotland as a debt, from any person who receives grant under this Scheme a sum equivalent to the whole or any part of the grant paid to that person if there occurs within the control period —
a
the total loss of the vessel;
b
a breach of any undertaking or condition subject to which the grant or any part of it was made;
c
a mortgage of the vessel (other than a mortgage created for the raising of money applied towards the cost of construction or improvement of the vessel, being a mortgage approved by the Ministers before it was created), a transfer of registration of the vessel, or a charter, for any purpose other than the employment of the vessel in the catching of sea fish based on a port in the United Kingdom;
d
a disposal, whether by sale or otherwise, of the vessel or of any part thereof or of its engine or of any part thereof or of any equipment or apparatus used on or in connection therewith, or of any part of a vessel, engine, part of an engine or relevant equipment which is the subject of the improvement in respect of which the grant or any part of it was made.
2
If the event in sub-paragraph (1)(a) to (d) above which gives rise to the recovery of the grant under that sub-paragraph occurs more than 2 years from the commencement of the control period, there shall be repaid to the Ministers a sum equivalent to a proportion of the grant to be calculated by multiplying the total amount of the grant by the fraction which represents the relationship which the unexpired part of the control period bears to the full control period.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th May 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
17th May 1993
Patrick Mayhew
Secretary of State for Northern Ireland
20th May 1993
We approve,
Irvine Patnick
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
18th May 1993


text:
1
This Order shall come into force on 19th February 1993 and may be cited as the A30 and A39 Trunk Roads (Indian Queens, Fraddon and St Columb Road Bypass) (Detrunking) Order 1993.
2
The lengths of the A30 and the A39 described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and the length described in each of the paragraphs numbered 1, 2, 3 and 5 of that schedule shall be classified as shown opposite to the description of that length, as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk roads are open for through traffic.
3
In this Order:
1
all measurements of distance are approximate and are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal road but is classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWM 78, marked The A30 and A39 Trunk Roads (Indian Queens, Fraddon and St Columb Road Bypasses) (Detrunking) Order 1993 signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of the A30 and A39 Trunk Roads (Indian Queens, Fraddon and St Columb Road Bypasses and Slip Roads) Order 1993 ;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
v
“the A30” means the A30 London–Penzance Trunk Road; and
vi
“the A39” means the A39 Taunton–Fraddon Trunk Road.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
26th January 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1993 and shall come into force on 12th April 1993.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992;
“the up-rating order” means the Social Security Benefits Up-rating Order 1993 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
until the question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£40.50” of “£42.00”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£2106.00” of “£2184.00”.
Earnings limit
6
The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) shall be increased from £115, £15 and £115 to £120, £16 and £120 respectively.
Revocations
7
The Social Security Benefits Up-rating Regulations 1992 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Council Tax Benefit (Permitted Total) Order 1993 and shall come into force on 1st April 1993.
2
In this Order —
“council tax benefit” means council tax benefit under Part VII of the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Permitted total of benefit
2
For the purpose of section 139(10) of the Social Security Administration Act 1992, the permitted total of council tax benefit for any year in relation to an authority shall be the amount obtained by deducting 100% of any increases in council tax benefit granted during that year by that authority under regulation 60 of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances) from the total council tax benefit granted by that authority during that year and multiplying the resulting figure by 100.1%.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
10th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Caithness and Sutherland National Health Service Trust (Appointment of Trustees) Order 1993, and shall come into force on 30th April 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the Caithness and Sutherland National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the Trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the Trust under section 12G of the Act.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993


text:
Citation and commencement
1
This Order may be cited as the Local Government Staff Commission (England) Order 1993, and shall come into force on 12th May 1993.
Establishment of the Local Government Staff Commission (England)
2
1
On 13th May 1993 there shall be established, for the whole of England and for the purposes set out in section 23(1) of the Local Government Act 1992, a body to be known as the Local Government Staff Commission (England) (“the Staff Commission”).
2
The Staff Commission shall consist of not fewer than 2 and not more than 9 members who shall be appointed by the Secretary of State; and the Secretary of State shall appoint one of the members to be chairman.
3
Subject to the provisions of this article, a member of the Staff Commission shall hold and vacate office in accordance with the terms of his appointment.
4
A person who ceases to be a member of the Staff Commission shall be eligible for re-appointment.
5
A member of the Staff Commission may resign his office by notice in writing to the Secretary of State.
6
The Secretary of State may remove a member of the Staff Commission from office if he is satisfied that he —
a
is unable or unfit to carry out the functions of a member; or
b
has not complied with the terms of his appointment.
7
A person shall cease to be chairman of the Staff Commission —
a
if he resigns as such by notice in writing to the Secretary of State; or
b
if he ceases to be a member of the Staff Commission
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
20th April 1993


text:
1
This Order may be cited as the Finance (No. 2) Act 1992, Schedule 9, (Appointed Day) Order 1993.
2
The day appointed for the coming into force of Schedule 9 to the Finance(No. 2) Act 1992 is 19th February 1993.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rockingham Forest 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 Rockingham Forest 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 Rockingham Forest National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at St Mary’s Hospital, London Road, Kettering, Northants NN15 7PW and associated hospitals;
b
to manage community health services provided from St Mary’s Hospital, London Road, Kettering, Northants NN15 7PW 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 Kettering 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 Kettering 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 Kettering Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
22nd October 1993